The Circuit Court during the early
time period did not run continuosly from
day today throughout the year.
It was run on a quarterly basis, i.e., it
would run for about three months
and then there would be about a
three months break. During the
first couple of years after the Civil
War there was a great amount of
land condemnation cases where
the land was sold by the courts
to pay off individual debts. For the
most part I avoided these cases
in my abstracts because there was a
lot of work being done in this
area, along with deeds and other property
transfers, by others. Every one
seemed to be avoiding the naughty things
that great grandpa and great grandma
used to do There appears to be
enough interest to make a project
of that particular phase of Smith Co. history
and just concentrate on the foibles
and misadventures of our ancestors.
These abstracts of Smith County
court records were taken from LDS
microfilms Film No. 0319191.of
the original records and the
information is presented voluntarily,
and at no charge, to the
TNGenWeb Smith Co. Website
under the following conditions.
The information is to be provided free
of charge for the personal use
of researchers and is not to be used for
commercial purposes or for profit
of any kind. Publication,
reproduction, or distribution of
this information, other than that
stated above, is prohibited.
State of TN vs. Willis DEAN}
Assault and Battery
Grand Jury returned an indictment against
defendant for Assault and Battery
Court ordered a capias be issued,
State of TN vs. Joshua WILSON}
State of TN vs. Rowland HANKINS}
Gaming
State of TN vs. B. S. CARDWELL}
Grand Jury returned an indictment against
defendants for Gaming.
Court ordered a capias be issued.
Virginia A. CULLOM vs. William CULLOM}
Divorce
By consent of parties it is agreed that
Mrs. Marietta ALLEN may receive
Into her possession any of the assets
attached in this case for safekeeping,
subject to the future orders of this
Court. It is further agreed that Mrs.
ALLEN have charge of the keys to the mansion
house.
State of TN vs. King HARRISON}
Assault With Intent to Commit Rape
Jury found defendant guilty as
charged. Court sentenced defendant to two
entire years in the state penitentiary.
State of TN vs. Jackson RITTENBERRY}
Gaming
Grand Jury entered an indictment against
defendant for gaming.
Court ordered a capias be issued.
State of TN vs. John VANDERPOOL}
Assault and Battery
State of TN vs. Robert V. CARDWELL}
State of TN vs. William CULLOM}
Grand Jury entered an indictment against
defendants for assault and battery.
Court ordered that a capias be issued.
State of TN vs. John EVETTS}
Assault With Intent to Kill
State of TN vs. Thomas EVETTS}
The Attorney General entered a writ
of nolle prosequi upon defendants paying
costs of the suit.
State of TN vs. Eli GAMMON}
State of TN vs. J. P. MERRIMAN}
Debt
State of TN vs. J. V. TAYLOR}
L. A. HAMMOCK and the defendants appeared
in open court with their attorneys.
After hearing testimony from complainant
and defendants it appears to the Court
that the defendants have owed
L. A. HAMMOCK twenty seven dollars since 12
Jan 1861. It further appears to
the Court that Frances GAMMON, who holds a
life estate on 120 Acres on the waters
of Dog Creek, District 7 of Smith Co.,
was stayor for the debt. The Court
found in favor of the complainant,
L. A. HAMMOCK, twenty seven dollars,
the amount of the debt, plus two
dollars interest and costs of this suit.
The defendants having no money or
property, it was ordered by the court
that the life estate of Frances GAMMON
be sold to pay the debt, plus interest
and the costs of this suit.
State of TN vs. William CULLOM}
Drunkenness
Grand Jury entered an indictment against
the defendant for drunkenness.
Ordered by the court that a capias be
issued.
State of TN vs. Charles ROYSTER}
Disturbing Public Worship
Grand Jury entered an indictment against
the defendant for disturbing public worship.
Ordered by the court that a capias be
issued.
State of TN vs. David SUTTON}
Assault With Intent to Kill
Grand Jury presented that David
SUTTON did commit assault and battery
with intent to kill with a pitchfork
and apiece of timber by beating, bruising,
and wounding Allen C. SMITH on
the right and left side of his head and
also on the top of his head.
Witnesses for the Prosecution:
Riley KEMP and Henry CORNWELL
(Colored)
State of TN vs. James BRUCE}
Assault and Battery
Grand Jury entered an indictment against
the defendant for assault and battery.
Court ordered that a capias be issued.
State of TN vs. William JAMES
Drunkenness
Grand Jury entered an indictment against
the defendant for drunkenness.
Court ordered that a capias be issued.
State of TN vs. William CULLOM}
Lewdness
State of TN vs. Mary GRIFFIN}
Defendants were arrested and the Grand
Jury entered an indictment for lewdness.
Defendants were released on recognizance
that they appear in court
when summoned for trial.
State of TN vs. Jonathon H. SMITH}
Gaming
Jury found defendant guilty as charged.
"It is therefore considered by
the court that the defendant for his
offense pay a fine of fifty dollars
and costs of this suit, that he be imprisoned
in the Jail of Smith Co
for the period of ten days, that he
be removed from the office of
Sheriff of Smith Co., and that he be
disqualified from holding any
office in this state for the term of
five years".
Isham BEASLEY vs. James P. MERRYMAN & Wife}
Slander
Isham Beasley filed suit against defendants for slander.
G. L. PIERCE, Admr. for R. J. LYLES}
Debt
vs.
William CULLOM and L. N. CARDWELL}
Jury finds in favor of plaintiff for
debt of four hundred dollars and
damages by reason of detention of debt
in the sum of one hundred and
seventy six dollars. Total due
plaintiff by defendants five hundred and
seventy six dollars.
State vs. A. C. SMITH} Larceny
Jury found defendant guilty as charged.
Court ordered defendant to be
imprisoned in the state penitentiary
for a period of one year.
State of TN vs. James GRIFFITH}
Malicious Mischief
Grand Jury entered an indictment against defendant
for malicious
mischief. Court ordered that a capias
be issued.
State of TN vs. William RUCKS}
Tippling
State of TN vs. William HILL}
Grand Jury entered an indictment against defendants
for tippling. Court
ordered that a capias be issued.
State of TN vs. James C. WILLIAMS}
Assault and Battery
Defendant was arrested
on a charge of assault and battery and released,
pending trial, on
a bond of five hundred dollars posted by L. T.
WILLIAMS and John A. FITE.
State of TN vs. Thomas R. PRICE}
Selling Spirits Without the
State of TN vs. Roger FLIPPIN}
Required Oath or Bond
Grand Jury entered an indictment against the
defendants for selling
spirits without the required oath or bond.
Court ordered that a capias
be issued.
State of TN vs. Van H. ALLEN} Affray
State of TN vs. Henry HARPER}
Defendants were arrested on charges of affray.
Henry HARPER was
released, pending trial, on a bond of two
hundred and fifty dollars
posted by H. BARKSDALE and N. W. McCONNELL.
(Note by BLW: There was no mention of the
status of Van H. ALLEN)
State of TN vs. William BALLARD}
Lewdness
Eight separate writs of capias were issued
and each was returned with
the notation "Not to be found". It was
then ordered by the court that
this cause be stricken from the docket.
State vs. William MANNING}
Tippling
Grand Jury entered an indictment against the
defendant for tippling.
Court ordered that a capias be issued.
State of TN vs. John W. GRAY} Assault With
Intent To Commit Rape
Attorney General entered a writ of nolle prosequi
providing defendant
pay costs of the suit.
State of TN vs. G. C. SANDERS}
State of TN vs. (illegible) B. WILLIAMS}
State of TN vs. Zachariah J. WILLIAMS}
State of TN vs. Samson PICKERING}
State of TN vs. Stephen R. SAMPSON}
Riot
State of TN vs. G. W. MASSEY}
State of TN vs. James M. SHOEMAKE}
State of TN vs. James B. NANCE}
State of TN vs. Walker MASON}
Grand Jury entered an indictment against the
defendants on charges of
creating a riot. Court ordered a capias
be issued.
State of TN vs. Frederick GIBBS} Malfeasance
in Office
Jury found defendant guilty as charged.
Court ordered that he be
imprisoned in the State Penitentiary
for a period of five years, that he
be rendered infamous and incapable of
giving evidence or exercising the
right of election franchise, and that
the State recover of him the costs
of this suit. Defendant is remanded
to jail to await further
proceedings.
State of TN vs. Willis DEAN} Assault
and Battery
Jury found defendant guilty as charged.
Court ordered that he fined
ten dollars and costs of this suit.
State of TN vs. William ANGEL}
Violation of the Act to
State of TN vs. Daniel ANGEL}
Preserve the Public Peace
Grand Jury entered presentments against the
defendants on charges of
violating the Act to Preserve the Public Peace,
to wit:
That William ANGEL and Daniel ANGEL did unlawfully
and feloniously unite
with, associate with, promote and encourage
a secret organization of
persons that should and did prowl through
the country and towns of this
state by day and by night, disguised, or otherwise,
for the purpose of
disturbing the peace and alarming the peaceable
citizens of a portion of
this state. And the jury aforesaid further
present that the ssid
William ANGEL and Daniel ANGEL did make an
assault and battery on one
James GOOCH (colored) and then and there did
beat, bruise, and ill treat
to his great damage and against the peace
and dignity of the State.
Ordered by the court that a capias be issued for
each defendant.
State of TN vs. Alethia DILLARD} Selling
Spirits Without the
State of TN vs. Beverly THOMAS} Required
Oath or Bond
Grand Jury entered an indictment against the
defendants for selling
spirits with the required oath or bond.
Court ordered that a capias be
issued for each defendant.
State of TN vs. Julia BUSH} Keeping a
Bawdy House
Grand Jury entered an indictment against the
defendant for keeping a
bawdy house. Court ordered that
a capias be issued.
State of TN vs. Bryant DICKENS}
Lewdness
State of TN vs. Harriet BUSH}
Grand Jury entered presentments against the
defendants for lewdness.
Court ordered that a capias be issued for
each defendant.
State of TN vs. Wade JONES} Selling Spirits
Without Required Oath or Bond
Grand Jury entered an indictment against
defendant for selling
spirits without the required oath or
bond. Court ordered that a capias
be issued.
State of TN vs. W. B. JENKINS}
Nuisance
Grand Jury entered an indictment against the
defendant on a charge of
nuisance. Court ordered that a
capias be issued.
State of TN vs. Wesley SUTTON}
Selling Spirits Without Required Oath or Bond
Grand Jury entered an indictment
against the defendant on a charge of
selling spirits without the required
oath or bond. Court ordered that a
capias be issued.
State of TN vs. (illegible) H. ALLEN}
Drunkenness
Grand Jury entered an indictment against
the defendant on a charge of
drunkenness. Court ordered that
a capias be issued.
State of TN vs. J. C. DICKENS}
State of TN vs. J. H. LIGON}
State of TN vs. Robert TRAWEEK}
State of TN vs. D. A. HILL}
Malfeasance in Office
State of TN vs. W. H. BUSH}
State of TN vs. C. C. FORD}
State of TN vs. D. A. TYREE}
State of TN vs. D. M. BRADFORD}
Grand Jury entered indictments
against the defendants on charges of
malfeasance in office. Court
ordered a capias be issued for each
defendant.
State of TN vs. M. A. DICKENS}
State of TN vs. J. W. HALL}
State of TN vs. C. M. MURRY}
State of TN vs. B. J. VADEN}
State of TN vs. J. R. SMITH}
State of TN vs. A. RIGSBY}
State of TN vs. D. H. SUITE}
Malfeasance in Office
State of TN vs. E. W. CORNWELL}
State of TN vs. A. P. CARDWELL}
State of TN vs. Thomas SANDERSON}
State of TN vs. William NIXON}
State of TN vs. W. G. DAVIS}
State of TN vs. T. C. TAYLOR}
State of TN vs. L. H. CAGE}
State of TN vs. Willis DEAN}
Grand Jury entered indictments
against the defendants on charges of
malfeasance in office. Court
ordered that a capias be issued for each
defendant.
State of TN vs. William ARRINGTON}
Malfeasance in Office
State of TN vs. F. M. ORANGE}
Grand Jury entered indictments
against the defendants on charges of
malfeasance in office. Court
ordered that a capias be issued for each
defendant.
State of TN vs. George LYNCH}
Playing Cards With a Negro
State of TN vs. John M. VANCE}
Grand Jury entered indictments
against the defendants on charges of
playing cards with a Negro.
Court ordered that a capias be issued for
each defendant.
State of TN vs. John GIBBS}
Selling Spirits Without Required Oath or Bond
Grand Jury entered an indictment
against the defendant on a charge of
selling spirits without
the required oath or bond. Court ordered that a
capias be issued.
State of TN vs. Wade JONES}
Selling Spirits Without
State of TN vs. James McGUFFEY}
Required Oath or Bond
State of TN vs. Wesley SUTTON}
Grand Jury entered indictments against the
defendants on charges of
selling spirits without the required oath
or bond. Court ordered that a
capias be issued for each defendant.
State of TN vs. Henderson OVERSTREET}
Nuisance
Grand Jury entered an indictment against the defendant
on a charge of
nuisance. Court ordered that a capias
be issued.
State of TN vs. Henry WARD}
Malicious Shooting
Defendant was arrested and released,
pending trial, on a two thousand
dollar bond posted by J. W. WARD,
W. W. WARD, J.A. FITE, and W. C.
DENNEY.
State of TN vs. William LYNCH}
Lewdness
State of TN vs. Nancy WHITLEY}
Grand Jury entered indictments against the defendants
on charges of
lewdness. Court ordered that a capias
be issued for each defendant.
State of TN vs. Jesse LYNCH}
Going Armed
Grand Jury entered an indictment
against the defendant on a charge of
going armed. Court
ordered that a capias be issued.
State of TN vs. William JACKSON}
Drunkenness
Defendant was arrested and
entered a plea of guilty. Defendant was
fined two dollars and fifty
cents and costs of the suit.
State of TN vs. J. D. VADEN}
Nuisance
Defendant was arrested on
a charge of nuisance and entered a plea of
guilty. Defendant
was fined two dollars and fifty cents and costs of
the suit then released on
a bond of two dollars and fifty cents and
costs posted by F. M. VADEN
and Joseph MYER.
State of TN vs. T. P. BRIDGES}
Tippling
State of TN vs. T. P. BRIDGES}
Grand Jury entered an indictment
against the defendant on two
separate charges of tippling.
Court ordered that a capias be issued.
State of TN vs. James SNOW}
Selling Spirits Without the Required Oath or Bond
Defendant was arrested for
selling spirits without the required oath
or bond. The Attorney
General entered a writ of nolle prosequi on
condition that the defendant
pay the costs of this suit.
State of TN vs. Robert TRAWEEK}
Disturbing Public Worship
Defendant was arrested on
a charge of disturbing public and released,
pending trial, on a two
hundred and fifty dollar bond posted by Mitchell
PERRY.
State of TN vs. E. T. NORRIS}
Gaming
Defendant was arrested on
a charge of gaming and entered a plea of
guilty. Defendant
was fined five dollars and costs of the suit then
released on a surety bond
of five dollars and costs posted by Garry
LYNCH.
State of TN vs. David MIDGET}
Assault and Battery
Grand Jury entered an indictment
against the defendant on a charge of
assault and battery.
Court ordered that a capias be issued to DeKalb Co.
State of TN vs. William MANNING}
Tippling on Sunday
State of TN vs. J. H. ROSE}
Defendants were arrested
for tippling on Sunday. William MANNING was
released, pending trial,
on a two hundred and fifty bond posted by W. H. GILL, JR.
J. H. ROSE was released,
pending trial, on a two hundred and fifty bond
posted by W. F. LITCHFORD
and R. P. HANKINS.
State of TN vs. William F. LITCHFORD}
Gaming
Defendant was arrested for
gaming and released, pending trial, on a
two hundred and fifty dollar
bond posted Thomas ARRINGTON.
State of TN vs. David HANKINS}
Gaming
Defendant was arrested for
gaming and was released, pending trial, on
a two hundred and fifty
dollar bond posted by W. F. LITCHFORD and D. B.
HANKINS.
Eliza MILLER vs. William L. CARDWELL, et al}
On motion of plaintiff's attorney an alias
writ is ordered to be
issued to Smith Co. for L. J. CARDWELL.
State of TN vs. James WARD}
Disturbing Public
State of TN vs. Thomas CONATSER}
Worship
State of TN vs. Ewin RICE}
Defendants were arrested
for disturbing public worship and each
defendant was released,
pending trial, on a two hundred and fifty dollar
bond posted by W. C. DENNEY
and A. SPAIN.
State of TN vs. Julia BUSH}
Keeping a Bawdy House
Defendant was arrested on charges of keeping
a bawdy house and was
released, pending trial, on a one hundred
dollar bail bond and a two
hundred and fifty dollar surety bond posted
by E. McKINNEY, W. B. PETTY,
James KING, A. J. CLAXTON, James MCCRARY,
and W. W. MASSEY.
State of TN vs. Wesley SUTTON}
Selling Spirits Without the Required Oath or Bond
Defendant was arrested for
selling spirits without the required oath
or bond. Attorney
General entered a writ of nolle prosequi on the
condition that the defendant
pay the costs of this suit.
State of TN vs. J. R. SMITH}
Malfeasance in Office
Defendant was arrested for
malfeasance in office. The Attorney
General entered a writ of
nolle prosequi on the condition that the
defendant pay the costs
of this suit.
State of TN vs. A. P. CARDWELL}
Malfeasance in Office
Defendant was arrested for
malfeasance in office. The Attorner
General entered a writ of
nolle prosequi on the condition that the
defendant pay the costs
of this suit. A security bond for the amount of
the costs of this suit was
posted
by Willis DEAN.
State of TN vs. John LOMAN}
Lewdness
State of TN vs. Sophia GREGORY}
Defendants were arrested
for lewdness and each defendant was released,
pending trial, on one hundred
dollar bail bond, and jointly on a five
hundred and fifty dollar
surety bond. The bonds were posted by E.
McKINNEY, W. B. PETTY, James
KING, A. J. CLAXTON, James McCRARY, and W.
W. MASSEY.
State of TN vs. Polk ROBERTS}
Assault and Battery
Defendant was arrested for
assault and battery and entered a plea of
guilty as charged.
Defendant was fined ten dollars and costs of the
suit. Surety bond
for ten dollars and costs of the suit was posted by
J. S. CORNWELL and Nathan
ROBERTS.
