Taylor County GaArchives Deed.....Court Minutes, Superior - Court Minutes, Superior 1857
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Virginia Crilley http://www.genrecords.net/emailregistry/vols/00003.html#0000642 November 10, 2004, 3:06 pm

Written: 1857

APRIL TERM 		1857


Court met agreeable to adjournment his Honor, Edmund H. Worrill, presiding, 
April 6th 1857. and adjourned the 9th 1/2 after 6 o'clock pm until the first 
Monday in October.

page 256
GRAND JURORS empanneled and sworn.

Wm J.F. Mitchell
David Deeland
Daniel Royal
James L Bartlett
John M. Hobbs
Thos J. Draughorn
James Williamson
Wm M Stuckey
Charles A. Loyd (Lloyd)
Wm A.H. Royal
Daniel Murray
John S.Murray
James M. Miller
John T. Gray
Henry Wacter
C.F Fickling
Simeon Thompson
Theophilus McGee
John Windham
Samuel Montgomery

PETIT JURORS sworn
J.P. McCrary
John J. Garrett
Washington Burnett
Abel Windham
C.D. Bynum
John L. Walker
Willis Jinks
A.T. Slaughter
Wm Lawson
Robert Walker
Wm T. Parks
Thos Cameron

Benj R. Wilson
J. Vinson
D. Lawson
R. Brown
Levin Layfield
Rowland Hudson
Hamilton Brewer
William Bryant
William Thompson
Enoch Duke
William Dickerson
Martin Brooks


B. McCrary vs
John W. Riley
confess judgement to pl'f $102.45

Bartley McCrary
vs
Columbus W. Wade
judgement to pl't $75.

The Bank of the State of Georgia
vs
Hopkins Holsey
judgement to pl't$450.00

pg 257

Davis Dawson
vs
J.A. and F.S. Rucker prin
Richard B. Rucker Sec.
judgement to pl't $816

The State vs
Lawrence Walker	True Bill

The State vs
William Lockhart	True Bill

The State vs
James L West		True Bill

John T. Hankerson
vs
Henry M. Tindell, trustee 
Ordered by the court that attachment is dismissed.

Seth W. Mulder
vs
Jeremiah Wilchar and James N. Harris	Trespass
It appearing to the court that the Interrogatories taken in the above case ____ 
exhibiter to Ellen Harris a material witness for def'g have been imperfectly 
executed. said witness having failed to answer said interrogatories, it is 
therefore ordered that def't have leave to withdraw said interrogatories, and 
commission and the same be executed.

John Doe ex dem
Henry Bakera nd Calvin Baker & F. Mahone
vs
Richard Roe cas eject
and Daniel W. Miller (Tenant in possession)
Consent of both parties, transferred to appeal

Elizabeth Paulk Adm   
vs
The Southwestern Rail Road Company
Jury finds for pl't $20,000 damages with cost of suit.

The defendant being dissatisfied with judgment of jury, having paid costs, 
demands and appeal. Brings Robert Scandrett and George W. Adamas and tenders 
them as their security - bound to Elizabeth Paulk, Administrix, the plaintiff 
for the payment of the eventual condemnation.

William A. Daniel
vs
Thomas H. Brown
judgement to pl'f $31.45

Danfurt & Nagel
vs
W.W. Corbitt
judgement to pl't (no amount indicated)

Jackson Fountain
vs
James Layfield and Jesse A. Hollingsworth
judgement to pl't $500

To Columbus Enquirer Dr to Oct 9 1855 for adjouring Superior Court $2.00 
ordered 
above account to be paid.

It appearing to the court that James T. Harmon has purchased of J.M. Boardman 
of 
Macon, books and stationary $13 and paid for same for the use of court, order 
for county treasurer to pay him for same.


pg 259

J.B. Wright, Adm
vs
Muscogee Rail Road
judgement to pl't for $53

Pierson & Heidt
vs
Ezekiel Adams & Martha Adams, Adm
Jury find for pl't $33.35

John Doe ex dem
John Owen & James A. Green
vs
Richard Rod cas eject
Willis Jinks Tennant
Jury finds for pl't, the premises in dispute to wit: Lot No 140 in 12th 
district 
of Taylor.

McMullen & England
vs
W.W. Corbitt
judgement to pl't $44.65

D.W. Summons
vs
W.W. Corbitt
judgement to pl't $76.26

Willis McLendon, Amd
vs
Thomas H. Brown
Jury finds for def't.  C.F. Fickling, foreman

The State
vs
Mat Freeman, Amos Rogers	True Bill

The State
vs
William R. Miller & William Z. Fuller Assault & battery True Bill

The State
vs
William Pare  Assault and battery True Bill

The State
vs
Mark Loyd
Jury finds the def't guilty.  J.P. McCrary, Foreman

The State
vs
John Q. Adams & James Whittle	 Misdemeanor - True Bill

The State
vs
Lawrence Walker		Carrying deadly weapons 
Jury finds def't guilty.  Washington Burnett, Foreman

The State
vs
William Parr	Assault & Battery
Jury find def't guilty.  Washington Burnett, Foreman

The State
vs
Elias Barfield	Assault with intent to Murder - True Bill

The State
vs
Mark Loyd	Indictment for an assault & battery.
Judgment of court that you, the said Mark Loyd, be taken hence to the common 
jail where you shall be safely and securely confined for a damage the period of 
twenty days to be completed from this the 9th day of April 1857.


