This book is in the clerk of court's office. It is not clear how the decision was made to enter cases in this record, since a comparison with the circuit court order book shows additional cases there.
Most of the cases fall into two categories: personal violence or debt. Thus the first three cases are collections, and the next seven are assault and battery or affray. But other matters of special interest to genealogists occasionally surface, such as divorces, failure to file marriage returns, and estate settlements. Especially colorful are the slander cases.
I have tried to include everything that I thought would be of genealogical or historical value. That includes the names of everyone mentioned in the case, whether as plaintiff or defendant or witness or juror. The book has no page numbers. Instead, each case is designated as a "roll."
Thomas D. Hamm
Roll 1. April 7, 1823. David Jones v. William Martindale & John Paxton. Breach of covenant. On Jan. 15, 1821, in Henry Co., defendants gave bond to pay $85 by April 1, 1821. Plaintiff asks $150 damages. Richard Haley bail for Paxton. Judgment for plaintiff for $90.16.
Roll 2. Nov. 17, 1823. Alexander Grimes v. William Hues/Hughes. Grimes assignee of Samuel Jacobs assignee of Nathan Chaney. Hughes made covenant June 5, 1820, in Henry County by mark to pay Chaney $70 "in current bank paper" by Jan. 1, 1821. On June 6, 1820, Chaney assigned the note to Jacobs, and on June 25, Jacobs assigned the note to Grimes. Judgment for plaintiff for
Roll 3. April 5, 1824. Mary Ball, executrix of Reuben Ball, decd., v. Abraham Heaton. Heaton filed transcript of judgment against him on April 30, 1823, by James Johnston, J.P. On Aug. 12, 1823, Ball and Heaton appealed by counsel, case continued. Nov. 17, 1823, Mary Ball showed that Reuben Ball was deceased and was given standing to continue the cause. Court finds for Ball and orders $4 damages.
Roll 4. April 1824. State v. Nixon. Charge filed Nov. 17, 1823, Caleb Nixon, labourer, of Henry Co., committed assault & battery against Peter Dille. Found guilty, fined $1.
Roll 5. April 1824. State v. Benjamin Nichols, laborer. Charge filed Nov. 17, 1823, that on Mar. 1, 1823, Nichols committed assault & battery against William Hughes. Found guilty, fined $1.
Roll 6. April 1824. State v. Caleb Nixon. Charge filed Nov. 17, 1823, that on Aug. 5, 1823, Nixon committed assault & battery against George Wisehart. Jury: John Coplin, John McDonall, George Handly, Micajah Lewelling, Christopher Mane, Samuel Louthain, Benjamin Ball, Moses Brown, Jacob Wood, David Bailey, Prosper Nichols, & John K. Nutt. Found guilty, fined 6 ¼ cents.
Roll 7. April 1824. State v. Charles B. Finch. Charge filed Nov. 17, 1823, that on Aug. 5, 1823, Finch, labourer of Henry Co., committed assault & battery on Benjamin Nichols. On Dec. 31, 1823, Philo Russell posted bond. Finch pleaded guilty, filed $1 and costs.
Roll 8. April 6, 1824. Charge filed on Nov. 17, 1823, against Bryan Fannon, labourer, & Thomas Wisehart, labourer, for affray committed Oct. 17, 1823. James Dunbar posted bail for Fannon and Laban Nation for Wisehart. Court finds both guilty and fines them $2.
Roll 9. April 6, 1824. State v. William Hughes, labourer, & Benjamin F. Nichols, labourer. Charge filed Nov. 15, 1823, for affray committed on Aug. 17, 1823. Court finds both guilty & fines them $3 and costs.
Roll 10. State v. Caleb Nixon. Charge filed Nov. 17, 1823, against Nixon, labourer, for assault & battery on Peter Dils. Plea, not guilty; convicted & fined $3 and costs. [Same as Roll 4?]
Roll 11. Same as Roll 9.
Roll 12. April 11, 1825. John Conner survivor of Arther Dixon v. Abraham Heaton. Trespass. On April 26, 1822, Heaton, in Henry Co., gave bill for $51.50 due in 1 month. On June 29, 1822, gave bill for $44.51 ½. Postponed from Nov. 1824 term because of absence of judge. Judgment for plaintiff.
Roll. 13. April 11, 1825. Samuel Vance v. Abram Heaton, debt. Claim of $56. Court fines for Vance and awards $2.25 charges.
Roll. 14. April 11, 1825. William Conner v. Abraham Heaton, debt. Claim of $94.44 on debt made July 8, 1824, in Henry Co. Court finds for Conner and awards $2.25 charges.
Roll. 15. April 11, 1825. Benjamin Nichols v. Samuel Stinson, trespass. Complaint filed April 5, 1824, that on Feb. 17, 1824, Stinson committed assault & battery on Nichols "with his fist and also with a certain stick" and so Nichols was "greatly bruised and wounded and became and was sick sore lame and disordered." Asks damages of $200. Jury: William Morris, Hugh Carrol, Benjamin Dennis, William Riden, Thomas Porter, Richard Ratliff, Thomas Powel, Absolom Hiatt, Jonathan Pearson, and George See. Find damages of 1 cent.
Roll 16. April 11, 1825. Benoni W. Finch v. Catherine Drew and Robert John, in chancery. In Aug. 1821 Finch wanted to enter east half of northeast quarter of section 9 township 17 range 10 east. Borrowed $43 from Isaac R. Finch on order on William C. Drew. Drew said that he had collected nothing for Isaac R. Finch, but would lend Benoni W. Finch $43 on condition that Finch pay $30 interest and put land in Drew's name. In fact, in Drew had collected in March 1821, $123.22 for Isaac R. Finch. Aug. 15, 1821, Drew gave bond to make deed to Benoni W. Finch on receipt of $73. Drew resided at Brookville. On Oct. 5, 1821, Benoni W. Finch found Drew in last illness. Drew subsequently died, leaving daughter Catherine and Robert John as administrator of estate. Finch now wants deed for land. Report made in March 1823 by the sheriff of Franklin Co., Ind., that Catherine Drew was not a resident, but that William C. Armstrong of Harrison Co., Ind., was her guardian. Court orders that Finch receive deed for land.
Roll 17. April 12, 1825. John Mansfield v. George Handley. Handley appeals judgment by Samuel Louthain, J.P. Court finds for Handley.
Roll 18. April 13, 1825. Benjamin Gordon v. Joseph Hobson, appeal of J.P. verdict. Court finds for Hobson.
Roll 19. April 13, 1825. Asahel Woodward, supervisor, appellee, v. Moses Finch, Sr., appellant, On May 1, 1823, Finch filed transcript of judgment against him by John Dorrah, J.P. Case continued Nov. 17, 1823. Order plaintiff take nothing.
Roll 20. April 13, 1825. State v. Charles See. In April 1824, charged with assault & battery on Richard Hueston on Nov. 17, 1823. Henry Garner posts bail. Pleads guilty, fine 50 cents.
Roll 21. April 1825. State v. Charles See. Charged with assault & battery on Jacob Burkit on Nov. 17, 1823. Henry Garner posts bail. Pleads guilty, fine 50 cents.
Roll 22. Oct. 1825. State v. Abraham Heaton, yeoman. Charged with assault & battery on Christian Fout on Aug. 16, 1824. Samuel Batson security for Heaton. Jury: Michael See, Thomas Fletcher, David Byrket, James Fort, Brice Dilla, Solomon Byrket, Daniel Harding, William Huff, William Owen, Samuel Louthain, Benjamin Branscum, Eli Row. Found guilty, fine $1 and costs.
Roll 23. Oct. 11, 1825. Moses Allis v. Benjamin F. Nichols & wife Sylvia, slander. Court dismisses Sylvia Nichols as defendant. Allis charges that Benjamin F. Nichols told William Snethen that Allis had stolen a hog, "went about telling he is a hog thief and stole a bull and shovel plow and stole and killed Judge Long's hogs." Jury: Brice Dilla, James Fort, Joseph Watts, Joseph Fort, William Huff, Eli Roe, Benjamin Branscum, Daniel Burket, Solomon Burket, Daniel Harding, William Owen, Thomas Fletcher. Jury finds for Allis and sets damages at $30.
Roll 24. Oct. 3, 1825. Daniel Heaton v James Johnston, Joseph Watts, & Ede Harding, malicious prosecution. Defendants accused Heaton, laborer, of perjury in case of Ball v. Heaton. Ebenezer Goble a witness. Heaton was indicted, quashed at April 1824 term of court. Heaton asks $5,000 damages. Jury: William Morris, Hugh Carrol, Benjamin Dennis, Samuel Stafford, George See, William Riden, Absalom Hiatt, Jonathan Pearson, Thomas Porter, Richard Ratliff, Mesheck Lewelling, George Hobson. Verdict: Johnston and Watts guilty, Harding not guilty. Johnston to pay $30 and Watts $2.50. Heaton then withdrew charge against Johnston.
