Taylor County GaArchives Deed.....Court Minutes, Superior - Court Minutes, Superior 1859 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Virginia Crilley http://www.genrecords.net/emailregistry/vols/00003.html#0000642 November 10, 2004, 3:02 pm Written: 1859 SUPERIOR COURT 1859 pg 316 January in Chambers Aaron Wortham vs John A. Moss Bill in equity for discovery and relief appearing by the Sheriff's return that the defendant does not reside in said county. His residence is unknown. Ordered that this be published and the defendant be ordered to appear at April term. Humbly showest Emaline Grace that she is the wife of John H. Grace and the daughter of Britain Pope, dec'd. That her father departed this life in Feb 1858 and died intestate leaving considerable property and that William Pope and Cullen A.J. Pope, her brothers, are administrators on said estate. She filed her bill against said Administrators, the 12 months not expiring, and her husband and her next friend, Elam B. Watters, that her portion of the estate might be settled upon her and her children and not subject to debts of her present husband. Elam B. Watters was appointed trustee for her. Administrators turned over to said trustee the following: Negro girl named Kiziah valued at $650.00 Three acres of land adjoining the town of Butler with the improvements known as her residence $600.00 Two cows and calves, household and kitchen furniture = $200.00 Buggy and harness = $100 and there yet remains in the hands of the Administrators the sum of $500 Shows that said Waters has resigned his Trusteeship. She desires that her husband, John H. Grace be appointed as trustee. Emaline A. Grace I am anxious to resign and consent that John H. Grace may be appointed in my place. E.B. Waters At Chambers March 2nd 1859 After consideration orders that the above be recorded. The petition of Nancy Griggs and Sarah Jane Griggs sheweth that John Tinley of Richmond County, on the 25th June 1856 did make, execute and deliver a deed of Grant to Thomas Griggs in trust for Nancy Griggs and her heirs: two Negroes - Caty and Rose not to be subject to any debts or contracts of her said husband. Nancy Griggs now has living eight children to wit: Sarah Jane, Thomas, Martha Emeline, James, John, Louisa and Elizabeth, the last seven minors. Nancy Griggs and Sarah Jane Griggs are desirous of having Thomas Griggs removed from trusteeship, and the said Thomas consenting and to appoint in his stead, Sarah Jane Griggs. Sarah Jane Griggs is over the age of twenty and unmarried. Nancy (x) Griggs Sarah Jane (x) Griggs Feb 28, 1859 Thomas (x) Griggs consent Test: Gideon Newsome Talbotton at Chambers March 2nd 1859 Trusteeship of Sarah Jane Griggs approved. pg 363 February in Chambers Eliza W. Miller, wife of William R. Miller, by the will and testament of Zachariah Sullivan, late of the county of Monroe, your oratrix was given a sum of $3,000 from the proceeds of the estate of said dec'd to go to and belong to her during her life time and to her children by a former husband to wit: Augusta Walker, wife of Lawrence Walker, formerly Augusta Fuller, William Z. Fuller and Isham Fuller. No trustee was appointed for your oratrix to take charge of said money. Requests a trustee be appointed to demand the money she is entitled to from the Executors. She being the daughter and legatee of said deceased. Requests that her son, William Z. Fuller, after giving the usual bond and security be appointed. Eliza W. Miller I, William R. Miller and husband of the complanant agree that William Z. Fuller be appointed trustee for may said wife. Feb 10, 1859 [Note: Islam Fuller was a Doctor in Monroe County and is buried in the Hayseed Cemetery on the Culloden Road in Monroe County.] In chambers, Edmund H. Worrill orders the above to be recorded. Martha Lowe vs William R. Lowe. Bill for discovery and relief. At the Oct term 1857 of the Superior Court, the jury found a verdict in favor of the defendant; pl'f made motion for new trial upon various grounds. Considered that the court erred and it is now ordered that it be set aside and that a new trial be granted. pg 365 APRIL TERM 1859 List of Grand Jurors chosen and sworn 1. Henry H. Mangham, Foreman 2. Henry N. Duke 3. Gideon Newsome 4. John B. England 5. Wiley B. Shepherd 6. Gideon M. Davis 7. Thomas H. Brown 8. Willis Hobbs 9. John Sturdivant 10. Yelverton H. Caldwell 11. George A. Heath 12. William Anderson 13. Enoch Garrett 14. George Potter 15. William H. Caldwell 16. Charlie H. Cobb 17. Bennett Stewart 18. William M. Stuckey 19. Robert P. Hays 20. John H. Grace 21. William H. Greer PETIT JURY For April Term 1859 1. Thomas Wilson 2. George Layfield 3. John Hinton 4. Samuel Hewey 5. George Knight 6. Pinkney Jones 7. John W. Turner 8. N.B. Nelson 9. Joshua Bachelor 10. John J. Garrett 11. G.M. Goslin 12, William Chue 13. John A. Cameron 14. Joseph Gentry 15. Lewis Fountain 16. William Bozeman Excused 17. Benjamin Gray 18. Elias Cody 19. James Binum 20. J.Q. Adams 21. Joseph Phillips 22. Thomas Griggs 23. Albert Morrell 24. William Lawson 25. James Bowland, Tallyman W.T. Northern vs W.W. Corbitt, Aza Murray and Daniel Royal We confess judgement to pl'f $135.00 W.J. Hamilton vs E. Ragum I confess judgement to pl'f $1,036.07 Thomas H. Wright vs Gideon M. Davis Jury finds for def't with cost of suit. John Sturdivant, Foreman pg 366 Harriet Nichols & Co vs Elbert Fagan. Judgement to pl'f $189.00 Harriet Perry Adm vs John W. James ? W. L. Vinson judgement to pl'f $100 George T. Rogers & son vs Joshua Tenneson Jury found for pl'f against Joshua Tenneson for $1,054.08 John H. Woodgate vs Charles Mulkey Judgement to pl't $209.58 Martha T. Lowe vs P.H. Procter, JP & HMcCrary deft Elizabeth Montfort claim Jury find for the pl'f in execution. H.H. Mangham, Foreman Elbert N. Braown vs John C. Cozatt judgement to pl'f $154.00 The State vs Marion Cox True Bill Assault Joshua Grace vs James Calhoun It is ordered by court by consent that said case be carried appeal without prejudice to either party. pg 367 Justices of Inferior Court vs Osborn Downing, R.M. Whittington, and J. Q Adams Ordered that said case be transferred to the appeal and said case stand for trial without prejudice. JP Griffin for the ? of William J. Kendrick, Plt'f in fi fa vs John A. Moss, Deft in fi fa Sampson Bell, Claimant Case to be transferred to appeal. David O. Smith, pl'f vs John Adkins, Def H.L. Adkins, Claimant Jury find the issue for claimant. H.H. Mangham, Foreman Elizabeth Wilson vs Benjamin R. Wilson Libel for divorce Jury find that sufficient proofs have been referred to our consideration to authorize a total divorce Mary Ann Foster vs George W. Foster Libel for divorce Jury find that sufficient proofs have been referred to our consideration to authorize a total divorce William M Brown vs John A. Moss deft David D. Davis claimant. Claimant moves to withdraw the case. Benjamin F. Bunton vs Christopher C. Brooks. Confess judgement to pl'f $146.00 David Smith vs John Adkins, Deft. Elizabeth Adkins, claimant Jury finds for pl'f in execution. H.H. Mangham, Foreman pg 366 The state vs Elias Barefield Assault with intent to murder. True Bill. The State vs James Adams Turning from the house. True Bill The State vs Willis McLendon Assault and Battery. True Bill The State vs John Barefield, Warren Barefield, Elias Barfield, James Stubbs True Bill E.H. Rawls vs James G. Moulton Fi fa & Rule nisi against Sheriff It appearing that L.Q. McCrary, Sheriff of Taylor County has been called upon by rule nise in the above case to show cause why he fails to pay over to the pl'f. Having failed to show cause, court orders him to pay over the money or be held in contempt of court. Thadeus Oliver, the Sec Gen of the court has failed to attend this term. Ordered that Wm L. Elam, an attorney of this cour