Swift & Ruggles
vs
A.W. Nelson	
judgement for pl't $67  W.J.F. Mitchell, Foreman

Swift & Ruggles vs
Henry H. Long
judgement for pl't $131

Jackson Fountain
vs
James Layfield & Jesse A. Hollingsworth
judgement to pl'tf $500

Sarah Jacobs
vs
Philip Jacobs	LIBEL FOR DIVORCE
Authorize a full divorce

Davis Castleberry
vs
Jospeh J. Walton
judgement to pl'f	$100

Davis Dawson
vs
J.A. & F.L. Rucker prin
Richard B. Rucker, sec		Debt
For pl't for $816.00.  Def't demans a stay of execution and brings W.L. 
Wallace, 
security and acknowledge together with Richard B. Rucker 

Uriah P. Crawford
vs
Wm W. Corbitt
judgement to pln't $82

D? ---(unreadable) Windham
vs
Samuel Montogomery
Jury finds for def't J.P. McCrary, Foreman

S.M. Ausley
vs
W.W. Corbitt
judgement to plt'f $37.37

Felder Son & Co
vs
W.W. Corbitt & Union W. Harris
judgement for plant' $52.09

pg 260
Forsythe & Kuigler
vs
W.W. Corbitt
judgement to pl't $39.14

Flint River Manufacturing Co
vs
Swift & Ruggles
judgement to pl't 

James P. Roussau
vs
W.W. Corbitt
judgement to pl't$59.60

John Alsabrooks
vs
W.W. Corbitt
judgement to pl't $40

Joseph J. Walton
vs
Johnathan P. McCrary
judgement to pl't

Wm G. Alman
vs
J.P. McCrary 
judgement to pl'tf

The State
vs
Mark Loyd	ASSAULT & BATTERY

The previous order of staying in jail for twenty days is changed to a fine of 
$25 and the cost of the suit and on his failure to pay said fine, he will be 
confined in the common jail until he pay the same.

It appearing that balance of the $10.35 due Catherine Cannon for meals for 
Jurors in trying criminal cases ordered that the county treasurer pay the same.

It appearing to the court that Montfort & Benswanger has furnished the goods 
for 
the use of the court the amount one dollar and twenty five cents ordered County 
Treasure to pay the same.

Ordered that County Tres. pay Wm H. Monfort, Sheriff, $50: $12 for chairs; 
thirty five for benches' $3 for wood and saw dust.

Ordered Co Treas pay Elias Cody $15.30 for attending as bailiff 4 days 
including 
Horse hire, buggy bill and expenses in bringing witnesses and arresting 
prisoners.

Ordered Co Treas pay William Anderson, bailiff for 4 days; John Tuner; Jessee 
Garett, John Henricks = $8.00

Rowland Hudson $2.00 bailiff; also John A. Hamilton $11.40 for 4 days one night 
& expenses as bailiff

William Perkins is under arrest of selling an estray and bound to appear at 
this 
term of court to answer said charge. He has appeared, and no charge brought 
against him, and Sol General having discontinued the prosecution, it is ordered 
Willam Perkins be discharged from custody.

Martthews & Williamson
vs John C. Cozatt
Both parties agreed to submit the same to arbitrator and have given bond. 
Allowed to withdraw same from court, and refer it to arbitrators chosen and 
selected by said parties for that purpose. Said arbitrators to consise of C.F. 
Fickling, C.A. Loyd,  R.B. Rucker, James Griffith and R. Scandrett

Gideon Newsome
vs
William C. Schott et all
Bill for relief. Ordered to appeal court

pg 264
John B. Sisson
vs
James T. May and Daniel W. Miller   Bill in Equity
Ordered by the court that a party Pl'ff be in by the next term of this court in 
place of the complainant, otherwise the case shall be dismissed.

Daniel Whatley
vs
James Montgomery de bonis non of Reubin B. Davis, Deceased.
On motion it is ordered by the court that parties be made in the above case by 
the next term of this court. If no paries be made by the next term, above case 
be dismissed.


The State
vs
Henry, a Slave
It appearing to the court that the original bill of indictment in the above 
stated case has been lost or mislaid and a copy thereof being prepared by the 
solititor and read to the court, it is therefore ordered the same be taken and 
read as a true and established copy of said lost Bill of Indictment.

The State
vs
Wm Pare	ASSAULT & BATTERY
Verdict guilty. Defendant fined $10 and cost of suit.

The State
vs
W.H. Lockheart	BURGLARY

William H. Lockheart failing to appear or to answer to his name after being 
called so to do in terms of law and it appearing that one David Lockheart had 
on 
27th day of Feb 1857 entered into a reconizance with said Wm H. conditioned 
that 
said William H. Lockheart appear at this term of court to answer charges.  
David 
having failed to produce the body of the said Wm H. ordered that rule nise be 
granted and that Scri facias do issue calling on the said David and Wm H. 
Lockhart to shew cause why said recognizance should not be forfeited and said 
ni 
si be made absolute.

Josiah Hillsman, John T. Gray, Eldrige C. Butt
vs
Harriet Perry Adm of Charlton Y. Perry
By consent of parties, transferred to appeal.

Clayton Whittington
vs
William Summerall Adm
At last term of court (Oct) this case dismissed and that orede of such 
dismissal 
was not placed on the minutes. Ordered to do so, and deft go hence without 
delay 
and recover the complainant his cost in this behalf for which let execution 
issue.

Eli B. Rogers
Vs
John H. Blackman
A rule nisi granted at last term of court, requiring pl'f counsel to shew cause 
whay a verdict in the above case should not be set aside; ordered at this term 
of court that verdict be set aside and new trial be granted.

Joel W. Cadenhead Adm of Edward Cadenhead
vs
Eli B. Rogers & John Perkins, deft
fi fa & H.H. Mangham, claimant
Parties in above case consent that case be transferred to appeal.

Amos Adams
vs
Martha Adams, Ad of Ezekiel Adams, dec'd
Parties agree to transfer to appeal.

Joseph T. Shelton
Alonzo D. Shelton by his guardian Jack Brown
vs
 John B. Wright
The above bill having been served on def't and it now ordered that def't appear 
at the next term of court and plead answer or demur.

Thomas J. Drughon
vs
Asa Marshall Adm of James M. Marshall
Def't being duly served; ordered he appear at next term of court to plead answer

pg 266

Officers of Court
vs
Wm McBride plt' and Zachariah Boof, Deft
Ordered by court that Allen F. Owen, Esq atty for Officers of the court pay 
over 
to James T. Harmong the clerk, $11.37 now in his hand and rec'd from the 
Sheriff 
of Talbot County as collected on said fi fa.

The State
vs
William Roberts		Misdemanor
Ordered that stated case a rule ni si be granted, and William Roberts and J.P. 
McCrary as security be required to shew cause why said recognizance should not 
be and rule be made absolute

Thomas C. Dempsey
vs
Charles Hamlin Deft and H.H. Long Claimant

Motion of W.W. Corbitt, plt'f attorney ordered taht claim be dismissed and that 
said fi fa do proceed

State of Georgia
vs
Relation of B.F. Newsom
vs
Justices of the Inferior Court
Motion for new trial be amended by adding a new and additional ground in said 
rule to wit because of newly discovered evidence.