Roll 25. Oct. 3, 1825. Edward Newton v. Jesse H. Healey, trespass. On Nov. 27, 1823, Newton paid Eli Redman $110 for a stud horse. Horse was not sound and cost $75 to cure. On Dec. 12, 1823, Newton sued Redman. Healey, sheriff, failed to secure Redman's person. Jury: Daniel C. Priddy, Ebenezer Goble, Hugh Carrol, John Baker, Robert Thompson, George Hedrick, John Marshel, John Whittiker, Sr., John Whittiker, John Isham, Joel Long, & Jacob Tharp. Find for defendant.
Roll 26. Oct. 1825. Edward Newton v. Eli Redman, trespass. Facts as in Roll 25. Jury: Daniel C. Priddy, William McDowell, Anthony Boggs, Jesse Dailey, Joseph Watts, Charles B. Finch, Hugh Carrol, Robert Gorden, Joseph Craff, Shaphat McCray, Thomas Wadkins, & William Shannon. Find for Newton and award $75.
Roll 27. Oct. 1825. Abraham Heaton v. John Anderson, debt. Anderson appeals judgment by James Johnston, J.P. Court finds for Heaton.
Roll 28. Oct. 5, 1825. Timothy Adkins, appellee, v. Thomas Baldridge, appellant. Baldridge appeals judgment by Samuel Louthain, J.P. Court finds for Adkins.
Roll 29. Oct. 3, 1825. Kinchen Ivy, appellee, v. Miles Murphey, appellant. Murphey appeals judgment by James Gilmore, J.P.
Roll 30. April 6, 1826. John Mansfield v. George Handley, trespass. On Aug. 4, 1825, in Wayne Co., Handley told Daniel Sims and others that "John Mansfield is a damned rogue and a damned hog thief and I can prove it." He also told Abel Johnson: "John Mansfield is a hog thief and stole hogs and I can prove it." Asks $2000 damages. Jury: Thomas R. Stanford, Calvin Russell, Jacob Witter, Jacob Hill, Thomas Huston, Joseph Craft, Arnold Drury, Watson Roe, Matthew Elliott, John Blunt, Jacob Richey, Joseph R. Leakey. Find for Mansfield; damages $2.65.
Roll 31. April 3, 1826. Christian Fout v. Abram Heaton, appeal. On June 14, 1825, William Sherman, acting J.P., gave a judgment of $9.74 against Heaton. Jury: Joseph Fort, James Fort, Eli Row, Benjamin Branscum, Solomon Burkett, Daniel Harding, David Burket, Michael See, William Huff, Thomas Fletcher, William Owen, Brice Dille. Find for Heaton.
Roll 32. April 3, 1826. Abner Cloud v. James Johnston & Robert D. Johnston. A. Heaton, J.P., awarded Cloud judgment of $19.50, $1.25, and $1.35 cash against Johnstons, and ordered Shaphat McCray, constable of Wayne Twp., to levy on goods and chattels. They proved insufficient to satisfy judgment and Cloud asks to levy on land.
Roll 33. April 1826. State v. Jesse H. Healey & John Stinson, affray. Charge that Dec. 23, 1825, Healey and Stinson, both laborers of Henry Co., engaged in affray. Court finds guilty and fines $4.
Roll 34. April 1826. State v. James Gilmour, laborer, assault & battery. Charge assault Mar. 25, 1826, on Enoch Dent. Court finds guilty & fines $4.
Roll 35. April 6, 1826. State v. Nathan Crawford & George Tucker, affray. Charge that Nov. 8, 1825, Crawford and Tucker, both laborers, engaged in affray. Court finds guilty & fines 50 cents.
Roll 36. Oct. 5, 1826. Jesse H. Healey v. Robert Hill, in chancery. In Aug. 1821 Healey wanted to buy west half of northeast quarter of section 10 Township 17 Range 10 East. He had but $15 and needed an additional $85, so went to Hill in Wayne Co. Hill agreed to purchase land on condition that he put the land in Hill's name, and then Hill would make a deed to Healey. Land entered in July 1822. Healey charges that Hill reneged and now wants $250 for the land. On Jan. 30, 1823, a writ was issued to Hill to appear. Hill responds that the agreement was that Healey would buy the land for Hill's brother. Court dismisses with costs.
Roll 37. Oct. 5, 1826. Jacob Parkhurst v. James Johnston and Asa Newton. Bill in chancery for injunction. Parkhurst a resident of Henry Co., Newton of Butler Co., Ohio. In Dec. 1824 Newton received a judgment of $68.49 against Parkhurst from James Johnston, J.P. of Wayne Twp. Parkhurst paid Johnston. Johnston resigned office and was replaced by John Freeling without entering the satisfaction by Parkhurst on his docket. So Shaphat McCray levied on Parkhurst's property and refuses to receive his receipt. Parkhurst enters bond of $200 with Thomas R. Stanford and Joseph Craft, security.
Roll 38. Oct. 5, 1826. William Stansbury v. Prudence Jackson, John Anderson and wife Nancy, Asa Grewell and wife Malinda and the heirs and representatives of Daniel Jackson, decd. William Stansbury is the son of Prudence, who married Daniel Jackson. In 1810 or 1811 Stansbury, aged about 15, came to Indiana Territory with Jackson. Jackson "followed farming" and until June 1823 Stansbury worked for him without receiving any education. In return, Jackson agreed to enter 80 acres of land for Stansbury-did so in Feb. 1823, the east half of the northeast quarter of section 23 township range 9 east. In June 1823 Jackson gave Stansbury possession of the land. Jackson died Sept. 18, 1823, without making a deed. Jackson's nuncupative will does not mention the land. Jackson's heirs, in addition to above, are Mila, James, Salla, Eliza, Polly Lucinda, Patsey Mary, Betsey Cosena, John Harrison, and Daniel Jackson. Court finds for plaintiff and orders deed made for land. [Marriage bond for Daniel Jackson & Prudence Stanberry in Wilkes Co., N.C., Nov. 8, 1807]
Roll 39. Oct. 5, 1826. State v. William Hughes laborer, assault & battery. Charge assault on Jesse Parsons, Sept. 20, 1826. Court finds guilty and fines $1.
Roll 40. Oct. 1826. State v. John Rayburn, laborer, assault & battery. Charge on James Gilmore, May 20, 1826. Pleads guilty, fined $1.
Roll 41. Oct. 5, 1826. State v. John Rayburn, obstructing legal process. Charge that on May 20, 1826, committed assault & battery on Anthony Boggs, who was serving execution on James Gilmore. Court finds guilty, fine $20.
Roll 42. Oct. 5, 1826. State v. Anthony Boggs, labourer, assault & battery on John Rayburn, May 13, 1826. Court finds guilty, fine $1.
Roll 43. Oct. 5, 1826. State v. Jesse H. Healey, yeoman, lewdness. Charge "unlawfully wickedly deliberately and willfully exposing and exhibiting his private parts in a most indecent posture." Anthony Boggs and William Bundy securities for $100. Pleads guilty, fined $10.
Roll 44. April 1827. State v. Anthony Boggs, assault & battery. Charge assault June 15, 1826, on William Moore. Court finds guilty, fine $1.
Roll 45. April 1827. State v. Jesse Parsons, labourer, gaming. On Sept. 15, 1826, "by playing with cards, at a certain game called Seven-up with one Barton Pearson, yeoman" won a watch valued at $4. Bazel Meek security. Parsons pleads not guilty. Court convicts, fine $6.
Roll 46. April 1827. State v. Nathan Crawford, assault & battery. Charge assault July 1, 1826, on Anthony Boggs. Pleads guilty, fine $1.
Roll 47. April 9, 1827. State v. John Ward, affray with John Dennend. Fought by mutual consent on March 23, 1827. Court finds guilty, fine 50 cents.
Roll 48. April 9, 1827. State v. James Denend, same as Roll 47. Fine $1.
Roll 49. April 9, 1827. State v. James Jones, yeoman, affray, Feb. 6, 1827, with John Wyley. Pleads guilty, fine $1.
Roll 50. April 9, 1827. State v. James Jones, yeoman, assault & battery, Feb. 6, 1827, on Ezekiel Morgan. Court finds guilty, fine $1.
Roll 51. April 9, 1827. State v. James Denend, assault & battery, Mar. 23, 1827, on John Ward. Court finds guilty, fine $1.
Roll 52. April 9, 1827. Samuel R. Miller & Sarah Long, administrator of the estate of Herman Long, decd., v. Hugh Carrol. Long late of Cincinnati. On April 30, 1827, Carrol made a note to pay Long a debt of $1,200 in 6 months. Plaintiffs ask repayment and $300 damages. Asahel Woodward security for Carrol. Court finds for plaintiffs and awards $622.
