|
District Court Dockets From the organization of Jackson
County through 1856.
Transcribed by the indefatigable Mary Tsui. Original available in the Jackson County Law Library in Medford. September 5, 1853 Be it remembered that at a District Court of the United States for the Territory of Oregon and County of Jackson, begun and held at the town of Jacksonville in said County on Monday, the fifth day of September, A.D. 1853, at which were present: The
Hon. M. P. Deady, Judge
L. F. Grover, Esq., United States Dist. Atty., Pro tem. Columbus Sims, Esq., Ter. Pros. Atty. Joseph W. Drew, Esq., Dept. Marshal Mathew G. Kennedy, Sheriff, and Edward Sheil, Esq., District Clerk The following proceedings were had, to wit: And now at this day comes into Court Nathaniel C. Dean, Andrew J. Butler, Russell B. Morford, William W. Fowler, Clark Rogers, Samuel Culver, Aaron Chambers, David Clinton, Abel Tenbrook, John C. Anderson, Eber Emery, John B. Wagoner, George Dart, William Burke and Jacob Wagoner, fifteen in number, good and lawful men of the County, in obedience to the commands of the venire heretofore issued by the Clerk of this court for a Grand Jury, and it appearing to the Court that less than a quorum of the regular panel of the Grand [Jury] is present, the Sheriff is ordered to summon from the bystanders seven talesmen, whereupon came A. Little, John Penegar, William Kahler, Chauncey Nye, David Birdseye, T. B. Sanderson and A. G. Snider, seven in number, good and lawful men of the County, who together with the fifteen persons aforesaid after the appointment of William W. Fowler as foreman, were duly empaneled, sworn and charged as a Grand Jury to inquire into offenses for the body of the County of Jackson, as well on behalf of the United States as the Territory of Oregon and then retired under charge of an officer of the Court to consider of their presentments. And now at this day upon good cause shown it is ordered by the Court Isaac Constant, J. C. Tolman, John E. Ross, Alonzo A. Skinner, Levi A. Rice, Abel George and John Lamerick, heretofore summoned as Grand Jurors for the Term, be excused from such service. And now at this day it is ordered by the Court that the Clerk of this Court issue a summons commanding Joseph Unthank to appear at the next Term of this Court and show cause why he should not be fined for failing to appear at the present Term of this Court to serve as a Grand juror in obedience to the venire heretofore served upon him for that purpose. B. F. Harding Esq. District Attorney for the United States not being present and said District Attorney having recommended to the Court the appointment of L. F. Grover Esq. it is hereby ordered by the Court that said Grover be appointed District Attorney for the States Pro tem. Whereupon Court adjourned until 2 O'clock P.M. September 5, 1853 Monday September fifth 1853 2
O'clock
P.M.
Court met
pursuant to adjournment.And now at this day comes into Court John S. Miller, James Hamlin, E. D. VanDyke, George H. C. Taylor, Honicle Bellinger, George Pearson, George T. Vining, Jesse Walker, Jacob Emery, Hugh F. Barron, James Barrett, Cicero Hill, A. G. Rockfellow, John Coakley and Isaac Woolen, fifteen in number, good and lawful men of the County, in obedience to the venire heretofore issued by the Clerk of this Court for a petit Jury to serve at the present Term of this Court, whereupon it is ordered by the Court that the Sheriff summon from the bystanders a sufficient number of talesmen to complete the panel and Thereupon came unto Court William Lane, E. T. Johnson, John Stanten, E. F. Griffin, John Chatfield, N. P. Beamont, David T. Kersey, M. Whitaker and M. W. Davis, nine in number, good and lawful men of the County. And now at this day, upon good cause shown, it is ordered by the Court that A. Petree, Fredric Alberding and Patrick Dunn, heretofore summoned to serve as petit Jurors be excused from such service. On motion of D. B. Brenan, Esq., it is ordered by the Court that Samuel C. Graves, Esq., be admitted to practice as an attorney at law and solicitor in Chancery in this Court that that the Clerk furnish said Graves a certificate of such admission on payment of the proper fees. Robert Hereford vs. David M. Thorpe: Assumpsit This cause came on to be heard upon the Demurrer of the said Defendant to the declaration of the said plaintiff, and the Court, after hearing the argument of counsel and being fully advised in the premises, is of the opinion that the declaration aforesaid and the matters and things therein contained are sufficient in law to maintain the action of the said plaintiff and the said Defendant, declining to make further answer to said declaration, and it appearing to the Court that the action of said Plaintiff is brought upon an instrument of writing for the payment of money only, the Court assess the damages by reason of the premises to one hundred and fifty-four dollars and eighty-seven cents. Therefore it is considered that the plaintiff recover of the said defendant the said sum of one hundred and fifty-four dollars and eighty-seven cents, his damages aforesaid, and also his costs and Expenses in this behalf sustained to be taxed and that Execution Issue therefor. John Ross and S. M. Wait vs. Daniel Rigle and William Lawless: Assumpsit This day came the plaintiffs by their attorney, and it appearing to the Court that William Lawless, one of said Defendants, had not been served with the summons, the said David Rigle was solemnly called and came not, but made default and it further appearing to the Court that the action of said plaintiff is brought upon an instrument of writing for the payment of money only and the Court being advised in the premises assess the Damages of the plaintiff by reason thereof to one hundred and ninety-six dollars and twenty cents, therefore it is considered that the said Plaintiffs recover of the said Daniel Rigle the said sum of one hundred and ninety-six dollars and twenty cents, their damages aforesaid and also their costs in this behalf expended to be taxed and that they have execution therefor. Anthony Little, Frederick Westgate, D. N. Younk vs. John N. Chaney, Assumpsit On motion of the plaintiffs by their attorneys, this cause is continued generally for want of service upon the defendant. Whereupon Court adjourned until tomorrow morning at 9 O'clock. September 6, 1853 Tuesday morning, September 6th, 1853 9 O'clock A.M. Court met pursuant to adjournment, present same as yesterday. Minutes of yesterday read and approved. Application of C. Sims for admission to the Bar It appearing to the Court that C. Sims, Esq. had been admitted to practice law in a court of record in the State of California, it is ordered by the Court that said Sims be admitted to practice law in this Court and that the Clerk of this Court furnish him a certificate of such admission upon payment of the proper fees. Admission of Benjamin F. Dowell, Esq. It appearing to the Court that Benj. F. Dowell, Esq., had been admitted to practice law in a court of record in this Territory, It is ordered that said Dowell be admitted to practice law in this Court and that the Clerk furnish him with a certificate of such admission upon payment of the proper fees. Admission of L. F. Grover, Esq. It appearing to the Court that L. F. Grover, Esq. had been admitted to practice law in a court of record of this Territory, It is ordered that said Grover be admitted to practice law in this Court and that the Clerk furnish him with a certificate of such admission upon payment of the proper fees. Admission of D. B. Brenan, Esq. It appearing to the Court that D. B. Brenan, Esq., had been admitted to practice law in a court of record in this Territory, It is ordered that said Brenan be admitted to practice law in this Court and that the Clerk furnish him a certificate of such admission upon payment of the proper fees. Admission of T. McF. Patton, Esq. It appearing to the Court that T. McF. Patton, Esq., had been admitted to practice law in a Court of record in this Territory, It is ordered that said Patton be admitted to practice law in this Court and that the Clerk furnish him with a certificate of such admission upon payment of the proper fees. Whereupon, Court adjourned until two O'Clock P.M. September 6, 1853 Tuesday, September 6th, Two O'Clock P.M. Court met pursuant to adjournment. And now at this day comes into Court the Grand Jury heretofore empaneled and presented an Indictment against Louis Denois for malicious shooting with intent to kill, which is received by the Court and ordered to be filed. Territory of Oregon vs. Louis Denois. Indictment for malicious shooting with intent to kill. And it appearing to the Court that the Defendant in the above Entitled cause is now in the custody of the Sheriff on motion of the Pros. Attorney for the Territory, It is ordered that the Defendant be brought into Court to be arraigned upon the Indictment heretofore found against him, which is accordingly done. And now the Defendant, having been brought into Court by himself, and Counsel waives a copy of the Indictment and after being furnished with a list of petit Jurors, prays the Court for further time to plead to said Indictment, whereupon it is ordered that the Defendant have until the coming in of the Court tomorrow morning to answer said Indictment, whereupon Court adjourned until tomorrow morning [at] Eight O'Clock. September 7 , 1853 Wednesday morning 9 O'Clock Sept. 7th 1853 Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. Louis Denois. Indictment for malicious shooting with intent to kill. And now at this day comes into Court the said defendant, in person and by his counsel moves the Court for reasons on file to compel the Prosecuting Attorney to Elect upon which count of said Indictment he will arraign the Defendant and put him upon trial. Thereupon, the Court after hearing the argument of Counsel and being fully advised in the premises overrules the motion of the Defendant to which ruling of the Court the Defendant by his counsel Excepts. When on motion of the Pros. Attorney for the Territory, the defendant was duly arraigned and pled "not guilty" to said Indictments, which plea was received by the Court and ordered to be Entered of record, which is hereby done. Thereupon came a Jury, to wit John S. Miller, H. F. Barron, A. G. Rockfellow, Jesse Walker, M. Whitaker, James Barrett, William Thompson, John Chatfield, Jacob B. Emery, John Stanten, A. T. Johnston and Cicero Hill, twelve in number, good and lawful men of the County who were duly Empaneled and sworn without respect to person, favor or fear, to will and truly try and a true deliverance make between the Territory of Oregon and the prisoner at the Bar, according to the Evidence and the laws of the Territory. And the Jury aforesaid, after hearing the proofs and allegations of the parties, the arguments of Counsel and the Charge of the Court, retire under proper officer to consider of their verdict. And the Jury, after a continued absence, having returned into Court and informed the Court that they cannot agree upon the issue submitted to them, it is ordered by the Court that the Jury be discharged from the further consideration of the cause. Whereupon, Court adjourned until 2 O'clock P.M. September 7, 1853 Wednesday, Two O'clock P.M. September 7th 1853 Court met pursuant to adjournment. And now at this day comes