Ordered by the court that the calling of the dockett of cases at law or in 
Equity returnable to this present term of the court be and the same is hereby 
dispensed with except in cases of Rent.

M & S.W. Woodruff
vs
Joseph J. Walton   Certoirari
Upon argument, ordered that said cause be remanded and a new trail had in the 
court below on the ground that the court below erred in allowing the 
Interrogatories to Thomas Ragland to go to the Jury there being a material 
variance between them and the case before the court

Susan W. Bowler by her next friend, Walker Bowler
vs
Henry H. Mangham  Bill & Injunction
It appearing that an answer was filed to the above stated bill at the last term 
of this court and replication filed at this term, it is ordered that the above 
stated cause be set down for trial at the next term of court and the bill 
answer 
and replication and the porrof to be taken in the cause and that this order be 
entered on the minutes.

J.S. & L Bowie
vs
Isaac Mulkey & Co
Complaint and appeal upon motion of def'ts in the above case; it is ordered by 
the court that said have leave to withdraw their appeal and now comes def't and 
withdraws their appeal. Appeal dismissed.

The petition of Matilda Johnson, widow of Allen Johnson, late deceased, sheweth 
that Allen Johnson died, and posses lot of land #222 in the 3rd district of 
originally Muscogee,  now Taylor County.  Ephraim Johnson, Administrator of 
said 
deceased had been legally notified of this application of your petitioner, 
prays 
the appoint of commissioners to lay off and assign to petitioner her dower or 
1/3 part.
Court ordered Edmund Stewart, Daniel Royal, William Stewart, James M. Stewart, 
and Zachariah Watkins be appointed commissioners.

pg 268
Eralbut W. Miller
vs Joseph Johnson
Motion for Sheriff to deliver possession of land. The def't has been called 
upon 
to shew why pl'f should not be put in possession by the Sheriff of the north 
half of Lot of land #195 in the 12th district. It appears that pl'f is only 
entitled to what remains of said half lot after taking out 65 acres not sold to 
plt by the late Sheriff. This 65 acres lie in the NE corner of said lot and 
leave have been laid off to def't family under the laws in favor of insolvent 
debtors. Ordered that present Sheriff put pl'ff into possession of all the 
North 
half aforesaid except the said 65 acres.

Sarah Redmond by her next friend John T. Brown
vs
William Mitchell, Adm of Wiley Wommack & W. Redmond
On motion of complaint Solictor have leave to amend his bill straikng out so 
much of complaints bill as states that she in her husband have as yet received 
no part of  her said estate and that the 5th part to which she is entitled is 
now in the hands of the said William Mitchell as his Admintrator and that this 
order be entered in minutes.

J.S & L Bowie
vs
James T. May   Rule to foreclose Mortgage.
Appears to Court that at Oct term last, a rule nisi was granted requiring def't 
to pay to the pltf' the principal due on certain note given 25 Oct 1854. $758.00
on South half of Lot of land #156 in 13th district of formerly Muscogee now 
Taylor containing 101 1/4 acres. So ordered execution.  7th April 1857

Henrietta C. Swift
vs
Alexander M.K. Swift	LIBEL FOR DIVORCE	and application for alimony and 
expenses.  It appearing to the court by proofs that the pl'f and def't have 
been 
duly married, and since the marriage a separation has occurred and that on 
the26th day August 1856, plt'f made application for temporary alimony and the 
necessary expenses for her said suit, and it being made to appear that said 
pl'f 
has no estate of her own and is without means of support and that she has 
retained James M. Smith & Smith to prosecute her said suit.  Ordered that def't 
Alexander M.K. Swift pay to said pl't said alimony from the commencement of 
said 
suit 26th day of August 1856 to this date at the rate of $25 per month, making 
an aggregate $187 to be paid without delay and that from and after this date, 
said def't do pay to said pl'f alimony at the same rate of $25 per month to be 
paid quarterly contiually pending this suite and that def't pay to said james 
M. 
Smith & Smith & Pon the sum of $250 for their fees for prosecuting said suit on 
the 25th day of Dec next.

Bryant Ingram
vs
William & Little
State of Georgia, Macon. Supreme Court. Honors Joseph Henry Lumpkins, Charles 
J.McDonald, Henry L. Benning, Judges.
Ruling that the judgment of the lower court be affirmed.

Levi B. Smith
vs 
William S. Johnson
Supreme Court. Macon. Judges: Joseph Henry Lumpkins, Charles J.McDonald, Henry 
L. Benning.
Ruling that the judgement of the lower court be affirmed.

Benjamin F. Newsome
vs
Caleb Lindsay.
Supreme Court. Macon. Judges: Joseph Henry Lumpkins, Charles J.McDonald, Henry 
L. Benning.
Ruling that the judgement of the lower court be reversed on the ground that the 
exception in the act of 1825 in favor of persons practicine medicine and 
surgery 
in this state at the date of that act was revised by the act of 1847 and that 
the Plt'f having previously to the date of the act of revisal been practicing 
physician he is not embraced indictment prohibition.


pg 273
Grand Jurors drawn at this term of court for October 1857
James M Priester
David P.M. Brand
Bryant Ingram
John C. Cozatt
Joseph Brannon
Isaac Stanford
James Thompson
H.H. Mangham
Thos R. Gates
William H Lockheart
Perry C. Carr
A.M. Rhodes
Stephen Murray
James M Willis
John D. Mitchell
John H. Wallace
Wm Griffith
John H. Grace
S.W. Rogers
E. Stewart
Wm. R. Miller
Jesse Stallings
E.F. Collins
D.O. Smith
George T. Coxwell
Gideon M. David
Lawrence Walker
Wm Greer
Isaac Mulkey
Amos Adams
Thomas Umphries (Humphries)
Archibald Hill
Baldwin Gray
Henry N. Duke
Davis Shine
William Chew