Roll 53. Oct. 8, 1827. State at relation of H. Bussey v. William Shannon and Thomas Watkins, debt. Defendants, with John Dorrah, decd., and James Gilmore gave bond for Gilmore to serve as J.P. Gilmore collected $26.50 from Obediah R. Weaver and Nathan Lewis for Bussey, but did not pay to Bussey. Gilmore was a resident of New Castle. Isaac Bedsaul is security for defendants. Court finds for Bussey.
Roll 54. Oct. 8, 1827. Jesse Munden v. Lewis Tacket, breach of covenant. On April 1, 1827, Lewis Tacket and wife Mary sold to Munden for $200 military bounty land in Illinois, the southwest quarter of section 8 Township 1 North Range 5 West. Suit withdrawn by plaintiff.
Roll 55. April 1828. Pleasant Standley and wife Mary v. James Alexander and wife Catherine, trespass. Charge that Catherine Alexander said that Mary Stanley stole 75 cents worth of muslin and ribbon from her and that Alexander said "she has been a thief ever since she was kittened and is now a thief." Asks damages. Catherine Alexander admits, "The words were spoken in the heat of blood."
Roll 56. April 14, 1828. State v. Joseph Craft, extortion. Charge that on Dec. 15, 1826, Craft, collector of taxes, took from Joshua Hardman, yeoman, 12 ½ cents not owed. Pleads guilty, fine $1.25.
Roll 57. Oct. 13, 1828. David Warren v. Orr Scofield, James Scofield, and John Scofield. On Feb. 2, 1827, Orr Scofield and wife Lydia sold 80 acres of land to Warren for $130, acknowledged before Jesse Dailey, J.P. Warren took possession and has improved the land, which is now his sole home. Orr Scofield entered land in name of sons James and John, aged under 8 years. Now threatens to eject Warren. Court finds for Warren and orders deed made.
Roll 58. Oct. 1828. State v. Armsteat Watkins, assault & battery. Charge assault Dec. 10, 1827, on William Boughn, otherwise called William Brown. Jury: Peter Crum, John Reese, John Sheriden, Patrick Bonar, Samuel D. Wells, Evan B. Hobson, John Odam, Andrew Byrket, Aaron Maxwell, James Templeton, Charles Smith, Jacob Hill. Found guilty, fined 6 ¼ cents.
Roll 59. Oct. 1828. State v. Ashberry Wood, assault & battery, Feb. 1, 1828, on Timothy Atkins. Court finds guilty and fines $1.
Roll 60. Oct. 1828. H. Bussey v. William Shannon and Thomas Watkins. Asks execution of judgment in Roll 53.
Roll 61. Oct. 1828. State v. John Rumbley, assault & battery, Charge assault May 10, 1828, on Abel Nation. Court finds guilty, fine $1.
Roll 62. State v. Allen Bowen, assault & battery. Charge assault Aug. 3, 1828, on Henry Everit. Pleads guilty, fine $1.
Roll 63 and 64. Oct. 1828. State v. Thomas Ginn, yeoman, and Joseph Craft, innkeeper, affray, July 19, 1828. Court finds guilty, fine $1.
Roll 65. Oct. 1828. State v. Nathan Crawford and Anthony Boggs, affray and assault & battery, June 15, 1828. Elisha Long posts bond for Boggs. Defendants plead not guilty. Same jury as Roll 58. Verdict not guilty.
Roll 66. April 1829. Evan B. Hobson and Stephen and Elizabeth Elliott, formerly Hobson, petition for partition. On Oct. 8, 1827, plaintiffs filed petition for partition of the land of the late Joseph Hobson: east half of northeast quarter of section 21 and west half of the northwest quarter of section 22 township 17 north range 10 East. Each entitled to one sixth. Other heirs are William Hobson; Arkey, wife of Allen McLin; Mary Hobson, minor; and Jane, Margaret, Jesse, and Sally Maria Hobson, minor children of Cornelius Hobson, decd. Court orders partition by Thomas R. Stanford, Asahel Woodward, and John Blunt, commissioners.
Roll 67. April 13, 1829. Jacob Wood v. Samuel Pickering's heirs, petition for a commissioner to convey land. On Aug. 1, 1823, Pickering sold to Wood, for $85, a lot of 34 acres as soon as patent could be obtained and gave bond for performance. Pickering died without executing deed. Abraham Elliott appointed commissioner to make deed.
Roll 68. April 13, 1829. Abner Pickering and Reece Ridgway v. Jesse Rose. Plaintiffs own northeast quarter of section 7 township 16 north range 10 east and want to erect a gristmill and carding machine on Blue River. They need to erect a dam and fear that the dam will cause overflow onto Rose's land. Ask for valuation of probable loss. Jury: Thomas Ginn, Jacob Housten, Absalom Harvey, William Bundy, John Blount, Hugh McDonald, John Dougherty, Samuel Conley, Jacob Thornburgh, Nathan Crawford, Benjamin Harvey, George Hedrick. Set damages at $10.
Roll 69. April 13, 1829. Joel Long v. Samuel Brandon, slander. Long alleges that on Feb. 12, 1829, Brandon said: "I put some corn in a barrel and Joel Long stole it." Asks $1000 damages. Jury: Matthew McKinney, Benjamin Wisehart, Thomas Adison, Moses Wayman, John Whitaker, Stephen Coary, Joseph Ratliff, Jacob Witter, Elijah Hardin, John Proctor, John Wick, James Forkner. Jury finds for plaintiff and awards $25 damages.
Roll 70. April 13, 1829. Timothy Adkins & wife Milly v. Thomas Ray and wife Martha, trespass-slander. On Sept. 7, 1828, at a J.P. trial before Moses Robertson of Liberty Township, State v. Ira Main, when Milly Adkins testified as a witness for the state, Martha Ray said: "Don't be standing there lying. You are lying and I can prove it." Jury: Matthew McCinney, Stephen Coary, James Rozell, Benjamin Wisehart, Thomas Adison, John Wick, Elihu Davis, George Evans, Elijah Harlan, John Whitaker, Nathan Hunt, Joseph Ratliff. Jury finds for plaintiffs and awards damages of $1.
Roll 71. April 14, 1829. State v. James Wilson, yeoman, assault & battery. Charge assault on James Downing, Oct. 10, 1827. Court finds guilty, fine $1.
Roll 72. April 1829. State v. Allen Bowen and Reuben Jennings, lewdness. Charge that on Sept. 10, 1828, both men "exposed their private parts." Plead not guilty. Jury: Nathan Hunt, John Proctor, Elijah Harlan, John Whitaker, Stephen Coary, Benjamin Wiseheart, Thomas Addison, Joseph Ratliff, Matthew McKinney, James Forkner, John Wick, Jacob Witter. Bond set at $10. Anthony Boggs security for Bowen and Amos Gough and Wesley Goodwin security for Jennings.
Roll 73. Oct. 1829. State v. Thomas Ginn, retailing without license. Charge that on April 13, 1829, Ginn sold 1 quart of whiskey to Wesley Goodwin; on March 1, 1829, 1 quart to Reuben Jennings; on Mar. 10, 1829, 1 quart to Charles B. Finch; and on March 20, 1829, one quart to an unknown person. Pleads guilty, fine $8.00.
Roll 74. Oct. 1829. State v. Henry Warren. Charge that Warren, yeoman, of Henry Co., gave a false list of his taxable property in April 1829, omitting 1 horse. Andrew Blount security. Pleads guilty, fine $5. David Warren bail.
Roll 75. Oct. 1829. State v. David Warren, yeoman. Charge that on April 1, 1829, Warren, of Henry Co., gave a false list of taxables to James Forkner, omitting 1 horse. James Warren security. Pleads guilty, fine $5. Henry Warren bail.
Roll 76. Oct. 1829. State v. William Dixon, laborer. Charge that on Aug. 8, 1828, Dixon assaulted David Miller. Pleads guilty, fine $1.
Roll 77. Oct. 1829. Jonas Pickering v. Heirs and Devisees of Samuel Pickering. Samuel was owner of the east half of the southwest quarter of section 31 range 9 east township 17 torth; Jonas owned the west half of the quarter. Samuel wanted to plant an orchard, but had no spot on his land, so on Dec. 16, 1822, he exchanged 4 acres at his southeast corner with Jonas, but died in 1826 after making a will but without making a deed. The will provided that the land was to be possessed by his widow Phebe Pickering; Jacob Wood was executor. If she remarried, then the land was to be divided among his children Hiram, Hester, Susannah, Samuel, Phebe Ann, Mary, and Leah, whose guardians are Jonas and Phebe Pickering and Jacob Wood. Defendants do not contest; deed ordered made.
Roll 78. Oct. 1829. Infant heirs of Ewel Harding v. James Johnston & George Hobson. Hiram Harden, age 15, and Irvin Harden, age 12, are infant heirs of Ewel Harden, who died intestate in Sept. 1822 in Henry Co., "being possessed of a very considerable real and personal estate." James Johnston was appointed administrator with George Hobson and Jesse H. Healey as securities. Widow mentioned but not named. Johnston made sale but kept proceeds; also retained some personal property, from which he has paid his own debts and now pretends that the estate has few assets. Mentions Ephraim Reece, J.P. in Fayette Co. In April 1829, the sheriff reported that he did not find Johnston in Henry Co., but did produce Hobson. The sheriff of Wayne Co. was then ordered to produce Johnston. Defendants default and ordered to pay $31 and costs.