State of TN vs. John H. ROBERTS}
State of TN vs. Lewis MANNER}
Robbery
State of TN vs. William H. MARCUM}
Smith County Grand
Jury returned a bill of indictment against the defendants for
robbery, in words and figures,
to wit: "That John H. ROBERTS, Lewis
MANNER, and William H. MARCUM,
on the 1st day of July 1866 in the
County and State aforesaid,
in and upon one Lewis H. YOUNG, feloniously,
did make an assault on him
the said Lewis H. YOUNG in bodily fear and
danger of his life, then
and there, feloniously, did put on one two
horse wagon of the value
of one hundred dollars, one rifle gun of the
value of twenty dollars,
twenty five dollars in greenbacks of the value
of twenty five dollars,
twenty five dollars in United States Treasury
notes of the value of twenty
five dollars, one pistol of the value of
fifteen dollars, of the
money, goods and chattels of the said Lewis H.
YOUNG, then and there feloniously
and violently did steal, take and
carry away against the peace
and dignity of the State.
/s/ John B. ROBINSON, Atty. Gen'l., 6th Circuit
The court ordered that a capias be issued for each defendant.
State of TN vs. William B. HEFLIN}
Drunkenness
Defendant was arrested on
a charge of drunkenness and entered a plea
of guilty as charged.
Defendant was fined two dollars and fifty cents
and costs of the suit.
A surety bond of two dollars and fifty cents and
costs of the suit was posted
by R. A. COCKERHAM.
Richard AVERITT vs. John T. SANDERS}
Debt
It appearing to the
court that John T. SANDERS is indebted to Richard
AVERITT in the sum
of eleven dollars and eighty cents, and defendant
having no goods or
chattels in Smith Co., it is ordered that the amount
of the debt and the
costs of this suit be levied on a tract of land
containing 160 acres
owned by the defendant. On motion of the plaintiff
it is further ordered
that the said tract of land belonging to the
defendant be sold
by the Sheriff of Smith Co. to satisfy said judgment
of eleven dollars
and eighty cents and costs of this suit.
State of TN vs. Sam ROGERS} Assault
and Battery
Grand Jury entered an indictment against
defendant for assault and
battery. Court ordered that a
capias be issued.
State of TN vs. Sam ROGERS}
Going Armed
State of TN vs. Dickson BEAL}
Grand Jury entered an indictment against
each defendant for going
armed. Court ordered that a capias
be issued for each defendant
State of TN vs. C. W. SMITH} Tippling
Jury found defendant guilty as charged
on an indictment of tippling
and defendant was fined five dollars
and costs of the suit. Defendant
was released on as surety bond of five
dollars and costs of the suit
posted by W. W. WARD.
State of TN vs. Beverly THOMAS} Selling Spirits Without the
Required oath of Bond
Defendant was arrested on a charge of
selling spirits without the
required oath or bond. The Attorney
General entered a writ of nolle
prosequi on the condition that the defendant
pay the costs of the suit.
State of TN vs. Julia BUSH}
Keeping a Bawdy House
Jury found the defendant guilty as charged
and the court ordered that
the defendant be fined five dollars
and costs of this suit. The
defendant was unable to pay the fine
and the costs, or give security for
the fine and costs, and was remanded
to jail. Then came the Attorney
General and the defendant and the defendant
made oath that she had no
property whatsoever except her wearing
apparel. Whereupon it was
ordered by the court that the defendant
be discharged from jail.
State of TN vs. Isaac CARTER} Violation
of the Act to
State of TN vs. Babe LAW}
Preserve the Public Peace
Grand Jury entered presentments against
the defendants on charges of
violating the Act to Preserve the Public
Peace, to wit: "That Isaac
CARTER and Babe LAW did unlawfully and
feloniously unite with, associate
with, promote and encourage a secret
organization of persons that should
and did prowl through the country and
towns of this State by day and
night, disguised, or otherwise, for
the purpose of disturbing the peace
and alarming the peaceable citizens
of a portion of this State. And the
jury aforesaid further present that
the said Isaac CARTER and Babe LAW
did make an assault and battery on one
David LAMB, and then and there
did beat, bruise, and ill treat to his
great damage and against the
peace and dignity of the State.
Court ordered that a capias be issued
for each defendant.
State of TN vs. John ALLMAN} Going
Armed
Grand Jury entered an indictment against
the defendant on a charge of
going armed. Court ordered that
a capias be issued.
State of TN vs. J. H. SMITH}
State of TN vs. G. W. MASSEY}
Gaming
State of TN vs. James BRASWELL}
State of TN vs. J. E. McKINNEY}
Grand Jury entered an indictment against
the defendants for gaming.
Court ordered that a capias be issued
for each defendant.
State of TN vs. C. H. SMITH}
Tippling on Sunday
State of TN vs. Larkin CRAIN}
Grand Jury entered an indictment against the
defendants for tippling
on Sunday. Court ordered that a capias
be issued for each defendant.
State of TN vs. Rachel GREGORY}
Keeping a Bawdy House
State of TN vs. Margaret GREGORY}
State of TN vs. Sophia GREGORY}
After two days of deliberations the jury found the defendants
not
guilty as charged. The accounting of H. M. McKEE, jailer of Smith
Co.,
for keeping and boarding said defendants in jail, and for turnkeys
in
said cause, amounting to twenty three dollars and twenty cents.
State of TN vs. John LOMAN}
Lewdness
State of TN vs. Margaret GREGORY}
After two days of deliberations the
jury found the defendants not
guilty as charged. The accounting
of H. M. McKEE, jailer of Smith Co.,
for keeping and boarding said defendants
in jail, and for turnkeys in
said cause, amounting to nine dollars
and eighty cents.
State of TN vs. John H. ROBERTS}
Robbery
Defendant was arrested on a charge of
robbery and released, pending
trial, on a one thousand dollar bond
posted Jackson HERRON, Reuben
BREWINGTON, and Sarah VICKERS.
State of TN vs. Job WILLIAMS}
Larceny
Grand Jury upon their oath
present that Job WILLIAMS, on the 1st day
of November 1869 in the
county and state aforesaid, one pair of boots of
the value of five dollars
of the goods and chattels of one O. S. EWING,
then and there being found
feloniously, did steal, take, and carry away
against the peace and dignity
of the State.
/s/ Jno. B. ROBINSON, Atty. Gen'l., 6th Cir. Ct.
Witnesses for the Prosecution:
O. S. EWING, John W. SMITH and Ida R. EWING.
Court ordered that a capias
be issued .
State vs. John H. SMITH}
Nuisance
Grand Jury entered an indictment
against the defendant on a charge of
nuisance. Court ordered
that a capias be issued.
State of TN vs. William VAUGHN}
Disturbing Public Worship
State of TN vs. David BURFORD}
Grand Jury entered indictments
against the defendants on charges of
disturbing public worship.
Court ordered that a capias be issued for
each defendant.
State of TN vs. Lou JENKINS}
Horse Racing on a Public Road
State of TN vs. Sy HYATT}
Grand Jury entered indictments
against the defendants on charges of
horse racing on a public
road. Court ordered that a capias be issued
for each defendant.
State of TN vs. Job WILLIAMS}
Larceny
Defendant was arrested on a charge
of larceny and was released,
pending trial, on a five hundred
dollar bond posted by John BOWLES.
State of TN vs. H. C. DONOHO}
State of TN vs. B. S. CARDWELL}
Debt
State of TN vs. J. H. SMITH}
Jury found the issue in
favor of the plaintiff and that defendants
are indebted to the State
of Tennessee for one thousand dollars and the
costs of this suit on the
bond sued on. It is therefore considered by
the court the plaintiff
recover of the defendants one thousand dollars
and the costs of this suit.
State of TN vs. John JUSTICE}
Manufacturing Liquor
State of TN vs. P. M. (illegible)orth}
Without Taking the
State of TN vs. M. D. L. WHITE}
Required Oath or Bond
Grand Jury entered indictments
against the defendants for
manufacturing liquor without
taking the required oath or bond. Court
ordered that a capias be
issued for each defendant.
State of Tn vs. James Filston}
State of TN vs. Andrew GLASGOW}
State of TB vs. T. B. LITTLE}
State of TN vs. William LONG}
Riot
State of TN vs. F. F. HUNT}
State of TN vs. Charles SWOPE}
Grand Jury entered indictments
against the defendants on charges of
inciting a riot. Court
ordered that a capias be issued for each
defendant in Smith Co. and
in Sumner Co.
State of TN vs. D. C. PATTON}
Attempt to Produce Abortion Smith Co.
The Grand Jury for the State upon
their oath presents that D. C.
PATTON, on the 1st day of March
1869 in the County and State aforesaid,
willfully, maliciously, unlawfully,
and wickedly, did administer to and
cause to be administered to and
taken by one Cynthia ROBINSON, single
woman. She, the said Cynthia
ROBINSON, being then and there big and
pregnant with child, divers quantities
of deadly poison, dangerous,
unwholesome and pernicious pills,
herbs, drugs, potions, teas, liquids,
powders and mixtures, with intent
then and there to cause and procure
the miscarriage and abortion of
the said Cynthia ROBINSON, and the
premature birth and destruction
of the said child of which the said
Cynthia ROBINSON was then and
there big and pregnant, to the great
damage of the said Cynthia ROBINSON,
to the evil example of all others
in like case, offending against
the peace and dignity of the State.
/s/ Jno. B. ROBINSON, Atty. Gen'l., 6th Cir.
Witness for the Prosecution: Cynthia ROBINSON
Court ordered that a capias be issued.
Henry SADLER}
vs.
Debt
Garrett SADLER}
James W. McHENRY took a
promissory note from Garrett SADLER for one
hundred and eleven dollars
with Henry SADLER as surety. Garrett SADLER
defaulted on the note.
On 6 Mar 1868 James W. McHENRY filed suit
against Henry SADLER to
recover the amount of the debt plus interest and
court costs in the amount
of fourteen dollars and fifty cents. The
court awarded James W. McHENRY
one hundred and eleven dollars the amount
of the debt, plus twenty
one dollars damages for withholding payment,
plus eight dollars and fifty
eight cents interest, plus court costs. On
orders of the court the
Sheriff, on 29 Oct 1868, seized personal
property of Henry SADLER
to satisfy the total amount of the debt of one
hundred and forty dollars
and fifty eight cents plus court costs.
Lydia A. WINFREY}
vs.
Divorce
David T. WINFREY}
On a motion of "pendente lite"
filed by the complainant it appeared
to the court that complainant
is entitled to her relief sought by her
motion. It further appeared
to the court that complainant is in
destitute circumstances.
It is therefore ordered, adjudged and decreed
by the court that the defendant
David T. WINFREY deliver to G. E.
COURTNEY, Special Receiver for
the use of the complainant and her
children, to wit: twenty
barrels of corn, one half of the port of seven
hogs he now has fattening, one
bay horse (the one claimed by Eli
COURTNEY), one turning plow, and
one set of plow gear. The title to
said horse, plow, and set of plow
gear and any other chattel property
she may not have consumed to remain
(illegible) of said David T. WINFREY
until further orders of this court
but the use and control to be for the
benefit of complainant and her
children. It is further ordered,
adjudged, and decreed by the court
that the defendant, David T. WINFREY,
pay into the office of the Clerk
the sum of twenty five dollars within
two months from this date for
the complainant's solicitors, J. J. FORD
and J. C. FITE, and if said sum
is not paid within said time it is
ordered by the court that execution
issue therefore. The incompetency
of the court in making the allowance
to complainant's solicitors is
waived by solicitors on both sides.
/s/ Samuel M. FITE, Judge, 6th Cir. Ct.
William H. STAFFORD}
vs.
Divorce - Final Decree
Mary F. STAFFORD}
It appearing
to the court that the allegations of complainant that
defendant has
been guilty of adultery with one Samuel C. STAFFORD were
sustained by
the proof and defendant's counsel withdrawing her answer.
The court was
pleased to order, adjudge, and decree that the bonds of
matrimony heretofore
subsisting between complainant and defendant be
forever dissolved
and the complainant be restored to all the rights and
privileges of
a single man. The court is further pleased to order and
decree that
the complainant be allowed to have custody and control of
the children,
Mary Elizabeth Jane STAFFORD and James Samuel STAFFORD and
that the complainant
pay the cost of this cause. It further appears to
the court that
complainant is a man of good character on the subject of chastity.
State of TN vs. Robert TRAWEEK}
Disturbing Public Worship
Defendant was arrested on
a charge of disturbing public worship and
released, pending trial,
of a two hundred and fifty dollar bond posted
Mitchell PERRY.
State of TN vs. David BURFORD}
Disturbing Public Worship
Defendant was arrested on
a charge of disturbing public worship and
entered a plea of guilty
as charged. Defendant was fined twenty dollars
and costs and released on
a bond of twenty dollars and costs posted by
J. A. FITE.
State of TN vs. Jerry BARTLETT (colored)}
Larceny (Horse Theft)
Grand Jury entered an indictment
against Jerry BARTLETT (colored), to
wit: That Jerry BARTLETT
(colored), did on the 15th day Jan 1870 of the
Co. and State aforesaid,
one sorrel mare of the value of one hundred and
twenty five dollars of the
goods and chattels of one Erasmus HARRIS,
then and there being found
feloniously did steal, take, and carry away
against the peace and dignity
of the State. Court ordered that a capias
be issued.
State of TN vs. John ALLEN}
Going Armed
Grand Jury entered an indictment
against the defendant for going
armed. Court ordered
that a capias be issued.
State of TN vs. William VAUGHN}
Disturbing Public Worship
Defendant was arrested on
a charge of disturbing public worship and
entered a plea of guilty
as charged. Defendant was fined twenty dollars
and costs and was released
on a bond of twenty dollars and costs posted
by H. BARKSDALE and Wilson
JENKINS.
State of TN vs. David MIDGET}
Assault and Battery
Defendant was arrested on
a charge of assault and battery. The
Attorney General entered
a writ of nolle prosequi on the condition that
the defendant pay the costs
of this suit.
State of TN vs. James B. WARD}
Disturbing Public Worship
State of TN vs. R. W. ROGERS}
Defendants were arrested
on charges of disturbing public worship.
The Attorney General entered
a writ of nolle prosequi on the condition
that defendants pay the
costs of their suits.
State of TN vs. James BRASWELL}
Gaming
Defendant was arrested for
gaming. The Attorney General entered a
writ of nolle prosequi on
the condition that defendant pay the cost of
this suit.
State of TN vs. G. B. WOOD}
Disturbing Public Worship
Defendant was arrested for
disturbing public worship. The Attorney
General entered a writ of
nolle prosequi on the condition that defendant
pay the cost of this suit.
State of TN vs. Absalom SMITH}
Larceny
Grand Jury entered an indictment
against the defendant in words and
figures, to wit: That Absalom
SMITH on the 15th day of March 1870, in
the Co. and State aforesaid, three
sides of bacon of the value of
fifteen dollars, three middlings
of bacon of the value of fifteen
dollars, and one hundred pounds
of bacon of the value of fifteen
dollars, of the goods and chattels
of one Morris BROWN, then and there
being found, feloniously
did steal, take, and carry away, against the
peace and dignity of the State.
Court ordered that a capias be issued.
State of TN vs. J. H. SMITH}
Gaming
State of TN vs. J. H. SMITH}
Gaming With a Negro
Defendant was arrested on two
separate charges; one charge of gaming and
one charge of gaming with a Negro.
Defendant was released, pending
trial for the two charges, on
a fifty dollar bond for each charge.
Bonds were posted by J. N. CALLAHAN
and J. B. LUSTER.
State of TN vs. Ridley ROBERTS}
Assault and Battery
Grand Jury entered an indictment
against the defendant for assault
and battery. Court ordered
that a capias be issued.
State of TN vs. G. W. MASSEY}
Gaming
State of TN vs. G. W. MASSEY}
Gaming With a Negro
Defendant was arrested on two separate
charges; one charge of
gaming, and one charge of gaming with
a Negro. Defendant was released,
pending trial for the two charges, on
a fifty dollar bond for each
charge. Bonds were posted by A.
A. SWOPE.
State of TN vs. J. H. SMITH}
Nuisance
Defendant was arrested on a charge of
nuisance and released, pending
trial, on a fifty dollar bond posted
by J. N. CALLAHAN and J. B. LUSTER.
State of TN vs. William WILLIAMS}
Disturbing
State of TN vs. James ALEXANDER}
Public Worship
State of TN vs. William DOWNS}
Grand Jury entered indictments against
the defendants for disturbing
public worship. Court ordered
that a capias be issued for each
defendant.
State of TN vs. Ward BALLOW}
Going Armed
Grand Jury entered an indictment against
the defendant for going
armed. Court ordered that a capias
be issued.
State of TN vs. Absalom SMITH}
Larceny
Defendant was arrested on a charge of
larceny and entered a plea of
not guilty. Jury found that the
value of the bacon to be less than ten
dollars, whereupon the defendant entered
a plea of guilty to a lesser
charge of Petit Larceny. It was
then ordered by the court that the
defendant be imprisoned in the County
Jail of Smith Co. for the term of
six months, and that he be rendered
infamous and incapable of giving
evidence, or exercising the rights of
the election franchise and that he
pay the costs of this prosecution.
State of TN vs. Ridley ROBERTS} Assault
and Battery
Defendant was arrested for assault and
battery and released, pending
trial, on a bond of two hundred and
fifty dollars posted by S. G. WHITE
and William ROBERTS
State of TN vs. Jessee McGUFFY} Selling
Spirits Without the Required Oath or Bond
Defendant was arrested for selling spirits
without the required oath
or bond and released, pending trial,
on a two hundred and fifty dollar
bond posted by Prelman JONES and R.
L. ALCOM.
State of TN vs. Ridley ROBERTS} Assault
and Battery
Defendant entered a plea of not guilty.
Jury found defendant guilty
as charged. Defendant was fined
twenty dollars and costs.
State of TN Smith Co.
vs.
George HALEY} Robbery
Erastus HAYNIE}
Grand Jury entered an indictment
against the defendants, in words and
figures, to wit: That George
HALEY and Erastus HAYNIE on the 1st day of
Jan 1870, in County and State
aforesaid, in and upon one John MURPHY, a
free man of color, feloniously,
did make an assault, and him, the said
John MURPHY, in bodily fear and
danger of his life, then and there, did
put one Enfield rifle of the value
of fifteen dollars, and one rifle of
the value of fifteen dollars,
and one gun of the value of fifteen
dollars, and one musket of the
value of fifteen dollars, and one pistol
of the value of fifteen dollars,
and one repeater of the value of
fifteen dollars, and one Navy
pistol of the value of fifteen dollars, of
the goods and chattels of the
said John MURPHY, then and there, from the
person and against the will of
the said John MURPHY, then and there,
feloniously and violently, did
steal, take, and carry away against the
peace and dignity of the State.