be appointed Sol pro tem to prepare the isntruments and other business of the court. The State vs Marion Cox. Jury find the defendant guilty. William Chue, Foreman pg 369 William Page vs Sarah Page Jury find that sufficient proof has been referred to authorize a total divorce. April 6, 1859. The State vs Marion Cox. Misdemeanor and verdict of guilty Ordered that defendant pay a fine of $50.00 and cost of prosecution and that he be confined in common jail for six days and not to be discharged from thence until he has paid the $50.00, cost of prosecution, and jail fees. The State vs John M. Denson Assault & Battery True Bill The State vs Elias Hortman Fornication True Bill The State vs Joseph Blair Misdemeanor True Bill The State vs Sarah Sutton Fornication True Bill Mary Ann Foster vs Jeremiah Wilchar Jury find and decree that Mary Ann Foster, complaintant is the granddaughter of Jordan Wilchar dec'd and as such is entitled to a distribution share of the estate of said Jordan Wilchar that said Jordan Wilchar dec'd (*I think this is in error and should be Jeremiah dec'd) being the next of kin or distributor and representative that the share of said complaintant is one seventeenth of said estate. We further find and decree that the accoutn of the Administration of said Jordan Wilcher be referred to David Worsham of the County of Marion to ascertain the amount the share of said complainant. David Worsham is to make his return of the same to this court whereupon the said defendant shall return in his hands for the sole and separate use benefit and support complainant and her child, William. Trustee with leave to pay over to compl't the said interest and said share until said may be applied for said compl't and her child to the exclusion of the marital rights of her present or any future husband. it is further decreed that said def't pay out of said share $100 counsel fees to W.W. Corbitt, compl't solicitor and that the cost of this proceeding be paid out to comp't. H.H. Mangham, Foreman Ordered that County Treasurer pay J.B. Wright $3.00 ? at this term of court. pg 370 The State vs John Barefield Jury find John Barefield, the prisoner Guilty. C.F. Fickling Foreman (A.M. Brooks, Thos Wilson, C.L. Walker, John Huston Joseph Gentry, Joseph F. Bowland, Joseph Philips, W.F. Turks, S.L. Brewere, J.W. Searcey, James Daniel Jurors) The Securities of Elbert Fagin, arrest on Bail process at the instance William J Hamilton having surrendered him up to the Sheriff in open court. It is ordered that said Jail securities be exonerated from all liability. Bryant Ingram vs Benjamin F. Mitchell Jury find for def't with cost of suit. Willis Hobbs,Foreman. YH Caldwell, George A Heath, G.G. Pollen, W.H. Caldwell, CH Cobb, Burnett Stewart, Wm M. Stuckery, R.P. Hays, John H. Grace, Wm H Grier The State vs John Dawson The defendant in this case was duly called 3 times and di not appear and the said John M having given bond for his appearance with one John H. Grace as his security, and the said John H. Grace was duly called 3 times and required to produce the body of said John M. Dawson. Ordered that seri facias be made on the parties calling on them to shew cause at the next term of court. Martha T. Lowe vs William R. Lowe Exe of William H Lowe Motion for dower. It appears that the order from last term of court to assign dower to Martha T. Lowe, widow of W.H. Lowe having failed, ordered that they have until the 3rd Monday in May to make their return. The State vs Elias Barefield True Bill The State vs Joshua Tennison True Bill Assault with intent to murder H.H. Mangham, Foreman The state vs John Barefield. Indictment in Superior Court, Taylor County, for obtaining property by ? of false writings and verdict of guilty. Ordered by the court that said John Barefield be taken to the common jail and safely confined until you can be delivered to the penitentary of the state and be confined to hard labor for the term of five years fully to be completed and ending from the date of your delivery to the penitentiary. pg 371 The Grand Jurors to wit: Henry H Mangham, Gideon Newsome, Enoch Garrett, George G. Potter, Charles H. Cobb, George A. Heath, Bennett Stewart, Henry N Duke, William Anderson, William H. Grier, Robert P Hays, John H. Grace, William H. Caldwell, Yelverton H. Caldwell, William Stuckey, Thomas H. Brown, Wiley B. Shepherd, John Sturdivant, Gideon M Davis, Willis Hobbs. In the name and behalf of the citizens of Georgia charge and accuse John Barefield, Warren Barefield, Elias Barefield, and James Stubb of the county of Taylor with the offense of obtaining chattle and by false color of counterfeit writings for that the said John Barefield, Warren Barefield, Elias Barefield and James Stubb on the 9th day of March in the year 1859 with force and arms did design by color of certain counterfeit writings perporting to be promisory notes made in the name fo Slaughter Hill (the brother of Archibald Hill) of Macon County, GA purporting to be for the sum of $100 and the other for $50 both dated 7th day of March 1859 and the 25th day of Dec thereafter and payable to John Barefield or bearer obtained from John Hudson one bay horse and one black milch cow and calf of the value of $150 and the property of John Hutson with the intent then and there to defraud said John Hudson of said horse, cow and calf. Wm D. Elam, Solicitor General pro tem The prisoner, John Barefield, arraigned and pleads not guilty. William D. Elam To all singular Sheriffs, coroners and constables of said state, ordered the John Barefield, Elias Barefield, Warren Barefield be taken into custody and brought before the Justices of the Inferior Court or Justice of Peace that they may be held within the law. 6 April 1859. The State vs John Barefield, et al Rule nisi for a new trial. On hearing argument, ordered the the rule be discharged and that this order be entered on the minutes of the court. Indictment and sentence is superceded and surpassed as the case is taken to the Supreme Court. The court feels that the Butler jail is not secure and prisoners are taken to Columbus. Brief of testimony. John Hudson sworn says on the 9th March inst John Barefield caem to the house of witness, and asked if Warren Barefield was there. Witness told him he had not been there. Prisoner said he was to have been there. Prisoner said he was to have met Warren Barefield there. Prisoner then proposed to buy a young mule from witness. Witness replied that the mule did not belong to witness. Prisoner then said he thought that witness was the proper one to come to. Witness said he would not sell the mule without the consent of his son whom the mule belonged. Prisoner than said had $150 of good notes on Slaughter Hill and in the conversation, witness asked if Slaughter Hill was not Arch Hill's brother and preisoner answered that he was but Slaughter Hill was better than Arch Hill and was worth five times as much and that the notes were better than if they were on Arch Hill. Witness said he knew Arch Hill to be a man of property. Prisoner then asked what witness would take for his pony. Witness offered to take $125. The son of witness then came up and witness told him what Barefield wanted. Barefield told Roland Hudson, the son of witness, that the notes were as good as could be made in MaconCounty. Roland would not sell the mule. Prisoner then seemed very anxious to buy the pony but rec? ? the notes would windup by saying they were no account . Witness supposed by way of R ? Prisoner said he had sold his horse out of the plow to Slaughter Hill for these notes and was alleged to have one to put in his place after a while Warren Barefield came and Stubbs came with him. John Barefield went off a while and then came back proposed again to buy the pony. Witness then sold him pony and a cow for