Roll 79. Oct. 1829. William Hill v. Elizabeth Hill, divorce. William Hill a resident of Henry Co. Was married in April 1826 in Gallia Co., Ohio, to Elizabeth Washburn. She delivered a female child in May 1827. They moved to Henry Co. for two years. There she committed adultery with "Robert Weimer and divers other persons." She has eloped with Weimer and her whereabouts are unknown. Divorce granted.
Roll 80. Oct. 1829. Ezekiel Leavell v. William Dixon, trespass. Dixon accused Leavell of stealing a hog. Leavell charges slander and asks $2,000 damages. Dixon pleads not guilty. Jury: Enoch Dent, William Templeton, Michael Swope, John Swafford, John Powell, John P. Johnson, Robert Boyd, Michael Conway, Isaac Rhinehart, Jonathan Reeder, John Ball, John P. Cole. Find for plaintiff and award $25.
Roll 81. Oct. 1829. Moses Allis v. Henry Everett, trespass. Allis charges that Everett assaulted him "so much that his life . . . was endangered." Asks $200 damages. Everett responds that Allis "was about to brake down the fence and enter into a certain close of this defendant and take and carry off the wheat and other grain." Everett "only gently laid his hands upon the defendant." Jury: Thomas Leonard, John P. Colburne, William Templeton, Michael Swope, John Powell, Jonathan Reeder, Jeremiah Conway, Samuel Rineheart, John Ball, John P. Johnson, Enoch Dent, Robert Boyd. Find for plaintiff and award $7.50.
Roll 82. Oct. 1829. State v. Thomas Ginn, yeoman, assault & battery. Charge assault and battery Sept. 6, 1829, on Charles Jameson. Pleads guilty, fine $12. Solomon Brown, security.
Roll 83. March 1830. State v. John Stinson, affray. Charge on July 29, 1829, committed affray "by agreement" with Henry Everit. Pleads not guilty. Jury: John Freeland, Asahel Woodward, John Whitaker, Ebenezer Goble, Joseph G. Cooper, Elisha Long, Solomon Brown, William Shannon, John S. Cooper, Samuel Forgeson, John Copeland Sr, Elisha Shortridge. Find guilty, fine $1.
Roll 84. March 1830. State v. John Medaugh. Charge assault & battery with intent to rape, March 4, 1840, on Katharine Mundane. Jury same as roll 82 except Moses Brown in place of John Whitaker. Find not guilty on assault & battery, guilty of attempted rape. Fine $100 and to serve 10 days in gaol.
Roll 85. March 1830. State v. John Wiley, assault & battery. Charge, assault & battery Aug. 12, 1829, on Seth Lowe. Pleads guilty, fine $1.50.
Roll 86. March 1830. State v. Henry Everit. Same as roll 83. Pleads guilty, fine $1.
Roll 87. March 1830. State v. John Felton, laborer, and Robert Felton, laborer. Charge, assault & battery March 19, 1830, on James Galloway. Pleads guilty, fine $2.
Roll 88. March 1830. Josiah Keen, assignee, v. George See, debt. Josiah Keen, assignee of Moses Keen assignee of John Keen. On July 20, 1822, See promised to pay John Keen $100 on Dec. 25, 1822, witness Elihu Ellis. On July 10, 1824, John Keen endorsed the note to Moses Keen, witness Robert Miller. On Oct. 12, 1829, Moses Keen endorsed the note to Josiah Keen. On Feb. 26, 1830, Millington McKow went security for See. Court finds for See.
Roll 89. March 1830. Jesse Beard v. Rene Julian, debt. On Sept. 4, 1829, Beard filed plea of debt of $106 against Samuel Howard and Absalom Harvey, administrators of Julian's estate. Note was made Jan. 8, 1828, due in 12 months. Julian died in 1828. Find for plaintiff and award $14 interest.
Roll 90. March 1830. Hiram Burch v. Aseneth Burch, divorce. He married Aug. 1827 in Rush Co, Aseneth Polk. She "betook herself to all kinds of lewdness adultery and fornication" and abandoned him in Jan. 1828. She now "lives in the commission of adultery and fornication." Summons issued Feb. 1830 to Aseneth Burch in Hancock Co. No response. Divorce ordered.
Roll 91. March 1830. Charles Jamison v. Thomas Ginn, trespass on assault & battery. Charges that on Sept. 6, 1829, twice Ginn whipped Jamison with a rawhide, putting him in bed for 10 days. Ginn pleads not guilty. Jury: Aaron Houghman, Benjamin Cady, Jesse H. Healey, John Harris, Stephen Elliott, John Roswell, John Whitaker Sr., George H. Hobson, Eli Shelley, John Whitaker Jr., John Paxton, Nathan Hudson. Find guilty and award $3 and costs.
Roll 92. March 1830. Thomas Ginn v. Charles Jamison, slander. Charge that on Sept. 1, 1829, Jamison said publicly: "You are a Damned Lousy scoundrel and you ravished a woman in Kentucky and had to run off to escape the State Prison for so doing." Jamison responds that Lawrence Ginn told him. Jury: John Freeland, John Copeland, Ebenezer Goble, Elisha Long, Solomon Brown, John Paxton, Joel Reece, John Powell, John Whitaker, Moses Brown, Samuel Forgeson. Find for plaintiff, award $15.
Roll 93. March 1830. Mesheck Lewelling v. Ezekiel Leavell, Jesse Forkner, and Anthony Boggs, trespass. On Dec. 21, 1826, defendants broke fence and took from close of the plaintiff a bay mare worth $60, causing damages of $100. Then entered house and broke a clock, damage $100. At April 1827 term of court defendants pleaded not guilty. Their defense was that in Nov. 1825 a court of assessment for the 48th Regiment of Indiana Militia held at the house of Jeremiah Meek with Thomas R. Stanford as judge advocate and Mathew McKinney as provost marshal fined Lewelling for nonperformance of militia duty in 1825, "the said plaintiff professing to be conscientiously scrupulous of bearing arms." In Dec. 1825, it imposed fine of $2.50. On Jan. 2, 1826, they made a list of fines to be collected, issued by Elijah Long, senior officer, and delegated to Sheriff Jesse H. Healey, who did not collect them. Then fines turned over to Leavell, who seized the horse and sold it at auction on Jan. 1, 1827, for $23.01. Leavell returned to Lewelling $18.07 ¾, which Lewelling refused to accept. Court found for defendants. Lewelling appealed to the Indiana Supreme Court with William Butler as his security. Supreme Court reversed on technicality involving identification of the sheriff and remanded back to Henry County to new trial. Court finds for defendants.
Roll 94. Sept. 1830. State v. Ezekiel Morgan, laborer, assault & battery. Charge assault on Jesse Forkner, March 23, 1830. Pleads guilty, fine $2.
Roll 95. Sept. 1830. State v. Wesley Goodwin, labourer, assault & battery. Charge assault on Anthony Boggs, Dec. 25, 1829. Pleads guilty, fine $2.
Roll 96. Sept. 1830. State v. John Harris, neglect of duty. Harris, justice of the peace, married Jacob Harvey and Ally Koonce on Sept. 1, 1828, but did not file return. Pleads not guilty. Jury: Benjamin Strattan, Edmund Liston, William Reynolds, Alfred Brittain, Henry Conklin, William Bond, Isaac Brown, William Murphey, Aaron Mendenhall, Thomas Veach, Richard Conway, John Powers. Find guilty, fine $10.
Roll 97. Sept. 1830. State v. James C. Templeton, gentleman, vending without license. Charge that Templeton sold on Nov. 1, 1829, ¼ pound of "Young Hyson Tea" to Abram Heaton for 31 ¼ cents. Found guilty, fine $1.
Roll 98. Sept. 1830. State v. Wilson Clift, gentleman, vending without license. Charge that Clift sold on May 1, 1829, 5 pounds of coffee to Charles See for $1. Found guilty, fined $1.
Roll 99. Sept. 1830. State v. Wilson Clift, labourer, vending without license. Charge that Clift sold on July 5, 1829, 5 ½ pounds of coffee to Elihu Ellis. Found guilty, fined $2.
Roll 100. Sept. 1830. State on relation of John Anderson, paymaster, v. Ezekiel Leavell et al. Oct. 14, 1829, Anderson as paymaster for the 48th Regiment of Indiana Militia filed a declaration against Ezekiel Leavell, Samuel D. Wells, John Dougherty, Jesse Forkner, and George Handley to detain $5,000 bond for Leavell as sheriff. Anderson alleged Leavell had not "faithfully discharged" his duties. On Sept. 6, 1828, Thomas R. Stanford gave Leavell a list of fines amounting to $500, delinquent for 1825-1827. Leavell never collected or made return. Anderson also asks $1,000 damages. Summons served on Leavell Nov. 8, 1829, and Benjamin Bailey stands his security for appearance. Suit quashed.