into Court the Grand Jury heretofore empaneled and return into Court three Indictments for selling Liquor without License, found true. Bills which are received by the Court and ordered to be filed by the Clerk and Bench Warrants to issue forthwith for the arrest of the persons therein named. Territory of Oregon vs. F. P. Hazeltine. Indictment for selling liquor without license. This day the Defendant in the above entitled cause was brought into Court upon the Bench Warrant heretofore Issued for that purpose, And upon being arraigned upon said Indictment says for answer to the same that he will not further contend and submit himself to the mercy of the Court. And the Court being fully advised in the premises, assess a fine upon the defendant of twenty-five dollars and the costs of prosecution. Therefore it is considered that the defendant pay the fine aforesaid with the costs aforesaid, and that in default of such payment, he stand committed until payment is made. Territory of Oregon vs. Thomas Gilson. Indictment for selling liquor without Licenses. This day the Defendant in the above entitled cause was brought into Court upon the Bench warrant heretofore Issued for that purpose. And upon being arraigned upon, said Indictment says for answer to the same that he will not further contend and submits himself to the mercy of the Court and the Court, being fully advised in the premises, assess a fine upon the defendant to twenty-five dollars and the costs of Prosecution. Therefore, it is considered that the Defendant pay the fine aforesaid with costs aforesaid and that in default of such payment, he stand committed until payment is made. Admission of L. A. Rice, Esq. It appearing to the Court that Levi A. Rice, Esq., had been admitted as an attorney in a Court of record in this Territory, it is ordered that he be admitted to practice law in this Court and that the Clerk of this Court furnish said Rice with a certificate of such admission upon payment of the proper fees. Whereupon Court adjourned until tomorrow morning at Eight O'clock. September 8, 1853 Thursday morning, September Eighth 1853 Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. Louis Denois. Indictment for maliciously shooting with intent to kill. And now at this day came into Court the Prosecuting Attorney and moved that the above Entitled cause be continued until the next term of this Court on account of the inability of S. M. Abrams, the Prosecuting Witness, to attend this Term of Court. Whereupon it is ordered by the Court that this cause be continued until the next Term of this Court and that the Sheriff be authorized to hold said Denois to bail to appear at said Court in the sum of fifteen hundred dollars with approved sureties and that in default thereof, he be committed to custody. Whereupon Court adjourned until two O'clock P.M. Thursday, 2 O'clock P.M. September 8th 1853 Court met pursuant to adjournment. Territory of Oregon vs. Robert Wright. Indictment for selling Liquor without License. This day, the Defendant in the above entitled cause was brought into Court upon the Bench Warrant heretofore Issued for that purpose and upon being arraigned upon said Indictment says for answer thereto that he will not further contend with the Territory, and the Court being fully advised in the premises, assess the fine against the Defendant at fifteen dollars and the Costs of prosecution. Therefore, it is considered by the Court that the Defendant pay the fine aforesaid for the use of Jackson County, together with the costs aforesaid and that in default thereof, he stand committed to close custody. Jacob Gall, Guardian ad litem of Amanda Harding, vs. John W. McCully. Appeal from the Decision of the Probate Court of Jackson County in the matter of the appointment of said McCully as Administrator of the Estate of John R. Harding, deceased. This cause came on to be heard on the transcript and original papers from the Probate Court of Jackson County and upon the consent of both parties expressed in open Court that this Court should hear and determine said appeal at the present Term, although twenty-four days have not yet Elapsed since said appeal was allowed and the Court, after hearing the argument of counsel and being fully advised in the premises, find that said McCully was appointed administrator of said Estate before the period of sixty days had Elapsed from the death of the intestate and without citation to the next of Kin Entitled to the administration if there be any or without any proper renunciation of the right to administer upon said Estate. It is therefore ordered that the appointment of the said McCully as administrator of said Estate be and hereby is revoked, that the Clerk of this Court certify a copy of this decree to the Probate Court aforesaid, together with the Original papers from said Court to the End that such proceedings may be had in said Probate Court in the administration of such estate as are proper and right. Whereupon Court adjourned until tomorrow morning, Eight O'Clock. September 9, 1853 Friday morning Eight O'clock September 9th 1853 Court met pursuant to adjournment. Present same as yesterday. Minutes of yesterday read and approved. Ordered that Columbus Sims, Esq., be and hereby is appointed master commissioner in Chancery of this Court. Ordered that D. B. Brenan, Esq., be and hereby is appointed commissioner under the laws of Congress to take affidavits and acknowledgments of bail. Ordered that the Clerk of this Court be and hereby is authorized to provide a seal of office with such device and inscriptions as he may think fit, subject to the approval of the Court, and that the County commissioners of Jackson County, upon presentation of a certified copy of this order and the proper vouchers, pay to said Clerk the expenses of procuring said seal. Edward Sheil, Esq., having been appointed Clerk of this Court in vacation, such appointment is hereby confirmed in open Court and ordered to be Entered of record which is hereby done. Whereupon Court adjourned without day. February 6, 1854 Be it remembered that at a District Court of the United States for the Territory of Oregon and County of Jackson, begun and held at the town of Jacksonville in said County on Monday, the sixth day of February, A.D. 1854, At which were present The
Hon. O. B. McFadden, Judge
C. Sims, Pros. Atty. for the third Judicial Dist. of Oregon Mathew G. Kennedy, Sheriff, and Lycurgus Jackson, Clerk The following proceedings were had, to wit: And now at this day comes into Court Aaron Chambers, A. S. Welton, John Kennedy, A. Tenbrook, John C. Anderson, Jesse Walker, William Brown, O. D. Hoxie, John E. Ross, James H. Russell, J. McCall, J. W. Morris, Gideon Kerr, William B. Morris, William Ballard, Thomas Pyle, J. H. Davis, William Thompson, F. Fisher, James McDonough, Giles Wells and Benjamin Armstrong, twenty-two in number, good and lawful men of the County, in obedience to the command of the venire heretofore Issued by the Clerk of this Court for a Grand Jury, and it appearing to the satisfaction of the Court that a quorum of the regular panel of the Grand Jury is present, And on application, the Court Excused A. Tenbrook, Giles Wells, and Benjamin Armstrong for cause shown. Whereupon the Court appointed Gideon Kerr as foreman of the Grand Jury. Said persons were then duly empaneled, sworn and charged as a grand Jury to inquire into offenses for the body of the County of Jackson as well on behalf of the United States as the Territory of Oregon and then retired under charge of an officer of the Court. The United States District Attorney not being in attendance on this Court, It is ordered that C. Sims be and hereby is appointed United States District Attorney Pro tem. On motion of D. B. Brenan, Esq., Paine P. Prim was admitted as an attorney and counselor at law to practice in the District Courts of this Territory and was duly sworn in open Court as such Attorney and counselor at law. On motion of C. Sims, Esq., W. G. T'Vault, an attorney and counselor at law, was appointed by the Court to assist the Prosecuting attorney on behalf of the Territory of Oregon to Prosecute the Indians Charged with murder and now in Custody. On motion of W. G. T'Vault, Esq., The Court appointed T. McF. Patton, D. B. Brenan, and S. C. Graves, attorneys at law, a committee to examine Daniel M. Kenney and report their opinion Touching his Qualifications as an attorney and counselor at law and his admittance to the bar of this Court. Whereupon Court adjourned until two O'Clock P.M. Monday, two O'clock P.M. February sixth 1854 Court met pursuant to adjournment. Territory of Oregon vs. Louis Denois. Indictment for shooting with intent to kill. Now at this day comes the Prosecuting attorney on behalf of the Territory and the Defendant Louis Denois, in proper person and by his attorneys W. G. T'Vault and D. B. Brenan, and moves the Court to quash said Indictment which motion was overruled by the Court, then comes a Jury, To Wit, Frederick Heber, Robert Henderson, George T. Vining, William Kahler, E. E. Gore, Morris Howell, N. B. Evans, James Hamlin, Samuel Hall, E. McCarty, A. D. Lake, Frederick Alberding, twelve in number, good and lawful men of the County who, being duly empaneled and sworn to well and truly try the Issue Joined, wherein the Territory of Oregon is Plaintiff and the said Louis Denois is defendant and a true verdict to return according to the law and testimony, who after hearing the testimony as well on the part of the said defendant as on the part of the Territory and the argument of counsel and the charge of the Court retire to consider of their verdict. After some time, the Jury returned unto Court the following verdict, to wit, We the Jury decide that the Defendant Louis Denois is not guilty, signed James Hamlin, Samuel Hall, E. E. Gore, N. B. Evans, Frederick Heber, Frederick Alberding, Morris Howell, William Kahler, George T. Vining, A. D. Lake, R. W. Henderson and E. McCarty. Whereupon, it is ordered by the Court that the defendant go hence without day and that he recover his costs in this behalf Expended. Whereupon Court adjourned until tomorrow morning at Eight O'clock. February 7, 1854 Tuesday morning, Eight O'clock February seventh 1854 Court met pursuant to adjournment. Present same as yesterday. The committee appointed to Examine David M. Kenney submitted the following report, to wit: To the Hon. O. B. McFadden, The committee to whom was referred the application of D. M. Kenney for admission to the bar would respectfully beg leave to report to your Honor that we have Examined the applicant and find him competent and Qualified to discharge the duties of an attorney at law, signed S. C. Graves, T. McF. Patton, D. B. Brenan. Whereupon on motion, Daniel M. Kenney was admitted as an attorney and counselor at law and was duly sworn in open Court as such. Territory of Oregon vs. Fanny Fyan alias Fanny White. Indictment for Adultery. Now at this day comes the Prosecuting Attorney on behalf of the Territory in the above Entitled cause and the Defendant in person and by W. G. T'Vault and D. B. Brenan, her attorneys, And said Defendant having filed her plea of not guilty to the charges in said Indictment. Whereupon to try the said issue there came the following Jury, to wit, James Hamlin, D. T. Kersey, Samuel Hall, Robert Henderson, Robert Hargadine, Morris