/s/ Jno. B. ROBINSON, Atty. Gen'l., 6th Cir.
8 Apr 1870
State of Tn vs. Henry STEWARD}
State of TN vs. Jerry STEWARD}
Larceny
State of TN vs. Willie Ann STEWARD}
Defendants were arrested for larceny.
Each defendant was released,
pending trial, on a five hundred
dollar bond posted by N. E. SMITH and
J. L. DILLARD.
C. C. WHITE vs. William ROBERTS}
Debt
The jury says upon their oath
that there is due from the defendant,
William ROBERTS, to the plaintiff,
C. C. WHITE, the sum of twenty three
dollars and forty one cents, and
that there is due from the plaintiff,
C. C. WHITE to the defendant,
William ROBERTS, the sum of twenty seven
dollars and eighty seven cents.
It is therefore ordered by the court
the twenty three dollars and forty
one cents of the amount so found for
the defendant be set off against
the plaintiff's debt and the defendant
recover of the plaintiff four
dollars and forty six cents excess of his
setoff as aforesaid and also the
costs of this suit.
State of TN vs. James E. McKINNEY}
Gaming
Defendant was arrested for
gaming. The Attorney General entered a
writ of nolle prosequi on
condition that the defendant pay the costs of
this suit.
State of TN vs. Q. C. SANDERS}
State of TN vs. G. W. MASSEY}
Gaming
State of TN vs. Andrew PETTY}
State of TN vs. B. B. UHLES}
State of TN vs. J. H. SMITH}
State of TN vs. E. T NORRIS
State of TN vs. Charles SWOPE}
State of TN vs. L. J. CARDWELL}
Grand Jury entered indictments
against the defendants for gaming.
Court ordered that a capias
be issued for each defendant.
State of TN vs. William CARDWELL}
Gaming
State of TN vs. B. S. CARDWELL}
Grand Jury entered indictments
against the defendants for gaming.
Court ordered that a capias
be issued for each defendant.
State of TN vs. Asa BRINLEY}
Selling Spirits Without the
State of TN vs. Jack WHITE}
Required Oath or Bond
Grand Jury entered indictments
against the defendants for selling
spirits without the required
oath or bond. Court ordered that a capias
be issued for each defendant.
State of TN vs. R. H. TIMBERLAKE}
Disturbing Public
State of TN vs. James ALEXANDER}
Worship
Each defendant entered a
plea of guilty. R. H. TIMBERLAKE was fined
five dollars and costs and
was released on a bond for five dollars and
costs posted by B. J. VADEN.
James ALEXANDER was fined twenty dollars
and costs and was released
on a bond for twenty dollars and costs posted
by Dr. James ALEXANDER.
State of TN vs. Malissa STEWARD}
Larceny
Defendant was arrested for
larceny and released, pending trial, on a
five hundred dollar bond
posted by Henry STEWARD.
State of TN vs. Henry BREWINGTON}
Robbery
Defendant was arrested for robbery
and released, pending trial, on a
one thousand dollar bond posted
by Jackson HERRING and Wiseman
HERRINGTON.
State of TN vs. William WILLIAMS}
Disturbing Public Worship
Grand Jury entered an indicted
against the defendant for disturbing
public worship. A capias
was issued and returned by the Sheriff with
the notation "not found".
Court then ordered the cause to be stricken
from the docket.
State of TN vs. Ward BALLOW}
Going Armed
Grand Jury entered an indictment
against the defendant for going
armed. A capias was issued
and returned by the Sheriff with the
notation "not found". Court
then ordered the cause to be stricken from
the docket.
State of TN vs. J. H. SMITH}
Gaming
Defendant was arrested for gaming
and entered a plea of guilty and
was fined five dollars and costs.
After the defendant rendered a
schedule of all of his property
it was considered by the court that the
State of TN recover of the defendant
the fine and costs aforesaid for
which execution may issue.
State of TN vs. L. T. CARDWELL}
Gaming
Defendant was arrested and
entered a plea of guilty and was fined
five dollars and costs.
Defendant was released on a bond of five
dollars and costs posted
by William CARDWELL.
Kizzie GIBBS}
vs.
Divorce
Frederick GIBBS}
It appearing to the
satisfaction of the Court that the residence of
the defendant is unknown
to the complainant, or that he is a
non-resident of the
State of Tennessee, and that publication had been
made in the "Republican
Banner", a newspaper published in the City of
Nashville, Tennessee
for four consecutive weeks commanding the
defendant, Frederick
GIBBS to appear at the court house in the town of
Carthage, Smith County,
Tennessee on the 25th day of July 1870 and make
defense to complainant's
petition. It further appeared to the Court
that no defense has
been made. It appeared to the satisfaction of the
Court that said defendant,
Frederick GIBBS has been guilty of such cruel
and inhuman treatment
toward complainant, Kizzie GIBBS as renders it
unsafe and improper
for her to cohabit with him and be under his
control; that said
defendant has been guilty of habitual drunkenness for
some time prior to
his abandoning the complainant; that he has abandoned
her and left her without
any house and refuses and neglects to provide
for her. Ordered
by the Court that the bonds of matrimony between the
complainant, Kizzie
GIBBS and defendant, Frederick GIBBS be dissolved
and that the petitioner
be restored to all the rights and privileges of
a single woman and
that her name be changed from Kizzie GIBBS to her
maiden name Kizzie
BRIEN. It is further ordered that the defendant,
Frederick GIBBS pay
all costs of this cause.
State of TN vs. Daniel ADCOCK}
Larceny - Horse Theft
State of TN vs. Nelson ADCOCK}
Grand Jury entered indictments
against the defendants, to wit: "That
Daniel ADCOCK and Nelson
ADCOCK on the 1st day of June 1867, in the
County and State aforesaid,
one mare of the value of one hundred and
fifty dollars of the goods
and chattels of one Thomas MAXEY, then and
there in his possession
being found, feloniously, did steal, take, and
carry away against the peace
and dignity of the State.
State of TN vs. Charles SWOPE}
Gaming
Defendant was arrested
and entered a plea of guilty and was fined
five dollars and costs.
Defendant was released on a bond of five
dollars and costs
posted by A. A. SWOPE.
State of TN vs. Melisa STUART}
Larceny
State of TN vs. Willie Ann STEWART}
Defendants were arrested
for larceny and entered a plea of not
guilty, however, a jury
found the defendants to be guilty as charged.
Court sentenced the defendants
to a period of one hour in the County
Jail, that they be rendered
infamous and disqualified to give evidence,
or exercise the elective
franchise, or hold any office in this state,
and that they pay the costs
of this suit.
State of TN vs. Jerry Steward}
Larceny
Defendant was arrested for
larceny and released, pending trial, on a
five hundred dollar bond
posted by O. B. ANDERSON.
State of TN vs. J. H. SMITH}
Gaming
Defendant was arrested for
gaming and entered a plea of guilty and
was fined five dollars and
court costs. Defendant then made oath and
rendered a schedule of all
of his property. It appearing to the court
that the defendant has no
effects or property liable to execution the
defendant was discharged
from custody.
State of TN vs. Q. C. SANDERS}
Gaming
Defendant was arrested for
gaming and entered a plea of guilty and
was fined five dollars and
court costs. Defendant then made oath and
rendered a schedule of all
of his property. It appearing to the court
that the defendant has no
effects or property liable to execution the
defendant was discharged
from custody.
State of TN vs. G. W. MASSEY}
Gaming
Defendant was arrested for
gaming and entered a plea of guilty and
was fined five dollars and
court costs. Defendant them made oath and
rendered a schedule of all
of his property. It appearing to the court
that the defendant has no
effects or property liable to execution the
defendant was discharged
from custody.
State of TN vs. James B. GRISSOM}
Assault and Battery
Grand Jury entered and indictment
against the defendant for assault
and battery. Court
ordered that a capias be issued.
State of TN vs. Asa BRINLEY} Manufacturing
Spirits Without the
Required Oath or Bond
Defendant was arrested for
manufacturing spirits without the required
oath or bond and entered
a plea of not guilty. Jury found the defendant
guilty as charged and he
was fined five dollars and court costs.
Defendant then made oath
and rendered a schedule of all of his
property. It appearing
to the court that the defendant has no effects
or property liable to execution
defendant was discharged from custody.
State of TN vs. B. S. CARDWELL}
Gaming
Defendant was arrested for
gaming and entered a plea of guilty and
was fined five dollars and
court costs. Defendant then made oath and
rendered a schedule of all
of his property. It appearing to the court
that the defendant has no
effects or property liable to execution
defendant was discharged
from custody.
State of TN vs. Sam McKINNEY}
Going Armed
Grand Jury entered an indictment
against the defendant for going
armed. Court ordered
that a capias be issued.
State of TN vs. Henry BREWINGTON}
Robbery
Defendant was arrested on
a charge of robbery. On motion and
affidavit of the defendant
it was ordered by the court that defendant
have ten days to take depositions
of the following witnesses to give
evidence in his behalf:
Mary ROBERTS, Elizabeth LEE, William MARCUM,
Jessee McGUFFY, Mary
ROBERTS, JR., Marion ROBERTS, and Mrs. MADDOX,
wife of
(blank) MADDOX.
It is further ordered by
the court, upon motion and affidavit of the
defendant, Henry BREWINGTON,
that an attachment issue for witness
William MARCUM and that
he be held in custody until the trial of this
cause unless he enter into
bond with good security in the sum of two
hundred and fifty dollars,
conditionally, that he make his appearance
before the judge of this
court and give evidence on behalf of defendant,
Henry BREWINGTON.
State of TN vs. Samuel DENNY}
Assault and Battery
Grand Jury entered an indictment
against defendant for assault and
battery. Court ordered
that a capias be issued.
Levicy DODGE
vs.
Divorce
Robert A. DODGE
It appearing to the
satisfaction of the court that the residence of
the defendant is unknown
to the complainant, or that he is a
non-resident of the
State of Tennessee, and that publication had been
made in the "Republican
Banner", a newspaper published in the City of
Nashville, Tennessee
for four consecutive weeks, commanding the
defendant to appear
at the courthouse in the town of Carthage, Smith
County, Tennessee
and make defense to the complainant's petition. It
further appeared to
the satisfaction of the court that Robert A. DODGE
abandoned the complainant,
Levicy DODGE, without leaving her any
permanent home of
her own, and refused and neglected, and still refuses
and neglects, to provide
for her and her two infant children. The
Honorable Court is
pleased to order, adjudge, and decree that the bonds
of matrimony be dissolved,
(illegible) all rights and privileges of a
single woman and that
she change to her maiden name of HALEY, and that
she be permitted to
retain custody of her two infant children, Mary
Elizabeth DODGE and
George DODGE. It is further decreed that the
defendant pay the
costs of this proceeding.
State of TN vs. Jesse EVINS}
Going Armed
Grand Jury entered an indictment
against the defendant for going
armed. Court ordered
that a capias be issued.
State of TN vs. Dock MATHIS}
Gaming
Defendant was arrested for
gaming, entered a plea of guilty, and was
fined five dollars and court
costs. Defendant then rendered a schedule
of his effects, on oath,
and moved the court to discharge him from
custody. It appearing
to the court that defendant had no effects or
property liable to execution,
the court ordered that this cause be
dismissed.
State of TN vs. George WINFREY}
Going Armed
Grand Jury entered an indictment
against the defendant for going
armed. Court ordered
that a capias be issued.
State of TN vs. Henry STEWARD}
Larceny
Defendant was arrested for
larceny and released, pending trial, on a
five hundred dollar bond
posted by James W. DRAPER and O. B. ANDERSON.
State of TN vs. Andrew GLASGOW}
Riot
Defendant was arrested for
riot. The Attorney General entered a writ
of nolle prosequi on condition
that defendant pay the costs of this suit.
State of TN vs. G. W. APPLE}
Going Armed
Grand Jury entered an indictment
against defendant for going armed.
Court ordered that a capias
be issued.
E. H. KNIGHT, Trustee of Smith County, Tenn.}
vs.
Joseph A. PENDARVIS, former Trustee of said
Count}
and M. A. DICKENS, Ira W. KING, James B. TERRY,
T.
BALLENGER, E. UPTON, Joseph C. DICKENS, John
W. HALL,
and Henry D. PIPER, securities for said Trustee
Came the plaintiff and read
to the Court the following notice: "Mr.
Joseph A. PENDARVIS, former
Trustee of Smith County, Tennessee. Sir, I
will move for judgment against
you and your securities as Trustee
aforesaid for the amount
of revenue, trust fund, and common school fund
due and payable from you,
the said Joseph A. PENDARVIS, to the County of
Smith as said Trustee, and
because of your failure to pay over said
revenue, trust fund, and
common school fund, as the law directs, which
came to your hands as Trustee
of said County of Smith, for the use and
benefit of said County of
Smith, for the years 1868, 1869 and 1870, and
which was due and payable
by you as such Trustee to the Treasury of
Smith County, or to E. H.
KNIGHT, Trustee of Smith County, Tennessee,
and your successor in office
August 8th, 1870".
/s/ B. J. VADEN,
Chairman, Smith County Court of Tennessee
/s/ E. H. KNIGHT,
Trustee of Smith County, Tennessee
/s/ Jno. B.
ROBINSON, Atty. Gen'l., 6th Circuit
The plaintiff, by his attorney,
moved the Court for judgment against
the former Trustee, Joseph
A. PENDARVIS, and his securities, for the sum
of five hundred dollars
and forty four cents alleged to be in the hands
of the former Trustee and
due the County of Smith, other than the school
fund, which said Trustee
has failed and refused to pay over to the
plaintiff, his successor
in office, as by law he is bound to do.
Plaintiff moved for said
sum with interest damages and costs. Plaintiff
further moved the Court
for judgment against the said Trustee and his
securities for the further
sum of nine hundred and seventy two, alleged
to have been duly and legally
received by said Trustee during his term
of office and which he has
failed and refused to turn over to his
successor in office. It
was further moved for interest damages and costs
on the aforesaid school
fund which plaintiff alleged to have been
illegally and wrongfully
withheld by the said Joseph A. PENDARVIS. The
defendants, by their attorneys,
appeared and objected to the charges on
the grounds of insufficient
notice but the objection was overruled.
State of TN vs. Robert ALLISON}
Going Armed
Grand Jury entered an indictment
against the defendant for going
armed. Court ordered
that a capias be issued.
State of TN vs. James K. LITCHFORD}
Assault with Intent To Kill
Grand Jury entered an indictment
against the defendant, to wit: That
on the 1st day of November
1870, County and State aforesaid, the
defendant, James K. LITCHFORD,
did make an assault upon the body of one
G. W. McGEE with divers
rocks in his hands and unlawfully, deliberately,
maliciously, premeditatedly,
feloniously, and of his malice
aforethought, did beat,
bruise, wound and ill treat, and other wrongs
and injuries to the great
damage of G. W. McGEE, did attempt to murder
in the first degree, contrary
to, and against the peace and dignity of
the State.
/s/ George MORGAN, Atty. Gen'l., 6th Cir.
Prosecution: G. W. McGEE
Witnesses for the State:
Dr. Armistad FLIPPEN; Mistress CUNNINGHAM;
Sarah Ann LITCHFORD;
and George MORGAN.
E. A. GARDNER and C. H. GARDNER, Partners trading
under the style of
GARDNER & Co.
vs.
Thomas GOODALL, Assignee in the Bankruptcy
of O. P. CATSON, and
Hickerson BARKSDALE, Assignee of J. BOND,
Partners in the style of J.
BOND & CO.
Jury finds issues
in favor of plaintiffs and defendants, Thomas
GOODALL and Hickerson
BARKSDALE, as assignees aqforesaid, are indebted
to plaintiffs I the
amount of one hundred and sisty two dollars and
thirteen cents principal,
and forty two dollars and ninety three cents
interest on the account
sued on. Ordered by the Court that plaintiffs
recover of the defendants
two hundred and four dollars and six cents and
also costs of this
suit, to be paid out of any (illegible) remaining in
the hands of said
assignees.
Catherine EATON}
vs.
Slander
John JONES}
Catherine EATON filed suit
against John JONES for slander.
H. B. McDONALD, President of the Board of Trustee
of the Geneva Academy}
vs.
Debt
William ROBINSON and L. H. CARDWELL}
Defendants were solemnly
called to come into court and defend this
suit but failed to do so.
It is therefore adjudged by the court that
the plaintiff recover of
the defendants twenty two dollars and eighty
two cents the amount of
the debt and costs of this suit.
State of TN vs. Robert ALLISON}
Going Armed
Defendant was arrested for
going armed. The Attorney General entered
a writ of nolle prosequi
on condition that defendant pay the court costs.
WOODS YEATMAN & CO.}
vs.
Debt
Vincent THOMPSON and David SANDERS}
Jury found in favor
of plaintiff the amount of the debt of two
hundred dollars.
Court ordered that plaintiff recover of the defendants
the said amount of
two hundred dollars and court costs.
John P. YELTON}
vs.
Debts
J. S. P. JACKSON}
Court found in favor of
the plaintiff for the amount of the first
debt of three hundred dollars
principal and eighteen dollars and ten
cents interest and a second
debt of two hundred and fifty dollars
principal and fifteen dollars
and eighty cents interest plus court costs
of the suit. Court
ordered the Sheriff to seize sufficient personal
property of the defendant
to offset the amount of the two debts, plus
interest on the two debts
plus court costs. The Sheriff reported that
no personal property belonging
to the defendant was found in Smith Co.
The Court then ordered that
a lot known as the Moses ALLISON lot in the
town of New Middleton belonging
to the defendant be sold to offset the
debts, interest, and court costs.
State of TN vs. Dixon BEAL}
Going Armed
Defendant was arrested for
going armed and released, pending trial,
on a two hundred and fifty
bond posted by Calvin BEASLEY.
State of TN vs. Sanford GREGORY}
Carrying a Pistol
Grand Jury entered an indictment
against the defendant for carrying a
pistol. Court ordered
that a capias be issued.
State of TN vs. Sanford GREGORY}
Malicious Mischief
Grand Jury entered an indictment
against the defendant for malicious
mischief. Court ordered
that a capias be issued.