PETIT JURORS Drawn for Oct 1857

Simon Cox
Albert Morrell
William Cameron
Milton Ham
J.W. M. Whittington
Thomas H. Williamson
Henry Joiner
David Hortman D.
John O'Neal
Arza Measels
James Cureton
F.D. Walker
Wm A. Melson
James Ham
John Bozeman
Charles Gassete
William J. Alman (last)
Wm Pope
Isaac Fouch
H.S. Rodes
W.C. Dwright
Thos Carter
William Jackson
Wiley Wilson
Absolem Coursey
John Lee
Wesley Hill
John Silas
Wm Chew
T.A. Spinks
Joshua Harris
Stephen Rogers
John A. Hamilton
James Layfield
John Carson
John Bias
Joel Mathews
S.R. Hobbs
Y.S. Joiner
James Hobbs
Kichen Peacock
Redin Jones
Joshua Tenneson
Thomas Edwards
Andrew Howell
James Moss
G.W. Wilson
John Heath


pg 274
The State vs John Q. Adams, Samuel Adams Z. Childre & Pickney Whittington - 
Assault - $20.90

 " vs. John Q. Adams, Samuel Adams Z. Childre & Pickney Whittington - Assault 
&Battery - $21.55

" vs Amos Adam  Retailing without a license			$5.45

" vs Sampson R. Adams & Amos Adams (Tapling house)		10.60

" v Sampson R. Adams & Amos Adams (Assault & Battery0		10.75

" vs Andrew Elkins (misdemeanor) sent up to Supreme Court	20.24

" v R.D. Hancock  sent up to Supreme Court		15.95

John Clark & Hiram Williams (Assault & Battery)			10.60

Abraham Hortman & John Clark & Hiram Williams Rest		21.67

Joshua Ellis  Misdemeanor				6.45

John Hudson & Nancy Battle		Adultery		11.60
[Hudson legitimatized children see Superior Court Minutes pg 224 - Oct 1856]

Starling Bartlett   Misdeameanor		15.45

John Black		"			6.30

William Wilson & Robert Elleson  Misdemeanor	10.90

Janes Brown & Jane Manson Lewd House		10.45

Seaborn Mullins  Malicious mischief		11.921

James L. Hesters  Arson (comes to Supreme Court)		47.88

William Wilson & Robert Elleson  Misdemeanor		10.55

William Lewis & Seaborn Heath   Larceny		10.60

J.Q. Adams, Samuel Adams, Isaac Childre  Assault & Battery		15.50

Daniel W. Spicer   Larceny		11.72

John Hudson & Nancy Battle 	10.30

George L. Taylor  (Attempt to kill)		5.90

George L. Taylor, Pitman Taylor & Nancy Liner (Linn) 	25.00

Green Cason (assault with intent to kill)  $5.60

Pitman Taylor misdemeanor	$5.60

John B. Arnold Assault & battery  $5.30

William Mulkey & John H. Hamilton	$10.30

William W. Wiggins $5.30 & Peter Watson $5.45  $10.75

William Wilson & Peter Watson

Ezekiel Royal and Henry Joiner  affray  $10.30

Benjamin Lancaster & Martha Barney  $10.60

Lewis Duke (Arson) & Robert Ellis (Misdemeanor) $11.50

Ellison Joseph Hartfield &	 William Wilson $15.30

Robert Ellison & Thomas Carter	$10.15

Benjamin Lancaster, Martha Barney & A. Lancaster	$15.00\

Joiner Adams & Amos Adams	$10.60

Jane ? George McDowell	$18.22

Archibald Hobbs & Uriah Stubby $10.30

Andrew Elkins & Julius Watson $10.15

Newton Mulkey, John Willis & Albert Wright $15.00
			Total for page $534.50

pg 276

The state versus
Marshall Moulton, vagrancy, mis ? , anot poor	$15.75

Stokes Worsham   stabbing  $5.00

Nathan M. Rodgers  Assault & Battery  $5.00

Charles Mc Cullers & Burrel McCullers $10.00

John Hendricks & Joseph Blackman	$16.30

Abraham Hortman & John Clar  $10.00

Henry Ray   Assault & battery $5.00

Stokes Worsham stabbing $10.00

John Hiley  Misdemeanor  $5.00

Edmund, a Negro  Murder  $22.57

Absaolem Coursey  Stabbing $19.02

Appleton Brooks  Assault & battery  $8.42

James McWright, James Bullard, Calving Grant, J. Willis	$20.30

Stephen Dickerson	$5.00
	Total Amount	$680.57
	Coby fine of Hiram Williasm $50.00
		Total $650.57

Ordered by court that James Harmon, Clerk of said court be paid $630.37 out of 
any money that may come into court by way of fines, for the above enumerated 
cases.

State of Georgia Supreme Court
Macon. Monday 4th February
Judges Joseph Henry Lumpkins, Charles I McDonald and Henry L Benning.

John Hudson
vs
Henry N. Duke
This case came before the Court upon a transcript of the record from the 
Superior Court and after argument had it is considered and adjudged by the 
court 
that the judgement of the court below reversed upon the ground that the court 
erred in not granting a new Trail on the ground taken in motion - that the 
verdict was contrary to Law and Equity.

Ordered by the Superior Court that the judgement of the Supreme Court be made 
the judgement of this court, that the pl't in error do recover of the def't in 
error for his costs in this behalf laiud and expended for the cost of 
proceedings.

pg 276
Macon Supreme Court
Honors Joseph Henry Lumkin, Charles J. McDonald, and Henry L. Benning, Judges.
Henry N. Duke vs plft in error John Hudson