Howell, N. B. Evans, F. R. Firby, E. McCarty, Frederick Heber, A. D. Lake and George T. Vining, twelve good and lawful men of the County, who being duly empaneled and sworn as the law directs after hearing the Testimony as well on the part of the Territory as on the part of the Defendant, the arguments of counsel and the charge of the Court for verdict say the Defendant is not Guilty. Therefore it is ordered that the verdict of not guilty be entered, which is accordingly done and the Defendant discharged to go hence without day. Anthony Little, Frederick Westgate and N. Young vs. John M. Chaney. Assumpsit. Now at this day comes the Plaintiffs in the above entitled cause by T. McF. Patton, Esq., their attorney, and moves the Court to dismiss this cause at the costs of the Plaintiffs. Therefore, it is considered that the said defendant have and recover of the Plaintiffs his costs and expenses in this behalf expended. And now at this day comes into Court the Grand Jury heretofore empaneled and presented an Indictment against Indian Tom and George for murder, which is received by the Court and ordered to be filed. Whereupon Court adjourned until two O'clock P.M. February 7, 1854 Tuesday, two O'clock P.M. Feb. 7th 1854 Court met pursuant to adjournment. Territory of Oregon vs. Indian George and Tom. Indictment for murder. And now it appearing to the Court that said Defendants are in the custody of the Sheriff, On motion of the Pros. Attorney for the Territory, it is ordered that the said defendants be brought into court to be arraigned upon the Indictment heretofore found against them, which was accordingly done, and now it appearing to the Court that the said defendants having no counsel and upon being requested to select their counsel, made choice of D. B. Brenan and P. P. Prim. Thereupon D. B. Brenan and P. P. Prim were appointed to defend the said Defendants, and after being furnished with a list of petit Jurors, prays the Court for further time to plead to said Indictment, Whereupon it is ordered that said defendants be allowed a short time to plead to said Indictment. Territory of Oregon vs. Indian George and Tom. Indictment for murder. And now at this day comes into Court said defendants in person and by Brenan and Prim, their attorneys. Whereupon, on motion of the Prosecuting attorney for the Territory, the Defendants were duly arraigned upon the Indictment and for plea thereto say they are not Guilty, which plea was received by the Court and ordered to be entered of record which is accordingly done. And on motion of C. Sims, Esq., Louis Denois was appointed by the Court to assist Mr. Culver in the Interpretation to the Court and Jury, and was accordingly sworn. Thereupon comes a Jury, to wit, S. D. Van Dyke, Edward McCarty, Thomas Gregory, L. A. Davis, Robert Hargadine, A. D. Lake, James Hamlin, Samuel Hall, Frederick Alberding, Frederick Heber and Robert Henderson, twelve in number, good and lawful men of the County who were duly empaneled and sworn without respect to parties to well and truly try the matter at Issue between the parties and a true verdict render according to the Testimony and laws of the Territory and the Jury after hearing the proofs and allegations of the parties the argument of counsel and the charge of the Court retire under charge of an officer of the Court to consider of their verdict and the Jury after a short absence returned into court the following verdict to wit, we the Jury find that the defendant Indian George is guilty as he stands Indicted and further that the said Indian George is guilty of murder in the first degree and in the case of Indian Tom, we find him guilty as he stands Indicted and further that he is guilty of murder in the first degree and in the case of Indian Tom, we find him guilty as he stand Indicted and further that he is guilty of murder in the first degree. Whereupon Court adjourned until Wednesday morning 9 O'clock. February 8, 1854 Wednesday morning 9 O'clock A.M. February Eighth 1854 Court met pursuant to adjournment, Present same as yesterday. Admission of George W. Pearson It appearing to the Court that George W. Pearson has been admitted to practice law as an attorney in Courts of record, Therefore it is ordered that said Pearson be admitted as an attorney to practice law in this Court and that the Clerk furnish him with a certificate of such admission upon payment of the proper fees. And now at this day comes into court the Grand Jury heretofore empaneled and return into Court an Indictment against one Indian Thompson for maliciously murdering one Edwards which was received by the Court and ordered to be filed. Territory of Oregon vs. Indian George and Tom. Indictment for murder Now at this day comes the Prosecuting attorney on behalf of the Territory in the above entitled cause and the defendants Indian George and Indian Tom in person and by Brenan and Prim, their attorneys. And on motion of the Prosecuting Attorney the Court proceeded to pronounce the following sentence as the Judgment of the Court. You, Indian George, have been Indicted and tried for one of the highest crimes known to our laws, to wit, the crime of murder. You have had a fair and impartial trial as much so as if you had belonged to our own race. You have had the benefit of counsel who did everything for you that was possible, but an intelligent and upright jury, upon a fair and dispassionate examination of the Evidence given against you, not only by those whom you supposed to be unfriendly towards your people, but by the chiefs of your own tribe have found you, Indian George, Guilty in manner and form as you stand Indicted of having, on the night of the seventh of October, 1853, deliberately and with premeditated malice, shot James C. Kyle, and as there was no provocation on the part of Mr. Kyle which could Justify you in the use of violence towards him, they have said that you were guilty of murder in the first degree, an offense which by our laws is punishable with death. It therefore becomes my duty to pass upon you the sentence provided by our laws. The sentence of the Court is that you, Indian George, be taken hence by the Sheriff of this County of Jackson and be by him, the said Sheriff, kept and detained in safe and secure custody until Friday, the tenth day of February, 1854, and until between the hours of ten O'clock A.M. and twelve O'clock noon of said day, and then you, Indian George, be taken by the said Sheriff or his lawful Deputy or successor in office, on the day and between the hours in that behalf last aforesaid from the place of confinement to a gallows to be by said Sheriff for that purpose Erected in Jacksonville in Jackson County, and there be hanged by the neck until you, Indian George, be dead and may God have mercy on your soul. Territory of Oregon vs. Indian Thompson. Indictment for murder. Now it appearing to the Court that the defendant in the above entitled cause is now in custody of the Sheriff on motion of the Prosecuting attorney for the Territory, it is ordered that the said defendant be brought into Court to be arraigned upon the Indictment heretofore found against which was accordingly done and now it appearing to the Court that the said defendant having no counsel, the Court asks the said defendant who he wished for counsel, his choice being D. B. Brenan and P. P. Prim. Thereupon the Court appointed the said Brenan and Prim to defend the said Indian Thompson, and after the defendant's counsel had been furnished with a list of the petit Jurors, the said defendant by his counsel prays the Court for further time to plead to said Indictment, whereupon it is ordered that the defendant have a short time to plead to said Indictment. Territory of Oregon vs. Indian Thompson. Indictment for murder. And now comes into Court the defendant in the above entitled cause in person and by Brenan and Prim, his attorneys, and on motion of the Prosecuting Attorney for the Territory, the defendant was duly arraigned and for plea to said Indictment says he is not guilty, which plea was received by the Court and ordered to be entered of record which is accordingly done. Whereupon comes a Jury, to wit, William Kahler, Frederick Alberding, A. D. Lake, George T. Vining, D. T. Kersey, Morris Howell, Samuel Hall, S. D. Van Dyke, Robert Henderson, Frederick Heber, L. A. Davis and E. E. Gore, twelve in number, good and lawful men of the County who, being duly empaneled and sworn to well and truly try the matter at issue between the parties and a true verdict give according to the testimony and the laws of our Territory, and after hearing the evidence adduced by the parties, the arguments of counsel and the charge of the Court, retire under the charge of the Sheriff to consider of their verdict. After some time, the Jury returned into Court in the presence of the prisoner at the bar the following verdict, to wit: We, the Jury, find that the defendant, Indian Thompson, is guilty as he stands charged in the Indictment and further say that the said defendant is guilty of murder in the first degree. It is therefore ordered that said verdict be entered of record, which is accordingly done, and on motion, the prisoner was remanded to Jail in the custody of the Sheriff. Whereupon Court adjourned until tomorrow morning, Eight O'clock. February 9, 1854 Thursday morning, Eight O'clock A.M. February 9th 1854 Court met pursuant to adjournment. Present same as yesterday. Now at this day comes into Court the Grand Jury heretofore empaneled and by their foreman return into Court the following Indictments as true Bills, To wit, Territory of Oregon vs. Charles Harris, Indictment for fornication, Territory of Oregon vs. David Griffith, Indictment for fornication, which were received and ordered to be filed and Bench Warrants to Issue returnable at the present Term of this Court which was accordingly done. Territory of Oregon vs. Charles Harris. Indictment for fornication. Now at this day comes the Prosecuting attorney on behalf of the Territory in the above Entitled cause; and the Defendant being brought into Court by the Sheriff, and upon a plea being required of him, the said defendant in open Court says that he is guilty in manner and form as charged in said Indictments and submits himself to the mercy of the Court. Whereupon the Court, after being fully advised in the premises, assess a fine of twenty dollars for the use of the County of Jackson and imprisonment in the County Jail twenty-four hours and that he stand committed until said fine and costs of prosecution be paid. Territory of Oregon vs. David Griffith. Indictment for fornication. Now at this day comes the Prosecuting Attorney on behalf of the Territory in the above entitled cause and the defendant being brought into Court by the Sheriff and upon a plea being required of him, the said defendant in open Court says that he is guilty in manner and form as charged in said Indictment and submits himself to the mercy of the Court, Whereupon the Court after being fully advised in the premises, assess a fine for the use of the County of Jackson to twenty dollars and the costs of prosecution and sentence him to imprisonment in the County Jail twenty-four hours and that he stand committed until the fine and costs aforesaid be paid. Whereupon Court adjourned until two O'clock P.M. Two O'clock P.M. Thursday, February 9th 1854 Court met pursuant to adjournment. O. D. Hoxie