State of TN vs. M. B. WOOLARD}
State of TN vs. Henry WOOLARD}
Assault to Kill
State of TN vs. Joseph WOOLARD}
While Disguised
State of TN vs. Daniel CORNEY}
Grand Jury entered indictments
against the defendants for assault to
kill while defendants were
disguised, to wit: That M. B. WOOLARD;
Henry WOOLARD; Joseph
WOOLARD; and Daniel CORNEY on the 1st day of
November 1870, in the County
and State aforesaid, were unlawfully
disguised, and while so
disguised, did unlawfully and feloniously enter
upon the premises of one
James ALLISON with intent, then and there, to
commit a felony. Grand
Jury further presents that M. B. WOOLARD; Henry
WOOLARD; Joseph WOOLARD;
and Daniel CORNEY, on the 1st day of November
1870, did unlawfully travel
through this State in disguise, and while so
travelling in disguise,
did make an assault upon the body of one Robert
ALLISON with deadly weapons,
to wit, with pistols, with intent, then and
there, the said Robert ALLISON,
unlawfully, feloniously, willfully,
maliciously, deliberately,
premeditatedly, and of their malice
aforethought, to kill and
murder in the first degree, contrary to the
form of the statutes is
such cases made and provided and against the
peace and dignity of the
State.
State of TN vs. Samuel DENNEY}
Assault and Battery
Defendant was arrested for
assault and battery. The Attorney General
entered a writ of nolle
prosequi on the condition that defendant pay all
court costs.
State of TN vs. David ADCOCK}
Larceny
State of TN vs. Nelson ADCOCK}
Defendants were arrested
for larceny and released, pending trial, and
each defendant was released
on a five hundred dollar bond posted by
James FILSON, W. H. GIFFORD,
and J. H. NICKSON.
State of Tennessee
County of Smith
vs.
James BOLTON} Assault
to Commit Rape
Grand Jury presents that
James BOLTON, on the 1st day of September
1870, in County and State
aforesaid, in and upon one Fannie NOLEN, in
the peace of GOD and of
our said State, then and there being, did make
an assault on her, the said
Fannie NOLEN, did then and there, beat,
wound, and ill treat with
intent, her, the said Fannie NOLEN, violently,
forcibly, and against her
will, feloniously, to ravish and carnally know
her, and other wrongs and
injuries to the said Fannie NOLEN, then and
there, did to the great
damage of the said Fannie NOLEN, to the evil
example of all others in
like cases offending and against the peace and
dignity of the State.
/s/ George H. MORGAN, Atty. Gen'l., 5th Circuit
Prosecutor: W. L. NOLEN
Witnesses for the State:
W. L. NOLEN; Fannie NOLEN; and Alexander
NOLEN.
State of TN vs. William LONG}
Riot
Defendant failed to appear
when solemnly called for trial on a charge
of riot. Court ordered
a forfeiture of bond in the amount of two
hundred and fifty dollars
and that a capias be issued.
State of TN vs. A. C. JOHNS}
Forfeiture of Bond
The defendant, a security
bondsman for William LONG, when solemnly
called upon, failed to appear
in court with William LONG. Court ordered
that defendant forfeit a
security bond of two hundred and fifty dollars.
1 Dec 1870
State of TN vs. William GARRETT}
Carrying a Pistol
Grand Jury entered an indictment
against the defendant for carrying a
pistol. Court ordered
that a capias be issued.
State of TN vs. Henry BREWINGTON}
Robbery
Defendant was arrested for
robbery. The Attorney General entered a
writ of nolle prosequi on
condition that defendant pay court costs. A
bond for court costs was
posted by Wiseman HERRING.
State of TN vs. James ALLISON}
State of TN vs. Thomas CAMPBELL}
Carrying a Pistol
State of TN vs. John SIMMS}
Grand Jury entered an indictment
against each defendant for carrying
a pistol. Court ordered
that a capias be issued for each defendant.
State of TN vs. John L. RITTENBERRY}
Gaming
Grand Jury entered an indictment
against the defendant for gaming.
Court ordered that a capias
be issued.
State of TN vs. William SEAY}
Disturbing Public Worship
Grand Jury entered an indictment
against the defendant for disturbing
public worship. Court
ordered that a capias be issued.
State of TN vs. William HUNT}
Assault and Battery
Grand Jury entered an indictment
against the defendant for assault
and battery. Court
ordered that a capias be issued.
Martha J. ALLISON}
vs.
Divorce
Lewis ALLISON}
Martha J. ALLISON filed
for divorce and it was ordered by the court
that the defendant, Lewis
ALLISON, be given until the first Monday in
March 1871 to file an answer.
It was further ordered by the court that
defendant be enjoined from
collecting, or dispersing, of any notes or
claims due for rents of
the lands for the year of 1871, and that he also
be enjoined from going upon,
to, or near, the house of Harris B.
BALLENGER where the complainant
now resides, or, in any manner
whatsoever, of interfering
with the complainant there or elsewhere.
Complainant shall execute
an Injunction Bond in the sum of five hundred
dollars conditioned as the
law directs. It is further ordered and
decreed by the Court that
the Sheriff of Smith County take from the
possession of the defendant
and deliver the same into the possession of
the claimant, namely:
one bureau, one chest, one spinning wheel, one
bed, bedstead and clothing,
three sleighs, and four chairs which
complainant owned before
her intermarriage with defendant.. The bed,
bedstead and clothing have
in part been made up since said
intermarriage. Complainant
shall execute a bond with good security in
the sum of two hundred dollars
to have said property forthcoming to
abide the final decree in
this cause. It is further ordered by the
Court that the Sheriff shall
deliver to the complainant two hundred and
fifty pounds of pork to
be furnished him by the defendant within one
month of this date, or in
lieu thereof, pay to the clerk of this court
twenty five dollars within
said time. Defendant shall further pay to
the clerk of this court
within said period of one month the sum of fifty
dollars as temporary alimony
to aid complainant in her support, and also
the additional sum of fifty
dollars in (illegible) of W. W. WARD, Esq.,
solicitor of complainant
in the prosecution of this suit.
State of TN vs. William GARRETT}
Disturbing Public
State of TN vs. Robert BROWN}
Worship
Grand Jury entered an indictment
against each defendant for
disturbing public worship.
Court ordered that a capias be issued for
each defendant.
State of TN vs. Herschel B. WILSON}
Assault and Battery
Grand Jury entered
an indictment against defendant for assault and
battery. Court
ordered that a capias be issued.
State of TN vs. William HUNT}
Drunkenness
Grand Jury entered an indictment
against the defendant for
drunkenness. Court
ordered that a capias be issued.
State of Tn vs. John Vanderpool}
Betting on an Election
Grand Jury entered an indictment
against the defendant for betting on
an election. Court
ordered that a capias be issued.
State of TN vs. William J. LITCHFORD}
Carrying a Pistol
State of TN vs. H. M. STONE}
Grand Jury entered an indictment
against each defendant for carrying
a pistol. Court ordered
that a capias be issued for each defendant.
Judith ANDERSON}
vs.
Bill for Divorce
William ANDERSON}
On the application of the
complainant, and for satisfactory reasons
appearing to the Court,
it is ordered by the Court that the complainant
have custody of all of her
children unless otherwise ordered by the
Court; and the defendant
is enjoined from interfering with them, or the
complainant, pending this
suit, except that the defendant shall be
allowed, if he desires,
to visit, and to see his children once a month
in company with the Sheriff
of Smith County, who will accompany him on
said visit at such times,
not more than once a month, as may be
compatible with his official
duties. It is further ordered that the
said Sheriff, as early as
practicable, proceed to deliver to complainant
for the temporary use of
herself and children, the cow and calf of the
defendant's, and also, the
said Sheriff deliver to complainant such of
the wearing apparel of herself
and children as yet may be in the
possession of the defendant;
and that the said Sheriff also make an
equal division, in his best
judgment and discretion, of the beds and
bedclothes of the defendant,
between the complainant and the defendant,
and to deliver to the complainant
one half thereof for the temporary use
of herself and children.
It is further ordered that the Clerk of this
Court, as commissioner,
proceed at such times as he may deem proper, to
sell the tobacco attached
in this suit, privately or publicly, in his
discretion, for the best
price in cash that he can obtain. He is
authorized in his judgment
and discretion to employ such person, or
persons, as he may select
to strip and prise said tobacco, or otherwise
prepare it for sale, or
to sell the same in its present condition, as he
may think best.
State of TN vs. Dank GOAD}
Assault to Kill While
State of TN vs. James JENKINS}
in Disguise
Grand Jury entered an indictment
against each defendant for assault
to kill while in disguise.
Court ordered that a capias be issued for
each defendant.
State of TN vs. Jordan BANKS}
Lewdness
State of TN vs. Fanny BRADLEY}
Grand Jury entered an indictment
against each defendant for
lewdness. Court ordered
that a capias be issued for each defendant.
State of TN vs. Pheraby BROWN}
Disturbing Public
State of TN vs. William THOMAS}
Worship
Grand Jury entered an indictment
against each defendant for
disturbing public worship.
Court ordered that capias be issued for
each defendant.
State of TN vs. Edward UPTON}
Lewdness
State of TN vs, Harriet WILLIAMS}
Grand Jury entered an indictment
against each defendant for
lewdness. Court ordered
that a capias be issued for each defendant.
State of TN vs. Sanford GREGORY}
Malicious Mischief
Defendant was arrested for
malicious mischief and remanded to jail.
Court ordered that defendant
be admitted to give bail in the sum of one
hundred and twenty five
dollars.
State of TN vs. Henry WARD}
Malicious Shooting
Defendant was arrested for
malicious shooting and released, pending
trial, on a two thousand
dollar bond posted by John W. HEAD; James B.
WARD; and William
C. DENNEY.
B. J. VADEN, Administrator for Robert BEASLEY,
deceased
vs.
Joseph M. HIGH}
Mathew JOHNSON} Debt
Lewis FRANKLIN}
On, or about, the 1st day
of November 1860, Robert BEASLEY filed a
suit against the defendants
for payment of a note that was due in the
sum of three hundred and
fifty one dollars and thirty one cents plus the
costs of the suit.
Court found in favor of the plaintiff, however, the
debt was not repaid. On
the
22nd day of March 1871, B. J. VADEN,
administrator for Robert
BEASLEY, deceased, obtained a court order to
force payment of the debt
which now amounts to three hundred and ninety
dollars and seventy five
cents, including interest and court costs. On
motion of the plaintiff
the court then ordered J. W. HIGH, Deputy
Sheriff of Smith County,
to seize a one hundred and fifty five acre
homestead owned by Lewis
FRANKLIN and sell it to the highest bidder to
satisfy the debt.
State of TN vs. Sanford GREGORY}
Malicious Mischief
State of TN vs. Sanford GREGORY}
Carrying a Pistol
Defendant was brought to
trial on charges of malicious mischief and
carrying a pistol.
On both counts the jury found the defendant not
guilty by reason of an unsound
mind.
W. S. HALEY}
vs.
Damages
Peter HACKET
Complainant filed suit against
the defendant for compensation for
damages for the value of
a mule which defendant received of the
plaintiff upon an agreement
to work and treat said mule in a reasonable
and proper manner but which
he failed to do, and so negligently and
improperly used and treated
said mule that it died. Complainant also
moved for damages for the
wrongful conversion of a mule, the property of
the plaintiff, by the defendant
whereby it was lost to the plaintiff.
State of TN vs. James ALLISON}
Carrying a Pistol
Defendant was arrested
for carrying a pistol. The Attorney General
entered a writ of
nolle prosequi on condition that defendant pay court
costs. Defendant
was released on a bond for court costs posted by
William ROLLINGS.
State of TN vs. L. A. ROLLINGS}
Carrying a Pistol
Grand Jury entered an indictment
against the defendant for carrying a
pistol. Court ordered
that a capias be issued.
State of TN vs. William GARRETT}
Carrying Arms
Defendant was arrested for
carrying arms. The Attorney General
entered a writ of nolle
prosequi on condition that defendant pay the
court costs. Defendant
was released on a bond for court costs posted by
Samuel GARRETT.
State of TN vs. John SIMMS}
Carrying a Pistol
Defendant was arrested for
carrying a pistol. The Attorney General
entered a writ of nolle
prosequi on condition that defendant pay court
costs. Defendant was
released on a bond for court costs posted by J. C.
APPLE; J. G. WYATT;
and N. E. SMITH.
State of TN vs. John UHLES}
Carrying a Pistol
Grand Jury entered an indictment
against the defendant for carrying a
pistol. Court ordered
that a capias be issued.
B. J. VADEN}, Executor for John B. HUGHES,
deceased
vs.
Lewis FRANKLIN}
Debt
Plaintiff filed suit for
a note due in the sum of four hundred and
fifty one dollars and thirty
six cents plus costs. Court ordered that
the Sheriff of Smith County
seize a one hundred and fifty five acre
homestead owned by Lewis
FRANKLIN and sell it to satisfy said debt.
State of TN vs. T. B. LITTLE}
Riot
Defendant was arrested for
inciting a riot. The Attorney General
entered a writ of nolle
prosequi on condition tha defendant pay court
costs.
State of TN vs. Thomas CAMPBELL}
Carrying a Pistol
Defendant was arrested for
carrying a pistol. The Attorney General
entered a writ of nolle
prosequi on condition that defendant pay court
costs. Defendant was
released on a bond for court costs posted by L. B.
CHEEK and L. A. SQUIRES.
State of Tn vs. Walter WILLIAMS}
Assault With Intent To Kill
Grand Jury upon their oaths
present that Walter WILLAMS on the 25th
day of March 1871, in the
County and State aforesaid, did feloniously,
willfully, and of his malice
aforethought assault one Richard JONES
(colored), and then and
there, did shoot two, several, shots at the said
Richard JONES (colored)
with a gun with the intent, the said Richard
JONES (colored), to kill
and murder against the peace and dignity of the
State.
/s/ J. S. McMURRY, Atty. Gen'l., Pro Tem
State of TN vs. E. T. MORRIS}
Carrying a Pistol
Grand Jury entered an indictment
against the defendant for carrying a
pistol. Court ordered
that a capias be issued.
State of TN vs. J. H. SMITH}
Carrying a Pistol
Grand Jury entered an indictment
against the defendant for carrying a
pistol. Court ordered
that a capias be issued.
State of TN vs. William SEAY}
Disturbing Public Worship
Defendant was arrested and
released, pending trial, on a five hundred
dollar bond posted by E.
H. KNIGHT and Daniel SEAY.
State of TN vs. Daniel ADCOCK}
Larceny
State of TN vs. Nelson ADCOCK}
Defendants were arrested
for larceny. The Attorney General entered a
writ of nolle prosequi on
condition that each defendant pay the court
costs for his own suit.
State of TN vs. John VANDERPOOL}
Betting on an Election
Defendant was arrested for
betting on an election and entered a plea
of guilty. Jury found
defendant guilty in manner and form as charged.
State of TN vs. Robert BROWN}
Disturbing Public Worship
Defendant was arrested for
disturbing public worship and entered a
plea of not guilty made.
Jury was impaneled to try defendant.
State of TN vs. Isaac GIBBS}
Gaming
State of TN vs. John UHLES}
Grand Jury entered indictments
against the defendants for gaming.
Court ordered that a capias
be issued for each defendant.
State of TN vs. Eli HARRISON}
Gaming
State of TN vs. Samuel Johnson}
State of TN vs. Andy HARRIS}
Grand Jury entered indictments
against the defendants for gaming.
Court ordered that a capias
be issued for each defendant.
State of TN vs. William LONG}
State of TN vs. F. F. HUNT}
Riot
State of TN vs. Charles SWOPE}
Defendants were arrested
for riot. The Attorney General entered a
writ of nolle prosequi on
the condition that defendants pay the costs of
their suits. William
LONG paid the costs of his suit and was released
from custody. F. F.
HUNT was released on a bond for costs posted by W.
H. DeWITT. Charles
SWOPE was released on a bond for costs of his suit
posted by A. A. SWOPE.
State of TN vs. William BALLARD}
Selling Liquor Without
State of TN vs. Andrew MASSEY}
the Required Oath or Bond
Grand Jury entered indictments
against the defendants for selling
liquor with the required
oath or bond. Court ordered that a capias be
issued for each defendant.
State of TN vs. George J. CLEMENTS}
Lewdness
State of TN vs. Martha SCOTT}
Grand Jury entered indictments
against the defendants for lewdness.
Court ordered that a capias
be issued for each defendant.
State of TN vs. David P. HANKINS}
Gaming
Grand Jury entered an indictment
against the defendant for gaming.
Court ordered that a capias
be issued.
State of TN vs. Martha Jane MULLINS}
Assault and Battery
Grand Jury entered an indictment
against the defendant for assault and
battery. Court ordered
that a capias be issued.
State of TN vs. William GARRETT}
Disturbing Public
State of TN vs. Robert BROWN}
Worship
Defendants were arrested
for disturbing public worship. The Attorney
General entered a writ of
nolle prosequi on condition that defendants
pay the costs of their suits.
William GARRETT was released on a bond
for costs posted by Benjamin
GARRETT. Robert BROWN was released on a
bond for costs posted by
Samuel GARRETT.
State of TN vs. David McCALL}
Carrying a Pistol
Grand Jury entered an indictment
against defendant for carrying a
pistol. Court ordered
that a capias be issued.
State of TN vs. Edward UPTON}
Lewdness
State of TN vs. Harriet WILLIAMS}
Defendants were arrested
and each entered a plea of not guilty. Jury
was impaneled to try defendants.
State of TN vs. Martha J. MULLINS}
Carrying a Pistol
Grand Jury entered an indictment
against the defendant for carrying a
pistol. Court ordered
that a capias be issued.
State of TN vs. E. T. MORRIS}
Carrying a Pistol
Grand Jury entered an indictment
against the defendant for carrying a
pistol. Court ordered
that a capias be issued.
State of TN vs. Beverly THOMAS}
Selling Liquor Without
the Required Oath or Bond
Grand Jury entered an indictment
against the defendant for selling
liquor with the required
oath or bond. Court ordered that a capias be
issued.
State of TN vs. Robert TRAWEEK}
Disturbing Public
State of TN vs. Benjamin TRAWEEK}
Worship
Defendants were arrested
for disturbing public worship. The Attorney
General entered a writ of
nolle prosequi on condition that each
defendant pay the costs
of his suit. Bond for the costs of suits for
each defendant was posted
C. M. TRAWEEK.
State of TN vs. Martha J. MULLINS}
Assault and Battery
Defendant was arrested for
assault and battery and released, pending
trial, on a two hundred
and fifty dollar bond posted by Thomas BALLENGER
and A. J. CLAXTON.