Superior Court. We the jurors at the close of the court beg leave to make the 
following general presentment.
Books of Superior, Inferior and Ordinary courts well kept and in order.
Also the books of County Treasurer. Sum total on Treasurer's books $1033.78 
embracing both solvent and insolvent demands deducted; the sum of insolvent 
debts ($183.11) $880.67 in solvent and valable funds.
We find upon investigation in the ordinaries hands on balance of $154.07 of 
poor 
school funds and recommend an additional tax of 20 per cent to be levied 
according to law for the purpose of increasing this fund and we trust that the 
parents  and guardians of poor children will avail themselves of the benefits 
of 
this funds to aleave as funds permit the pitable condition of this unfortuante 
class.
We report that our roads are in good condition and trust that those on whom 
this 
duty is imposed by law wil use all legitimate means to keep them so. We find 
our 
public buildings also to be in good with the exception of the jail. This we 
find 
to be out of repair, frail and unsafe and recommend that such means be used and 
such expenditures be made consistent with reasonable economy as will place it 
in 
a condition to answer the legitimate purposes of such a building. We recommend 
to the Inferior Court to take notice of the bridges known as Hills Bridge on 
White Wate5r as the same needs some repairs. Also McCrary's bridge across the 
Little Patsillaga and the bridge near Reynolds on the river road across 
Pasilagga and Lowe's Brige across White Whater. We recommend that Grand and 
Petit Jurors receive each one dollar per day in addition to their present fare.
We recommend that the Tax Collector be allowed the full amount of his insolvent 
list to wit the some of $186.73. We recommend to the Inferior Court to look to 
the matters of some executions in favor of the county vs. S.R. Hobbs, the same 
have been paid off and the fifas are still open and unsatisfied.
In taking leave of his Honor Judge Worrill, we beg leave to make known our high 
appreciation of the able and impartial manner in which he has conducted the 
business of our court ...thank Sol General Thadeaus Oliver for the courtesy and 
respect shown this body. We recommend that the foregoing presentments be 
published in Times and Sentinel at Columbuse and the Georgia Citizen at Macon.
Samuel Montgomery, William J.F. Mitchell,Foreman; Henry C. Wacter, William M. 
Stuckey, Seimeon Thompson, John M. Hobbs, James L. Bartlett, John Windham, John 
S. Murray, Charles A. Loyd, Christopher F. Fickling, John Culverhouse, Daniel 
Murray, Theophilus McGee, John F. Gray, James williamson, William A.H. Royal, 
David Beeland, Thomas J. Drawhorn, Daniel Royal.

pg 278
OCTOBER TERM  1857
List of Grand Jurors sworn at this term of the court

Henry H. Mangham
John H. Wallace
Thomas R. Gates
James Thompson
Wm R. Miller
G.M. Davis
Henry N. Duke
George T. Coxwell
Stephen J. Murray
David Shine
James M Willis
John C. Cozatt
David P. M. Brand
Archibald Hill
Baldwin Gray
Absolem M. Rhodes
George J. Hays
Joseph Brannon
Nathaniel Spears
David O. Smith
John D. Mitchell

PETIT Jurors sworn for this term of court
John Whittington
Joshua Harris
William Cameron
William G. Almun
Simon Cox
Joel Mathews
Redin Jones
James Ham
William Pope
S.R. Hobbs
John O Neal
James Cureton
Henry Joiner
Albert Morrell
Thomas Carter
William Dwight
John Lea
John Joiner
James Stewart
John Q. Adams
John Turner
Carnelius Bradley
George W. Potter
Thomas D. Hill

Thadeus Oliver the Solicitor General of this circuit not being in attendance, 
it 
is ordered that Wm Wallace be and is hereby appointed pro tem to prepare the 
indictment and other business of the state.

The State
vs
Alfred T. Slaughter		MURDER	  True Bill
H.H. Mangham, Foreman

James M. Marshall
vs
Thomas J. Draughorn  Covenant on appeal
The death of pl'tf James M. Marshall having been suggest in the above stated 
case and Sine Facias being issued and served to shew cause why Asa Marshall, 
Admin of James M. Marshall should not be made party pl'f in said cause and no 
cause being shown it is ordered that Asa Marshall, Adm be made pl'f

Wall, Goolsby and other pl'f
va
Joshua Harris pl'f & John Joiner, claim
Ordered that levy made in the above case be dismissed.

Wm M. Hardwick vs
David P.M. Brand  Complaint
By consent of parties ordered to be transferred to appeal.

James Harper
vs
William P. Lowe
Transferred to appeal

A. Carter
vs
J.A. & F.S. Rucker & R.B. Rucker
judgement to pl't $129.34

Dennis Perkins
vs
Swift & Ruggles
judgement to pl'f $340.77

Edward H. Law
vs
John M. Hobbs
Jury find for pl't $72.13

Daniel Kleckly
vs
Y.H. Caldwell
Confess judgement to pl'f $100 principal

Condict Wheelter & Co 
vs
W.J. & J.A. Hamilton
judgement to pl'f $125

E.D. Stoddard & Co
vs
JA & F.S. Rucker & R.B. Rucker
Jury finds for pl'f $231

pg 280

Thayer Dewing Co
vs
J.A. & F.S. Rucker
judgement to pl'f $359

Moses Taylor
vs
Moody Barefield
jury finds for pl'f $50

Benjamin McKinney
vs
Thomas Walling
judgement to pl'f $31.84

Edward Barnard
vs
Joseph Hobbs
judgement to pl'f $87.92

Wm Ragland
vs
Wm T. Cobb
Jury finds for pl'f $144.04   John Turner, Foreman

Martin J. Hobbs
vs
Joseph Hollis
judgement to pl'f $492

William Hubbard
vs
George G. Potter
Jury find for def't  H.H. Mangham, Foreman

Robert S. Caldwell
vs
Y.H. Caldwell
judgement to pl'f $680

Nicholas B. Stephens
vs
Chesley B. Marshall
judgement to pl'f $87

Ashner Ayers
vs
Wright & Williamson
judgement to pl'f $99.22

Jourdan Wilchar
vs
George T. Coxwell
judgement to pl'f $150

Nicholas B. Stephens
vs
Y.H. Caldwell
Judgement to pl't $108.69

David O. Smith
vs
John Adkins
judgement to pl'f $750.00

Stephen Daviels
vs
Jonathan P. McCrary
judgement to pl'f $150

Lawrence Walker
vs
Wm R. Miller
judgement to pl'f $365.11

Harriett Perry, Admin
vs
Henry H. Long and John D. Mitchell
judgement to pl'f $100

Pleasant R. Phillips Ex of Henry H. Lowe, Dec
vs
Joseph Hollis
Jury find for defendant  H.H. Mangham, Foreman

Wm Rowe
vs
John A. J. McCrary
judgement to pl'f $64.90

Caleb Lindsey
vs
A.P. Jones
judgement to pl'f (no amount stated)

pg 282
John Gardner
vs
Samuel P. Corbin
Jury finds for pl'f $200.00  H.H. Mangham, Foreman

Benjamin L. Adams
& Henry J. Hunt
vs
Alex M. K. Swift
judgement to pl'f 

Jacob Pare
vs
John Adkins
judgement to pl'f $80.00

J.H. & H. F. Mathews vs
John A. McCrary
Judgement to pl'f $74

James Darden
vs
Wm H. Greer
judgement to pl'f 

Elizabeth Paulk Adm
vs
The Southwestern Rail Road Co.
Jury find for pl'f $12,000.  D.O. Smith, Foreman