vs. John S. Herrin. Appeal on Forcible Entry and Detention. Now at this day comes the plaintiff in the above entitled cause by T'Vault and Kenney, his attorneys, and the Defendant by Brenan and Prim, his attorneys, and the cause having been appealed from the Judgment of a Justice of the Peace and the Issue having been made up in this cause, Whereupon comes a Jury, to wit, Wm. Kahler, E. F. Stone, Peter E. Miller, D. T. Kersey, Frederick R. Furby, Morris Howell, Thomas Gregory, A. D. Lake, S. D. Van Dyke, Robert Henderson, Edward McCarty and Samuel Hall, twelve in number, good and lawful men of the County, duly empaneled and sworn as the law directs, after hearing the Evidence adduced by the parties, the arguments of counsel and the charge of the Court, and the Jury, for verdict say as follows, to wit, We, the Jury find the defendant, John S. Herrin, not guilty. Whereupon the plaintiff by his attorneys filed his motion in writing in arrest of Judgment and for a new trial. Territory of Oregon vs. E. S. Permont. Indictment for Adultery. Now at this day comes the Prosecuting Attorney on behalf of the Territory in the above Entitled cause and the Defendant in person and by Brenan and Prim his Attorneys and the defendant filing his plea of not guilty, which was ordered by the Court to be entered of record, whereupon comes a Jury, to wit, Frederick Alberding, Daniel Lowe, Wm. Wright, Frederick Heber, L. A. Davis, George T. Vining, Robert Hargadine, E. E. Gore, James Hamlin, N. B. Evans, Charles Linksweiler and R. A. Davis, twelve in number, good and lawful men of the County, who were duly empaneled and sworn as the law directs and, after hearing the evidence adduced by the parties, the argument of counsel and the charge of the Court retire to consider of the verdict, and the Jury for verdict say that we, the Jury, find the Defendant not guilty. Therefore, it is ordered by the Court that the Defendant go hence without day and that he recover his costs and expenses in this behalf expended. Whereupon Court adjourned until tomorrow morning at nine O'clock A.M. February 10, 1854 Friday morning, nine O'clock A.M. February 10th A.D. 1854 Court met pursuant to adjournment. Present same as yesterday. John Coakley vs. Alexander Gordon. Transcript. Now at this day comes the plaintiff in the above entitled cause by Brenan and Prim, his attorney, and the Defendant by S. C. Graves, his attorney, and the Defendant filed his demurrer to the plaintiff's cause of action. The cause was submitted to the Court upon transcript demurrer and argument of counsel. Territory of Oregon vs. Indian Peter. Larceny. Now at this [day] comes the Prosecuting attorney on behalf of the Territory in the above entitled cause and says he will not further prosecute said defendant, whereupon it is ordered by the Court that said Indian Peter be discharged and go hence without day. D. B. Brenan vs. H. Aron & Company. Assumpsit. Now at this day comes the Plaintiff in the above entitled cause by his attorney and the defendant, Sims and Patton, his attorneys, and the defendant files his plea of non assumpsit and set off, Whereupon comes a Jury, to wit, James Hamlin, D. T. Kersey, Samuel Hall, Robert Henderson, Robert Hargadine, Morris Howell, N. B. Evans, F. R. Furby, Edward McCarty, Frederick Heber, A. D. Lake, and George T. Vining, twelve in number, good and lawful men of the County, who being duly empaneled and sworn as the law directs and after hearing the Evidence adduced by the parties, the argument of counsel and the charge of the Court, for verdict say that they find the Issue for the plaintiff and assess his damages at the sum of seventy-nine dollars and forty cents, which verdict was received and ordered to be entered of record, which is accordingly done, whereupon the Defendant's attorney gave notice that they would file their motion in arrest of Judgment, which motion being filed, and the Court being fully advised in the premises, It is therefore ordered that a new trial be granted. Whereupon Court adjourned until half past one O'clock P.M. Half past One O'clock P.M. February 10th 1854 Court met pursuant to adjournment. Territory of Oregon vs. Isaac Constant. Recognizance to keep the Peace. Now at this day, the defendant being three times solemnly called but came not but made default, It is therefore considered by the Court that the recognizance of said defendant be forfeited. Also, it is considered by the Court that further proceedings in this case be suspended until the first day of the next Term of this Court. D. C. Laris vs. T. R. Points, Edward Stone. Scire Facias on Transcript. Now at this day comes the plaintiff in the above entitled cause, Brenan and Prim, his attorneys, and the defendants by Skinner and being their attorneys and the defendants filed their demurrer to the plaintiff's cause of action, whereupon the case was submitted to the Court upon transcript demurrer and argument of Counsel. D. C. Laris vs. David Crocker. Assumpsit. Now at this day comes the plaintiff in the above Entitled cause by D. B. Brenan, Esq., his attorney, and the defendant being three times called at the Court House door and came not, but herein made default. It is therefore considered by the Court that the default of said defendant be Entered of record and it appearing to the satisfaction of the Court that the summons in this cause had been served upon said defendant more than ten days before the first day of the Present Term of this Court, and the Court being fully advised in the premises, assessed the damages of the plaintiff by reason thereof at the sum of one hundred and fifty dollars. Therefore, it is considered that the plaintiff recover of the said David Crocker the said sum of one hundred and fifty dollars, together with his costs and expenses in this behalf sustained to be taxed and that execution Issue therefor. Now at this day the Grand Jury heretofore Empaneled returned into Court the following true Bills of Indictment. To wit, one against John Coakley for maliciously killing hogs and one against Captain Mitchell, Ichabod Dodson and Rouse, which were received and ordered to be filed and Bench Warrants to Issue thereon. Now at this day comes into Court the Grand Jury heretofore Empaneled and by their foreman report that they have gone through with all the business presented to them and now have no further business before them. Thereupon said Grand Jury was by the Court discharged from further attendance at this Term of Court. Whereupon Court adjourned until tomorrow morning nine O'clock. February 11, 1854 Saturday morning nine O'clock A.M. February 11th A.D. 1854 Court met pursuant to adjournment. Present same as yesterday. Haskel Amy vs. John Ghein. Assumpsit. Now at this day comes the Plaintiff in the above Entitled cause by T'Vault and Kenney, his attorneys, and the defendant in person, who in open Court files his written confession that he owed to and was justly indebted to said plaintiff in the sum [of] seven hundred and ninety-eight dollars and that he freely and voluntarily confessed that the Court should enter a Judgment against him for said sum of money in favor of the plaintiff. Therefore, it is considered that the plaintiff have and recover of the defendant the said sum of seven hundred and ninety-eight dollars with interest until thereon until the same is paid, together with his costs and expenses in this behalf sustained. William Gates vs. Daniel Langdon, Peter Miller. Debt. Now at this day comes the Plaintiff in the above Entitled cause by Brenan and Prim, his attorneys, and Peter Miller, one of the defendants, by T'Vault and Kenney, his attorneys. And the defendant by his attorneys filed their affidavit for a continuance of this cause. It is therefore considered that the cause be continued until the next Term of this Court. T. S. Harris et al. vs. James H. Russell, et al. Trespass. Now at this day comes the plaintiffs in the above entitled cause by C. Sims, Esq., his attorney, and the defendants by T'Vault and Kenney, their attorneys, and the Plaintiffs by their attorney file their affidavit and motion for a continuance. It is therefore considered that this cause be continued until the next Term of this Court. Benjamin B. Mouple vs. James T. Mathis. [omission] Now at this day comes the Plaintiff in the above Entitled cause by T'Vault and Kenney, his attorneys, and the defendant by C. Sims, Esq., his attorney, and the defendant is allowed until the first day of the next Term of this Court to file his plea of not guilty and this cause by agreement of Counsel is continued until the first day of the next Term of this Court. George Searle vs. James Clugage. Assumpsit. Now at this day comes the plaintiff in the above Entitled cause by T'Vault and Kenney, his attorneys, and the defendant by D. B. Brenan, Esq., his attorney, and the plaintiff by his attorney files his affidavit and motion for a continuance of this cause. It is therefore considered that this cause be continued until the next Term of this Court. L. McHenry vs. N. S. Winslow. Assumpsit. On application of Plaintiff's Counsel, this cause is continued until the next Term of this Court. Harry Hum vs. T. F. Walker. Trespass. Now at this day comes the plaintiff in the above entitled cause by C. Sims, Esq., his attorney, and the defendant by T. McF. Patton, Esq., his attorney, Whereupon the defendant put in his plea of not guilty, which was ordered to be filed and recorded. Whereupon comes a Jury, to wit, E. E. Gore, J. R. Davis, Peter E. Miller, Frederick Alberding, William Wright, E. F. Stone, N. B. Evans, L. A. Davis, James Hamlin, Samuel Hall, S. D. Van Dyke and D. T. Kersey, twelve in number, good and lawful men of the County, who being duly empaneled and sworn as the law directs, and after hearing the Evidence adduced by the parties, the argument of counsel, and the charge of the Court, for verdict say that they find the issue for the plaintiff and assess his Damages at the sum of twenty-five dollars, which verdict was ordered to be filed and recorded. Whereupon the plaintiff [sic] by his attorney gave notice that he would file a motion to arrest Judgment and for a new Trial. Edward W. Day vs. P. W. Stowe. Assumpsit. Now at this day comes the Plaintiff in the above Entitled cause by T. McF. Patton, Esq., his attorney, and discontinues this cause. Therefore, it is considered that the defendant have and recover of the Plaintiff his costs and expenses in this behalf sustained. Richard H. Johnson vs. Samuel D. Van Dyke. Assumpsit. Now at this day comes the plaintiff in the above Entitled cause by his counsel and discontinues this cause. It is therefore considered that the defendant have and recover of the said Plaintiff his costs and expenses in this behalf sustained. Charles G. Abbey vs. James Tucker, James Collins. Assumpsit. Now at this day comes the Plaintiff in the above Entitled cause by T'Vault and Kenney, his attorneys, and discontinues this cause at the costs of the Plaintiff. It is therefore considered that the said defendant recover of the said Plaintiff his costs and expenses in this behalf sustained. H. Aron & Co.y vs. J. J. Friedman. Trespass on the case. Now at this day comes the plaintiff in the above entitled cause by D. B. Brenan, Esq., and discontinues this suit at the costs of the plaintiff. It is therefore considered that the defendant have and recover of the said plaintiff