Roll 101. Sept. 1830. Joseph Ritter v. Sampson Smith, debt. March 14, 1829, Smith gave to Ritter a note for $125 due on July 20, 1830, but never paid. Asks damages for $50. John P. Johnson security for Smith. Find for plaintiff.
Roll 102. Sept. 1830. John Scott for use of Jesse Williams v. Thomas Ginn & William Silver. Alleges they have defaulted on note for $130 and ask damages of $50. Find for plaintiff and award judgment of $110.31 ½ and $2.57 ¾ damages.
Roll 103. Sept. 1830. Isaac Bedsaul v. Amasa Makepeace, trespass. Jan. 22, 1830, Bedsaul bought of Makepeace for $50, 41 hogs warranted "tame, gentle and governable and hogs that could be safely driven without risk of losing them by reason of wildness." 23 fled and became wild-cost $10 to recover. Jury: Robert Murphey, William Reynolds, Alfred Brittain, Joel Long, Henry Conklin, Samuel W. Stuart, Benjamin Stratton, Richard Conway, William Murphey, Thomas Veach, John Powers, Aaron Mendenhall. Find for plaintiff and award $20 and costs.
Roll 104. Sept. 1830. William Conwell v. Philip Snyder, trespass. On Sept. 10, 1829, Snyder sold Conwell for $50 an unsound horse with "a certain well known disease among horses called the big head and stiff limbs" and for $50 another horse "sick, lame, and diseased." Asks $100 damages. Jury: Hugh Carrol, Robert Boyd, Aaron Wiles, William Sparks, Clement Murphey, William Bond, Peter Crum, Mathew Elliott, Levi Butler, Eli Smithy, Isaac Brown, Edmund Liston. Find for defendant.
Roll 105. March 1831. State v. Hiram Tyre/Tyra, gentleman, selling without license. Charge that Tyre on March 25, 1830, sold 1 quart of whiskey to Elijah Fox for 12 ½ cents. Pleads guilty, fine $2.
Roll 106. March 1831. State v. Isaac McClannehan, assault & battery. Charge assault on Daniel Lands/Landers. Pleads guilty, fine $1.
Roll 107. March 1831. State v. James Carr, laborer, & Silas Ruggles, laborer, affray. Charge fought on May 15, 1830. Plead guilty, fine $1.
Roll 108. March 1831. State v. Ames Gough, laborer, assault & battery. Charge assault Sept. 15, 1830, on Simon Cassaday. Pleads guilty, fine $1.
Roll 109. March 1831. State v. Levi Cropper, neglect of duty. On March 29, 1829, marriage license issued to Richard Conway and Synthy Ray. Cropper, J.P., married them on April 10, 1829, but by March 5, 1830, had not filed a return. Pleads guilty, fine $35.
Roll 110. March 1831. Nathan Riley & Deborah Koontz, administrators of Jacob Koontz, decd., v. John Roswell, replevin. Alleges that on Oct. 19, 1830, Roswell detained a horse valued at $46. Jacob Koontz died intestate. Owned land in Fall Creek Twp., SW quarter of section 32 township 19 north range 9 east. Roswell claims he bought horse at estate sale and gave note with Moses Finch as security and witnessed by Joseph Fleming. Jury: John Harris, Thomas Ginn, John Bennet, John Dougherty, Thomas Ray, Thomas C. Harris, Isaac James, John Reed, Micajah Chamness, Adam Conn, Thomas Watkins, John Hatfield. Find for plaintiff, damages 1 cent.
Roll 111. March 1831. State on relation of Samuel Merrell, Treasurer, v. Ezekiel Leavell et al. Ezekiel Leavell was sheriff and John Dougherty, Jesse Forkner, and George Handley were his bondsmen for $5,000. On Sept. 6, 1828, Thomas R. Stanford, judge advocate of 48th Regiment, Indiana Militia, levied fines amounting to $500 against persons "conscientiously scrupulous of bearing arms" in 1825, 1826, and 1827. Leavell did not collect fines. He was summoned to court Sept. 29, 1829, and Benjamin Bailey was security for his appearance. Leavell responds that no actual list of fines was ever issued and that he was not notified of the fines until Oct. 6 and went out of office on Oct. 16, 1829, so he did not have time to collect them. Court finds for defendants.
Roll 112. March 1831. Isaiah Hosier v. Jesse Carr. Hosier alleges that on May 9, 1830, Carr assaulted him and caused him to be laid up for 6 weeks. Summons served on Carr Sept. 28, 1830. Asks $200 damages. Carr pleads not guilty. Jury: John Dougherty, Cornelius Smith, James Forkner, John Hays, Thomas Ray, George Hobson, John Smith, William Riden, Isaac James, John Hodgson, Abram L. Souers. Find for plaintiff, damages $17.
Roll 113. March 1831. Caleb Dille Sr. v. Bowater Burris & Eleanor Burris, admx. of Caleb Dille Jr., decd., debt. Eleanor late the wife of Caleb Dille Jr., who died intestate. On July 20, 1829, Caleb Dille Jr indebted himself to Caleb Dille Sr. for $420 and $50 in goods and groceries. Eleanor while widow would not repay and now intends to defraud plaintiff. Asks $700 damages. Burrises respond that by Aug. 20, 1829, Caleb Dille Jr. was dead and Eleanor was a femme sole, entitled to dower in 52 acres off the north end of the east half of the southwest quarter of section 22 township 18 north range 9 east. She assigned the dower to Caleb Dille Sr. to satisfy all claims. Jury: William Riden, John Hodgson, Josiah Pennington, Joseph Ratliff, George Hobson, Matthew Wilson, John Hays, Cornelius Smith, John Reece, Abram Louds, John Smith, Charles Morgan.
Roll 114. March 1831. John Cassaday v. John Whitaker, trespass. On Dec. 8, 1830, Cassaday filed trespass action, alleging that from Feb. 1, 1830, Whitaker had kept dogs that chased Cassaday's cattle and horses and hogs and caused injuries to the amount of $50. Further that on Jan. 1, 1830, Whitaker's three "wicked vicious and powerful dogs" with his 3 "infant sons . . . having been accustomed to enter and by the authority of the said defendant to worry and chase the hogs horses and neat cattle of the neighbours running at large in and about the said premises of the defendant" caused $100 damage. Jury: Thomas Ray, John Hodgson, John Dougherty, John Smith, George Hodgson, Matthew Wilson, John Reece, Isaac James, Joseph Ratcliff, Charles Morgan, John Reece, Josiah Pennington. Find for plaintiff, award $13.
Roll 115. March 1831. James Hutson v. Roderick Craig. Nov. 22, 1830, Hutson obtained a J.P. judgment of $7.25 in Jacob Thornburg's court. Craig appeals. Court sets judgment at $6.
Roll 116. March 1831. John Harris v. Isaac Bedsaul. Bedsaul appeals J.P. judgment for $5.98 in Benjamin S. Cady's court on Dec. 29, 1830. Harris recovers $1.52.
Roll 117. March 1831. Timothy Atkins v. John McShirley, trespass. Atkins alleges that on Oct. 8, 1830, McShirley assaulted him with stick and posts. He was badly hurt and incurred medical bills of $30. McShirley pleads self-defense. Atkins responds that: "the beating wounding kicking and biting of him was excessive and not at all proportionate to the original assault." Jury: William Shannon, James Ellison, Jonathan Brown, William S. Bell, Andrew Fletcher, Micajah Chamness, Isaac James, Adam Conn, Lemuel Fleming, John Reece, Joseph Fleming, Henry Coffle. Find for plaintiff, damages $1.
Roll 118. March 1831. Luman Watson v. Charles B. Finch & Archibald W. Finch, debt. Watson alleges that on Sept. 23, 1828, defendants gave notes to him at Cincinnati for $105 and $95. Asks $200 and $100 damages. Sheriff reports Charles B. Finch not found in Henry Co. Archibald W. Finch defaults. Judgment for $200 and $22.27 damages.
Roll 119. March 1831. Luman Watson v. Charles B. Finch, Moses Finch Jr. & Moses Finch Sr., debt. Alleges that on Aug. 8, 1829, defendants signed note for $168, and on Nov. 4, 1829, at Cincinnati, signed note for $148.75, balance of first note. Have not paid. Asks $316.75 and $200 damages. Sheriff reports on March 1, 1831, that only Moses Sr. is a resident of Henry Co. Judgment for plaintiff for $316.75 and damages of $20.61.
Roll 120. March 1831. William Harrison v. Thomas Silver & William Silver, debt. Alleges that on July 9, 1830, defendants made note for $182.40. March 1, 1831, sheriff reports Thomas Silver not found. William Silver defaults. Judgment for $182.40 and $7.28 damages.