State of TN vs. Martha J. MULLINS}
Carrying a Pistol
Defendant was arrested for
carrying a pistol and released, pending
trial, on a five hundred
dollar bond posted by Thomas BALLENGER and A.
J. CLAXTON.
State of TN vs. William LITCHFORD}
Carrying a Pistol
Defendant was arrested for
carrying a pistol. The Attorney General
entered a writ of nolle
prosequi on condition pay the costs of his this
suit. Defendant was
released on a bond for court costs posted by C. M.
TRAWEEK.
State of TN vs. Herschel B. WILSON}
Assault and Battery
Defendant was arrested for
assault and battery and entered a plea of
not guilty. Jury found
his guilty as charged and he was fined two
dollars and court costs.
Defendant was released on a bond of two
dollars and court costs
posted
by James WILSON.
Henry KNIGHT
vs.
Final Decree
Levica KNIGHT
Be it remembered that
this cause came to be heard on this the first
day of April 1871
before the Hon. S. M. FITE, Judge & c. upon the Bill,
answer thereto, proof
& argument of counsel, when it satisfactorily
appeared to the Court
that complainant and defendant were married in
July 1865 in Smith
County, Tennessee and have resided here since that
time. It further
appears to the Court that since their marriage the
defendant has had
three children, to wit: Alonzo L., Lucy F., and John
Sidney. It further
appears to the Court that the charges of adultery in
complainant's Bill
are fully sustained by the proof, and that the
defendant, Levica
KNIGHT, has been guilty of adultery with Sidney
LANKFORD, as charged
in complainant's Bill. It further appears to the
Court that the defendant,
Levica KNIGHT, is not a proper person to have
the care and control
of her two oldest children, to wit: Alonzo L. and
Lucy F. KNIGHT and
that the complainant, Henry KNIGHT, is a suitable and
proper person to have
the raising, control and education of said
children. It
is therefore ordered, adjudged, and decreed by the Court
that the bonds of
matrimony subsisting between the complainant, Henry
KNIGHT, and Levica
KNIGHT, be dissolved. It is further ordered by the
Court that the complainant
have the possession, care, and control free
from the interference
of defendant of the two oldest children, to wit:
Alonzo L. & Lucy
F. KNIGHT and the defendant, Levica KNIGHT, is
perpetually enjoined
from interfering with either of them. The care,
possession, and control
of the youngest child is given to the defendant,
but it appearing proper
to the Court that it would be proper and right
that defendant shall
have permission to see her said children. It is
therefore ordered
by the Court that defendant, Levica KNIGHT, be
permitted as often
as once per month to see her said children, either
when complainant may
live with them or when he may have them, but in no
case is she to be
permitted to carry her said children out of the
possession of the
complainant. This cause is retained in Court for the
enforcement of the
order of this decree. It is further ordered by the
Court that the defendant,
Levica KNIGHT, be permitted to retain the
property left in her
possession by the complainant and that he have the
property that he retained.
It is further ordered , adjudged, and
decreed by the Court
that the complainant pay all the costs of this suit
except the State tax,
the issuance of subpoenas, and service of the same
for the defendant's
witnesses, and that the defendant pay the balance of
the costs for both,
of which let execution issue.
State of TN vs. W. W. MASSEY}
Bastardy
Came the parties by their
attorneys and the plaintiff avers that the
defendant is the father
of the bastard child of T. E. DICKENS, a single
woman, of which she was
delivered in Smith County the 14th of April
1870, as alleged in her
affidavit, to which the defendant plead not
guilty, as averred in his
affidavit on file.
State of TN vs. Thomas C. SANDERS}
Forfeiture of Bond
It appeared to the Court
that John McCLARIN was a witness for the
State in the case of State
of TN vs. T. B. LITTLE who had been indicted
for riot, and that Thomas
C. SANDERS had posted a two hundred and fifty
dollar appearance bond for
John McCLARIN. A subpoena had been issued on
20 Jan 1870 and executed
by the Sheriff on 19 Mar 1870 commanding John
McCLARIN to appear in court
on 30 Mar 1870. John McCLARIN did not
appear in court when called
and the Court ordered that Thomas C. SANDERS
forfeit the appearance bond
of two hundred and fifty dollars.
State of TN vs. Matilda CRAIG}
Forfeiture of Bond
It appeared to the Court
that Matilda CRAIG was a witness for the
State in the case of State
of TN vs. T. B. LITTLE for riot. Matilda
CRAIG had posted an appearance
bond of two hundred and fifty dollars. A
subpoena had been issued
on 20 Jan 1870 and executed by the Sheriff on
19 Mar 1870 commanding Matilda
Craig to appear in court on 30 Mar 1870.
Matilda CRAIG did not appear
in court when called and the Court ordered
that Matilda CRAIG forfeit
the appearance bond of two hundred and fifty
dollars.
State of TN vs. John JONES}
Selling Liquor Without
State of TN vs. La Fayette PUCKET}
the Required Oath or Bond
Grand Jury entered indictments
against the defendants for selling
liquor without the required
oath or bond. Court ordered that a capias
be issued for each defendant.
State of TN vs. James ALLISON}
Grand Larceny
State of TN vs. Robert ALLISON}
Defendants were arrested
for grand larceny. Then came the Attorney
General, and also the defendants
by their attorney and moved the court
to discharge them, there
being no indictment or presentment against
them, and no one appearing
to prosecute them, and that the defendants
assume the costs.
Defendants were released on a bond for costs posted
by Lewis Allison.
State of TN vs. William THOMAS}
Disturbing Public Worship
William THOMAS was arrested
for disturbing public wworship. The
Attorney General entered
a writ of nolle prosequi on the condition the
defendant pay the costs
of this suit. Bond for the costs was posted by
J. T. THOMAS.
State of TN vs. William HUNT}
Drunkenness
Defendant was arrested for
drunkenness and released, pending trial,
on two hundred and fifty
dollar appearance bond posted by A. A. SWOPE.
State of TN vs. Charles BOWMAN}
Selling Liquor Without
the Required Oath or Bond
Grand Jury entered an indictment
against the defendant for selling
liquor without the required
oath of bond. Court ordered that a capias
be issued.
Catherine W. EATON
vs.
Slander
John JONES}
Plaintiff filed suit
against the defendant for slander.
State of TN vs. William CARDWELL}
Open and Notorious
State of TN vs. Barbara HUGHES}
Lewdness
Grand Jury entered indictments
against the defendants for open and
notorious lewdness.
Court ordered that a capias be issued for each
defendant.
Martha J. ALLISON}
vs.
Divorce
Lewis ALLISON}
Martha J. ALLISON
filed a suit for divorce against Lewis ALLISON.
State of TN vs. James ALLISON}
Larceny
State of TN vs. Robert ALLISON}
The account of Dr. C. C.
McDONALD for 4 visits, medicine, and
prescriptions, $9.00, which
account being examined and approved is
ordered by the Court to
be taxed in the Bill of Costs against the
defendant, James ALLISON.
State of TN vs. James ALLISON}
Larceny
State of TN vs. Robert ALLISON}
The following account of
L. B. CHEEK for going to Nashville after the
defendants, James ALLISON
and Robert ALLISON, and bringing them from
jail at Nashville to jail
at Carthage, 50 miles there and 50 miles back,
in all 100 miles at 10 cents
per mile . . . $10.00. For two guards
there and two guards back,
50 miles each way by each guard, making in
all 200 miles at 5 cents
per mile . . . $10.00. One other guard back,
50 miles at 5 cents per
mile . . . $2.50. Making in all, twenty two
dollars and fifty cents.
($22.50). Which account being examined by the
Attorney General and approved,
is ordered by the Court to be taxed in
the Bill of Costs.
State of TN vs. James ALLISON}
Larceny
State of TN vs. Robert Allison}
The account of William ARRINGTON,
Jailer, for boarding defendant,
James ALLISON, from
13 Jan 1871 to 21 Jan 1871, making 9 days at 60
cents per day, $5.40.
Two legal turnkeys, $1.00, in all $6.40. For
boarding defendant, Robert
ALLISON, from 3 Jan 1871 to 21 Jan 1871,
making 9 days at 60 cents
per day, $5.40. Two legal turnkeys, $1.00, in
all $6.40. Being seen
and approved by the Attorney General, it is
ordered by the Court to
be taxed in the Bill of Costs in this cause.
Eliza A. WILKERSON}
vs.
Divorce
George W. WILKERSON}
This cause came to be heard
on 4 April 1871 and it appearing to the
Court that on, or about,
14 May 1868 the complainant and defendant were
married in Smith County
and lived together as husband and wife a few
weeks when defendant left
complainant without any just cause, or excuse,
and went to parts unknown,
and still remaining absent from her, and has
never made any provision
for her maintenance or support; and that
between the time of said
marriage and the filing of this Bill said
defendant committed adultery
as charged in the Bill. It also appeared
to the Court that the complainant
is a woman of good character and has
not been guilty of any of
the bad acts charged against the defendant,
that she was a resident
of Smith County at the time of filing this Bill
and had been such for more
than two years next before that time; and
that her name before her
marriage was Eliza A. MORRIS. It is therefore
ordered, adjudged, and decreed
by the Court that the bonds of matrimony
between complainant and
defendant be forever dissolved, and that
complainant be restored
to the condition, rights, and privileges of a
single woman, that her name
be changed to her maiden name of Eliza A.
MORRIS, and that the defendant
pay the costs of this case for which
execution may issue.
State of TN vs. Daniel ADCOCK}
Horse Stealing
State of TN vs. Nelson ADCOCK}
Jailer F. A. HERRING's account
for boarding and keeping in jail said
defendant, Daniel ADCOCK,
from 21 Jun 1870 to 22 Aug 1870, making 63
days at 60 cents per day,
$37.80. Eight legal turnkeys at 50 cents
each, $4.00, making in all,
$41.80. Being approved by the Attorney
General it ordered by the
Court to be taxed in the Bill of Costs in this
cause.
State of TN vs. Daniel ADCOCK}
Horse Stealing
State of TN vs. Nelson ADCOCK}
Jailer F. A. HERRING's account
for boarding and keeping said
defendant, Nelson ADCOCK,
form 21 Jun 1870 to 2 Sep 1870, making 74 days
at 60 cents per day, $44.40.
Eight legal turnkeys at 50 cents each,
$4.00, making in all, $48.40.
Being approved by the Attorney General it
is ordered by the Court
to be taxed in the Bill of Costs in this cause.
William ANDERSON}
vs.
Trespass
Hugh McKINNIS & Robert OLDHAM}
Jury finds in favor of Complainant
and assess his damages by reason
of the trespass to the sum
of two dollars and fifty cents. Ordered by
the Court that plaintiff
recover of defendants the said sum of two
dollars and fifty cents
and the costs of this suit.
James H. CLEMENTS}
vs.
Divorce
Sina CLEMENTS}
This cause came to be heard
on 8 Apr 1871 when it appeared to the
Court that copy and
process had been served upon the defendant, Sina
CLEMENTS, for more than
five days before the commencement of this term
and she having failed to
plead, answer, demur to complainant's Bill. It
is ordered that the same
be taken for confessed and set for hearing ex
parte as to her. This
cause coming on further to be heard upon the bill
taken for confessed and
upon the proof when it appeared to the Court
that complainant and defendant
were married in this county in the year
1865 and that in the spring
of 1867 the defendant willfully and
maliciously abandoned the
complainant and that she had so abandoned him
for more than two whole
years before the filing of the Bill in this
cause and that said desertion
was without any good cause. It is
therefore ordered, adjudged,
and decreed by the Court that the bonds of
matrimony heretofore subsisting
between complainant and defendant are
hereby dissolved and for
naught held. It is further ordered by the
Court that the costs for
this cause be paid in the first instance by the
complainant and that he
have judgment against the defendant for which
execution may issue.
Judith ANDERSON}
vs.
Divorce
William ANDERSON}
And
Thomas MOORMAN}
This cause came on to be
heard on 8 Apr 1871 when it appeared to the
Court that copy and process
had been served upon the defendant, William
ANDERSON, for more than
five days before the commencement of the present
term of this court and it
appearing that he has failed to plead, answer,
or demur to complainant's
Bill. It is therefore ordered by the court
that the Bill be taken for
confessed and set for hearing ex parte as to
him. This cause coming
to be further heard on Bill taken for confessed
answers of Thomas MOORMAN,
and proof. From all of which it appeared to
the Court that complainant
and defendant were married in the year 1854
in this county and have
lived together as husband and wife until
sometime in the month of
October 1870 when the complainant was forced to
leave the defendant.
It further appeared to the Court that they have
now living, as the parents
of said marriage, six children, to wit: Mary
Ann, aged thirteen years,
Barbara Jane, aged eleven years, William
Burton, about nine years,
Louvice, seven years old, James Johnson, about
five years old, and
Peyton Anderson, about seventeen months old. It
further appeared to the
Court that soon after the marriage of
complainant and defendant,
the defendant commenced to ill treat and
abuse complainant, inflicting
upon her chastisement by striking her with
his fist & c., and to
charge her with improper intimacy with other men,
and in other ways to treat
so cruelly, and inhumanly, and offered her
such indignities as forced
her to abandon him. It further appeared to
the Court that complainant
is a woman of unimpeachable character upon
the subject of chastity,
and that his charges are unfounded in truth.
It further appeared to the
Court that complainant and defendant are poor
and have but little property;
and that complainant filed her Bill and
attached all of said property
in this cause; said property consisting of
some small household and
kitchen furniture, a cow and calf, a small lot
of corn, and some tobacco.
It further appeared to the Court that under
a former order of this Court
in this cause the Sheriff of Smith County
divided the property, except
the corn and tobacco, between the
complainant and defendant,
placing each in possession of their share.
It further appeared to the
Court from the answer of defendant, Thomas
MOORMAN, and the proof in
the cause, the defendant, Thomas MOORMAN,
before the filing of the
Bill in this cause, had purchased and paid for
the corn sought to be attached.
It further appeared to the Court that
complainant is a proper
and suitable person to have the care, control,
and education of her said
children, and that defendant not interfere.
It is therefore ordered,
adjudged, and decreed by the Court that the
bonds of matrimony subsisting
between complainant, Judith ANDERSON, and
defendant, William ANDERSON,
are hereby dissolved and for naught held,
and the complainant be restored
to all the rights and privileges of a
single woman and that her
name be changed back to her maiden name of
Judith KEMP. It is
further ordered that the title to the property
heretofore divided between
the parties by the Sheriff be vested in the
parties respectively, according
to said divisions. It is further
decreed by the Court that
the complainant is entitled to the tobacco
attached in this cause,
and all the rights, title, and interest in said
tobacco is divested out
of the defendant and vested in complainant. A
lien is hereby declared
on said tobacco in favor of John A. FITE for his
fee in this cause, and it
appearing that said tobacco under a former
order of this court was
placed by the clerk of this court in the hands
of Ridley WEST to strip
and sell. The said WEST will carry out said
arrangements and when sold
pay the proceeds of the same into the office
of the clerk of this court,
subject to the order of complainant after
the extinguishment
of the lien above declared. It is further ordered
that the attachment so far
as it sought to attach the corn or any other
debt due for the corn from
the defendant, Thomas MOORMAN, is hereby
dissolved. It is further
ordered by the Court that complainant have the
care, custody, control,
and education of the children, free from the
interference of the defendant,
William ANDERSON, but the Court is
pleased to order that the
defendant, William ANDESON, shall have
permission to see his children
as often as once a month, and then only
in the presence of Hensley
SMITH, and he is enjoined from taking any of
them away, and he is perpetually
enjoined from in any manner interfering
with, or molesting the complainant.
This cause is retained in Court for
the purpose of enforcing
the last three clauses of this decree. It is
further ordered that the
defendant, William ANDERSON, pay all the costs
of this cause for which
execution may isue.
12 Apr 1871
State of TN vs. William HUNT}
Drunkenness
Defendant was arrested for
drunkenness. The Attorney General entered
a writ of nolle prosequi
on condition that defendant pay the costs of
this suit. Defendant
paid the costs and was released from custody.
State of TN vs. William APPLE}
Carrying a Pistol
Grand Jury entered an indictment
against the defendant for carrying a
pistol. Court ordered
that a capias be issued.
State of TN vs. William DEARING}
Selling Liquor Without
the Required Oath or Bond
Grand Jury entered an indictment
against the defendant for selling
liquor without the required
oath or bond. Court ordered that a capias
be issued.
State of TN vs. John UHLES}
Gaming
State of TN vs. Jack RITTENBERRY}
Grand Jury entered indictments
against the defendants for gaming.
Court ordered that a capias
be issued for each defendant.
John M. BARRETT}, Overseer of Public Road
vs.
D. M. BRADFORD, JR.}
Failing to Work on Public Road
Defendant, D. M. BRADFORD,
JR. failed to appear, when called upon, to
answer charges of failing
to work on a public road, whereupon the Court
ordered that judgment by
default be entered against the defendant for an
amount to be determined
by a writ of inquiry and the costs of this suit.
Lemuel M. WINFREY}
vs.
Divorce
Malissa G. WINFREY}
This cause came on to be
heard 12 April 1871 upon the Bill taken for
confessed and proof in the
cause which it appeared to the Court that
complainant and defendant
were married in Smith County in the year 1865
and lived together until
the spring of 1866 when the defendant willfully
and maliciously abandoned
the complainant without any just cause and
that she has continued to
remain away from him for more than two whole
years before the filing
of the Bill in this case. It further appeared
to the Court that the defendant
since her marriage with complainant has
been guilty of adultery
with one Chris GASKY and that she is now living
in adultery in the State
of Kentucky with the said Chris GASKY. It
further appeared that the
complainant is a man of good character upon
the subject of chastity.
It is therefore ordered, adjudged, and decreed
by the Court that the bond
o matrimony heretofore subsisting between
complainant and defendant
be dissolved and for naught held. It is
further ordered by the Court
that the complainant pay the court costs in
the first instance which
will not include the State tax and that he have
judgment against the defendant
for that and for the balance of the costs
in the cause for which execution
may issue.
Mahalie LANE}
vs.
Divorce
Thomas LANE}
On the motion of the complainant
it is ordered by the Court that
alias subpoena to answer,
together with a copy of the Bill, be issued to
the Sheriff of Smith County
against the defendant, Thomas LANE.
State of TN vs. John SINGLETON}
Drinkenness
Grand Jury entered an indictment
against the defendant for
drunkenness. Court
ordered that a capias be issued.