his costs and expenses in this behalf sustained to be taxed. W. W. Bouhard vs. John Anderson. Assumpsit. Now at this day comes the plaintiff in the above Entitled cause by T. McF. Patton, Esq., his attorney, and discontinues this cause at the costs of the Plaintiff. It is therefore considered that the defendant have and recover of the said Plaintiff his costs and Expenses in this behalf sustained to be taxed. Friedman & Wells vs. Thomas B. Sanderson. Assumpsit. Now at this day comes the Plaintiff in the above Entitled cause by S. C. Graves, Esq., and discontinues this cause at the costs of the Plaintiff. It is therefore considered that the defendant have and recover of the said Plaintiff his costs and expenses in this behalf sustained. W. W. Brown vs. Jesse Hyatt. Assumpsit. Now at this day comes the Plaintiff in the above entitled cause by T. McF. Patton, Esq., his attorney, and discontinues this cause at the cost of the Plaintiff. It is therefore considered that the defendant have and recover of the said Plaintiff his costs and expenses in this behalf sustained to be taxed. W. W. Brown vs. Louis Hyatt. Assumpsit. Now at this day comes the Plaintiff in the above Entitled cause by T. McF. Patton, Esq., his attorney, and discontinues this cause at the costs of the Plaintiff. It is therefore considered that the defendant have and recover of the said Plaintiff his costs and expenses in this behalf sustained to be taxed. Morris & Co. vs. J. B. Wagoner. Assumpsit. Now at this day comes the Plaintiff in the above Entitled cause by T. McF. Patton, Esq., his attorney, and discontinues this cause at the costs of the Plaintiff. It is therefore considered that the defendant have and recover of the Plaintiff his costs and Expenses in this behalf sustained to be taxed. J. B. Wagoner vs. J. B. Sanderson. Assumpsit. Now at this day comes the Plaintiff in the above Entitled cause by T. McF. Patton, Esq., his attorney, and discontinues this suit at the costs of the Plaintiff. It is therefore considered that the defendant have and recover of the said plaintiff his costs and expenses in this behalf sustained to be taxed. R. W. Shockley vs. John Thurber. [omission] Now at this day comes the plaintiff in the above Entitled cause by Sims and Graves, his attorneys, and file their affidavit and motion for a continuance of this cause. It is ordered that this cause be continued until the next Term of this Court. Jabez Kincaid vs. Morgan W. Davis. [omission] This cause is continued until the next Term of this Court and supplemental return of the transcript of the Justice ordered to be filed. Whereupon Court adjourned until Saturday, Feb. 18th 1854. February 18, 1854 Saturday morning, ten O'clock A.M. February 18th 1854 Court met pursuant to adjournment. Present same as heretofore. John Coakley vs. Alexander Gordon. This cause came on to be heard upon the demurrer of the defendant to the plaintiff cause of action and was argued by the counsel, and the Court, being fully advised in the premises, is of opinion that said Scire Facias and the matters therein contained are not sufficient in law to maintain this action. Therefore, it is considered that the said defendant go hence without day and that he recover of the said plaintiff his costs and Expenses in this behalf sustained to be taxed. O. D. Hoxie vs. John S. Herrin. [omission] Now at this day comes the plaintiff in the above entitled cause by T'Vault and Kenney, his attorneys, and moves the Court in arrest of Judgment for a new trial in this cause for reasons on file. Harry Hum vs. E. T. Walker. [omission] Now at this day comes the plaintiff in the above Entitled cause by C. Sims, Esq. and P. P. Prim, Esq., his attorneys, and moves the Court in arrest of Judgment and for a new trial for reasons now on file. D. B. Brenan vs. H. Aron & Co. [omission] Now at this day comes the plaintiff in the above Entitled cause by C. Sims, Esq., his attorney, and moves the Court in arrest of Judgment and for a new trial for reasons now on file. Motion argued by the counsel and submitted to the Court. Whereupon Court adjourned until Saturday, March sixth at One O'clock P.M. March 6, 1854 Saturday, March sixth, One O'clock P.M. Court met pursuant to adjournment. Present same as heretofore. O. D. Hoxie vs. John S. Herrin. Motion in arrest of Judgment and for a new trial. This cause came on to be heard this day upon the motion of the plaintiff to arrest Judgment upon the verdict rendered on Friday, the tenth day of February, A.D. 1854, and upon consideration thereof, it is ordered that said motion be overruled and that said defendant recover of the plaintiff his costs and Expenses in this behalf sustained taxed to three hundred and sixty-four dollars and ninety-five cents and that Execution issue therefor. Harry Hum vs. E. T. Walker. Motion in arrest of Judgment and for a new trial. This cause came on to be heard this day upon the motion of the plaintiff to arrest Judgment upon the verdict rendered on Friday, the tenth day [of] February, A.D. 1854 and on consideration thereof, it is ordered that said motion be overruled, whereupon it is considered that the defendant recover of the Plaintiff the said sum of twenty-five dollars, his damages aforesaid, as aforesaid assessed and also his costs and Expenses in this behalf sustained to be taxed to twenty-five dollars and that Execution issue therefor. D. C. Louis vs. Pointer & Stone. [omission] This cause came on to be heard upon the Demurrer of the defendant to the Scire Facias of the plaintiff and was argued by the Counsel and the Court being fully advised in the premises of the opinion that said Scire Facias and the matters therein contained are not sufficient in law to maintain the action of the said plaintiff against the said defendant. Therefore, it is considered that said defendant go hence without day and that he recover of the said plaintiff his costs and expenses in this behalf sustained taxed to One hundred and seventy dollars and that they have Execution Issue therefor. D. B. Brenan vs. H. Aron & Co. [omission] This cause came on to be heard this day upon the motion heretofore filed in this cause for setting aside the verdict rendered herein on Thursday the ninth day of February, A.D. 1854, and for a new trial which upon being argued by counsel on consideration, It is considered that said verdict be set aside and that a new trial be granted at the next Term of this Court, and upon motion of the Defendant, this cause is continued until the next Term of this Court. It is ordered that a compensation of twenty dollars be allowed to S. H. Culver for services rendered in this Court as Interpreter in the cause of the Territory against Indians George, Tom and Thompson. Be it remembered that on this sixth day of March, A.D. 1854, John Bigler and Veit Schutz filed their declaration to become citizens of the United States. May 1, 1854 Be it remembered that at a District Court of the United States, begun and holden in the County of Jackson and Territory of Oregon, on Monday, the first day of May, A.D. 1854, at which were present: The
Hon. M. P. Deady, Judge
Joseph W. Drew, Esq., Deputy U.S. Marshal Mathew G. Kennedy, Sheriff R. E. Stratton, U.S. Prosecuting Attorney Pro tem Stephen Chadwick, Territorial Prosecutor Pro tem and Lycurgus Jackson, Clerk The following proceedings were had, to wit: And now at this day comes into Court, in obedience to the commands of a venire heretofore issued for that purpose, E. Pinkham, James McDonald, E. C. Pelton, Abraham Tenbrook, E. F. Walker, Giles Wells, Jesse Walker, Honicle Bellinger, Isaac Constant, David Clinton, N. C. Dean, Asa Fordyce, A. D. Helman, James Hamlin, James Lisshi, Daniel Newcomb and W. W. Fowler, in all Eighteen in number, good and lawful men of the County who, after the appointment of Daniel Newcomb as foreman, were duly Empaneled, sworn and charged as a Grand Jury as well on behalf of the United States as the Territory of Oregon. The Prosecuting attorney, on behalf of the Territory, not being present, it is ordered by the Court that Stephen F. Chadwick, Esq., be and hereby is appointed Prosecuting attorney Pro tem. The Prosecuting attorney, on behalf of the United States, not being present by the request of said attorney, It is ordered by the Court R. E. Stratton, Esq., be and hereby is appointed attorney on behalf of the United States Pro tem. Thomas Holman, Robert Wright, James T. Tucker, John Osburn, Albert B. Jennison and A. J. Butler, heretofore summoned to serve at this Term of Court as petit Jurors now come forward and moves the Court to be Excused from such service, which motion is allowed. Territory of Oregon vs. Thornton Anderson. Indictment for Rape. And now at this day comes the Prosecuting attorney on behalf of the Territory and moves the Court to dismiss the above entitled cause and it appearing to the Court that said Indictment was found at the September Term of this Court in the year Eighteen hundred and fifty-three that said defendant had not yet been arrested but had fled to parts unknown, it is ordered that said cause be dismissed. Territory of Oregon vs. Isaac Constant. Recognizance to keep the Peace. And now at this day comes into court the defendant in person and by his attorney and moves the Court to be discharged from the recognizance heretofore by him given in the above matter, and no person appearing to resist said application, It is ordered by the Court that the defendant be discharged and that the Prosecuting Witness pay the costs of said proceeding to be taxed. Territory of Oregon vs. Jacob Dodson. Indictment for murder. And now at this day comes the Prosecuting Attorney on behalf of the Territory and moves the Court for an alias Bench Warrant in the above cause, which motion is allowed. Territory of Oregon vs. Captain Mitchell. Indictment for murder. And now at this day comes the Prosecuting Attorney on behalf of the Territory and moves the Court for an alias Bench Warrant in the above cause, which motion is allowed. Territory of Oregon vs. [blank] Rouse. Indictment for murder. And now at this day comes the Prosecuting Attorney on behalf of the Territory and moves the Court for an alias Bench Warrant in the above cause, which motion is allowed. Whereupon Court adjourned until tomorrow morning at 9 O'clock. May 2, 1854 Tuesday morning, nine O'clock A.M. May the Second, A.D. 1854 Court met pursuant to adjournment. Present same as yesterday. Eber Emery et al. vs. Edward Sheil. Attachment. And now at this day comes the Plaintiffs in the above Entitled cause and moves the Court, the defendant be called and his default Entered, which is accordingly done. Thomas Smith and James A. Lupton heretofore summoned to serve as petit Jurors at this Term of Court now come and move the Court to be discharged from such service, which motion is allowed. Samuel Smith vs. P. W. Stowe. Assumpsit. And now at this day comes the defendant on the above Entitled cause by his attorneys and moves the Court to quash the summons heretofore Issued in this cause for cause is on file, whereupon it is ordered by the Court that said Summons be quashed. T. S. Harris et al. vs. James H. Russell. Assumpsit. This cause came on to be heard upon the demurrer of the defendant to the declaration of the Plaintiff and the Court, after hearing of counsel, is of opinion that the declaration aforesaid is sufficient in law to Enable