the notes. Here two notes of which the following are copies were exhibited to the witness he stated he had no doubt these were the notes received by him in payment for the pony and cow $100 by the 25th Dec next promise to pay John Barefield or bearer the $100 for value received March 7, 1859. Slaughter Hill (x) The horse was worth $125 and the cow and calf $25. Cross examined: Says he has enver seen Slaughter Hill whose name is signed to the notes does not know where prisoner lives, knows him when he sees him. He never presented the notes to Slaughter Hill or to any man because he heard soon after the trade that it was a trick and that Slaughter Hill who signed the notes was a boy of that name. The trade made with John Barefield was made at witness shop. Warren Barefield, Roland Hudson, Stubbs Prisoner, and witness were there present. Prisoner did say that the notes were not good and not worth carrying home. He said it in a romacing way at least the impression of witness was this was said in jest. Elias Barefiled was not there this occurred in this county on the ninth March last. Slaughter Hill sworn says he never bought a horse from John Barefield, has a brother named Arch Hill knows no other Arch Hill, did not sign the notes taht have been in exhibited to John Hudson always write his name and never made his mark. The notes aforementioned were ? read to the Jury by the prosection. John Ray sworn says a few days after the purchase of the horse and cow, John Barefield came to the house of witness and asked him what he had made that week. Witness said him and his folks had not made more than a support. Prisoner said he made $150. Witness asked him how he made he said he got a note on Slaughter Hill and traded it to old Mr. Hudson for a horse and cow and calf. Witness asked prisoner how he came to get the note. Prisoner said he and Alex Barefield had got in with the boy Slaughter Hill to give the note so he could buy a horse with it. THen asked witness what he thought of it and the wintess replied that it was a sorry trick and advised Barefield to take the horse and cow and calf back to him, the said Hudson and get the notes and burn them up. Witness says that he ought to have stolen before that. Prisoner said he took witness along to see that he did not recommend the notes to old man Hudson but told him they were no account, does not recollect anything more that is material. Prisoner said he knew as well as anybody when he did a sorry trick but this was a dammed smart one, a few days afterwards prisoner said if he got out of this scrape he would then a trick worth two of it. heard prisoner say he was to keep the horse and work him until fall and then sell him and divide the money with Alex Barefield. Alex Barefield was to give the boy Slaughter Hill a suit of clothes for signing the notes. The boy was with Alex Barefield his name is Slaughter Hill. Thinks he has good sense. Prisoner told witness that the boy Slaughter Hill signed the notes the boy Slaughter cannot write and has no property that witness knows of. Henry Joiner sworn says: He heard John Barefield say on the Saturday after he made the trade that it was his intention to fool Rowland Hudson out of the mule but as he couldn't get the mule he thought it was well enough to take old Jack's horse. Elias and John Barefield were both at house of witness. Witness told them it was wrong old man Hudson that he was poor and needed all he had. said body had to work for a living and it had as be Hudson as anybody. Prisoner said the horse was so much made clear and that he would not give his knife for the note. Here the State closed. Testimony for Prisoner: Malichi Jones sworn says he wrote the notes that have heretofore exhbited to Jury at the request of John Barefield. He seen a boy whose name is said to be Slaughter Hill sign the note by making his mark in Macon County on the day the notes were dated at the house of John Thompson. Prisoner said the notes were given for a horse that he had sold to the boy. He afterwards said if Hudson would pay him for a week's work he had lost and one night study, he would let the old man Hudson have his horse back for he had lost a week's work and one nightes sleep in divining the trick. John M. Thompson sworn says he thinks the notes heretofore exhibited are in Malichi Jones' handwriting, saw the notes about the time they were dated, and saw the boy called Slaughter Hill make a mark or sign the note, this was at the house of witness. Witness did not get there until after the notes were written. The boy Slaughter Hill is not the brother of Arch Hill. Think he is worth nothing, knows of his having no property, the boy works with Alex Barefield, knows Slaughter Hill who was present in court and he is a man of property. Wm H. Ray sworn says he was present at the time the transactions between Hudson and Barefield took place. Prisoner wanted to buy Hudson's horse. Hudson said he did not want to sell the horse, after considerable talk prisoner proposed to give the notes for the horse and a twenty five cow and calf about the time of the trade, prisoner said the notes were no account does not remember his saying that the notes were on Slaughter Hill the brother of Archibald Hill, he might have said it, but if he did witness did not hear it was not paying much attention to what was said. Cross examined: Thinks the notes in court were the same that prisoner traded to Hudson when prisoner said the notes were no account. Witness thought it mere idle talk and thought the notes were on Slaughter Hill of Macon County. Prisoner said he had sold a horse to Slaughter Hill of Macon County for the notes. Prisoner did say on the day of the trade that Slaughter Hill was worth five times as much as Arch Hill. John Ray reintroduced says knows of Prisoner owning one mule about the first of March. Has seen prisoner in possession since the transaction with Hudson. Since the trade prisoner told witness that he and Warren Barefield laid the plan to get the horse when they and witness were setting up with Jewel's wife. Examined, approved and ordered to be entered on the minutes of teh court April 7th 1859. The State vs John Barefield. Indictment for passing counterfeit notes. Ordered that upon the defendant giving bond and security of $2500 be discharged from custody in the above case . J. Morris vs Joseph H. Brown, Prin E.B. Watters, Security It is ordered and agreed between the parties be transferred to the appeal. Thomas Steptman vs Milburn Sunon At this time the court plt'f attornery comes and suggests that the death of Thomas Steptman, the plaintiff be made a part of the minutes. *not sure about the spelling of this last name. pg 375 Ordered that the county treasurer pay Jesse Garrett, $7.00 for his services as Bailiff; John Herricks $7.50; Jesse Stallings $8.00; John Turner $9.00 and A.W. Martin $6.00 all for services as Bailiff--it being $1.50 per day and night service. Ordered that the county treasurer pay John B. Wright $2.00 for the hire of his horse in bringing witnesses before the Grand Jury. Marcus Crom vs Town Commissioners Upon hearing the petition of Marcus Crom and the return of the Commissioners, R.B. Rucker, E.H. Wilson, William P. Edwards, and W.W. Huff, it is ordered that the decision of said commissioner be sustained that the certiorari be dismissed and that said Marcus Crom pay the cost of the certiorari. *might be Crone Abraham Seigler vs James M. Willis It appearing to the court that the justices in the above court erred in this that counsel for plaintiff should testify in said cause, it is therefore ordered and adjudged by the court that said cause be remanded back for a new trial on the ground that they erred in allowing plaintiff's counsel to swear in said case as to matters which came to his knowledge by reason of