Roll 121. March 1831. Isaac Bedsaul & Joseph Williams v. Gilmore heirs. Complaint first filed April 9, 1827, alleging that on Aug. 26, 1825, James Gilmore borrowed the sum of $20 at 6% interest from Oren Chapen, secured by mortgage on an undivided half of lot 8 in block 12 in the town of New Castle, due March 1, 1826, with plaintiffs as securities. Gilmore defaulted and they paid. Gilmore died intestate ca. Sept. 20, 1826, leaving as his heirs Samuel Gilmore, Sephrona Sutton now wife of Umphrey Sutton, and Eleanor Roberts now wife of John Roberts. Heirs respond that there was no such bond. Case continued until April 1829 court, when subpoena issued to Wayne Co. for Humphrey Sutton & wife Sapphrona and to Marion Co. for John & Elleanor Roberts. In March 1831, heirs defaulted and deed for lot ordered made to plaintiffs.
Roll 122. March 1831. State v. William McShirley, gentleman, assault & battery. Charge that on Sept. 5, 1830, McShirley assaulted Nathaniel Atkins. McShirley was arrested Nov. 19, 1830, and posted $25 bond with John McShirley as bondsman. Pleads not guilty. Jury: Westley Goodwin, John P. Johnson, Henry Lewallin, Robert Smith, Benjamin Dennis, Calvin Russel, Benjamin Wiseheart, Samuel Ramsay, Samuel Goble, Henry Coffle, Abijah Hammer, Jesse Bond. Find guilty, fine $1.
Roll 123. Sept. 1831. John L. Gill & James Greer v. James B. Finch, assumpsit. Appeal of judgment by Benjamin Cady, J.P. Gill & Greer asked judgment of $74.29 and received $19.84 and costs. Court rules for plaintiff and awards $51 and costs.
Roll 124. Sept. 1831. Joseph Comer & wife Sarah v. Burgess Mundane, slander, ask $1000. Plaintiffs allege that on March 1, 1831, before William Underwood et al. Mundane said: "I had to do with her but could not satisfy her. She came to me when I was at work and pulled up her clothes above her waist and asked me to do it to her." Mundane responds that Sarah was guilty of adultery with John Hutson in Henry Co. Jury: Samuel Ramsey, Westley Goodwin, Samuel Goble, Watson Roe, Calvin Russel, John P. Johnson, Jesse Bond, James McKimmey, Robert Smith, Benjamin Dennis, Henry Coffel, Abijah Hammer. Find for defendant.
Roll 125. Sept. 1831. William B. Wilson v. Richard Conway, slander. Wilson alleges that he is a "good and honest citizen" and that Conway is "of good name, fame, and credit." On Sept. 9, 1830, in the case of Richard Conway v. Levi Cropper, tried before John Hodgson, J.P., Wilson gave evidence. Conway said: "You are perjured and I did not agree to give fifty head of hogs for the money. It was a lie and Cropper bribed you to tell it." On Sept. 23, 1830, in the presence of Matthew Wilson & Dennis Downing, Conway said: "I was caught without a witness and you may know what that means. The truth was dear to me and if the truth had only been told how glad I would have been." The same day, Conway said to John Wilson, father of William B. Wilson: "You, as a father will stand in the courthouse with an aching heart and weeping eyes to see your son in such a fix. I would not have my son in such a fix for $500." Conway responds that the issue was whether there was a contract between Conway and Cropper for Conway to deliver 50 hogs or 27. Conway claimed 27, Cropper 50. Jury: John P. Johnson, Samuel Ramsey, Benj. Dennis, Samuel Goble, Westley Goodwin, Benjamin Wiseheart, Henry Coffle, Abijah Hammer, Robert Smith, Jesse Bond, James McKinney. Find for plaintiff, damages $7.
Roll 126. Sept. 26, 1831. John N.C. Schenck v. James Silver, debt of $887. Case field Aug. 20, 1831. Judgment for plaintiff by default.
Roll 127. Sept. 26, 1831. Luman Watson v. Charles B. Finch, debt. Watson alleges that on Sept. 23, 1828, Finch with Archibald W. Finch gave Watson a note for $125, due in 90 days, and that they have defaulted. Find for plaintiff for $95.
Roll 128. March 26, 1832. State v. Joshua Willits of Henry Co., retailing without a license. Charge that Willits sold half a pint of peach brandy to William Shannon for 12 ½ cents. Pleads guilty, fine $2.
Roll 129. March 26, 1832. State v. Joshua Willits of Henry Co., retailing without a license. Charge that Willits sold half a pint of peach brandy to Miles Murphey for 12 ½ cents. Pleads guilty, fine $2.
Roll 130. March 26, 1832. State v. James Galloway, assault & battery. Charge assaulted John McHatten, Sept. 11, 1831. Jury: Benjamin J. Cady, John Shortridge, Robert Boyd, William Meek, Moses Wayman, Moses Robertson, Aaron York, William Bond, Jonas Pickering, Abner Pickering, George Evans, Matthew McKinney. Find guilty, fine $1.
Roll 131. March 26, 1832. State v. Long Hatfield, laborer, assault & battery. Charge assault on Anderson Woods, Aug. 1, 1831. Pleads guilty, fine $4.
Roll 132. March 26, 1832. State v. Samuel Chesnut, affray. Charge that on Aug. 26, 1831, Chesnut participated in affray with John Felton. Felton not found. Jury: James Wilson, Jacob Witter, John Wilson, John Dennis, John Presnall, Robert Parker, Jacob Huston, Jonathan Brown, Anthony Boggs, Joshua Willits, Benjamin Branscum, John Freeland. Acquitted.
Roll 133. March 26, 1832. State v. Jacob Harvey, assault & battery, and Nathan Garrett v. Jacob Harvey, trespass. Garrett alleges that on Jan. 26, 1832, Harvey "struck . . . a great many violent blows and strokes on his head face breast back and sides . . . and also with a certain knife stabbed and wounded him . . . and rent tore cut and damaged the clothes and wearing apparel [of the plaintiff], to wit: two shirts, one waistcoat and one pair of pantaloons" valued at $10 and disabled him for 4 weeks. On the same day, Harvey made another assault so violent that Garrett's "life . . . was greatly despaired of." Asks damages of $100. Harvey claims self-defense. Jury: John Shortridge, George Evans, John Dennis, Stephen Cory, Levi Lakey, Moses Robertson, John Blalock, Robert Boyd, Matthew McKinney, Wilson Clift, Benjamin Branscom, Aaron York. Find for plaintiff, award $100.
Roll 134. March 26, 1832. State v. Abel Robertson, refusing to return a list of property. In Jan. 1830 Moses Brown, appointed lister and assessor for Liberty Township and Stoney Creek Township, asked Robertson for a list of taxable property. Robertson refused. Pleads not guilty. Jury: John Wilson, William Meek, Moses Wayman, Benjamin Branscomb, Robert Boyd, Jacob Huston, William Bond, Aaron York, Jonas Pickering, Abner Pickering, George Evans, Jacob Witter. Guilty, fine 1 cent.
Roll 135. March 26, 1832. State v. John Barner, neglect of estray laws. Charge that on Dec. 10, 1829, in Liberty Township, Barner took up a stray calf of James Downing, but did not advertise it. Pleads not guilty. Jury: James Wilson, William Meek, Jacob Witter, Jacob Huston, Jonathan Brown, Benjamin J. Cady, Moses Wayman, William Bond, Abner Pickering, Jonas Pickering, Robert Parker, John Wilson. Guilty, fine 1 cent.
Roll 136. March 26, 1832. Elisha Scovill v. William Meek, debt. Appeal from Benjamin J. Cady's J.P. court held on Jan. 21, 1832. Find for plaintiff, award $20.34
Roll 137. March 26, 1832. James McColley v. Henry Hester, covenant. McColley of Wayne Co. alleges that on Feb. 22, 1831, he rented for 12 months to Hester of Henry Co. a small farm on the National Road where David Messick now lives, rent $22.50, payable on Christmas Day, to have possession March 15, 1831. Hester was to keep up fences and timber. Hester took possession but let down the fences and cut and broke down fruit trees with cattle, horses, hogs, and sheep. Asks $100 damages. Hester responds that damage was due to poor condition of fences when he took possession. Court finds for defendant.
Roll 138. March 27, 1832. State v. Charles Gough, laborer, simple mayhem. Charge that on Jan. 4, 1832, Gough hit John Wiley with an iron wedge. Jury: John McShirley, Tabor McKee, James R. Leonard, John Dougherty, Clement Murphey, Jacob Wood, Elisha Shortridge, John Davidson, Thomas Greenstreet, Shubal Julian, James McCollam, Walter Edginston. Find guilty, fine $40.