said Plaintiff to maintain his action, It is therefore ordered and adjudged that said demurrer be overruled. S. Pease and Hugh Clawson, witnesses heretofore subpoenaed to appear and testify in the case of Samuel Wilkes against John F. Miller, now pending in this Court, having failed to appear in obedience to said subpoena, on motion of Attorneys for Plaintiff, it is ordered that attachment Issue against said Pease and Clawson to bring them Into Court forthwith. William Yates vs. Daniel Langdon & Peter Miller. Assumpsit. And now at this day comes the defendants in the above Entitled cause by their attorneys and moveth Court for leave to withdraw the [omission] of nihil debet heretofore filed in said cause and to demurrer to the declaration, which motion is allowed by the Court. Thereupon, the defendants, having demurred to the declaration in said cause, and the court having heard the arguments of counsel upon said demurrer, it is ordered by the Court that said demurrer be overruled and said defendants declining to make further answer to said declaration, and it appearing to the Court that said action is brought upon an instrument of writing for the payment of money, only the Court assess the damages of the plaintiff to forty-one dollars and thirty-five cents, therefore it is considered that the plaintiff recover of the defendant the sum of six hundred and fifty dollars as his debt in said cause, together with his said forty-one dollars and thirty-five cents, his damages for the detention of said debt together with costs of suit to be taxed and that he have execution therefor. Jabez Kincaid vs. Morgan W. Davis. Appealed from Justice Court. And now at this day comes the parties in the above Entitled cause by their attorneys and submit the law and facts in said cause upon the papers on file to the decision of the Court. The Court assess the damages of the plaintiff by reason of the premises to sixty-one dollars and Eighty cents. Therefore, it is considered that the plaintiff recover of the defendant and E. McCarty and Frederick K. Furby, securities on the appeal bond heretofore given by the defendant in said cause the said sum of sixty-one dollars and Eighty cents, with costs of suit to be taxed and that he have Execution issue therefor. Samuel Wilkes vs. John F. Miller. Assumpsit. This came on to be heard upon the demurrer heretofore filed by the defendant to the declaration in this cause, and the Court, having heard the arguments of counsel upon said demurrer, it is ordered that said demurrer be overruled. James H. Russell, a witness subpoenaed to appear and testify in the case of Walter Davies et al. vs. James H. Russell et al. now pending in this Court having failed to appear in obedience to said subpoena, on motion of plaintiff's attorney, an attachment was ordered to issue forthwith against the said James H. Russell. R. W. Shockley vs. John Thurber. Appeal. And now at this day comes the parties in the above Entitled cause by their attorneys and say they are ready for trial. Thereupon comes a Jury to wit David Linn, R. R. Gates, J. T. Walker, James Anderson, L. H. Zigler, N. D. Smith, Eber Emery, Edward McCarty, Champaign Collier, H. F. Barron, A. J. Kane and E. H. Blanchard, twelve in number, good and lawful men of the County who were duly Empaneled and sworn the truth to speak upon the issue heretofore joined between the parties, and thereupon on motion of counsels for Plaintiff, it is ordered that said Jury be discharged and said cause be dismissed at the costs of the plaintiff. Therefore, it is considered that the defendant recover of the plaintiff his costs and Expenses in this behalf sustained to be taxed and that he have execution therefor. Whereupon Court adjourned until tomorrow morning, nine O'clock. May 3, 1854 Wednesday, May third, 1854. 9 O'clock A.M. Samuel Wilkes vs. John F. Miller. Assumpsit. And now at this day comes the parties in the above entitled cause by their attorneys and consent that this cause be continued generally until the next Term of this Court which is accordingly done. On motion of G. W. Pearson, Esq., Avery P. Stearns, Esq. was admitted and sworn as an attorney and counselor of this Court. And now at this day comes into Court the Grand Jury heretofore empaneled and through their foreman returned three true Bills, to wit, one bill against Columbus Sims for stabbing with intent to kill, one bill against Daniel Kenney for aiding and abetting the said Sims for the commission of said offense and one bill against Patrick Starr for shooting with intent to kill, and it appearing to the Court there is no further business before the Grand Jury, It is ordered that they be discharged for the Term. Territory of Oregon vs. Patrick Starr. Indictment for shooting David Haines with intent to kill. Now at this day comes the Prosecuting attorney on behalf of the Territory in the above Entitled cause and moves the Court to have the Prisoner brought into Court and arraigned and it appearing to the Court that the Prisoner was in the custody of the Sheriff, it was ordered that the Prisoner be brought into Court and the Prisoner being brought into Court and having waived a copy of the Indictment was arraigned upon the Indictment heretofore found against him and for plea thereto pleads not guilty. Therefore comes a Jury, to wit: N. D. Smith, James Anderson, Champaign Collier, J. P. Walker, Eber Emery, Walter R. Davis, Roderick R. Gates, Edward McCarty, Lewis H. Zigler, Isaac Woolen, John S. Miller and Thomas Hopwood, twelve in number, good and lawful men of the County, who after being duly sworn to well and truly try the Issue between the Territory of Oregon and the defendant according to the Evidence and after hearing the evidence of the witnesses, the arguments of counsel for the Territory as well as the Prisoner and the charge of the Court, retired under charge of a sworn officer to consider of their verdict. Thereupon the Jury, after a short absence returned into court the following verdict, to wit: We, the Jury, find the defendant Patrick Starr, guilty as charged in the Indictment, which verdict was received by the Court and ordered to be entered of record, which is accordingly done. Territory of Oregon vs. Daniel M. Kenney. Indictment for aiding and abetting Columbus Sims in stabbing with intent to kill. And now at this day comes into Court the defendant in the above Entitled cause and delivers himself into the custody of the Sheriff, waives a copy of the Indictment heretofore found against and the arraignment upon said Indictment, and for plea thereunto says he is not guilty. Thereupon, the defendant by his counsel moves the Court for a continuance of this cause until the next Term of this Court upon affidavit of said defendant heretofore filed and for reasons thereon contained and the Court having heard the argument of counsel upon said motion, It is ordered that said motion be disallowed. T. S. Harris et al. vs. James H. Russell. Assumpsit. And now at this day comes the parties in the above Entitled cause by their attorneys and say they are ready for trial whereupon comes a Jury to wit, Roderick R. Gates, John P. Walker, James Anderson, L. Zigler, N. D. Smith, Edward McCarty, A. J. Kane, E. H. Blanchard, O. D. Hoxie, Granville Sears, Champaign Collier, and Isaac Woolen, twelve in number, good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the Issue Joined between the parties and Thereupon by consent of the parties and with the assent of the Court, one of said Jurors is withdrawn. Whereupon it is ordered that the residue of said Jurors be discharged and this cause be continued until the next Term of this Court at the costs of the plaintiff and that Execution Issue therefor. Whereupon Court adjourned until tomorrow morning, nine O'clock. May 4, 1854 Thursday morning, May 4th, 9 O'clock A.M. Court met pursuant to adjournment, Present same as yesterday. Territory of Oregon vs. Patrick Starr. Indictment for Shooting with intent to kill. And now at this day, the Sheriff brings into Court the defendant in the above Entitled cause. Whereupon by reason of the premises, it is considered by the Court that said Patrick Starr be sentenced to hard labor and imprisonment in the Penitentiary for the Term of ten years and that the Territory of Oregon have Judgment and Execution against the lands, goods and chattels of said Starr for the costs of this prosecution to be taxed. John Ghein vs. William Burke. In Chancery. This cause came on for hearing upon the bill and the answer of the respondent and was submitted to the Court, who finds the Equity of the case with the respondent, wherefore it is ordered adjudged and decreed that said bill be dismissed at the costs of the complainant and that Execution Issue therefor. Ordered by the Court that the Sheriff of Jackson County be allowed the sum of two hundred dollars from the Treasurer of Jackson County for services when the Territory has failed or the defendants have proved insolvent for the past year and that the Clerk of this Court furnish the County commissioners of Jackson County with a certified copy of this Order. Ordered by the Court that Lycurgus Jackson, Clerk of this Court, be allowed the sum of one hundred dollars from the Treasurer of Jackson County for services wherein the Territory has failed or the defendants [have proved] insolvent for the past year and that the Clerk of this Court furnish to the County Commissioners of this County a certified copy of this Order. Territory of Oregon vs. Daniel M. Kenney. Indictment for aiding and abetting Columbus Sims in stabbing with intent to kill. And now at this day comes the Prosecuting attorney on behalf of the Territory in the above Entitled Cause and moves the Court to continue this cause until the next Term of this Court and the defendant by his counsel consenting thereto, It is ordered that said cause be continued. Thereupon, defendant prays to be admitted to bail. Whereupon it is ordered by the Court that the defendant be discharged from custody upon giving bail with sufficient sureties in the sum of five thousand dollars. Thereupon came into Court the said Daniel Kenney, Charles Drew, James Clugage, William K. Ish and Gideon Kerr and jointly and severally acknowledged themselves indebted to the Territory of Oregon in the sum of five thousand dollars for the payment of which well and truly to be made they bind themselves, their heirs and Executors, to be void on condition that the said Kenney shall appear at the next Term of this Court and abide the order of said Court in said cause, otherwise to be and remain in full force. D. B. Brenan vs. H. Aron & Co. Assumpsit. And now at this day comes the defendant in the above Entitled cause by T. McF. Patton, Esq., his attorney, and on motion, this cause is discontinued at the costs of the defendant. James T. Tucker & James W. Collins vs. John Johnston. Assumpsit. And now at this day comes the Plaintiffs in the above Entitled cause by their attorney, and on motion this cause is discontinued at the costs of the Plaintiffs. Morgan W. Davis vs. James T. Tucker. Assumpsit. And now at this day comes the Plaintiff in the above Entitled cause by his attorney and on motion this cause is discontinued at the costs of the plaintiff. William Owens and [blank] Smith vs. McKennell & Hoffman. Assumpsit. And now at this day comes the parties in the above Entitled cause, by their attorneys, and stipulate and agree to dismiss this cause at the costs of the defendant. W. W. Fowler and Joseph H. Davis vs. Abel George. [omission] Now at this day comes the Defendant in the above Entitled cause by his attorney and on motion, this cause is discontinued at costs of Defendant. John E. Ross and Michael Hanley vs. William Miller. Now at this day comes the defendant in the above entitled cause by his attorney, and on motion, this cause is discontinued at the costs of the defendant. George Searl vs. James Clugage. Assumpsit. Now at this day comes the Plaintiff in the above Entitled cause by his attorney and on motion, this cause is discontinued at the costs of the said Plaintiff. Whereupon Court adjourned without day. August 7, 1854 Be it remembered that at a District Court of the United States for the Territory of Oregon and County of Jackson, begun and holden at the town of Jacksonville in said County and Territory on Monday, the seventh day of August, A.D. 1854, at which were Present: The