the situation of client and attorney and that the cost of this proceedings. Isaac Spinks vs. Hull & Patterson Certiorari from the Justice court of 853 district GM Ordered that certiorari in this case be dismissed and the decision of the court below be affirmed and def't in fi fa Isaac Spinks to pay the cost of proceedings. J.D. Tennison vs Wm H. Montfort Ordered that certiorari be dismissed and that the judgment of the court be affirmed and the fi fa proceed against the def't James D. Tennison for this proceeding. The State vs Willis McLendon Assault and Battery and plea of guilty Ordered and adjudged by this court that the def't pay a fine of $5 and cost of this proceeding. The State vs John Barefield, Warren Barefield, Elias Barefield, Jos Stubbs Indictment for passing counterfeit notes April Term 1859 with consent of the court & Solicitor General it is ordered by the court that a note pro____ be entered in the above stated case as to Warren Barefield and Elias Barefield and that this order be on the minutes of the court. pg 376 William M. Castellow vs Nathaniel Walker et al It appearing to the court that the minor children of Allen Walker parties defendants have not been served with copies of the original in the above case. It is therefore ordered by the court that complainant have leave until the next term of court to perfect service on said minor children of Allen W. Walker and said bill be considered as being returned at the next October term of the court. J.B. & W.A. Ross vs Hicks & Mosley It being represented to the court that process to hold the above stated defendants to bail was placed into the hands of the Sheriff in time for him to have arrested them and taken them in the good and sufficient bail as required by law and having failed to take such security. Ordered that said McCrary, Sheriff, do show cause as soon as can be heard why he should not be made specail baid in said case and taken and deemed libel in such. I acknowledge due and legal service on the above rule and waive copy. April 5, 1859. L.Q.C. McCrary, Sheriff Court rules same be discharged. John H. Borders vs. Daniel Worsham Complaint on land Agreed by parties that the tract of land sued for in each of said action is one and the same and the title the same and the case be consolidated and tried together and that the witness and evidence in both. Hereby transferred to the appeal dockett and tried before a special jury. John Doe on the demis Charles J. Devenport, Jordan Wilcher and Mansel J. McBride vs Richard Roe, casual ejector, Obediah R. Harris Tenant Parties consenting by the plt'f paying the cost; ordered that a new suite be set aside and stand for trial on the Appeal docket at the next Oct term of this court. pg 377 On Monday April 4th, William W. Corbitt Esqr announced the death of the Hon Hopkin Holsey, late a member of this Board and moved the appointment of a committee to report on the occasion. Whereupon the court appointed William W. Corbitt, Allen F. Owen, Stephen F. Miller and George R. Hunter Esqr as that committee. Thursday Morning April 7th, by direction of the committee, Stephen F. Miller, reports as follows. That the deceased brother possessed the qualities which entitle his memory to the highest veneration as will appear by specifying some of the outlines of a character which will long be fondly remembered by professional brethren as well as the people of Georgia who he had served in a distinguished official position. Col. Holsey was born in Hancock County, in the year 1799, and completed his education at Columbia College in the State of South Carolina. While prosecuting his legal studies, he attended the Law School of Judge Reeve, at Litchfield, and was admitted to the Bar in 1821. Soon after he was elected a representative from Hancock county in the Legislature, where his talents commanded public notice. Easey in his fortune, he did not consider it necessary to apply himself to severe labor in the profession, which other aspirants, less favored in that respect, had generally to submit to as the sole method of success. His taste and qualifications for political life had so increased, that in the year 1856 he was nominated by the Union party, and elected by general ticket as a Representative in congress. His course in that body was marked by firmness and intelligence and gave him a prominence in public estimation which he retained through all the party conflicts in which he participated. He was a great lover of the Union, and adhered to the doctrines of General Jackson for its preservation. For this purpose he established a public journal of his own, which he conducted with ability for about six years, until he relinquished editorial life and again took his place at the Bar. Removing from Athens in 1854, he resided awhile at Americus where he opened an office, and was highly esteemed by his professional associates there for his uniform courtesies and elevation of character. From thence he came to Butler, where he spent the remainder of his days. What has been his course here, and how greatly respected, is too well known to require your Committee to enlarge. Col Holsey had been in declining healty for the last two or three years, from a dropsical affection; but the symptoms excited in his mind no serious apprehension of danger. On Thursday, 31st ultimo, he was out nearly the whole day, giving directions, on his farm. After partaking heartily of supper, and leaving the table in his usual cheerful mood he took a seat by the fire. In a few minutes he was found lifeless, sitting in his chair, his head a little drooped on one shoulder as if sleeping. He was addressed by the voice of affection, but no answer came. His noble heart had ceased to beat! In summing up his character, your committee do not hesitate to say that Col Holsey was a man of the purest honor, and of singular goodness of disposition. He was a scholar of discriminating taste, well versed in the best authors, and especially in political science. He traced the principle of government to this source, and could always give satisfactory reasons for his conclusion. Such was the interest he took in politics, that he frequently declared his intention to prepare a work, when leisure permitted him, giving the result of his investigations to the public. A volume on such a topic from a gentlyeman so careful and solid in his reflections, would have been of essential benefit to the country. As a writer he was clear in his conceptions, logical in arrangement and perspicuous in style. His speeches and editorial articles bear this testimony. It is cause of serious regret that his projected treatise on Government was never written. His abilities and research as a Statesman amply qualified him for the task. In his social relations, there seemed to be no room for improvement. He was all kindness and urbanity. His conversational powers were of a very high order, and his address was at all times please. Col Holsey united in himself the frankess of the age in which he was educated, among the last of our Revolutionary statesmen, with the zeal of a more recent period in poliitcal discussions. His personal worth was all that friends could desire; and his capacity to investigate legal questions, to comprehend principles, and to present them forcibly, was admitted by all his professional brethren who ever heard him when the occasion demanded a close argument. He was truly a model of generosity at the Bar, of reverence for the law, and of respect for the tribunals of its administration. Such was our beloved brother whose genial face we shall behold no more on earth. He has been taken from us suddenly, and may this dispensation of Heaven influence us all to prepare for our final account. The life of our departed friend was upright, his heart imbued with religious truth, and he died at peace with all mankind. 