Drane & Mathews
vs
Willis McLendon Admin
judgement to pl'f $86.20

Amos Adams
vs
Martha Adams, Adm	
Jury for defendant  H. H. Mangham, Foreman

John R. Boyleston
vs
Amos Rogers  (two other first names I can't read - Rogers)
Judgement to pl'f $84

pg 283
B.F. Adams
vs
B.F. Reese
judgement to pl'f $65

Ewell Wille
vs
B.A. Horton
Jury finds for pl'f $807  S. H. Hobbs, Foreman

Wm J. Hamilton
vs
J.P. McCrary
Judgement to pl'f 

J.H. Weeks & Co
vs
James E. Roper
judgement to pl'f 

Henry C. Fincher
vs
Benjamin Edge
judgement to pl'f

John Walker
vs
Joseph Hollis
judgement to pl'f 

R.B. Rucker
vs
Wm C. Sibley
judgement to pl'f

L.H. Lot
vs
 John W. Janus
judgement to pl'f $92

Barnett Goslin
vs
Joseph E. Spear & George M. Goslin
judgement to pl'f

Henry C. Fincher
vs James & Vinson
judgement to pl'f

Martha J. Lowe
vs
William R. Lowe
Jury find for def't  H.H. Mangham, Foreman

Henrietta C. Swift
vs
Alexander M.K. Swift (Order for the Alimony)
At last term of court, ruled that alimony of $25/month be paid in a lump sum of 
$187 which had already occurred.  Defendant has failed to pay. Sum now due is 
$437. Ordered to pay over money by tomorrow morning or show cause why he should 
not be held in contempt of court.

The State
vs
James McGregory  Assault & Battery. True Bill.

The State
vs
W.H. Lockheart   Rape.  True Bill

The State
vs
Joseph Blair	Assault. True Bill

A.J. Carson
vs
Jesse Stallings
Rule nisi heard and considered. Ordered by court that rule nise be discharged 
and that execution do issue from the judgement

The State
vs
William Robinson
Jackson L. Downs
Williams Downs
The jury finds the prisoner, Jackson L. Downs, not guilty.  Joseph H. Brown 
Foreman. William Pope, Henry Joiner, Thomas Carter, Benjamin Downing, James 
Hinton, W.C. Wright, Moses Benswanger, Martha Carter, Allen Hudson, James Bier, 

David O. Smith
vs
John Adkins
Def't says he is unable to pay the coast and give security. He has been advised 
he has a good case for appeal, and owing to his poverty he is aunable to pay 
the 
cost.  John Adkins (X) his mark

Mosey Taylor
vs
Moody Barefield
judgement to pl'f $50. Def't demans appeal. Benjamin Gaultney as security.

Robert L. Caldwell
vs
Yelverton Caldwell
judgement to pl't $680.  Def't comes forward and demands a stay of execution 
according to statutes, brings Thomas H. Brown as security. Both sworn and bound 
to Robert L. Caldwell, Sheriff.

Nicholas B. Stephens
vs
Yelverton Caldwell
judgement to pl'f $108.69. Def't comes forward and demands stay of execution, 
Thomas H. Brown security.

Frances Crutchfield, Assign
vs
James Taylor   Fi Fa & Rule against Dept Sheriff
It appearing to the court that Enoch Garrett, Dept Sheriff has sold lot of land 
#169 in the 14th District of said county under a levy of said fi fa. Ordered 
that he make return to court to pay proceeds.
Service acknowledged by Dept Sheriff Enoch Garrett. Garrett answers that the 
said lad sold for $50. it was bid off by Robert Scandrett, levy advertizing and 
commission leveied to seven dollars and fifty cents. fi fa in my hands of equal 
date with pl'fs in favor William Dickson vs James Taylor & Henry Hobbs claims 
to 
share with this fifa pro Rota in $24.50. The residue is to be paid to plaft 
being $18.00. Court rules apply said net proceeds of sale to said fi fa pro 
rato 
that is $18 to the above fi fa $24.50 to that Dickson.

Miles Taylor
vs
Rhoda Morris
Judgement and verdict for pl't $92.00. Def't being dissatisfied, brings John W. 
James as security .

A. Carter
vs
J.A. & T.S. Rucker & R.B. Rucker
judgement to pl'f $129.34
Dissatisfied, brings security E.B. Waters

E.B. Stodard & Co
vs
J.A. & T.S. Rucker, R.B. Rucker
judgement to pl'f $231.58.  Tenders E.B. Waters for security on appeal.


Thayer Dewing & Co
vs
J.A. & T.S. Rucker, R.B. Rucker
judgement to pl'f $249.  Tenders E.B. Waters for security on appeal.

pg 288
Lewis Hill
vs
Ezekiel Royal and Daniel Royal   Fi Fa & Claim

Same
vs
Ezekiel Royal and Benswanter & Montfore claimants
Upon consent of both parties, cases transferred to appeal

Lawrence Walker & Freeman Walker, executors of Persons Walker
vs
James Williamson & Wm R. Miller
Ordered by court that a new trial be had upon the ground that the Jury found 
contrary to the evidence, it being the opinion of this court that there was no 
evidence to authorize the Jury to find that the plt'f intended to bind 
themselves individually upon the warranty of the and therefore were not bound, 
and entitled to recover. It is further ordered that the pl't recover of the 
def't James Williamson and Wm R. Miller, the cost of said case.

K.B. Murchson
vs
Robert Brown   Certiorari
Ordered cause be dismissed and the fi fa proceed

James M. Marshall
vs
John Q. Adams & Martha Adams, Extrix of Ezekial Adams
Verdict for pl't $100. The Def't dissatisfied requests appeal.  Amos Adams 
Security.

Elam B. Waters, next friend
vs
Allen Priggen
Ordered that the def't in the above case plead answer and demur within the time 
required by law.

E.W. Marshall pl't in fi fa
vs
James T. May & John B. Sisson
Partied consenting, goes to appeal.

Joseph T. Shelton et al
vs
John B. Wright, Admin of Martha Shelton
Bill in equity. Ordered that the argument of the above demur be heard and 
decided at chambers at Columbus during the next term of Muscogee Superior Court 
and that it be argued ....within the next 30 days.