Roll 140 (no #139) Sept. 24, 1832. State v. Allen Wilson of Hancock Co., laborer, assault & battery. Charge assaulted Achilles Morris, July 15, 1832. Jury: John Dougherty, Jacob Wood, Thomas Greenstreet, Elisha Shortridge, Jonas Pickering, Walter Edgiston, John McShurley, Tabor McKee, Shubal Julian, John Davidston, James McCollom, Clement Murphey. Found guilty, fine $1, George See, security.
Roll 141. Sept. 24, 1832. State v. Allen Wilson, assault & battery. Charge assaulted Armstead Watkins, July 23, 1832. Pleads guilty, fine $4, George See, security.
Roll 142. Sept. 24, 1832. State v. Allen Wilson, assault & battery. Charge assaulted Achilles Morris, July 15, 1832. Jury: Richard Conway, Isaac Brown, Richard Ratliff, John Neill, John Hiatt, Samuel Beckelhymer, William Shannon, James R. Leonard, Peter Keesling, Reuben Morris, Samuel Howard, John Whitaker. Found guilty, fine $1, George See, security.
Roll 143. Sept. 24, 1832. State v. Jesse Marshall, assault & battery. Charge assaulted Griffin Tyre, Jan. 10, 1832. Pleads guilty, fine 50 cents.
Roll 144. Sept. 24, 1832. State v. Jesse Brown, retailing. Charge sold half pint of whiskey for 6 ¼ cents to Millington McHone, Jan. 1, 1832. Brown taken by sheriff of Hancock Co. Pleads guilty, fine $2.
Roll 145. Sept. 24, 1832. State v. Jesse Brown, retailing. Charge sold half pint of whiskey to Thomas Porter, Nov. 1, 1831. Pleads guilty, fine $2.
Roll 146. Sept. 24, 1832. State v. James Galbreath & Thomas Fletcher, affray. Charge affray committed March 10, 1832. Both plead guilty, fine $1 each.
Roll 147. Sept. 24, 1832. State v. Isaac Williams, laborer, retailing. Charge sold half pint of whiskey to Jehu Vickrey for 6 ¼ cents, Jan. 24, 1832. Pleads guilty, fine $2.
Roll 148. Sept. 24, 1832. State v. Isaac Williams laborer, retailing. Charge sold half pint of whiskey to Jehu Vickrey for 6 ¼ cents, Dec. 19, 1830. Pleads guilty, fine $2.
Roll 149. Sept. 24, 1832. State v. Isaac Williams, laborer, retailing. Charge sold half pint of whiskey to William Brown for 6 ¼ cents, Jan. 1, 1832. Pleads guilty, fine $2.
Roll 150. Sept. 24, 1832. State v. Isaac Williams, laborer, retailing. Charge sold half pint of whiskey to William White for 6 ¼ cents, Feb. 10, 1832. Pleads guilty, fine $2.
Roll 151. Sept. 24, 1832. State v. John Foley & John Piatt, affray. Charge affray committed Sept. 10, 1832. Both plead guilty, fine $1.
Roll 152. Sept. 24, 1832. State v. Eli Swithey, laborer, assault & battery. Charge assaulted Williamson Daniels, Feb. 10, 1832. Found guilty, fine $1.
Roll 153. Sept. 24, 1832. State v. Rebecca Lewis, assault & battery. Charge assaulted Griffin Tyre, Jan. 10, 1832. Found guilty, fine $1.
Roll 154. Sept. 24, 1832. State v. Aaron Maxwell, retailing. Charge sold half pint of whiskey to Thomas Porter for 6 ¼ cents, Feb. 10, 1832. Pleads guilty, fine $2.
Roll 155. Sept. 24, 1832. State v. William Dixon, assault & battery. Charge assaulted Aaron Wiles, June 6, 1832. Found guilty, fine $2.
Roll 156. Sept. 24, 1832. State v. Levi Decker, yeoman, theft. Charge that on July 6, 1832, Decker stole a pair of saddlebags belonging to Philip Ballard. Found guilty, fine $10, to serve 10 days in jail and be disenfranchised 10 years.
Roll 157.Sept. 24, 1832. State v. William Galbreath & Enoch Gough, affray. Charge affray committed March 1, 1832. Found guilty, fine $1 each.
Roll 158. Sept. 24, 1832. David Odom v. Rebecca Odom, divorce. Petition filed Aug. 18, 1832. Plaintiff states he had been a resident of Indiana more than 15 years and had married Rebecca in Wayne Co. in 1826. They lived together until March 1830, during which time she committed adultery with unknown persons, threatened to stab him, did not "cook wash or mend." She abandoned him in Wayne Co. on March 1, 1830. She has since continued to commit adultery and has said that she will not live with the plaintiff and "intends to harass, torture, plague and oppress your petitioner during the balance of his life and that she intends to break him up and wholly ruin him and always keep him in wretchedness and poverty." Mentions Rebecca's children by a former marriage. Rebecca responds that she is a resident of Wayne Co. and that the events alleged took place there. Case dismissed.
Roll 159. Sept. 24, 1832. Rebecca Garrett v. John Harris & Samuel Howard, debt. Suit filed July 25, 1832 by Rebecca Garrett as administrator of John Garrett, decd. for debt of $17 and $4.60 interest. Find for plaintiff.
Roll 160. Sept. 24, 1832. Rebecca Garrett v. John Harris. Rebecca is administrator of John Garrett, decd. Alleges debt of $22.57 and $1.46 damages. Find for plaintiff.
Roll 161. Sept. 24, 1832. Richard M. Cheeseman v. John Blaylock, debt. Cheeseman, assignee of Nehemiah Cheeseman, on note made Oct. 5, 1831, for $156.50. Judgment for defendant.
Roll 162. Sept. 24, 1832. William Butler, assignee of A.D. Bond v. William Brown, debt. Brown gave Bond note for $25 in Prairie Twp. July 20, 1832. Bond a resident of Liberty, Ind. Judgment for plaintiff.
Roll 163. Sept. 24, 1832. D. Griffin v. Muzzy & Huntington, debt. Griffin alleges note made for $575 at Cincinnati, Oct. 19, 1831. Codefendant is James R. Muzzy. Judgment for plaintiff.
Roll 164. Sept. 24, 1832. Nathan Woodard, William Simmons, Jane Hobson, & Stephen Elliott v. State Road, petition to vacate. Plaintiffs are owners of southwest quarter of section 28, west half of the northeast quarter of section 28, west half of southeast quarter of section 20 and the east half of the southeast quarter of section 21, all in township 17 range 10 in Henry Co, traversed by state road. They ask road be vacated. Court appoints Samuel Carr, Levi Butler, & Jacob Wood to view. They recommend vacation and so ordered.
Roll 165. Sept. 24, 1832. John Blunt, assignee of Aaron Mills v. William Shannon. Plaintiff alleges Shannon gave note to Mills for $200 on March 29, 1831. Assignment to Blunt, March 26, 1832. Ask $200 and $100 damages. Judgment for plaintiff.
Roll 166. Sept. 24, 1832. Belinda Brown v. Jacob H. Brown, divorce. Belinda Brown, nee Bulla, by next friend, William Shannon, relates that she is now 15 years of age. On Aug. 21, 1831, she was married "under the name of Malinda" to Jacob H. Brown. She states she "was sacrificed on the hymenial alter partly by the persuasions of her relatives and partly by coercion and by her dread of parental reprimand and displeasure. That she ever manifested an aversion to the said Jacob and that she communicated her feelings to him without reserve." She actually fled home on her wedding day but was arrested and brought back. She was married, but "the near and more familiar approach of the said Jacob in the character of husband but increased her repugnance." She fled to the home of her mother in Henry Co. Jacob Brown is now advertising her as strayed. He has given up the marriage and his whereabouts are unknown-he is not in Indiana. Divorce granted.
Roll 167. Sept. 24, 1832. Moses Keen & wife Rhoda, executrix of John Keen v. George See, debt. Plaintiffs allege See incurred debt of $200 on April 1, 1826 in Henry Co. John Keen died Oct. 12, 1830. See now in default. Witness Thomas Fletcher stated that he had heard See say that he owed $100 to Keen for work done. Witness Charles See stated that work was to clear and fence 12 acres, not many trees left to the acre, 8 or 9 years since. Judgment for plaintiffs.
Roll 168. April 15, 1833. State v. John Felton, yeoman, assault & battery. Charge assaulted Samuel Chesnut, Aug. 1, 1831. Pleads guilty, fine $1.
Roll 169. April 15, 1833. State v. Thomas Lakey, laborer, assault & battery. Charge that on Sept. 10, 1832, Joseph Fort and Israel Shinn were engaged in an affray. Asa Heaton tried to break them up, and Lackey assaulted Heaton. Found guilty, fine $7.
Roll 170. April 15, 1833. State v. Rufus M. Way, gentleman, assault & battery. Charge assaulted John Smith, Sept. 24, 1832. Pleads guilty, fine $1.
Roll 171. April 15, 1833. State v. Charles Nugen, wagering. Charge that on Sept. 4, 1832, Nugen won $1 of Andrew Wilson at a horse race. Pleads guilty, fine $1.