1. Resolved, That we have heard with painful regret of the death of Hopkins Holsey, late a distinguished member of this Bar; and that in token of our regard for his memory, we will wear the usual badge of mourning for thirty days. 2. Resolved, That we tender to the family of the deceased our unfeigned condolence in their great bereavement, and that the clerk furnish them a certified copy of these proceedings. 3. Resolved. That a copy be sent for publication in the Daily Columbus Enquirer, and that other papers in Columbus, and also the papers in Macon and Athens be requested to copy the same. 4. Resolved. That the court be respectfully request to permit these proceedings to be entered on its Minutes. Stephen F. Miller, Wm. W. Corbitt, Geo R. Hunter, A.F. Owen. pg 379 To Thomas J. Riley, Andrew J. Colbert, Abel Windham, C.B. Dickson, and Robert Lucas, freeholders of said county. Whereas at the Superior Court held on 1st Monday in Oct 1858, Henrietta Swift filed a petition praying the appointment of Commissioners to lay off the dower from lands of her deceased husband, A.M. K. Swift. Lot numbers not known, but 170 acres in 14th District, and one town lot in Reynolds (number not known) with a store house, thereon purchased by Bryant Ingram at Sheriff's sale. Return on 1st Monday of April next. 27th day of Oct, 1858. Report of Commissioners: They found the said lot in 14th District and commenced at northwest corner and measured 77 Rods, to southwest corner then 116 Rods and 1 yard on the western line to a light wood stack thence across said land 77 Rods northern to a light wood stack, etc. 56 acres of land. J.R. Lucious, C.R. Dickson, Abel Windham Court ordered the report to be entered as a final and conclusive judgment between the parties, clerk of court to issue writ of possession to the said Henrietta Swift and Sheriff do recover of Jesse D. Beall the sum of $6.10 for the cost of the trial. pg 360 The undersigned commissioners appointed to lay off dower to Martha Watson fomerly Martha Barnes, widow of Wright Barnes deceased in lot of land #252 in 3rd Dist. Report on 28th day of Octore 1858, we were sworn before William H. Royal, one of the justices of peace, and employed Jonathan Stewart as Surveyor, assigning to widow 25 acres one Rod and nineteen poles on the east side of said parcel of land Orator William Z. Fuller, trustee for Eliza W. Miller, has in his possession about $2440 as funds belonging said trust, and he is desirous to purchase land and negroes with and that said Eliza consents thereto. Requests to invest money in land and negroes for the benefit of said trust estate. William Z. Fuller I consnet that the above be granted and that said funds be applied as prayed. Eliza W. Miller In chambers March 31, 1859, approves and requests this become part of the minutes. Edward H. Worrell pg 381 Thomas C. Dempsey vs Charles Hamlin, Deft, Holcomb & Power, claimant. Adjudged that the sum of $44.30 be raised by sale of property levied on by above fi fa shall be paid, being the balance of purchase money unpaid by def't in fi fa to claimant. W.W. Corbitt, Pl'f attryn Whereupon it is ordered that said fi fa do proceed into lot Number 10 in Square 18, town of Reynolds and on the sale of the same, the Sheriff to pay claimant's attorney $44.30. Macon, 2nd district. Friday 4th Feb 1859. The Honorable Superior Court med pursuant to adjournment. Present: Honore Joseph Lumpkin, Charles J. McDonald, and Henry L. Benning, Judges. Asa Marshall pl'f vs Thomas J. Draughorn. This case came before the court upon a transcript of the record from the Superior Court of Taylor County, and after arugment, adjudged by the court below erred in overruling the demurrer to the bill. The case made by the complainant in the failure to insert in the warrantee of soundness an exception as to the stiff neck the boy and the effect of the whipping just been inflicted upon him and it is the opinion of this court , it is so adjudged that for these the seller liable upon his warrentee. Bill of cost case carried to Judge $3.75, Reg procedings $4.25; Req of opinion $3.50; Remb $1.25; Sheriff $1.25 Total$14.00 Macon, 2nd district. Friday 4th Feb 1859. The Honorable Superior Court med pursuant to adjournment. Present: Honors Joseph Lumpkin, Charles J. McDonald, and Henry L. Benning, Judges. William C. Scott, pl't in error vs Gideon Newsome Judged that the judgement of the court below be upheld. pg 362 Macon, 2nd district. Friday 4th Feb 1859. The Honorable Superior Court med pursuant to adjournment. Present: Honore Joseph Lumpkin, Charles J. McDonald, and Henry L. Benning, Judges. Charles Davenport vs Obediah R. Harris Judgement of the court below be affirmed. To the Honorable Superior Court, the petition of William H. Ferguson respectfully showed that he is the owner a deed made to him by Andrew A. Fuqua a lot of land #98 in the 14th District, and that deed has not been recorded, and original has been lost. Copy recorded: Laurens County. This indenture made the nineteenth day of November in the year of our Lord one thousand eight hundred and fifty three (1853) between Anderew A. Fuqua of the state and county aforesaid, and William H. Ferguson of the county of DeKalb of the other part. That the said Andrew A. Fuqua for and in consideration of $300 to him in hand paid at and before the sealing and delivery of these presents the receipt whereof is hereby acknowledged hath sold.... that tract of land lying in 14th district of Muscogee now Taylor, lot number 98... Andrew A. Fuqua (seal) Witness: B.H. Horn, Washington Baker, JP pg 383 Upon hearing the petition of Henrietta Swift, for her dower on the land owned by dec'd husband, A.M.K. Swift, which was sold at Sheriff's sale purchased by Elija Hicks, a dwelling house and lots in the village of Reynolds, now occupied by said Hicks. Ordered that C.B. Dickson, Abel Windham, J.R. Lucious, David O Smith and John C. Cozatt be appointed commissioners. The petition of John H. Grace, trustee for his wife, Emeline Grace, sheweth that there is a small negro girl named Kizziah, ten years of age that said negro is of no service and of little value, and that petitioner has in hand ___ dollars, and that said small negor is of the value ___, shows that by the sale of said small negro he can realize sufficient money together with the funds now on hand to purchase a negro women old enough to cook and do work for your petitioner's wife. Shows that Emeline is anxious and willing that said negro girl be sold. I hereby consent and agree. Emiline H. Grace Granted. I, Gabriel Benswanger, solemly swear in the presence of Almight God, that I am not possessed of any real or personal estate, debts or credit, securities or contracts, whatsoever, my wearing apparell beding for myself and family and working tools or implements of my trade or calling together with the necessary equipment of a Militia soldier except other than are contained in the schedule now delivered and that I have not directly or indirectly since my imprisonment or before sold, leased, assigned or otherwise disposed of or made over in trust for myself or otherwise any part of land estate good, stock, money, debts, credits whatsoever whereby any money may hereafter may become payable or any real or personal estate whereby to have or expect any benefit or profit to myslef, my wife, or my heirs so help me God. Subscribed in open court. Gabriel Benswanger. Commissioners appointed to ascertain the dower of Peggy Pope, widow of Britton Pope, have assigned to the said Peggy as her dower 149 acres, two roda and 21 poles on the north side of #78 in the 14th District. C.B. Dickson, John T. Gray, Bartley McCrary Also the town lot in Butler, known as the Stalbe lot containing one acre now in the possession of John H. Grace, and