J. M. BARRETT, Overseer of Road
vs.
D. M. BRADFORD, JR.} Failure to
Work on Public Road
Court ordered that plaintiff
recover of defendant the sum of two
dollars and all costs of
this suit.
State of TN vs. William HACKETT}
Selling Liquor Without
State of TN vs. William KNIGHT}
the Required Oath or Bond
State of TN vs. Paul CLAY}
Grand Jury entered indictments
against the defendants for selling
liquor with the required
oath or bond. Court ordered that a capias be
issued for each defendant.
William E. JONES}
Administrator & c. of Thomas B. DURHAM,
deceased
vs.
Edward UPTON}
Debt
Jury found in favor of plaintiff
for debt and damages for three
hundred and thirty three
dollars and costs of this suit.
George FISHER}
vs.
Debt
S. H. WRIGHT}
Administrator & c. of Paschal WRIGHT,
deceased
Jury found in favor of plaintiff
for twenty dollars and costs of this
suit. Court ordered
the sum of twenty dollars and costs of this suit to
be levied on the goods,
chattels, rights, and credits of the estate of
Paschal WRIGHT.
S. M. FITE and J. A. FITE}
vs.
Debt
Lewis FRANKLIN}
Defendant, Lewis FRANKLIN,
confessed in favor of plaintiffs for two
hundred dollars which defendant
admitted was due and owing for services
to plaintiffs for services
as his attorneys in the Smith County Chancery
Court in 1867. The
Sheriff reported that no personal property belonging
to the defendant was found
, whereupon the Court ordered that a one
hundred and fifty five acre
homestead belonging to the defendant be sold
to satisfy the debt.
State of Tennessee
County of Smith
The Grand Jurors for the
County and State aforesaid, on their oath,
respectfully present that
they have inspected the Jail of Smith County
as required by law and find
the same in much in need of repairs, to
wit: There are bricks
out of the walls, bars out of order and broken,
one door broken down, and
many other deficiencies which they do not deem
it necessary to mention,
which renders said jail in the opinion of the
Grand Jurors aforesaid,
wholly unsafe and insecure for the confinement
of prisoners. And
the Grand Jurors aforesaid do further present with
pleasure that the said jail
is well kept by William ARRINGTON, Sheriff
of Smith County. So
far as they are able to discover, the prisoners
having been as well cared
for as they could be under the surrounding
circumstances, and the said
jail being in every way satisfactorily kept,
so far as said Sheriff is
concerned, as the law requires. There is but
one prisoner now in jail,
he being confined because of lunacy. All of
which is respectfully submitted
to the Honorable Court.
/s/ S. ALLISON, Foreman of the Grand Jury
State of TN vs. James FILSON}
Riot
Defendant was arrested for
riot. The Attorney General entered a writ
of nolle prosequi on condition
that the defendant pay the costs of this
suit. Bond for the
costs of the suit was posted by J. A. FITE
State of TN vs. Jesse LANKFORD}
Selling Liquor Without
the Required Oath or Bond
Defendant was arrested for
selling liquor without the required oath or
bond. Defendant entered
a plea of guilty and was fined five dollars and
costs.
State of TN vs. Fannie DAWEL (?)}
Disturbing Public Worship
Grand Jury entered an indictment
against defendant for disturbing
public worship. Court
ordered that a capias be issued.
State of TN vs. Squire HUNTER}
Selling Liquor Without
the Required Oath or Bond
Defendant was arrested for
selling liquor without the required oath
or bond and was released,
pending trial, on a two hundred and fifty
dollar bond posted by O.
B. ANDERSON and Joshua Dickens.
State of TN vs. Shannon DURHAM}
Gaming
Defendant was arrested for
gaming and released, pending trial, on a
two hundred and fifty dollar
bond posted by Isaac GIBBS and Thomas
BALLENGER.
State of TN vs. Robert ENOCH}
Assault and Battery
Grand Jury entered an indictment
against the defendant for assault
and battery. Court
ordered that a capias be issued.
State of TN vs. Martha J. MULLINS}
Assault and Battery
Defendant was arrested for
assault and battery and released, pending
trial, on a two hundred
and fifty dollar bond posted by Thomas
BALLENGER, W. B. CORLET,
and Charles SWOPE.
State of TN vs. Martha J. MULLINS}
Carrying a Pistol
Defendant was arrested for
carrying a pistol and released, pending
trial, on a two hundred
and fifty dollar bond posted by Thomas
BALLEBGER, W. B. CORLE,
and Charles SWOPE.
State of TN vs. L. J. RITTENBERRY}
Gaming
Defendant was arrested for
gaming and released, pending trial, on a
two hundred and fifty dollar
bond posted by Thomas BALLENGER and G. W.
McCARTY.
State of TN vs. Pheraba BROWN}
Disturbing Public Worship
Defendant was arrested for
disturbing public worship and released,
pending trial, on a two
hundred and fifty dollar bond posted by Benjamin
GARRETT and J. M. MATHIS.
State of TN vs. Frederick GIBBS}
Malfeasance in Office
Defendant was released from
jail, pending further proceedings on this
cause, on a one thousand
dollar bond posted by L. J. CARDWELL, Elijah
BOZE, John ALLEN, and A.
E. GARRETT.
State of TN vs. Henry WARD} Malicious
Shooting
Defendant, being sick and
absent, the Court ordered the trial for
malicious shooting to be
continued at the next term of this court.
Appearance bond was posted
J. W. GREY, J. W. HEAD, and C. W. DENNEY.
State of TN vs. J. H. SMITH} Gaming
State of TN vs. J. H. SMITH} Carrying
a Pistol
Defendant was arrested on
two separate charges. One for gaming and
one for carrying a pistol.
Defendant was released, pending trial on
each charge, on a two hundred
and fifty dollar appearance bond for each
charge. Both bonds
were posted by E. W. TURNER and Thomas BALLENGER.
State of TN vs, William CARDWELL}
Lewdness
Defendant was arrested on
a charge of lewdness. The Attorney General
entered a writ of nolle
prosequi on condition that defendant pay all
court costs in this suit.
Bond for court costs was posted by L. A.
ROLLINS.
State of TN vs. William HUNT}
Assault and Battery
Defendant was arrested for
assault and battery and entered a plea of
guilty, whereupon, defendant
was fined five dollars and the costs of
this suit. Bond for
the fine and costs was posted Thomas BALLENGER.
State of TN vs. David McCall}
Carrying a Pistol
Defendant was arrested for
carrying a pistol, entered a plea of
guilty, and was fined ten
dollars and costs of this suit. Bond for the
fine and court costs was
posted by Joseph McCALL.
Blake B. THAXTON}
vs.
Debt
Garrett SADDLER}
Judgment was rendered in
favor of the plaintiff, Blake B. THAXTON,
for twelve dollars and seventy
cents and the costs of this suit. Court
ordered the Sheriff to seize
sufficient goods and chattels from the
defendant, Garrett SADDLER,
to satisfy the debt and the costs of this
suit. The Sheriff
reported that no goods or chattels belonging to the
defendant were found in
Smith County. The Court then ordered the
Sheriff to seize a tract
of one hundred and fifty two acres belonging to
the defendant, forty acres
of which was claimed by the defendant under
the Homestead Act.
Court ordered that the forty acre homestead to be
parted out of the one hundred
and fifty two acres and the remaining one
hundred and twelve acres
to be sold to satisfy the debt and the court
costs.
State of TN vs. Pheraba BROWN}
Disturbing Public Worship
Court ordered that defendant
be given a ten day delay in the trial
proceedings in order to
take the deposition of Marinda PIPER as evidence
in this cause.
State of N vs. William HACKET}
Selling Spirits Without
the Required Oath or Bond
Defendant was arrested for
selling spirits without the required oath or
bond. The Attorney
General entered a writ of nolle prosequi on the
condition that the defendant
pay all court costs in this suit. Bond for
court costs was posted by
John A. FITE.
State of TN vs. Andy HARRIS}
Gaming
Defendant was arrested for
gaming, entered a plea of guilty, and was
fined five dollars and costs
of this suit. Bond for the fine and court
costs was posted by E. C.
HARRIS.
State of TN vs. John SINGLETON}
Drunkenness
Defendant was arrested for
drunkenness, entered a plea of guilty, and
was fined two dollars and
costs of this suit. Bond for the fine and
court costs was posted by
Elijah BOZE.
State of TN vs. Sam JOHNSON} Gaming
Defendant was arrested for
gaming, entered a plea of guilty, and was
fined five dollars and costs
of this suit. Court ordered defendant to
remain in custody of the
Sheriff until the fine and court costs were
paid or secured.
State of TN vs. Walter WILLIAMS}
Assault with Intent to Kill
Defendant was arrested for
assault with intent to kill. The Attorney
General entered a writ of
nolle prosequi on the condition that defendant
pay all court costs in this
suit.
State of TN vs. L. A. ROLLINS}
Carrying a Pistol
Defendant was arrested for
carrying a pistol. The Attorney General
entered a writ of nolle
prosequi on the condition that the defendant pay
the costs of this suit.
Bond for court costs was posted by William
CARDWELL.
State of TN vs. Isaac GIBBS}
Gaming
Defendant was arrested for
gaming and released, pending trial, on a
two hundred and fifty dollar
bond posted by William CARDWELL.
State of TN vs. Paul CLAY}
Selling Spirits Without
the Required Oath or Bond
Defendant was arrested for
selling spirits without the required oath
or bond. The Attorney
General entered a writ of nolle prosequi on the
condition that the defendant
pay the costs of this suit. Bond for court
costs was posted by John
A. FITE.
State of TN vs. Joseph BRADLEY}
Assault
State of TN vs. Thomas BRADLEY, SR.}
and
State of TN vs. Thomas BRADLEY, JR.}
Battery
State of TN vs. Franklin BRADLEY}
Grand Jury entered indictments
against the defendants for assault and
battery. Court ordered
that a capias be issued for each defendant.
State of TN vs. Smith HOGAN}
Selling Liquor Without
State of TN vs. Smith HOGAN} the
Required Oath or Bond
Grand Jury entered two separate
indictments against the defendant for
selling liquor without the
required oath or bond. Court ordered that a
capias be issued on each
indictment.
State of TN vs. John UHLES} Gaming
State of TN vs. John UHLES} Carrying
a Pistol
Defendant was arrested on
two separate charges. One for gaming and
one for carrying a pistol.
Defendant was released, pending trial on
each charge, on a two hundred
and fifty dollar bond for each charge.
Each bond was posted by
Thomas BALLENGER and William LYNCH.
State of TN vs. Robert ENOCH} Assault
and Battery
Defendant was arrested and
released, pending trial, on a two hundred
and fifty dollar bond posted
by W. B. PICKERING and E. W. TURNER.
State of TN vs. D. C. PATTON} Attempting
to Produce Abortion
Defendant was arrested for
attempting to produce an abortion and
released, pending trial,
on a two hundred and fifty dollar bond posted
by S. W. SWAN and James
R. BRASWELL.
Catherine EATON}
vs.
Slander
John JONES}
Came the parties by attorneys
and the defendant in proper person,
when the parties agree to
compromise this suit on the following terms:
The defendant avers that
in what he did say of plaintiff, he was
misunderstood; that he did
not intend to impute to plaintiff a want of
chastity, and admits she
is a lady of good character, and further
agrees, and hereby confesses,
judgment in favor of plaintiff for the sum
of one hundred and twenty
five dollars and the costs of this suit. And
the plaintiff agrees to
accept this judgment in full satisfaction of her
demands set up in this action.
It is therefore considered by the Court
that the plaintiff recover
of the defendant two hundred and twenty five
dollars and the costs of
this suit, and the parties agreeing thereto,
execution is stayed four
months.
State of TN vs. James HUGHES}
Illicit Distilling
Grand Jury entered an indictment
against the defendant for illicit
distilling. Court
ordered that a capias be issued.
State of TN vs. Nelson SMITH}
Gaming
Grand Jury entered an indictment
against the defendant for gaming.
Court ordered that a capias
be issued.
Mahala Ann LANE}
Divorce
vs.
(Final Decree)
Thomas LANE}
This cause came on for hearing
on 29 Jul 1871 when it appeared that
complainant filed her Bill
in this cause on 11 May 1870, that subpoena
for the defendant, Thomas
LANE, to answer was issued on 19 Apr 1871, and
on the same day of its issuance
it was placed in the hands of the
Sheriff of Smith County,
Tennessee, more than three months before the
time it was returnable,
and on 25 Jul 1871 said Sheriff returned said
writ "not executed" because
he could not find said defendant in said
County. On motion
of complainant it is therefore ordered by the Court
that judgment for confessed
be taken against said defendant, Thomas
LANE, and the cause be set
down for hearing ex parte as to him.
The cause then came on further
to be heard on the Bill, judgment for
confessed, and proof in
the cause, when it appeared to the Court that
complainant and defendant
intermarried in Smith County, Tennessee, on or
about, 19 Nov 1869, that
complainant has one child born to her as the
issue of said marriage since
the filing of her Bill; that while
complainant and defendant
lived together she discharged her duty to him
as his wife; that her character
is in all respects good, and that her
character for chastity is
above reproach.
It further appeared that
the defendant, Thomas LANE, on the (blank)
day of April 1870, committed
adultery in Smith County with a woman of
lewd character; that he
committed lewd acts of adultery and fornication
near Granville, Tennessee,
about last named date, with another female,
the names of said females
being unknown to the witnesses.
It further appeared that
defendant has abandoned complainant, and has
since then continually failed
to provide for her necessary support and
comforts of life.
It is therefore ordered,
adjudged, and decreed by the Court that the
bonds of matrimony heretofore
existing between complainant and defendant
be forever dissolved; and
that she be restored to all the rights and
privileges of a femme sole;
that she be restored to her maiden name of
Mahala Ann SMITH; and that
she have exclusive possession, control, and
education of her said infant
child; that defendant, Thomas LANE, be
perpetually enjoined from
interfering with the same in any manner
whatsoever.
It is further decreed that
all rights and title in, and to, seven
head of stock hogs,
and the several debts due from certain debtors of
the defendant, as set forth
in and described in the Bill, be divested
out of said defendant, and
that the rights and title to the said seven
head of hogs, and all of
the said debts mentioned in her Bill, be vested
in complainant absolutely,
with a power to collect said debts to be used
by her in such manner as
she may deem proper, subject to the following
conditions, namely:
So much of said debts as may be sufficient, it is
decreed shall be applied,
when collected, to the payment of the costs.
It is further decreed that
complainant have her decree against the
defendant for all of the
costs, for which fi fa may issue.
State of TN vs. J. H. SMITH}
State of TN vs. Isaac GIBBS}
Gaming
State of TN vs. Peter Lee}
State of TN vs. Moses WALLIS}
Grand Jury entered an indictment
against each defendant for gaming.
Court ordered that a capias
issued for each defendant.
State of TN vs. Squire HUNTER}
Selling Liquor Without
the Required Oath or Bond
Defendant was arrested for
selling liquor without the required oath
or bond. On motion
of the Attorney General and affidavit of the
defendant, the defendant
is given leave to take depositions of (blank)
HOWARD and William WYATT
in Putnam County.
State of TN vs. Martha Jane MULLINS}
Nuisance
State of TN vs. Martha Jane MULLINS}
Keeping a Bawdy House
Grand Jury entered two separate
indictments against the defendant.
One: Nuisance, and
Two: Keeping a Bawdy House. Court ordered that a
separate capias be issued
for each indictment.
State of TN vs. Enoch CRAIG}
Tippling
State of TN vs. Enoch CRAIG}
Selling Liquor Without
Oath or Bond
Grand Jury entered two indictments
against the defendant. One for
tippling and one for selling
liquor without the required oath or bond.
Court ordered that a capias
issued for each indictment.
State of TN vs. Samuel Brown} Selling
Liquor Without
Oath or Bond
Grand Jury entered an indictment
against the defendant for selling
liquor without the required
oath or bond. Court ordered that a capias
be issued.
State of TN vs. Michael SHOEMAKE}
State of TN vs. Enoch CRAIG}
Gaming
State of TN vs. Martin RICH}
Grand Jury entered indictments
against the defendants for gaming.
Court ordered that a capias
be issued for each defendant.
State of TN vs. James ALLISON}
Lewdness
State of TN vs. Polly MARLOW}
Grand Jury entered indictments
against the defendants for lewdness.
Court ordered that a capias
be issued for each defendant.
State of TN vs. J. H. SMITH}
Gaming
State of TN vs. James BRASWELL}
Grand Jury entered indictments
against the defendants for gaming.
Court ordered that a capias
be issued for each defendant.
State of TN vs. Samuel JOHNSON}
Gaming
"The account of William
ARRINGTON, jailer, for boarding and keeping
in jail said defendant on
a charge of gaming from July 27th to August
2nd 1871, 7 days at 60 cents
per day, $4.20. Two legal turnkeys, 50
cents, $1.00. Amounting
in all to $5.20."
State of TN vs. Joseph A. PENDARVIS}
Embezzlement
State of Tennessee
Smith County
The Grand Jurors, on their
oath, present that Joseph A. PENDARVIS,
late Trustee of Smith County,
by virtue of his said office, which he
held on the 27th day of
March, 1870, did on said day receive the sum of
nine hundred and seventy
two dollars belonging to the school fund of
said county with the safe
keeping & transfer of which he by virtue of
his said office of Trustee
by law was charged and said fund belonging to
said County of Smith, as
aforesaid, being in the hands of said Joseph A.
PENDARVIS, as aforesaid,
was by him, the aforesaid Joseph A. PENDARVIS,
on the 1st day of June 1870,
unlawfully and feloniously used and
converted to his own use
without authority of law, and so the Jurors
aforesaid, upon their oath
aforesaid, do say that the said Joseph A.
PENDARVIS, was then and
there, unlawfully, willfully, and feloniously,
guilty of embezzlement,
contrary to the form of the statute in such case
made and provided and against
the peace and dignity of the State.
Second Count:
And the same Jurors aforesaid,
upon their oath aforesaid, do further
present that Joseph A. PENDARVIS,
late Trustee of Smith County, on the
1st day of June 1870, in
the County and State aforesaid, did unlawfully
and feloniously use and
convert to his own use the sum of two hundred
and forty two dollars and
forty four cents, the property of, and
belonging to, the County
of Smith is said State, without the authority
of law, he being charged
with the safe keeping & transfer of the same,
and so the Jurors aforesaid,
upon their oath, do say that the said
Joseph A. PENDARVIS, did
then and there, unlawfully and willfully, and
feloniously, commit the
offense of embezzlement, contrary to the form of
the statute in such case
made and provided and against the peace and
dignity of the State.