Samuel Jones Plt
vs
Levi Barefield, principal
Hezekiah Miller, Deft
Arza Murray, Claimant
Fi Fa & Claim.  Transferred to appeal.

William Dickerson
vs
Thomas Brady
Ejectment and motion for a new trial. The above case having been taking to the 
Supreme Court, and the Superior Court ruling affirmed, ordered that ruling be 
placed upon the minutes.

State of Georgia
vs
Jeremiah Wilchar & James J. Harris  Assault & Battery
The prosecutor, Seth W. Mulder and Jeremiah Wilchar, the def't having settled 
said prosecution, and fully compromised their difference and agreed to dismiss 
said prosecution.

Bryant Ingram
vs
Benjamin F. Mitchel
Hereby agreed: def't agrees and consents to the appointment by the court of Dr. 
Benjamin Newsome as receiver as to the amount of $1250 of good notes and 
acknowledges in service and waives copy of the bill and subpoena in this case 
and compl't on his part, agrees to dismiss the application in said bill for the 
suit.

Dr. Benjamin Newsome to give bond $2,000.

Persons Williamson et al
vs
Lawrence Walker, Exec of Persons Walker
Ordered that def't plead and or demur by the first day of next term of court.

Amos Adams
vs
Martha Adams, Adminx of Ezekiel Adams, dec'd
Motion for new trial. Because the jury found contrary to evidence, court orders 
def't to shew cause why a new trial should not be granted.

Robert Coursey
vs
John M. Hobbs
Court dismissed the certiorari and ordered that said case proceed.

J.M. & H.F. Mathews
vs
J.A. McCrary prin
Bartley McCrary garnisher
Bartley McCrary served and failed to appear and answer to motion, ordered that 
pl'f do recover of said Bartley McCrary the sum of $67.30

M & S Woodruff
vs
Joseph Walton
Certiorari from Justice Court of 757th District G.M. After argument, the 
decision of the Court below be reversed and the grounds taken in certiorari 
sustained. Ordered that pl'f have a new trial.

Asa Marshall
vs
David Carter & M.L. Carter  Ceriorari
By consent of counsel, certiorari dismissed and case to proceed.

The State
vs
James L. Hester Arson
Ordered that all witnesses who can authenicate their presence in above stated 
case be paid.

Daniel W. Whatley
vs
James Montgomery Admin  Bill in Equity
Ordered that rule passed at last term of court be made for this term under the 
pain of dismisal of the case. Hereby enlarged to the next term of court.

John Gardner
vs
Samuel P. Carbin
Motion for new trial. A brief of evidence having been agreed, it is approved 
and 
ordered to be files.

William G. Little
vs
Bryant Ingram & H.N. Scarborough et al
Fi fa and writ of possession from Crawford Superior Court and transfered to the 
Superior Court of Taylor by order of Sup Ct of Crawford.  A writ of fi fa 
issued 
by Crawford court in favor of William G. Little, vs Bryant Ingram, H.N. 
Scarbrough, Eweill Well, Elija Bond and H. Murdock .  Crawford Atty, Samuel 
Hull 
ordered to return fi fa and possession papers by 9th Oct 1857.

Martha Lowe
vs
Wm R. Lowe	Bill for discovery and relief
Jury having found a verdict for the def't at last term of court. On motion by 
counsel for complainant that def't counsel show cause why new trial should not 
be ordered. Based on Judge refused to charge the Jury upon being requested by 
complainant's counsel to do so the fiduciary relation of executor and legatee 
between the parties make the agreement Wm R. Lowe and Martha T. Lowe by which 
she gave up to the former the use of her negroes and land for 12 months free 
from any charge for the same constructive fraud upon said Martha T. Lowe and 
devolves the burden of proof upon the said Wm R. Lowe to shew that the 
agreement 
was fair and beneficial to the said Martha T. Lowe.

Frances Wright by next friend John D. Mitchell
vs
Martha E. Shine Admr of Thomas T. Shine dec'd & H. Wright
We the jury find and decree (all parties hereunto consenting) that the 
distributive share of Frances H. Wright in the estate of her father, Thomas T. 
Shine be settled upon her and her children for their sole and separate use 
benefit  and behoof free from the mantal rights of her present or future 
husband. Martha E. Shine Admix do account therefore with a trustee for said 
Frances and her children duly appointed by law who shall hold the same for her 
and their and seperate use beneift and behoof forever in fee simple.

David Beeland appointed trustee for Frances H. Wright and her children to hold 
as stated above.

Henrietta Swift
vs
A.M.K. Swift  Rule Nisi
For cause why the above rule should not be made absolute, the deponent states 
taht his means to comply with said order that he owes some $2500 including firm 
debts fo Swift Rugles that his only poroperty consists of a store and store 
house, a small plantation, and dwelling house which are not productive and 
barely yield this defendant a support for himself. That after the payment of 
his 
debts, the property of this defendant is not worth exceeding four thousand 
dollars, and that it is barely productive of a support for himself and 
defendant 
for further cause answers states that there has been no formal or legal demand 
made on him for the said $25/month and that he is not in contempt of the 
authority of the court and the defendant furthere states taht ten or fifteen 
dollars per month would be as much as he could in justice to himself pay for 
alimony and defendant submits whether under the circumstances of this cause an 
alimony ought to be allowed deponent further states that he has been and now in 
failing health and unable to attend to business which further reduces his 
ability to pay alimony in this case and deponent further states as a reason why 
said allowance of alimony mbe renounced that libellant had no sufficient 
provocation for leaving the house of defendant as he is able to prove sworn to 
in Open Court  Oct 10, 1857  A.M.K. Swift

Ordered that County Treasurer pay E. Garrett, Dep Sheriff, $8 for incidental 
expenses of this court and also $2.15 to Monfort and Benswanger for candles, 
pitcher and candlesticks out of money in treasurer. Also ordered to pay $1.50 
for 5 days, John Knight the same for 4 days, John Garrett for 2 days, Anthony 
Lavender for 6 days, John Henrick  for 6 days, Wiliam Anderson $2 per day for 6 
days with all estray expenses that any of the above baliffs may have spent.

Macon. Supreme Court. Justices: Joseph Henry Lumking, Charles J. McDonald, 
Henry 
L. Benning.