Hon. M. P. Deady, Judge
Joseph W. Drew, Deputy U.S. Marshal Riley E. Stratton, U.S. District Attorney Pro tem P. P. Prim, Prosecuting Attorney for the Territory Thos. Pyle, Sheriff, and Lycurgus Jackson, Clerk The following proceedings were had, to wit: Now at this day comes into Court William W. Brown, John Watson, Obadiah D. Hoxie, Pleasant W. Stowe, John Tennant, Vincent H. Davis, John S. Miller, Joseph Griffin, Lewis H. Zigler, David N. Birdseye, William Spencer, William Ballard, N. P. Baymont, J. J. Cook, Champaign Collier, George H. Ambrose, of the regular panel and James Laurie summoned by the Sheriff from among the bystanders by order of the Court, in all sixteen in number, good and lawful men of the County, who after the appointment of George H. Ambrose from among their number as foreman, were duly empaneled, Charged and sworn as a Grand Jury for the County of Jackson as well on the part of the United States as the Territory of Oregon, and then retired to consider of their presentments. The prosecuting attorney on behalf of the United States not being present, by the request of said attorney, it is ordered by the Court that R. E. Stratton be and hereby is appointed Attorney on behalf of the United States, pro tem. Territory of Oregon vs. Captain Mitchell. Indictment for murder. Ordered that another Bench warrant Issue for the arrest of the defendant, returnable at the next Term of this Court and that this cause be continued until said Term. Territory of Oregon vs. Jacob Dodson. Indictment for murder. Ordered that another Bench Warrant issue for the arrest of the defendant returnable at the next Term of this Court and that this cause be continued until said Term. Territory of Oregon vs. Rouse. Indictment for murder. Ordered that another Bench Warrant issue for the arrest of the defendant in the above Entitled cause, returnable at the next Term of this Court and that this cause stand continued until said Term. Territory of Oregon vs. Abel George. Summons to show cause for failing to attend as a Juror. Ordered that an alias summons issue returnable at the next Term of this Court. T. S. Harris et al. vs. James H. Russell et al. Action at law to recover money. Now at this day comes the plaintiffs in the above Entitled cause by their Counsel and move the Court to dismiss this cause. Thereupon it is ordered that this cause be dismissed at the costs of the plaintiffs to be taxed. Perry B. Marple vs. Samuel J. Matlin. Action at law to recover property. Now at this day comes the parties in the above Entitled cause by their attorneys and stipulate and agree that this cause shall be continued until the next Term of this Court. It is therefore ordered that this cause be continued until the next Term of this Court. S. McHenry vs. N. S. Winslow. Action at law to recover money. Now at this day the plaintiff in the above Entitled cause having been three times called, came not but made default. It is ordered that this cause be dismissed at the costs of the Plaintiff to be taxed. Eber Emery et al. vs. Edward Sheil. Action at law to recover money. And now at this day comes the parties in the above Entitled cause by their counsel and consent that this cause be dismissed at the costs of the defendant. Thereupon Court adjourned until tomorrow morning [at] nine O'clock. August 8, 1854 Tuesday, August Eighth, A.D. 1854 Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. Columbus Sims. Indictment for Stabbing with intent to kill. Now at this day comes the defendant by his counsel and the Territory by the Prosecuting attorney and say that they are ready for trial. Thereupon comes a Jury, to wit: Thomas Wright, E. C. Pelton, James King, Robert Metcalfe, James Henderson, Morgan W. Davis, James Poole, Henry Frazer, Charles Williams, David Linn, Francis Scarborough and James Bruce, twelve in number, good and lawful men of the County who were duly empaneled and sworn well and truly to try the Issue Joined and said Jury, after hearing the proofs and allegations of the parties, the arguments of counsel and the charge of the Court, retired to consider of their verdict, and after a short absence, returned into court the following verdict, We, the Jury, find the defendant not guilty. Thereupon it is considered and adjudged that said defendant be discharged from arrest and go hence without day. Samuel Wilkes vs. John F. Miller. Action at law to recover money. Now at this day comes the parties in the above entitled cause by their respective counsel and say that they are ready for trial. Thereupon comes a Jury, to wit, David Linn, James Henderson, David Clinton, James Bruce, N. W. Fisk, Henry Frazer, Francis Scarborough, William Kahler, Peter Miller, Charles Williams, Samuel Culver and James Poole, twelve in number, good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue Joined between the parties. Whereupon after hearing the proofs and allegations of the parties, the arguments of counsel and the charge of the Court, the Jury retired to consider of their verdict, and after a short absence, returned into Court and for verdict say that they find the issue for the Plaintiff and assess his damages by reason of the premises at forty-one dollars and fifty-four cents. Thereupon it is considered and adjudged by the Court that the plaintiff have and recover of the defendant the said sum of forty-one dollars and fifty-four cents and that the plaintiff have execution therefor. Now at this day appeared in open Court O. B. McFadden and was duly admitted as an attorney at law and solicitor in Chancery of this Court. Territory of Oregon vs. Daniel M. Kenney. Indictment for aiding and abetting C. Sims in stabbing with intent to Kill. Now at this day comes the Prosecuting attorney on behalf of the Territory and moves the Court for leave to enter a nolle prosequi in the above Entitled cause. Thereupon, it is ordered that the motion be and hereby is allowed. Thereupon Court adjourned until tomorrow morning at nine O'clock. August 9, 1854 Wednesday morning, nine O'clock A.M. August ninth, A.D. 1854 Court met pursuant to adjournment. Present same as yesterday. Joseph Pancost vs. Davis Evans. Action at law to recover money. Now at this day comes the parties in the above entitled cause by their respective attorneys and waive a trial by Jury and submit the Issue heretofore Joined in the cause to be tried by the Court. Thereupon the Court, after hearing the proofs and allegations of the parties and the arguments of counsel find the issue for the plaintiff and assess the damages to the sum of one hundred sixty-three dollars and forty cents. Therefore, it is considered and adjudged that the plaintiff recover of the defendant the said sum of one hundred and sixty-three dollars and forty cents, together with his costs and Expenses in this behalf sustained to be taxed. And now at this day comes the defendant by his counsel and moves the Court for a new trial in the above Entitled cause for reasons on file. Thereupon it is ordered that said motion be disallowed. William Orr vs. Davis Evans. Action at law to recover the possession of personal property. Now at this day comes the Parties in the above Entitled cause by their respective attorneys and say that they are ready for trial. Thereupon comes a Jury, to wit: James Poole, Charles Williams, William Hoffman, David Linn, David Clinton, Francis Scarborough, Walter R. Davis, N. W. Fisk, Henry Frazer, William Kahler, William Ducker, James Henderson, twelve in number, good and lawful men of the County, who were duly empaneled and sworn the truth to speak upon the issue found between the parties in this cause, and the jury, after hearing the proofs and allegations of the parties, the argument of counsel and the Charge of the Court, retire to consider of their verdict, and after a short absence returned into Court and for verdict say that the defendant does not unlawfully detain from the plaintiff the goods and chattels mentioned in said plaintiff's complaint. Thereupon it is considered by the Court that the defendant recover of the plaintiff his costs and expenses in this behalf sustained to be taxed. Alonzo Pattie vs. George Ambrose. Action at law to recover money. Now at this day comes the parties in the above Entitled cause by their attorneys and the defendant moves the Court to continue this cause until the next Term of this Court for reasons on file. Thereupon it is ordered that said motion be allowed at the costs of the defendant to be taxed Now at this day comes into Court the Grand Jury heretofore empaneled and through their foreman return into Court two true bills against James McLaney for selling liquor to Indians, one true bill against Thomas Binns for murder and two true bills against John Wintjen for Selling liquor to Indians. Thereupon the Grand Jury was discharged from further service at this Term. Thereupon Court adjourned until tomorrow morning nine O'clock. August 10, 1854 Thursday morning, nine O'clock A.M. August tenth, A.D. 1854. Court met pursuant to adjournment. Present same as yesterday. Horace Peck et al. vs. Davis Evans. Action at law to recover money. Now at this day comes the parties in the above Entitled cause by their respective attorneys and the defendant moves the Court upon affidavit heretofore filed that the plaintiff be held to give security for the costs and charges which may be awarded against said plaintiff in this cause, and it appearing to the Court that the Plaintiffs resided out of this Territory, It is ordered that the motion be allowed and that Proceedings in this cause be stayed until the plaintiffs shall comply with this order. Samuel W. Orr vs. Davis Evans. Action at law to recover the possession of personal property. And now at this day comes the plaintiff in the above Entitled cause and moves the Court to dismiss this cause. Thereupon it is ordered that this cause be dismissed at the costs of the Plaintiff to be taxed. John Thurber vs. R. W. Shockley, T. S. Harris. Action at law to recover money. Now at this day comes the parties in the above Entitled cause by their attorneys and submit this cause to be tried by the Court, and after having heard the proofs and allegations of the parties and the argument of counsel, the Court finds that the defendants are indebted to the plaintiff and assess his damages to the sum of seventy-one dollars and sixty-five cents. Therefore, it is considered that