Third Count:
And the Jurors aforesaid,
upon their oath aforesaid, do further
present that Joseph A. PENDARVIS,
late Trustee of Smith County, on the
1st day of June 1870, in
the County & State aforesaid, did unlawfully
and feloniously, use and
convert to his own use, the sum of five hundred
and forty four dollars and
forty four cents, the property of, and
belonging to, Smith County,
Tennessee, he being by law charged with the
safe keeping and transfer
of the same, and so the Jurors aforesaid, upon
their oath, do say that
the Joseph A. PENDARVIS, did, then and there,
unlawfully and feloniously
embezzle the said amount, contrary to the
form of the statute made
and provided & against the peace and dignity of
the State.
/s/ J. C. SANDERS, Foreman
of the Grand Jury
/s/ George H. MORGAN,
Atty. Gen'l., 5th Circuit
Ordered that a capias be issued.
The State of Tennessee, for the use of
E. H. KNIGHT, Trustee of Smith County Tennessee
vs.
Joseph A. PENDARVIS, former Trustee of said
County, and
M. A. DICKENS, Ira W. KING, James B. TERRY,
T. BALLENGER, E. UPTON,
Joseph C. DICKENS, John W. HALL, and Henry
B. PIPER, Securities of said
Trustee
On this day, the 4th day
of August 1871, this cause came to be heard,
whence it appeared to the
Court that the defendant, Joseph A> PENDARVIS,
was elected Trustee of Smith
County in March 1868 for the term of two
years, and on the 6th day
of April 1868, said Joseph A. PENDARVIS
executed the following official
bond, namely: We, Joseph A. PENDARVIS,
J. C. DICKENS, Ira W. KING,
J. B. ANDREWS, Allen PIPER, E. UPTON, J. B.
TERRY, J. H. NIXON, Thomas
BALLENGER, M. A. DICKENS, and J. W. HALL
bind ourselves in the penal
sum of Twenty Thousand Dollars payable to the
State of Tennessee, to be
void on condition that said Joseph A.
PENDARVIS safely keep, and
faithfully pay over, all moneys which shall
be deposited in his hands,
agreeable to law, and the orders of the
Court, and faithfully perform
all the duties enjoined upon him by law to
be performed.
It further appeared to the
Court that on the 2nd day of May, 1870
there was in the hands of
the said, Joseph A. PENDARVIS, as former
Trustee of Smith County,
the sum of Five Hundred and Forty Two Dollars
and Forty Four Cents of
the revenue of Smith County, due to said County,
and that said County revenue
had gone into the hands of said Trustee
during his said term office.
It further appeared to the
Court that on the 16th day February, 1870,
G. W. BLACKBURN, then Comptroller
of the State of Tennessee, issued to
defendant, Joseph A. PENDARVIS,
viz. Trustee of Smith County as
aforesaid, his warrant,
No. 7794, for the sum of Nine Hundred and
Seventy Two Dollars, which
sum was due and owing to Smith County,
Tennessee on the account
of Common Schools.
It further appeared to the
Court that said Joseph A. PENDARVIS,
Trustee as aforesaid, in
the month of March 1870 and during his
continuance in said office
of Trustee, collected from the Treasury of
Tennessee, on account of
said warrant, said sum of Nine Hundred and
Seventy Two Dollars, and
that said sum was still in the hands of said
PENDARVIS on the2nd day
of May 1870.
It further appeared to the
Court that said Joseph A. PENDARVIS, as
Trustee aforesaid, on the
2nd day of May 1870, had and made, his final
settlement with Benjamin
J. VADEN, then and now, Chairman of the County
Court of Smith County, that
on said final settlement on said date there
was found to be due
said sum of Five Hundred and Forty Four Dollars and
Forty Four Cents on account
of revenue due Smith County, Tennessee and
of Nine Hundred and Seventy
Two Dollars on account of Common Schools of
Smith County, Tennessee.
It further appeared to the
Court that E. H. KNIGHT was elected
Trustee of Smith County,
Tennessee in March 1870 for the term of two
years and that E. H. KNIGHT
is the successor in said office of Trustee
of said County to defendant,
Joseph A. PENDARVIS, that said E. H.
KNIGHT, after his induction
into said office as aforesaid, and after
said final settlement aforesaid
on the 2nd day of May 1870, and before
continuance of this motion,
demanded of said Joseph A. PENDARVIS the
payment of said sums of
money into his hands aforesaid due and payable
to said E. H. KNIGHT, Trustee
as aforesaid, and that said Joseph A.
PENDARVIS failed and refused
to pay the sums, or any part thereof, to
the said E. H. KNIGHT, then
and now, Trustee of Smith County.
It further appeared to the
Court that the interest on said sum of
Five Hundred and Forty Four
Dollars and Forty Four Cents from the 2nd of
May 1870 to this date is
the slum of Forty Dollars and Eighty Three
Cents, making in all, the
sum of Five Hundred and Eighty Five Dollars
and Twenty Seven Cents;
and that the interest on the said sum of Nine
Hundred and Seventy Two
Dollars from the 2nd of May 1870 to this date is
the sum of Seventy Two Dollars
and Ninety Cents, making in all, the sum
of One Thousand and Forty
Four Dollars and Ninety Cents.
It is therefore considered
by the Court that the State of Tennessee,
for the use of E. H. KNIGHT,
Trustee of Smith County, Tennessee, recover
of Joseph A. PENDARVIS,
as principal, and the said M. A. DICKENS, Ira W.
KING, James B. TERRY, T.
BALLENGER, E. UPTON, Joseph C. DICKENS, John W.
HALL, and Henry B. PIPER,
as securities of the said Joseph A. PENDARVIS
on his official bond aforesaid,
the sum aforesaid, of Five Hundred and
Eighty Five Dollars and
Twenty Seven Cents, and of One Thousand and
Forty Four Dollars and Ninety
Cents, and that execution issue therefor.
It is further considered
by the Court, that plaintiff for the use &
c. as aforesaid, recover
of Joseph A. PENDARVIS, principal, and said
securities, the costs of
this motion for which execution also issue.
Thereupon came the said defendant
and moved the Court for a new
trial, and also, an arrest
of judgment, which motions were by the Court
severally overruled; to
which action of the Court in overruling said
motion, said defendants,
by their counsel, excepted.
The securities then prayed
an appeal in the nature of a Writ of Error to
the next term of the Supreme
Court to be held in Nashville at the
Capitol in said city on
the first Monday in December next, which appeal
to them is granted, the
securities having given bond with good
securities in the sum of
Thirty Six Hundred Dollars, payable and
conditioned as required
by law is such cases; and the defendant,
PENDARVIS, then also prayed
an appeal in the nature of a Writ of Error
to said term of said Supreme
Court, separately from his said securities,
which to him is granted,
he having taken and filed the oath prescribed
for the benefit of poor
persons in such cases, according to law.
L. S. BYBEE}
vs.
Divorce
Sarah E. BYBEE}
Came the complainant by
attorney and on motion, and it appearing from
the affidavit filed with
this cause that the defendant is a resident of
parts unknown so that the
ordinary process of law cannot be served upon
her, it is ordered by the
Court that publication be made in the Sparta
Tribune, a newspaper published
in Sparta, Tennessee, for four
consecutive weeks commanding
the defendant to appear at the next term of
the Circuit Court of Smith
County at the courthouse in the town of
Carthage on the fourth Monday
in November, 1871 to make defense to
complainant's Bill, or the
same will be taken for confessed and set for
hearing ex parte.
Sarah J. ALLISON}
vs.
Divorce
Lewis ALLISON}
On this the 5th day of August
1871 this cause came to heard,
whereupon came the defendant
by his counsel and moved the Court to be
permitted to withdraw his
answer heretofore filed in this cause and upon
consideration of which motion
the Court allows the same, and thereupon
the answer was withdrawn.
Then the petitioner by her counsel moved the
Court for confessed against
the defendant; and it appearing to the Court
that he has been duly and
legally brought before the Court and fails and
refuses to make defense,
said motion is allowed; and it is ordered by
the Court that judgement
for confessed be entered against the defendant,
and the cause be set for
hearing ex parte as to him.
Thereupon the cause came
on for hearing upon the Bills, judgment for
confessed, and the proof,
when it appeared to the satisfaction of the
Court that plaintiff and
defendant were intermarried in Smith County,
Tennessee in November 1859;
that at the date of intermarriage, some time
prior thereto, and thereafter,
defendant was a man of sobriety and not
addicted to the excessive
use of intoxicating liquors; that after said
intermarriage defendant
became subject to the habit of habitual
drunkenness, and that said
habit continued to grow stronger up to the
date, and after, the filing
of the original and amended Bill in this
cause; that on the 9th day
of September 1870 petitioner left the house
of the defendant, and their
separation has been continuous since that
date last aforesaid until
the present date; that said separation was for
just and legal cause as
to petitioner; that the acts and conduct of the
defendant towards the petitioner
had been such as to render it unsafe
and improper for her to
cohabit with him and be under his dominion and
control; that he had offered
such indignities to her person as to render
her condition intolerable;
that his treatment of her had been such as to
force her to withdraw; that
the defendant is the owner of the lands
described in the Bill of
the petitioner, and of considerable other
estate.
It is therefore ordered,
adjudged, and decreed by the Court that the
bonds of matrimony, now
and heretofore, subsisting between the
petitioner and the defendant
be set aside, annulled, and for naught
held; that she be restored
to all the rights and privileges of a single
woman; that her name be
changed from Martha J. ALLISON to the name she
bore before her intermarriage
with the defendant, Lewis ALLISON, namely
that of Martha J. BALLENGER;
that petitioner be invested absolutely with
the title to all the chattel
property now in her possession, and the
title to all property, real
and personal, which she owned before said
intermarriage with the defendant,
or to which she has since became
entitled, except such as
the defendant had reduced to possession as the
husband of the petitioner,
that the defendant pay to the petitioner the
sum of Fifteen Hundred Dollars,
in three installment of Five Hundred
Dollars each, payable to
her in six, twelve, and eighteen months,
respectively, with interest
thereon from this date; that to secure and
make certain said sum of
Fifteen Hundred Dollars, payable as aforesaid,
a lien is hereby declared
on all the lands of the defendant described in
the Bills of the petitioner,
but the defendant shall be permitted to
sell and convey such portion
of said lands as he may desire to raise
said sums but the proceeds
of any such sale so far as necessary shall be
applied to the payment of
the alimony aforesaid; and it is further
ordered, adjudged, and decreed
by the Court that the defendant, Lewis
ALLISON, pay all the costs
accrued in this cause not heretofore
adjudged.
This cause is retained in
Court to collect said alimony and enforce
for that purpose, if necessary,
said lien. The petitioner agreeing
thereto, it is ordered that
James W. McHENRY, on of the solicitors of
the petitioner, be paid
the sum of One Hundred Dollars, his fee due him
by petitioner; and he does
not include in said fee his services in
drafting the amended Bill
which he did as a matter of favor for the late
Col. W. W. WARD. Said
fee shall be paid out of the first moneys paid by
the defendant on said sum
of Fifteen Hundred Dollars.
The defendant, Lewis ALLISON,
appeared in court and confessed that he
was indebted to John W.
HEAD the sum of One Hundred Dollars, due the 1st
of January 1872, and to
W. H. DeWITT, the sum of Three Hundred Dollars,
now due for their services
as his counsel in this cause; and agrees that
a lien be declared on his
aforesaid lands to secure said fees, subject
to said lien of the complainant,
and that execution issue in favor of
said attorneys, respectively,
when due and called for.
Emily V. MILTON}
vs.
Divorce
David MILTON}
This cause came to be heard
on this the 28th day of November 1871,
upon the Bill taken for
confessed, and the testimony of witnesses, from
all of which it appeared
to the Court that the complainant and the
defendant were married to
each other on the 26th day of November 1868,
and lived together as man
and wife until the 22nd day of November 1869
when the defendant willfully
and maliciously deserted the complainant
without probable cause.
It further appeared to the
Court that the complainant is a woman of
good character; that the
defendant has treated her cruelly and
inhumanely, and offered
such indignities to her person as renders it
unsafe and improper for
her to live and cohabit with him. It further
appeared that the defendant
has totally failed to provide the
necessaries of life for
the complainant.
It further appeared that
complainant had, when she married the
defendant, a home which
had been assigned to her as dower out of her
first husband's land, that
she also had, when she married the defendant,
two mares, one cow and calf,
one yoke of oxen, some hogs, and some
household and some kitchen
furniture; that defendant had sold one of the
mares. Except for
the mare sold, she now has the other property.
It is therefore ordered,
adjudged, and decreed by the Court that the
bonds of matrimony heretofore
subsisting between the complainant and the
defendant are hereby dissolved
and for naught held. It is further
ordered that the property
above described is decreed to the complainant
free from the interference
or control of the defendant. It is further
ordered, adjudged, and decreed
that the defendant, David MILTON, pay the
costs of this suit.
P. G. DILLARD & Co.}
vs.
Debt
Thomas PIPER}
The Court found in favor
of the plaintiff the debt of One Hundred and
Twelve Dollars and Sixteen
Cents, plus interest, and the costs of this
suit and ordered the Sheriff
to seize sufficient personal property of
the defendant to satisfy
the debt, interest, and court costs. The
Sheriff reported that no
personal property belonging to the defendant
was found in Smith County,
whereupon, the Court ordered that a tract of
land containing one hundred
acres owned by the defendant, but excluding
the homestead, be sold to
satisfy the above debt, interest, and court
costs.
State of TN vs. Isaac GIBBS} Gaming
State of TN vs. Isaac GIBBS} Gaming
Grand Jury entered indictments
against the defendant on two separate
counts of gaming.
Court ordered that a capias be issued on each count.
State of TN vs. John UHLES}
Gaming
State of TN vs. John UHLES}
Gaming
Grand Jury entered indictments
against the defendant on two separate
counts of gaming.
Court ordered that a capias be issued on each count.
State of TN vs. J. H. SMITH}
State of TN vs. William ANDERSON}
Gaming
State of TN vs. James ANDERSON}
State of TN vs. W. J. RITTENBERRY}
Grand Jury entered indictments
against the defendants for gaming.
Court ordered that a capias
be issued for each defendant.
State of TN vs. Andrew MASSEY}
Selling Liquor Without
the Required Oath or Bond
The Attorney General moved
to strike this cause from the docket when
it appeared to the Court
that more than two writs of capias had been
issued and returned by the
Sheriff with the notation "not found". It is
ordered by the Court that
this cause be stricken from the docket.
State of TN vs. James BOULTON}
Assault to Commit Rape
The Attorney General moved
to strike this cause from the docket when
it appeared to the Court
that more than two writs of capias had been
issued and returned by the
Sheriff with the notation "not found". It is
ordered by the Court that
this cause be stricken from the docket.
State of TN vs. Charles BOWMAN}
Selling Liquor Without
State of TN vs. William DEARING} the
Required Oath or Bond
The Attorney General moved
to strike this cause from the docket when
it appeared to the Court
that more than three writs of capias had been
issued for each defendant
and each writ had been returned by the Sheriff
with the notation "not found".
It is ordered by the Court that this
cause be stricken from the
docket.
State of TN vs. James JENKINS}
Attempt to Kill While in Disguise
Attorney General moved to
strike this cause from the docket when it
appeared to the Court that
more than two writs of capias had been issued
and returned by the Sheriff
with the notation "not found". It is
ordered by the Court that
this cause be stricken from the docket.
State of TN vs. John Jones} Selling
Liquor Without
the Required Oath or Bond
The Attorney General moved
to strike this cause from the docket when
it appeared to the Court
that more than two writs of capias had been
issued and returned by the
Sheriff with the notation "not found". It is
ordered by the Court that
this cause be stricken from the docket.
State of TN vs. Ben WHITESIDE}
Gaming
The Attorney General moved
to strike this cause from the docket when
it appeared to the Court
that more than three writs of capias had been
issued and returned by the
Sheriff with the notation "not found". It is
ordered by the Court that
this cause be stricken from the docket.
State of TN vs. Barbara HUGHES}
Open and Notorious Lewdness
Grand Jury entered an indictment
against the defendant for open and
notorious lewdness.
Court ordered that a capias be issued.
State of TN vs. Nathan BAILEY}
Gaming
State of TN vs. David HANKINS}
Grand Jury entered indictments
against the defendants for gaming.
Court ordered that a capias
be issued to Wilson County for each
defendant.
State of TN vs. James K. LITCHFORD}
Assault to Kill While in Disguise
Grand Jury entered an indictment
against the defendant for assault to
kill while in disguise.
Court ordered that a capias be issued to Wilson
County.
State of TN vs. Richard COONS}
Assault and Battery
Grand Jury entered an indictment
against the defendant for assault
and battery. Court
ordered that a capias be issued.
State of TN vs. Henry BREWINGTON}
Robbery
The Attorney General moved
to strike this cause from the docket when
it appeared to the Court
that two writs of capias had been issued and
returned by the Sheriff
with the notation "not found". It is ordered by
the Court that this cause
be stricken from the docket
State of TN vs. William BALLARD} Selling
Liquor Without
Required Oath or Bond
Defendant was arrested for
selling liquor without the required oath or
bond. The Attorney
General entered a writ of nolle prosequi on
condition that defendant
pay all court costs in this suit.
State of TN vs. Enoch CRAIG} Tippling
State of TN vs. Enoch CRAIG} Gaming
State of TN vs. Enoch CRAIG} Selling
Liquor Without
Required Oath or Bond
Grand Jury entered indictments
against the defendant on three
separate counts. One:
Tippling; Two: Gaming; Three: Selling Liquor
Without Required Oath of
Bond. Court ordered that a capias for each
count be issued to Smith
County and Putnam County.
State of TN vs. Smith HOGAN} Selling
Liquor Without
State of TN vs. Smith HOGAN} Required
Oath or Bond
Grand Jury entered indictments
against the defendant on two separate
counts of selling liquor
without the required oath or bond.
Court ordered that a capias
be issued on each count.
State of TN vs. Frederick GIBBS}
Malfeasance in Office
Defendant was arrested and
charged with malfeasance in office, then
released, pending trial,
on a One Thousand Dollar bond posted by Elijah
BOZE, N. B. ANDERSON, J.
M. SQUIRES, and Thomas BALLENGER.
State of TN vs. Peter LEE}
Gaming
Grand Jury entered an indictment
against the defendat for gaming.