the half lot in Butler, known as the east half of lot No ? in Block No 5, sum of $325 to be paid to the Peggy Pope in lieu of her said dower in the said premises. pg 385 Thaddeus Oliver the Sol Gen failed to attend, Wm D. Elam appointed Sol Gen pro tem to prepare the indictments. John A. Cameron vs J.P. McCrary John A. Cameron vs Bartley McCrary Consent of parties to transfer to appeal dockett Blyler & Klin vs Bynum A. Horton Judgement to plaintiff $149.44 with interest from Feb 18, 1857 Macon Ice Company vs Henry A. Horton Judgement to plt'f $69.30 John S. Davidson vs Lucious Q.C. McCrary, Sheriff Motion to distribute money raised by sale of property of A.M.K. Swift dec'd by consent of parties, transferred to appeal dockett. pg 386 John Walker vs Jacob Puri Transferred to appeal Wm. G. Ruggles vs Bryant Ingram, Henry H. Long and Benjamin F. Newsom Confess judgement to plt'f $100.00 Joseph E. Brown, Gov vs. James Layfield & securities Jury finds for pl'f $65.00 J.W. Joiner, Foreman J.R. Hall & Co vs Charles Mulkey By consent of parties transferred to appeal Arthur (Asher ?) Ayers vs Burrel M. Denson Thomas Amerson Judgement to plt'f $54.24 The State vs Joshua Tenneson Assault & Battery Defendant called three times and not appearing, his security, Jesse Tenneson was likewise called three times. Bond is hereby forfeited. It appears to the court that Gabriel Benswanger has during the present term of court taken the benefit of the act for the relief of insolvent debtors and has returned sudnre assets in his schedule and has filed same. James T. Harmon to become trustee of said assets. pg 387 Edward W. Marshall vs May & Lipson Deft W.L. Fowler, claimant. Jury find for claimant the premises in dispute. H.H. Mangham, Foreman April 6, 1859. This day came William D. Dlam, Sol Gen, shows that on the 31st day of Aug 1858, Joshua Tenneson and Jeremiah Wilchar entered into an obligation before R.B. Rucker, J. Hand, J.H. Wallace, JP of Taylor County by which they acknowledged themselves to owe and jointed indebted to Joseph E. Brown, Governor of the said state in the sum of $1,000 to be voin on condition that the said Joshua Tenneson shall be and appear at the next Superior Court to be held 1st Monday in Oct to do and perform whatever may be enjoined upon him by said court and to keep the peace and at Oct 1858 term there was a true Bill for an assault & Battery to which indictment, the said Joshua has not pleaded now, on this day the said Joshua Tenneson being solemnly called to answer said charge, and the Jeremiah Wilchar, his bail having been three times named to produce, and failed. Joseph E. Brown to recover against them the sum of $1,000. Samuel Montgomery vs Young V. McCutcheon Jury finds for def't H.H. Mangham, Foreman John Hutson vs Henry N. Duke Bill in Equity. It appearing to the court that bond fo titles made by defendant to William Smith for titles to land, the land in dispute and attested by Darling G. Duke and Edmund Stewart has been attached to interrogatories. G.P. Culverhouse Pro tem anis of Lucy Worthy vs Asa Marshall, Admin of James M. Marshall Respondant in above case has not filed his answer to said bill. Same be taken as proconfession. Culverhouse & Ansley, Conpl Solicitor pg 389 The State vs Philip Hampton Cheat & swindle. True Bill Patten Hutten & Co vs Henry H. Long Judgement to pl'f $56.24 John Watson & wife et all vs Jesse Barefield Bill in equity Consent of parties to appeal John Whatley Adm of Daniel Whatley vs Daniel W. Miller (2 cases) Ordered that above cases be consolidated and transferred to appeal docket. D.W. Miller, W.W. Corbit, Plt'f attny Bryant Ingram vs B.F. Mitchell Rule ni si for a new trail granted. The State vs Marion Cox Misdeameanor Charged by court and grand jury found guilty ordered to two months imprisonment in the jail of said county and a fine of $50 Y.H. Caldwell vs J.A. & F.S. Rucker Case be remanded for a new trial as magistrate erred in introducing the books for the years 1854 & 1855 to show entries therein, that defendant's children bought goods on his credit and the plan'tf recover of def't their cost of this proceedings. pg 390 Nancy Cody by her next friend, Lewis Hill vs Elias Cody, Benj Cody et all After argument heard, case ordered to proceed H.H. Long vs W.R. Shepherd Certiori, after hearing argument ordered that the same be sustained. J.T. McCrary vs John H. Grace Transferred to appeal Jesse Stallings, John Turner, Jesse Garret, John Hericks, and A. Martin each have been in attendance on the court as constables for two days, ordered that each receive $3.00. John Hinton $1.50 for guarding a prisoner one night. Sarah Jane Griggs vs John David Bill in Equity. On motion ordered that complainant have leave to ? the above bill. James Williamson et al vs Freeman Walker & Lawrence Walker exec of Persons Walker. Parties agree that case be transferred to appeal It appearing to the court that the above cannont be properly investigated by a jury, that Defendants refer answer to Daniel W. Miller as auditor of said estate and accounts, as amount on hand, amount arising from sale of stock, amount of crops, amount of sale of land and received at the next term of this court. pg 391 John Hudson vs Henry N. Duke Bill for specific performance of agreement. Agreed that consideration Jack Brown & wife et al vs Bud Wright, Adm of Mary Martha Shelton Agreed that case be carried to appeal Andrew McCants vs Asa Marshall. Agreed to carry to appeal. W.R. Lowe ex vs Martha T. Lowe Transferred to appeal Eli B. Rogers vs Thomas G. Blackman Deft James Thompson Security. Scra Facias against Bail. Ordered dismissed. J.P. Griffin who sues for William Kendrick vs John A. Moss Fi Fa. Ordered that William Mulkey, Dept Sheriff return the above fifa into court together with his actings and show cause why he should not pay the plan'tf. Mulkey fails to appear and it seems he has in his hands $140.40 from the sale of defendant's effects, ordered to pay to plt'f attorney. pg 392 Commissioners appointed to set apart the dower for Martha T. Lowe, widow of William H. Lowe deceased, LL 224-3rd dist; 243, 244, 238, 237 2nd dist; lots 16 & 17 of 13th dist; report on the 20th Feb 1859 ascertained the lots contained 618 acres, two rods and 12 perches. 283 acres bounding the portion willed to Martha T. Lowe by said Wm H. Lowe, deceased, on the east, south and west was admeasured, laid off and assigned to dower. Daniel Royal, A.L. Wilson, Edmund Stewart, John S. Murray, William A.H. Royal pg 393 From information we have received from Simon Cox, fahter of Marion Cox in regard to the difficulty between Cox and Watters, we have arrived at a different conclusion in this affair and request that Cox be released from imprisonment and that his fine be remitted by paying the cost of court and jail. Henry H. Mangham, Foreman of Grand Jury The Grand jury submits their report. Books of Superior Court found in order. Urges Road Commissioner to see that the Roads be kept in better repair. The Legislature has recently authorized the Grand Jury to devise a plan for using the money to be appropriated , we require that the said money be set apart as a poor school fund to be issued. The meager amount of the fund makes it inadequate to meet the demands of our common school system. Secondly we recommend that the previous act of 1858 is more suitable, and we recommend the Ordinary assess an additional tax of thirty percent for poor school purposes and that teachers of poor children be paid at the rate of five cents per day per scholar provided there is a sufficient funds in the hands of the ordinary. We recommend that the teachers be examined for their qualifications by the board of examiners appointed by the Inferior Court. H.H. Mangham,Foreman; Jonathan Stewart, Thomas J. Riley, Willis Hobbs, Yelverton H. Caldwell, Charles