Roll 172. April 15, 1832. State v. Martin Lee/See & Allen Benjamen, laborers, affray. Charge committed affray July 4, 1832. Both are residents of Rush Co. Benjamin pleads guilty and fined $1. See's case continued.
Roll 173. April 15, 1833. State v. Henry Byrket, laborer, assault & battery. Charge assaulted Joseph Justice, Aug. 1, 1832. Plead guilty, fine 25 cents & 18 hours in jail.
Roll 174. April 15, 1833. State v. Allen Wilson, yeoman, assault & battery. Charge assaulted James Ball, Aug. 17, 1832, when Ball constable of Franklin Twp., attempted to arrest Wilson for assault made on Armstead Watkins July 23, 1831. Jury: Jacob Byrket, Levi Butler, Moses Wayman, Jacob Heustin, William Conner, Roderick Craig, John Blunt, William Butler, Miles Lamb, Thomas Rumley, Robert Hester, Asa Heaton. Found guilty, fine $12.
Roll 175. April 15, 1833. State v. John See Jr. & Charles Nugen, laborers, affray. Charge committed affray, Sept. 1, 1832. Nugen a resident of Wayne Co. Plead guilty, fine $1 each.
Roll 176. April 15, 1833. State v. Thomas Fletcher, retailing. Charge sold half pint of wine for 12 ½ cents to Elihu Jones. Fletcher responds that wine is not spirituous and not within the statute. Court convicts, fine $2.
Roll 177. April 15, 1833. State v. John Brown, gentleman, retailing. Charge sold half pint of whiskey for 6 ¼ cents to George See. Pleads guilty, fine $2.
Roll 178. April 15, 1833. Henry Pearce v. Isaac Bedsaul debt. Pearce claims $575. Find for plaintiff.
Roll 179. April 15, 1833. Byram Cadwallader v. William Meek, Isaac Bedsaul, & Jonathan Macy. Plaintiff owns 50 acres on the north end of the east half of the northeast quarter of section 3 township 17 north range 10 east, through which Blue River passes. Previously he had a farm with good water, a "comfortable dwelling house, barn, and outhouses and planted orchard." Defendants built dam that caused river to flood his land. Asks $500 damages. Suit compromised for $75.
Roll 180. April 15, 1833. John Wilson v. Michael Conway, slander. Wilson alleges that on May 17, 1832, before Moses Robertson, J.P., Conway alleged that Wilson had forged Conway's name to a bond for Wilson to keep a grocery with Levi Cropper. He caused Wilson to be jailed for 8 hours and taken before Robertson for trial. He was acquitted. On May 17, 1832, Conway made another forgery accusation, that Wilson had forged his name to a bond on Aug. 13, 1829, to keep a grocery. Wilson was tried May 17, 1832 and acquitted. Asks $50 as cost of trial. Jury: Levi Lakey, Benjamin Perdew, Jesse Dailey, Josiah Morris, Jesse W. Baldwin, Thomas R. Stanford, John Norton, John Freeland, Thomas Miles, John Blunt, Robert Hester, Daniel Reynolds. Nonsuit, plaintiff to pay costs.
Roll 181. April 15, 1833. Wilson Clift & wife Sarah v. Abraham Payne & wife Mary Ann, slander. Clifts charge that on April 29, 1833, Mary Ann Payne said to Sarah Clift: "You stinking strumpet don't set your foot in my door. I would have no such strumpet about me or would let my Husband do as he pleases with you." In the presence of Francis Thornton, Mary Ann Payne accused Sarah Clift of committing adultery her husband Abraham Payne, repeating: "You are a whore. You have invited my husband into the smoke house with you and then pulled up your clothes to him and he has done it and I can prove it." Then told her in the presence of Wilson Clift: "You had to do with my husband. And if you don't believe it, go to Isaac Needham and Josiah Needham and almost all the neighbors and they will tell you that it is so." Ask $1,000 damages. Jury: Levi Butler, Miles Lamb, John C. Wilson, William Walters, Thomas Rumbley, Jacob Burkett, Moses Wayman, William Conner, William Butler, Roderick Craig, Jacob Huston, Asa Heaton. Find for plaintiff and award $750 damages.
Roll 182. April 15, 1833. William Woodnut v. Jesse W. Baldwin, debt. Woodnut sues as surviving partner of Samuel A. Allen for debt of $126 incurred at Cincinnati, March 11, 1831. Court rules for plaintiff.
Roll 183. April 15, 1833. Loring A. Waldo v. S.D. Wells, debt. Waldo claims $105 on note made Dec. 21, 1832. Court rules for plaintiff.
Roll 184. April 15, 1833. Henry Gassaway, assignee of I.W. Hayden v. Oren Huntington & James P. Muzzey, debt. Gassaway claims $101 on note made at Cincinnati, Oct. 29, 1830. Court awards plaintiff $74 on note & $18 damages.
Roll 185. April 15, 1833. John Anderson, assignee of A.D. Bond v. Anthony Boggs, appeal. Original case Feb. 23, 1833, before Jacob Thornburg, J.P. Jury in original case: B.F. Cady, E.B. Hobson, John L. Neal, Miles Murphey, Jacob Witter, George Little, William Harmon, Nathan Crafferd, Hugh Carrol, William Meek, Conrad Stagael, John Stinson. Jury for circuit court: William Butler, Levi Butler, Jacob Huston, Moses Wayman, Miles Lamb, Roderick Craig, Thomas Rumley, William Walters, John C. Wilson, William -------, Henry Macy. Find for defendant.
Roll 186. April 15, 1833. John Wiley v. Charles Gough, appeal. Case originally tried before Jacob Thornburg, J.P. Court finds for Wiley, award $16.
Roll 187. April 15, 1833. John Procter v. Jesse Dailey. Procter alleges that Dailey assaulted him on Dec. 20, 1832, endangering his life. Dailey pleads self-defense. Jury: William Conner, John Blunt, Jacob Huston, Levi Butler, Miles Lamb, William Butler, William Walters, Robert Hester, John C. Wilson, Roderick Craig, Jacob Byrket, Moses Wayman.
Roll 188. April 15, 1833. James Ellison v. Charles See, slander. Ellison alleges that in the case of State v. Margaretta See, tried before Gabriel Cosand & Wilson Clift as justices of the peace, Charles See said in the presence of James Fletcher, referring to Ellison: "He swore a lie and I can prove it." Case dismissed by agreement of parties.
Roll 189. April 15, 1833. James Ellison v. David See, slander. Same circumstances as 188. See stated: "He swore a lie and I can prove it. He swore to a falsehood and ought to be punished for it. He is a dangerous man." Case dismissed by agreement of parties.
Roll 190. April 15, 1833. James Ellison v. John See, slander. Same circumstances as 188. Ellison alleges that in presence of Nancy See, James Fletcher, Thomas Ball et al., See said: "He swore a lie. And he is guilty of the crime of perjury and ought to be punished. He swore to what he knew to be untrue." Case dismissed by agreement of parties.
Roll 191. April 15, 1833. James Ellison v. George See, slander. Same circumstances as 188. See said of Ellison: "He swore falsely" and accused him of perjury. Case dismissed by agreement of parties.
Roll 192. April 15, 1833. Lewis Brown v. Nancy P. & Cyrus Osborn, chancery. Brown alleges that early in 1830 he purchased of Allen Osborn for $125 the west half of the southeast quarter of section 24 township 17 north range 10 east. Allen Osborn died in 1831 without making a deed, leaving a widow Nancy and only child Cyrus. John Bailey of Wayne Co. appointed guardian for Cyrus Osborn. Deed ordered made.
Roll 193. April 15, 1833. Abram Heaton v. Cornelius Tibbetts, appeal. On Sept. 25, 1830, Heaton brought suit before John Freeland, J.P., for note of $100 from Tibbetts payable to Richard McGee, Peter Blake, and Beach. J.P. court jury: William Reynolds, Brice Dillee, Henry Conkling, Matthew McKinney, J. Hollen, W. Williams, Charles Moore, James Johnston, James P. Muzzey, Reuben Wright, Isaac R. Allee, Jesse Williams. They awarded plaintiff $1 and costs. Circuit court jury: Jacob Byrket, Thomas Rumley, Miles Lamb, Roderick Craig, Moses Wayman, Jacob Huston, William Butler, Levi Butler, William Walters, William Conner, Robert Hester, John Blunt. Find for plaintiff, award $100.
Roll 194. April 15, 1833. Abraham Heaton, assignee of John Dennis v. William Meek, appeal. Appeal of judgment on debt on 2 notes in Jacob Thornburg's J.P. court. Mentions John Roswell, constable of Henry Twp. Jury: Thomas Stanford, John Powell, A.H. Stinson, John Stevenson, George Little, John Neal, John Nowlan, Hugh Polk, Josiah Bradberry, Isaac Bedsaul, John Aker, Edward Gillagues. Settled by agreement of parties.