William Dickerson
vs
Thomas Brady  Pl'f in Error
This case came before court on transcript of record from the Superior Court 
Taylor County and after argument had, it is considered and adjudged by the 
court 
that the judgment of the court below be affirmed.

To Edmund Stewart, James M. Stewart, Zachariah Watkins, Daniel Roayl and 
William 
Stewart, whereas at our Superior Court held in and for said County in 1st 
Monday 
in April last, Matilda Johnson, widow and relict of Allen Johnson, late of said 
county deceased, made known to the court her petition tat as widow she was 
entitled to dower in lot of land #222 in 3rd District of originally Muscogee, 
now Taylor containing 202 1/2 acres and praying court to appoint commissioners 
to lay off, now the said commissioners, Edmund Stewart, Daniel Royal, William 
Stewart, James M. Stewart, Zachariah Watkins, Freeholders of said county or a 
majority of you are hereby, having employed a competent surveyor, having given 
consideration to the shape and valuation of said land including the tenements 
...give accountin on the 1st Monday October next. 10th Day of April 1857
Sworn to execute this commission on Aug 22, 1857.

The appointed commissioners employed James Stewart as surveyor and 86 acres on 
the west side of said lot was laid off for Matilda.

We the Grand Jurors beg leave to make the following presentments. We regret 
that 
immorality yet prevails in our enlightened minds, in consequent of the unsafety 
of the county jail which is incurring heavy expense for transporting prisoners 
to other jails, we do not wish the honorable Inferior Court to thinkt us 
dictatorial, but believing as we do that they see and feel the necessity for a 
safe jail, we recommend to their Honors our warmest approbation in desiring 
some 
course to build or repair the old one. 

We recommend to the next legislature to pass a special act for the benefit of 
Mrs. M.E. Stark and other teachers for teaching poor children in the year 1856 
which was not returned.

Before we part, we beg leave to return our sincere thanks to Honorable Judge 
Worrill for the very courteous manner....also the Solicitor General, Thadeus 
Oliver, Esq for his attention and able instruction.  
Henry H. Mangham, William R. Miller, Henry N. Duke, William H. Griffith, 
Stephen 
J. Murray,
Thomas R. Gates, James m. Willis, Jolhn C. Cozatt, Archibald Hill, John D. 
Mitchell, John H. Wallace, George T. Coxwell, Baldwin Gray, James Thompson, 
Absolem M. Rhodes, George J. Hays, David O. Smith, David F. Shine, Edward 
Stewart.


Ordered by the Court that County Treasurer pay Joseph J. Walton $6 for 24 meals 
for jurors.

List of Petit Jurors drawn for April term 1858
Robert C. Bailey
John Q. Adams
John Amerson, Jr.
Irvin Williams
James Parks
Wilson Loyd
Jacob Elliston
Andrew J. Hobbs
D.W. Averett
W. Barefield
William Hobbs
David Laygrone
S.W. Mulder
Reubin Dickerson
E.W. Coursey
J.P. McCrary
Lewis Hill
Kinchen Peacock
Joseph Jordan
E. Griffith
S. (L?) Carter
Thomas Cameron
R. Moore
M. Bulgar
B.F. Fraiser
Gimpsey McGlamery
Charles Gasset
D. Yarbrough
John A. Watson
John Hobbs
Wm Cockran
S.J. Murray
Allen Hutson
Nathaniel Spears
A.M. Brooks
S.G. Mullins
Owen Barefield
Henry Goolsbey
A.P. Jones
A. Lavender
Allen Priggen
J.T. Dwight
Benj Miller
John Wilson
W.H. Brand
Luke Johnson
J.B. Wright
Thomas Silas

GRAND JURORS DRAWN FOR APRIL 1858
James P. Rouseau
C.F. Fickling
Henry C. Wacter
James Hobbs
H. Purvis
Jourdan Wilchar
D.A.J. Willis
Asa Marshall
Jacob Pare
Jeremiah Wilchar
Wm T. Northern
Wm Bryant
A.L. Wilson
C.A. Loyd
M.P. Brown
William Vinson
Wm H. Miller
Able Windham
Wm H. Ingram
Joel Montfort
James Elliston
Henry H. Long
Thomas Draughorn
James Windham
David Beeland
Thomas R. Gates
Julius Terner
Wm Altman
Jonathan Purvis
Daniel Murray
Enoch Duke
Eli B. Rogers
Charles Mulkey
Joseph Hollis
Jacob Thompson
Arza Murray
S.W. Rogers
C.W. Wade

page 298
To the Honorable Edmund H. Worrill, the petition of William P. Taylor of said 
county respectfully sheweth to your Honor that Pitt M. Taylor..is one of the 
legatess in the last will and Testament of George L. Taylor, who made and 
published his will the 5th day of February in the year 1855 and was probated 
and 
admitted to record.  Your petitioner further sheweth that by the third ITEM of 
said will, it is declared as the desire of the testator that by his wife, 
Sophia, and all his children,  except his son, Javan,  should first be paid an 
amount sufficient to make them the sum of $800 and amount equal to what his son 
Nathan H. Taylor has had and whatever reamined after making them equal was to 
be 
equally divided  between his said wife, his said sons, Nathan H.,  William P, 
Joseph F, Pitt M and daughter, Nancy Lynn and his infant daughter, Tilly G.  

Your petitioner sheweth that after the making of said will, he was appointed 
Trustee of said Pitt M. Taylor to take charge of and manage the said share of 
said Pitt M. Taylor as he should think best and most conducive to his interest. 
Your petitoner further shows to your Honor that he is about to remove from said 
State of Georgia to the State of Louisiana and that he is desired, your Honor 
would remove and discharge him from said trust and appoint Andrew McCants of 
said county who is a fit and proper person. 

Your petitioner does not produce the consent of said Pitt M. Taylor because he 
is not competent to give his consent and your Honor will not on account of his 
incompetence require it.		A.F. Owen, Petitioner's atty.
The facts set forth are true.  Nov 5, 1857  Wm P. Taylor

I hereby give my consent to act as Trustee.  A.McCants

Hereby appointed.  Edmund H. Worrill, JSCCC


Cicero C. Wynn
vs
Wm J. Johnson
judgement and ca sa in October term 1855
Affadavit of illegality on hearing the above motion and argument thereon it is 
ordered and considered that said affadavit be sustained on the grounds that 
said 
judgment and ca sa has been fully paid off and discharged.













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