Court ordered that a capias
be issued.
State of TN vs. Joseph A. PENDARVIS}
Embezzlement
Defendant having been arrested
for embezzlement was released, pending
continuation of his trial,
on a One Thousand Dollar bond posted by J. C.
DICKENS, William B. PICKERING,
J. M. SQUIRES, F. M. ORANGE, A. GRIFFIN,
and Thomas BALLENGER.
State of TN vs. Robert ENOCHS}
Assault and Battery
Defendant was arrested for
assault and battery and released, pending
trial, on a Two Hundred
and Fifty Dollar bond posted by J. M. SQUIRES,
E. W. TURNER, and D. C.
PATTON.
State of TN vs. G. C. SANDERS}
State of TN vs. P. EVERETT}
Gaming
State of TN vs. F. GIBBS}
State of TN vs. Henry PIPER}
Grand Jury entered indictments
against the defendants for gaming.
Court ordered that a capias
be issued for each defendant.
State of TN vs. J. H. SMITH} Gaming
Defendant was arrested for
gaming and was released, pending trial, on
a Two Hundred and Fifty
Dollar bond posted by James BRASWELL and Thomas
BALLENGER.
State of TN vs. Isaac GIBBS}
Gaming
State of TN vs. Isaac GIBBS}
Defendant was arrested on
two counts of gaming and released, pending
trial, on a Two Hundred
and Fifty Dollar bond for each count. Bonds
posted by Thomas BALLENGER
and Thomas DURHAM.
State of TN vs. Henry WARD}
Malicious Shooting
Defendant and his counsel
appeared in court to answer charges of
malicious shooting.
Ordered by the Court that this cause be continued
until next term, whereupon,
defendant was released, pending trial, on a
Two Thousand Dollar bond
posted John W. HEAD.
State of TN vs. Richard COONS}
Assault and Battery
Defendant was arrested for
assault and battery and released, pending
trial, on a Two Hundred
and Fifty Dollar bond posted by Calvin BEASLEY
and J. M. SQUIRES.
State of TN vs. Michael SHOEMAKE}
Gaming
Defendant was arrested for
gaming and released, pending trail, on a
Two Hundred and Fifty Dollar
bond posted L. B. CRAIG.
State of TN vs. John L. RITTENBERRY}
Gaming
State of TN vs. L. J. RITTENBERRY}
State of TN vs. Thomas DURHAM}
Defendants were arrested
for gaming and each defendant was released,
pending trial, on a Two
Hundred and Fifty Dollar bond posted by Isaac
GIBBS and Thomas BALLENGER.
State of TN vs. James W. HUGHES}
Illicit Distilling
Defendant was arrested for
illicit distilling. The Attorney General
entered a writ of nolle
prosequi on condition that the defendant pay one
half of the court costs
in this suit. Ordered by the Court that the
defendant pay one half of
the court costs and the State of Tennessee pay
one half of the court costs
in this suit. Bond for defendant's one half
of the court costs posted
by James M. PARRIS.
State of TN vs. D. C. PATTON} Attempt
to Produce Abortion
Defendant and his counsel
appeared in court to answer charges of
attempting to produce an
abortion. Ordered by the court that this cause
be continued until the next
term of this court. Defendant was released,
pending trial, on a Two
Hundred and Fifty Dollar bond posted by J. M.
SQUIRES, Robert ENOCHS,
and Thomas BALLENGER.
State of TN vs. Fanny DOWELL} Disturbing
Public Worship
Defendant was arrested for
disturbing public worship and was
released, pending trial,
on a Two Hundred and Fifty Dollar bond posted
by Enoch ROLLINGS and Henry
HUBBARD.
State of TN vs. John UHLES} Gaming
Defendant was arrested on
four separate counts of gaming and was
released, pending trial
on each count, on a Two Hundred and Fifty Dollar
bond for each count.
Bonds were posted by Thomas BALLENGER, F. M.
THOMAS, and B. B. UHLES.
State of TN vs. John UHLES}
Carrying a Pistol
Defendant was arrested for
carrying a pistol and released, pending
trial, on a Two Hundred
and Fifty Dollar bond posted by Thomas
BALLENGER, F. M. THOMAS,
and B. B. UHLES.
State of TN vs. N. E. SMITH} gaming
Defendant was arrested for
gaming and released, pending trial, on a
Two Hundred and Fifty Dollar
bond posted by J. M. SQUIRES, Henry PIPER,
and Thomas BALLENGER.
State of TN vs. Squire HUNTER}
Selling Liquor Without
Oath or Bond
Defendant was arrested for
selling liquor without the required oath
or bond and was released,
pending trial, on a Two Hundred and Fifty
Dollar bond posted by W.
B. PETTY and N. E. SMITH.
State of TN vs. J. H. SMITH} Gaming
State of TN vs. J. H. SMITH} Carrying
a Pistol
Defendant was arrested on
two counts of gaming and one count of
carrying a pistol and was
released, pending trial, on a Two Hundred and
Fifty Dollar bond for each
count. Bonds posted by James BRASWELL and
Thomas BALLENGER.
State of TN vs. J. H. SMITH}
Came here in open court,
Marcellus MITCHELL, a State witness, and
Robert MITCHELL, his security,
and posted a Two Hundred and Fifty Dollar
appearance bond to give
evidence in the above case in behalf of the
State on a presentment against
J. H. SMITH, and others.
Pheraby BROWN, by next friend, William T. BROWN}
vs.
William T. HACKETT}
Slander
The parties agree to the
following compromise, to wit: Defendant
denies that he spoke of
the plaintiff the slanderous words imputed to
him, and that he knows nothing
against her chastity. Defendant agrees
to pay all court costs,
except only one half of the costs of witnesses.
Complainant agrees to pay
the other one half of the costs of witnesses.
State of TN vs. Martha J. MULLINS}
Assault and Battery
State of TN vs. Martha J. MULLINS}
Carrying a Pistol
State of TN vs. Martha J. MULLINS}
Keeping a Bawdy House
Defendant was arrested and
entered a plea of guilty to the above
charges. Court ordered
that defendant pay a fine of Five Dollars and
court costs for each count,
whereupon defendant entered a schedule of
her property and effects
and moved the Court to discharge her from
custody. It appearing
to the Court that the defendant has no property
or effects liable to execution,
the defendant was released from custody
of the Sheriff.
State of TN vs. James ALLISON}
Lewdness
State of TN vs. Polly MARLOW}
It appearing to the Court
that the defendants were arrested for
lewdness on the 9th day
of October 1871 and each defendant was released,
pending trial, on a Two
Hundred and Fifty Dollar bond posted Robert
ALLISON and P. C. EVERETT.
When neither the defendants, nor their
securities, appeared in
court when solemnly called it was ordered by the
Court that the securities,
Robert ALLISON and P. C. EVERETT forfeit the
amount of the two appearance
bonds.
State of TN vs. Martha SCOTT} Lewdness
Defendant was arrested for
lewdness. The Attorney General entered a
writ of nolle prosequi on
condition that the defendant pay all court
costs in this suit.
Bond for court costs was posted by Thomas
BALLENGER, G. J. CLEMENTS,
and Thomas WAGONER.
State of TN vs. Lafayette PUCKETT}
Selling Liquor Without
Oath or Bond
Defendant was arrested for
selling liquor without the required oath
or bond. The Attorney
General entered a writ of nolle prosequi on
condition that the defendant
pay all court costs in this suit. Bond for
court costs was posted by
John T. CULLOM.
Lewis S. BYBEE}
vs.
Divorce
Sarah Elizabeth BYBEE
This cause came on to be
heard on the 1st day of December 1871 and it
appearing to the Court that
the defendant at the time of the filing of
this Bill was a non-resident
of this State, or resided in parts unknown
to the complainant, and
that the order of publication has been duly made
in the Sparta Tribune, a
newspaper in this State, for more than four
consecutive weeks , the
last of which publication was made more than
five days before the siting
of this term of this Court, requiring the
defendant to appear before
this Court and answer the complainant's
petition, and that she has
wholly failed to appear or make any defense
thereto.
It is further ordered by
the Court that the said petition be taken
confessed against the defendant
and set for hearing ex parte as to her.
And the coming on to be further
heard before the Court upon the
petition, and judgment for
confessed, and proof, in the presence of the
complainant and his solicitor
on this the 1st day of December 1871. It
appeared to the Court that
the parties were lawfully married in Smith
County in the year 1861,
but after their marriage and before the filing
of the petition , the defendant
was guilty of adultery, in violation of
her marriage vows.
It further appeared that
the petitioner is a man of good character
and has not been guilty
of any breach of his marriage vows.
It is therefore decreed by
the Court that the bonds of matrimony
between the petitioner and
the defendant be dissolved and in the future
for nothing held, and that
he be restored to all the rights of a single
man, and that he pay the
costs of this suit.
State of TN vs. M. D. RAIFORD}
Forgery
Defendant was arrested for
forgery. The Attorney General entered a
writ of nolle prosequi on
condition that the defendant pay the costs of
this suit. Defendant
paid the costs.
Elizabeth MATHEWS}
vs.
Replevin
Jesse BEASLEY}
Jury found in favor of the
plaintiff and assessed the value of the
mare sued for at One Hundred
Dollars and the interest thereon to be
Three Dollars, and damages
by reason of retention of said mare to be Ten
Dollars, amounting in all
to be One Hundred and Thirteen Dollars. Court
ordered that the plaintiff
recover of the defendant One Hundred and
Thirteen Dollars and the
costs of this suit.
State of TN vs. Rome BEASLEY}
Carrying a Pistol
Grand Jury entered an indictment
against the defendant for carrying a
pistol. Court ordered
that a capias be issued.
State of TN vs. B. J. CARDWELL}
Gaming
State of TN vs. Thomas KING}
Grand Jury entered indictments
against the defendants for gaming.
Court ordered that a capias
be issued for each defendant.
State of TN vs. W. B. HEFLIN}
Drunkenness
Grand Jury entered an indictment
against the defendant for
drunkenness. Court
ordered that a capias be issued.
State of TN vs. James M. CALHOUN}
Forfeiture of
State of TN vs. W. B. PICKERING}
Bail Bond
Court ordered that the previous
order for the forfeiture of the bail
bond posted as security
for the appearance of Jerry BARTLETT (colored)
be set aside and that the
defendants assume the costs of this suit.
State of TN vs. M. A. L. GORDON}
Wanton Mischief
Grand Jury, with the exception
of C. C. FORD who was ruled
incompetent on account of
being related to the defendant, M. A. L.
GORDON, entered an indictment
against the defendant for wanton
mischief. Court ordered
that a capias be issued.
Abel SMITH}, Administrator of Elizabeth SMITH,
deceased
vs.
Alfred H. SMITH}
Replevin
Jury found the matter in
controversy in favor of the plaintiff, and
that the mare sued for is
the property of the plaintiff, and assessed
damages by reason of detention
of said mare to One Cent. Court ordered
that the plaintiff recover
of the defendant the said mare, the damages
of One Cent assessed by
the jury, and the costs of this suit.
State of TN vs. D. C. PATTON}
Attempt to Produce Abortion
Defendant was arrested for
an attempt to produce abortion. The
Attorney General entered
a writ of nolle prosequi on condition that the
defendant pay One Half of
the State's costs and all of his own costs.
Bonds for One Half of the
State's costs and all of the defendant's costs
were posted by Silas GENTRY
and James R. BRASWELL.
State of TN vs. Isaac GIBBS}
Gaming
Defendant was arrested on
four counts of gaming, entered a plea of
guilty on one count of gaming,
and was fined Ten Dollars and costs of
the suit. The Attorney
General entered writs of nolle prosequi on each
of the other three counts
of gaming on condition that the defendant pay
the court costs involved
with the other three counts. Bonds for the
fine and costs of one count,
and the court costs of the other three
counts were posted by William
GIBBS, Campbell GIBBS, and Thomas
BALLENGER.
State of TN vs. W. J. RITTENBERRY} Drunkenness
Defendant was arrested for
drunkenness, entered a plea of guilty, and
was fined Five Dollars and
costs of this suit. Court ordered that the
defendant be held in custody
of the Sheriff until the fine and costs
were either paid or secured.
State of TN vs. James ALLISON}
Lewdness
State of TN vs. Polly MARLOW}
When it appeared to the
court that more than two writs of capias for
each defendant had been
issued and returned "not found" it was ordered
that this cause be stricken
from the docket.
State of TN vs. W. J. RITTENBERRY}
Gaming
Defendant was arrested for
gaming, entered a plea of guilty, and was
fined Five Dollars and costs
of this suit. Court ordered that the
defendant be held in the
custody of the Sheriff until the fine and court
costs of this suit is paid
or secured.
State of TN vs. James ANDERSON}
Murder
State of TN vs. James B. GARRETT}
(alias Benjamin GARRETT)
The Grand Jury returned
a Bill of Indictment against the defendants
for murder, in the words
and figures, to wit:
State of Tennessee
Smith County
That James ANDERSON and
James B. GARRETT, alias Benjamin GARRETT, on
the 15th day of March in
the year of our Lord, One Thousand Eight
Hundred and Seventy Two,
in the County and State aforesaid, in and upon
one James A. BRADLEY, in
the peace of God and of said State, then and
there with a certain knife
in their hands then and there had and held
unlawfully, feloniously,
willfully, maliciously, deliberately,
premeditatedly, and of their
malice aforethought, did make an assault,
on him the said James
A. BRADLEY, with the knife aforesaid, so had and
held aforesaid, then and
there did cut, stab, and penetrate, inflicting
then and there with the
knife aforesaid, so had and held as aforesaid
in and upon the head, breast,
body, thighs, legs and arms of the said
James A. BRADLEY, divers
mortal wounds of the depth of six inches and of
the breadth of two inches,
of which mortal wounds the said James A.
BRADLEY then and there did
instantly die.
And so the Jurors aforesaid,
upon their oath aforesaid, do say that
the said James ANDERSON
and James B. GARRETT, alias Benjamin GARRETT,
the said James A. BRADLEY,
in manner and form and by the means
aforesaid, feloniously,
unlawfully, willfully, maliciously,
deliberately, premeditatedly,
and of their malice aforethought, then and
there did kill and murder
in the first degree, against the peace and
dignity of the State.
Second Count:
And the Grand Jurors aforesaid, on their oath
aforesaid, do further present
the said James ANDERSON and James B.
GARRETT, alias Benjamin
GARRETT, on the said 15th day of March, 1872,
A.D., in the County and
State aforesaid, with certain sticks, rocks,
clubs, bludgeons, weights,
slung shot, and other deadly weapons to the
jurors unknown, in their
hands then and there held in and upon one James
A. BRADLEY, in the peace
of God and of our State, then and there being
unlawfully, feloniously,
willfully, maliciously, deliberately,
premeditatedly, and of their
malice aforethought, did make an assault on
him, the said James A. BRADLEY,
with the weapons aforesaid, then and
there had and held as aforesaid,
then and there did strike, penetrate,
bruise, mash, cut, and wound,
inflicting then and there and thereby,
with the sticks, rocks,
clubs, bludgeons, weights, slung shot, and other
weapons aforesaid to the
Jurors unknown as aforesaid, in and upon the
head, breast, body, thighs,
legs and arms of him the said James A.
BRADLEY divers mortal wounds
of the depth of six inches and of the
breadth of four inches,
of which mortal wounds he the said James A.
BRADLEY then and there instantly
died.
And so the Jurors aforesaid,
upon their oath aforesaid, do say that
the said James ANDERSON
and James B. GARRETT, alias Benjamin GARRET, the
said James A. BRADLEY, in
manner and form and by the means aforesaid,
unlawfully, feloniously,
willfully, maliciously, deliberately,
premeditatedly, and of their
malice aforethought, then and there did
kill and murder in the first
degree, against the peace and dignity of
the State.
/s/ Geo. H. MORGAN, Attorney General, 5th Circuit
Upon the back of said indictment,
endorsed as follows: Murder, The
State vs. James ANDERSON
& James B. GARRETT, alias Benjamin GARRETT
Indictment: James S. BRADLEY, Prosecutor
Summoned for the State:
P. G. DILLARD, Dr. Henry B. HAGREY, Dr. Joshua
STONE, Polk GARRETT (colored),
Robert BRIDGES, and Charles NIXON.
/s/ Geo. H. MORGAN, Atty. Gen'l., 5th Circuit
State of TN vs. Robert ENOCH}
Assault and Battery
Defendant was arrested for
assault and battery, entered a plea of
guilty, and was fined Twenty
Dollars and costs of this suit. On plea of
defendant the fine was reduced
to Ten Dollars, whereupon, the defendant
paid the fine and court
costs.
State of TN vs. Barbara HUGHES}
Lewdness
Defendant was arrested for
lewdness, The Attorney General entered a
writ of nolle prosequi on
condition that the defendant pay the costs of
this suit. Bond for
court costs was posted by William CARDWELL.
State of TN vs. Nelson E. SMITH}
Gaming
Defendant was arrested for
gaming and released, pending trial, on a
Two Hundred and Fifty Dollar
bond posted by H. C. McDONALD and Thomas
BALLENGER.
State of TN vs. J. H. SMITH}
Gaming
Defendant was arrested on
two separate counts of gaming on
Presentment Numbers 8 and
39, entered a plea of guilty on each count,
and was fined Fifty Dollars
and court costs on each count. On motion of
the Attorney General the
Court ordered that the defendant remain in the
custody of the Sheriff until
Five Dollars of each fine and court costs
of each suit is secured
and that he give security for his appearance at
the next term of this court
to pay, or secure, the balance of the two
fines. Bonds for Five
Dollars of each fine and court costs for each
suit, plus a Two Hundred
and Fifty Dollar appearance bond for each count
of gaming were posted by
E. W. TURNER and L. B. CRAIG.
State of TN vs. J. H. SMITH}
Gaming
Defendant was arrested on
four separate counts of gaming on
Presentment Numbers 24,
27, 30, and 31 and on motion of the Attorney
General it was considered
by the Court that the State of TN pay One Half
of the court costs of these
four suits.
State of TN vs. J. H. SMITH}
Carrying a Pistol
Defendant was arrested for
carrying a pistol and on motion of the
Attorney General it was
considered by the Court that the State of TN pay
One Half of the costs of
this suit.
State of TN vs. James BRASWELL}
Gaming
Defendant was arrested for
gaming on Presentment No. 32. The
Attorney General entered
a writ of nolle prosequi on condition that the
defendant pay the costs
of this suit.