H. Cobb, Gideon Newsome, Enoch Garrett, Georga A. Heath, Henry N. Duke, William Anderson, Robert P. Hays, John H. Grace, William H. Caldwell, William M. Stuckey, Thomas H. Brown, John Sturdivant, Gideon M. Davis, William Montgomery. pg 395 List of Grand Jurors drawn for October Term of court James M. Willis Joseph Brunson Jesse Adams Theophilus McGee Joseph H. Sheridan Peter T. Montfort EM Robinson John Windham W.C. Sibley Captain L. Walker Richard H. Rucker Septimus Brewer J.H. Caldwell Jacob Saylor James Williamson A.M. Rhodes William Griffeth J.A. Willis Uriah Wilson J.S. Gray John Searcy James A. Rucker A.J. Colbert Bartley McCrary Robert Scandrett John T. Parker James Bartlett Wm H. Christopher S.H. Dwight William J.F. Mitchell M.L. Brand William Northern James Ellison H.H. Long Joseph Hollis William Wilson PETIT JURORS James Whittle J.T. Ricker G.T. McCrary A.J. Calhoun J. Williams John Jinks W.R. Shepherd Wesley Cox Chapman Barefield Daniel Worsham W. Garrett James Revel A. Morrell John Parks N. Sanders Osborn Downing W.G. Parks W. Bird Robert Prigen Thomas Wilson Cullen Bryan J.B. Mathews J.B. Greggs W.A. Ray Wm Culverhouse John Amerson H. Brewer John Humphries Wm Fickling Mathew Rogers James Binum D.B. Lawson John Silas John Spellers Miar Posey Amos Rogers Ursi Moore Elias Cody J.B. Windham Thomas Edwards William Stewart B. Wilson H. Everett A. Posey B. Dowing pg 396 OCTOBER TERM 1859 Oct 5. The Honorable Edward H. Worrell presiding. Grand Jurors Chosen and Sworn Andrew J. Colbert, Dempsey A.J. Willis, Joseph Hollis, E.M. Robertson, James Williamson, S.H. Dwight, John S. Parker, J.H. Caldwell, Joseph Brannon, Peter T. Montfort, John J. Saylor, William C. Sibley, John Searcey, Joseph H. Sheridan, Uriah Wilson, Jessee Adams, James S. Bartlett, William H. Griffeth, Captain B. Walker, Theophilus McGee, Absolem M. Rhodes. PETIT JURORS chosen and sworn James Whittle, William H. Fickling, J.B. Windham, W.W. Culverhouse, James Binum, D.B.M. Lawson, James Windham, James Revel, Amos Rogers, A. Morrell, H.J. Averett, Benjamin Downing, H. Brewer, W.H. Ray, J. Williams, J.W. Cox, William G. Parks, A.J. Calhoun, Osborn Downing, M. Posey, John L. Jinks, G.F. McCrary, D. Worsham, A. Posey Macon. Supreme Court Present Honors Joseph Harvey Lumpkin, Henry S. Benning Case of John Barefield vs State of GA After consideration of the transcript, affirm judgment of the court below. pg 397 T. Bow A Ross vs Hicks Mosely. Finds for plt'f $154 Elizabeth Wilson vs Benjamin R. Wilson Authorize total divorce Harriett Perry vs Jordan Wilchar, Adm of James Wilchar Jury finds for compl against deft $480.45 W.J. Anderson vs. Wm McDowell. Judgement for pl'f $52 George J. Hays vs John A. Watson and Young S. Joiner Jury for pln't $51 Mark J. McMullen vs William Hobbs Judgement for plt'f $345 A. Lee vs J.M. Culpepper Judgement for plt'f$126 Charles Mulkey vs John Joiner & Y.S. Joiner Judgement for plt'f $105 pg 398 John Sturdivant vs James Tennison Judgement for plt'f $60 L.C. Huffins vs Y.S. Joiner & John Joiner Judgement for plt'f $51.65 Lewis F. Hicks vs C.B. Marshall, J.W. James & Asa Marshall Judgement for plt'f $90 Lewis F. Hicks vs H.H. Long and Thomas Amerson Judgement for plt'f $300 W.H. Fickling, Foreman William M. Brown vs John A. Moss Rule nisi against L.Q..C. McCrary Sheriff. Rule dismissed Griffeth and Tennison vs John A. Cameron Judgement for plt'f $51 John Walker vs W.W. Corbitt Judgement for plt'f $500 pg 399 Town Commissioners vs C.W. Wade Ordered judgement of the court below be affirmed. C.W. Wade pay the court $7 Town Commissioners vs Franklin J. Sanders Ordered judgement of the court below be affirmed. The State vs Jasper Matthew Assaut with intent to murder. True Bill. T.J. Riley, Foreman State vs Zachariah Brand Murder True Bill. Thomas Jefferson Riley, Foreman T.W.Wilson vs W.H. McInvail, Wilborn Jinks, MP Brown Judgement for plt'f $51 Hull Duck & Co vs Rose and Mathews Judgement for plt'f $74.77 Eldridge C. Butt vs James M. Culpepper Judgement for plt'f $275 pg 400 William D. Elam, Solicitor pro tem prosecutor comes showing 17 June 1859, Philip Hampton and Eliza H. Hicks and Hollis H. Horton entered into an obligation before William Wadde, a Justice of Peace, acknowleding indebted to Joseph E. Brown Gov of Georgia, $2000 to be void if Philip Hampton appears to the Superior Court answering the charge of cheating and defrauding. Eliza H. Hicks and Hollis H. Horton (bail) have failed to produce the body. I, Adolph Baer do solemly swear that I do hereby absolutely, entirely and forever renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatsoever and particularly to the reinging King of Prussia and to the Government of Germany of which kingdom I was lately a subject and I do further swear that I will bear true faith and allegiance to the government of the United States and to the utmost of my ability support and defend the constitution of the United States and the consitution of the state of Georgia so help me God. Sworn to and subscribed in open court Nov 25, 1859. Adolphus Baer [1860 Census Adolph Baer is 29, a merchant; also Mitchell Baer 22, cleark and Gross, Alvin S. 21] Gideon M. Davis adm of Reuben B. Davis dec'd vs Curry P. Dickson Judgement for plt'f Plaintiff demands appeal pg 400 Griffeth & Tenneson vs James E. Roaper Judgement for plt'f $73 Demands appeal John Joiner vs R.W. Smith Court went to Supreme Court and they upheld the Superior Court. Now case with all the papers be sent back to the Inferior Court for a rehearing in conformity to the decision of the Supreme Court. W.W. Corbitt, Atty for Joiner Jacob Pure vs Edward F. Mahone Transferred to Appeal Robert Scandrett vs Charles Mulkey, Adm Transferred to Appeal Nancy Cody vs W. R. Lowe et al Judgement of the Supreme Court be made the judgement of this court and entered on the minutes. Thaddeus Oliver, Sol Gen having failed to attend court ordered that William B. Elam an attorney of this court be appointe pro tem. Jonathan P. McCrary vs John H. Grace Bill for discovery of relief in Inferior Court. On motion of def't counsel ordered that a rule nise issue calling on the pl'f to show cause at the next term of court. pg 401 The State vs Elias Barefield. Indictment for forgery. Jury found not guilty. ordered he be discharged. Aaron Windham vs John A. Moss Def't must by next term of court answer Asa Marshall vs W.H. Christopher certiora Magistrate in court below failed to send a full brief of evidence. Case for trial in next term of court The State vs Mary Ann Whittington & Joshua Tennison Adultery Case dismissed The State vs Joseph Blair Indictment Case not proven. Bail be discharged Louisa Denson vs Burrel M. Denson Libel for divorce Plt'f allowed until next term of court to perfect said service. Mary Ann Taylor vs Thomas Taylor Libel for divorce Plt'f allowed until next term of court to perfect said service. pg 403 Nancy Cody vs Benjamin Cody et al Ordered that all the defendants make full and complete answer to the allegations by 1st day of April 1860 term. H.H. Long vs Wm R. Shepherd Certiorari Case remanded for a rehearing George T. Rogers & Son vs Joshua Tenison Deft & James Tennison claim Motion of counsel that claimant be allowed to withdraw his claim Nancy Riley, Adm vs Thos J. Riley Case transferred to appeal pg 404 NOVEMBER TERM 1859 The Honorable Edward H. Worrell presiding List of Grand Jurors Mark A. Blanford appointe pro tem Sol General A.J. Colbert excused from serving on Grand Jury. Thomas J. Riley in his place. pg. 405 Amos Adams vs Martha Adams, Admin of Ezekiel Adams dec'd Jury find for complainants $103 Andrew J. Colbert, Foreman John Walker vs Jacob Puri Jury find for pl'f $70. S.H. Dwight, Foreman Courtney Tenant & Co vs Bain & Outlaw. Judgement for plt'f $332.80 D.O. Smith vs Woodard Barnes Judgement for plt'f $75 Orin House vs Woodard Barnes Judgement for plt'f $365 Joshua Grace vs James J. Calhoun Judgement to def't $18 George T. Coxwell et vs Gideon Newsome Adm of Stephen Johnson dec'd Jury find for def't Sean Smith & Whhilden vs James B. Bain Judgement for plt'f $207 pg 406 William J. Kendrick vs John A. Moss, Sampson Bell, claimant Jury find for claimant. S.H. Dwight, Foreman John Whatley Adm of Daniel Whatley dec' vs Daniel W. Miller Ordered to appeal Sarah Jane Griggs, Trustee vs John Daniel Bill for recovery Jane Griggs, trustee for Nancy Griggs filed her bill of equity calling John Daniel to account to her as trustee for a certain Negro woamn and his hire for a number of years & to further appearing, that since the filing of said bill, John Daniel has departed life and that James W. Daniel is the only legatee of said John Daniel, it is consented that James W. Daniel be substituted. State of Georgia vs Elias Barefield. Ordered Benjamin F. Reese $5 for appearing as witness for state. J.P. McCrary vs John H. Grace Jury Judgement for plt'f $300 S.H. Dwight, Foreman G.P. Culverhouse proc of Lucy Ann Worthy vs Asa Marshall Adm, of ? B Worthy Asa Marshall failed to answer. ordered to file by next term of court pg 407 State of Georgia vs Elias Barefield. Jury found not guilty of forgery charge. Ordered to be discharged. Mark & Cooper vs James B. Bain Judgement for plt'f $230 D.O. Smith, Adm vs John L. Daviston & Bryant Ingram Judgement for plt'f $59.25 D.O. Smith, Adm vs John L. Daviston & Wm Somille, Enoch Garret Judgement for plt'f $120.52 Jacob Pari vs Edward F. Mahon Case transferred to appeal Bryant Ingram vs Benjamin Mitchell Application for new trial is refused Aretus Turner vs Sarah Joiner Jury find for pl'f $1400 for the value of said Negro designated in this writ which may be discharged by delivery of said Negro (14 years old) to pl'f in 30 days. pg 408 W.W. Corbitt vs Thomas Walling Jury Judgement for plt'f $80 Griffeth and Tennison vs James E. Roper Judgement for plt'f $70 Waldheimer & Grossmeyer vs Crowe & Levey Jury Judgement for plt'f $677 The State vs Zachariah Brand Murder True Bill Thos J. Riley, Foreman Roger Fox vs Jas A. Rucker Jury Judgement for plt'f $256 Andrew McCants vs Asa Marshall Adm of James M. Marshall dec' Jury finds def't Admin to pay to compl't $3,000 being part of what complainant entitled to of the estate of said dec'd. This not being final until estate is completed. The State vs Joshua Tennison Assault with intent to murder Case cannot be proven. The State vs Joshua Tennison Assault and Battery. Indictment has been lost or destroyed, copy of indictment is ordered to be recorded. pg 409 The State vs Joshua Tennison. Jury finds defendant guilty Nov 24, 1859 W.H. Fickling, Foreman John A. Huff vs Wm H. Caldwell Jury Judgement for plt'f $257 Lewis Hill et al vs Sarah Joiner. Jury Judgement for plt'f $4,000 proven value fo said Negroes sued for in this writ which may be discharged by the delivery of said Negros within 30 days and the further sum of $1,000 for hire of said Negroes. S.H. Dwight, Foreman Appointment of Mark Blanford as pro tem Sol Gen revoked and John Peabody appointed. John Whatley Adm vs Daniel W. Miller Jury Judgement for plt'f $76 Elam B. Waters vs Allen Prigen Jury Judgement for plt'f John W. Walker vs W.W. Corbitt Judgement for plt'f $75 Ordered that county treasurer pay James ? M. Cooper $25 for books and stationery furnished to court. pg 410 W.P. Edwards Adm vs Bryant Ingram Jury orders that Bryant Ingram deliver to complainants the premises and the same be sold as the property of the estate of A.M. K. Swift. and the compl't refund to def't the purchase money paid by him for said store house, it being over $100 and allow the said Ingram to be paid by Admin $60T.J. Riley, Foreman Nancy Riley, Adm vs Peter E. Riley Case transferred to appeal Miller G. Hall vs Rhoda Morris Case transferred to appeal John Turner vs Robert Scandrett, John A. Hamilton, John M. Thompson Case transferred. Thomas J. Riley vs Nancy Riley, Adm Case transferred Sarah Pare vs Jacob Pare Motion for temporary alimony and expenses of debt for divorce, $100 for use of attorney Daniel W. Miller pg 411 Sarah Jane Griggs vs John Daniel Jane Griggs(Adm of Nancy Griggs) filed her bill of equity calling on John Daniel to account for a certain Negro called Rose and her hire for a number of years. Ordered that James W. Daniel (his only legatee) be substituted for John Daniel dec'd. County treasurer ordered to pay as Baliffs: Jesse Stalling $12.24; David H. Williams $11.75; Richard J. David $5.00; William Anderson $15.00; Thomas R. Griggs $15; John Turner $11; Jesse Garrett $11; D.O. Smith, Dept Sher $5.75 for sundry articles furnished said court; LQC McCrary $13 for expenses in carrying prisoners to and from jail; Catherin Cameron $2.50 for feeding jurors and James A. Rucker, Dep She $28.65 for expenses paid out to State against Elias Barefield, John Barefield, Warren Barefield summoning witnesses and money paid out for horse hire and biggy hire. Ordered by court pay John A. Cameron $1.50 for putting a lock on the court house door and Enoch Garrett $4 for wood furnished the court. We the Grand Jury submit the following presentments. Examination of all books of Courts and Tax Collector found in good order. We find the upper portion of the County Jail not in good order. We call the attention of the Inferior Court the bridge near Samuel Montgomery and known as Montgomery's and recommend the same repaired. pg 412 We recommend the Inferior Court grant John Griffin leave to peddle in Taylor County without license. Also that the Inferior Court pay for the enclosure now being built around the courthouse. To those citizen who exert their influence in dispensing spiritous liqure in the town of Butler on Election Day 1st Monday in October, have our unqualified approbation. Appreciation to Honorable Edmund H. Worrell and Mark Blanford Sol Gen. Thomas J. Riley, Foreman Dempsey A.J. Willis, Joseph Hollis, Edmund M. Robinson, Turner Williamson, Sereno H. Dwight, John L. Parker, John H. Caldwell, Peter E. Montfort, John J. Saylor, William T. Sibley, John Searcy, Joseph J. Sheridan, Uriah Wilson, Jesse Adams, James L. Bartlett, William H. Griffith, Captain L. Walker, Theophilus McGee, Absolum M. Rhodes. Petit Jurors drawn for April 1860 Term James Windham, G.W.B. Joiner ?, John O'Neal, G.T. Moreel, A. Lavender, S.R. Hobbs, J.T. Ogletree, E.J. Taylor, James Pearson, John Palmore, E.B. Daniel, John B. Lee, R.S. Moore, N.L. Riley, U. Moore, Jas Hortman, Z.K. Hamilton, W.J. Newton, L.S. Hobbs, David L. Wactkor, Seaborn Mulkey, W. Hickey, B.S. Griffin, H.H. Loyd, Jas Bailey, Warren Barefield, Washingto Burnett, J. Bachelor, Robert Priggen, J.A. McCants, William H. Miller, James Currington, W.F. Brasington, J. Bachelor, T.W. Speight, G.W. Nelson, Wiliam T. Stewart, Pleasnat G. Shepherd, Aretus Turner, Doctor Herin, C.A. Adams, Elias Cody, Moody Barefiled, J.T. Dwigth, A.J. Rogers, Joel Mathews, Thomas Wilson, Thomas A. Springs GRAND JURY drawn for April 1860 Term H.C. Cogborn, W.A.H. Royal, Alfred Munson, John Searcey, Joseph Riley, W.E. Wilson, Hugh M. Niesler, Joseph H. Sheridan, John Whittington, Thomas J. Riley, James B. Hamilton, Wm Rose, Willis McClendon, Dempsey A.J. Willis, Robert Scandrett, Charles A. Loyd, James M. Stewart, Andrew McCants, John T. Gray, Robert P. Hays, Jeremiah C. McCants, Osburn Downing, Ammon Purvis, Arza Murray, Bartley McCrary, William R. Miller, Levi Turner, Thomas R. King, Charles Mulkey, Wiley McCrary, William J. Mitchell, Josiah Rhodes, Y.H. Caldwell, Jacob Kofner, J.S. Murray, W.H. Herd NOVEMBER TERM 1859 The Honorable Edward H. Worrell presiding File at: http://files.usgwarchives.net/ga/taylor/deeds/gdd90courtmin.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 64.1 Kb