the plaintiff recover from the defendants the said sum of seventy-one dollars and sixty-five cents, together with his costs and charges in this behalf, sustained to be taxed. United States vs. James McLaney. Indictment for selling liquor to Indians. Now at this day comes the District attorney on behalf of the United States and moves the Court that the defendant in the above Entitled cause be arraigned upon the Indictment heretofore found against him and the Prisoner having been brought into Court and having heard the Indictment read to him for plea thereunto says he is not guilty. Thereupon comes a Jury, to wit: Francis Scarborough, William Ducker, Walter R. Davies, Peter Miller, William Kahler, James Poole, Henry Frazer, D. G. Pleasant, Morgan W. Davis, James Henderson, Davis Evans, John W. Duncan, twelve in number, good and lawful men of the County, who were duly empaneled and sworn to well and truly try the Issue Joined in the case, and the Jury having heard the allegations and proofs of the parties, the argument of counsel and the charge of the Court, retired to consider of their verdict and thereafter the Jury returned into Court and say they cannot agree upon a verdict. Thereupon it is ordered that the Jury be discharged from the further consideration of the Case and afterwards comes the District attorney on behalf of the United States and moves the Court for leave to Enter a nolle prosequi in this cause, which motion is allowed. United States vs. John Wintjen. Indictment for selling liquor to Indians. Now at this day comes the parties in the above Entitled cause by their respective counsels, and the defendant having been brought into Court and having heard the Indictment read to him for plea thereunto says he is not guilty. Thereupon comes a Jury, to wit: John W. Inman, Charles Williams, Alexander McIntire, John McLaughlin, Samuel A. Dixon, Henry Greenwood, David Courtney, Joseph Copeland, George Anderson, Thomas Trimble, Richard Williams and Henry Klippel, twelve in number, good and lawful men of the County, who were duly Empaneled and sworn well and truly to try the Issue heretofore Joined in the case, and the jury having heard the proofs and allegations of the Parties, the arguments of counsel and the charge of the Court, retired to consider of their verdict. Thereafter, the Jury came into Court and for verdict in this cause say that the defendant is not guilty. Thereupon, it is ordered that the defendant be discharged from custody and go hence without day. Thereupon Court adjourned until tomorrow morning at nine O'clock. August 12, 1854 Saturday morning, nine O'clock A.M. Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon, ex rel. M. G. Kennedy vs. Thomas Pyle. Action at law for usurping Sheriff's office. Continued by the Court. Samuel Wilkes vs. John F. Miller. Action at law to recover money. Now at this day comes the parties in the above entitled cause by their respective attorneys and moves the Court to tax the costs and expenses in this case. Whereupon it is ordered by the Court that the Clerk tax the sum of fifteen dollars costs against the plaintiff in favor of the defendant and that the Clerk tax the fees and expenses against the parties in proportion as they have made them. Territory of Oregon vs. John Wintjen. Indictment for selling liquor to Indians. Now at this day come the parties in the above Entitled cause and consent that this cause shall be continued until the next Term of this Court. It is therefore ordered that the cause be so continued. Territory of Oregon vs. James McLaney. Indictment for selling liquor to Indians. Now at this day comes the parties in the above Entitled cause by their respective attorneys and the defendant, having been brought into Court and having had the Indictment read in his hearing, for plea thereunto says he is not guilty. Thereupon comes a Jury, to wit: Thomas W. Whitworth, A. J. Kane, Alexander McIntire, George Taylor, Frederick Furby, William B. Horne, Lewis Bosley, John May, J. W. Patrick, James Hayes, David Huggard and John Slaughterback, twelve in number, good and lawful men of the County, who were duly empaneled and sworn to well and truly try the issue joined in the case. And the Jury, after hearing the proofs and allegations of the parties, the arguments of counsels and the charge of the Court, retired to consider of their verdict. Thereafter, the Jury came into Court and say that they are unable to agree upon a verdict. Thereupon, it is ordered by the Court that the Jury be discharged from the further consideration of this cause. Whereupon, on motion of the Prosecuting attorney for the Territory, it is ordered that the cause be dismissed and that the defendant be discharged without day. Thereupon the Court adjourned without day. November 6, 1854 Be it remembered that at a District Court of the United States for the County of Jackson and Territory of Oregon, begun and held in the town of Jacksonville in said County and Territory, on Monday, the sixth day [of] November, A.D. 1854, at which were present: The
Hon. M. P. Deady, Judge
Joseph W. Drew, Deputy U.S. Marshal Thomas Pyle, Sheriff P. P. Prim, Attorney for the Territory, and S. H. Taylor, Clerk The following proceedings were had, to wit: Now at this day comes into Court Abel D. Helman, Thomas Chase, John P. Barnes, Morris Howell, Aaron Chambers, L. J. C. Duncan, Milton Smith, S. M. Wait, G. Kerr, Washington Pearce, William J. Newton, William Hoffman, Rezin B. Packard, Eli K. Anderson, John McCall and James M. Rayburn, in all sixteen in number of the panel of Grand Jurors for the County of Jackson, who after the appointment of L. J. C. Duncan as foreman, were duly empaneled, charged and sworn as a grand Jury as well on the part of the United States as that of the Territory and then retired to consider of their presentiment. Ordered that a summons be Issued by the Clerk commanding James Bruce, M. W. Masterson, and James Vannoy to show cause at the next Term of this Court why they should not be fined for contempt in [not] appearing as trial Jurors at this Term of Court. Territory of Oregon vs. Captain Mitchell. Indictment for murder. Now at this day comes the Prosecuting attorney on behalf of the Territory in the above Entitled cause and on motion of said attorney, it is Ordered that an alias Bench Warrant issue in this cause and that the same be continued until the next Term of this Court. Territory of Oregon vs. Jacob Dodson. Indictment for murder. Now at this day comes the Prosecuting attorney on behalf of the Territory in the above Entitled cause, and on motion of said attorney, It is ordered that an alias Bench Warrant issue in this cause and that the same be continued until the next Term of this Court. Territory of Oregon vs. [blank] Rouse. Indictment for murder. Now at this day comes the plaintiff in the Prosecuting attorney [sic] on behalf of the Territory in the above Entitled cause and on motion of said attorney, It is ordered that an alias Bench warrant Issue in this cause and that the same be continued until the next Term of this Court. Territory of Oregon vs. John Wintjen. Indictment for selling liquor to Indians. Now at this day comes the attorney for the Territory and the defendant in person and by his counsel and Thereupon, the defendant being arraigned upon the Indictment heretofore found against him and for plea thereto, says he is not guilty, and for further plea says that he has already been convicted of the offense charged in said Indictment by the Judgment of this Court at the August Term thereof for the year A.D. 1854. Thereupon Comes a Jury, to wit: A. J. Kane, John McDaniel, Hyman Fairchilds, John F. Miller, Peter Miller, George F. Holmes, William W. Brown, A. G. Rockfellow, Eber Emery, Charles Casey, Samuel Culver and Samuel Hall, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the Issue Joined. Thereupon the Jury, after hearing the proofs and allegations of the parties and the charge of the Court, retired to consider of their verdict, and after a short absence, returned into Court and for verdict say that they find the defendant not guilty. Thereupon it is considered that the defendant go hence without day. Perry D. Marple vs. Samuel S. Martlin. Action at law to recover personal property. Now at this day comes the defendant in the above Entitled cause by his attorney and moves the Court that this cause be dismissed for want of prosecution and the plaintiff being three times called and came not, but made default, Thereupon it is ordered that said cause be dismissed and that the defendant have and recover of the plaintiff his costs and expenses in this behalf sustained to be taxed. Horace C. Peck and E. N. Loomis vs. Davis Evans. Action at law to recover money. Now at this day comes the Plaintiffs in the above Entitled cause by their attorney and the defendant by his attorney and on motion of plaintiffs' counsel, this cause is continued at the costs of the plaintiff to be taxed. Alonzo Pattie vs. George H. Ambrose. Action at law to recover money. Now at this day comes the Parties in the above Entitled cause by their respective attorneys and consent that this cause shall be dismissed at the costs of the plaintiff. Therefore it is considered that the defendant recover of the plaintiff his costs and Expenses in this behalf sustained to be taxed. Sanford Palmer and Cleavis S. Cooper vs. Charles S. Drew. Action at law to recover money. Now at this day comes the Parties in the above Entitled Cause by their respective attorneys and consent that Judgment shall be rendered against the defendant for the sum of one thousand, three hundred and thirty-seven dollars. Therefore it is considered that the Plaintiff recover of said defendant the said sum of one thousand, three hundred and thirty-seven dollars with interest at the rate of five percent per month, together with his costs and Expenses in this behalf, sustained to be taxed. Michael Hanley vs. Thomas Hopwood. Action at law to recover money. Now at this day comes the parties in the above Entitled cause by their respective attorneys and consent that Judgment shall be rendered against the defendant for the sum of five hundred and Eighty-three dollars and fifty cents with interest on the sum of two hundred and five dollars of said sum at the rate of five percent per month together with his costs and expenses in this behalf, sustained to be taxed. Thomas Pyle et al. vs. William M. Hughes. Action at law to recover money. Now at this day comes the parties in the above Entitled Cause by their respective attorneys. Thereupon a Jury being called come, to wit: John McDaniel, John F. Miller, Eber Emery, A. G. Rockfellow, Samuel Culver, Hyman Fairchilds, George Holmes, William V. Brown, Peter Miller, A. J. Kane and Henry Rockfellow, twelve in number, good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue heretofore Joined between the parties and for verdict say that they find the issue in favor of the plaintiffs and assess their damages by reason of the premises at the Sum of three hundred and forty dollars and twenty-five cents. Therefore, it is considered that the plaintiffs recover of the defendant the said sum of three hundred and forty dollars and twenty-five cents with costs of suit to be taxed. Thereupon Court adjourned until tomorrow morning at nine O'clock. November 7, 1854 Tuesday morning, nine O'clock A.M. November the seventh A.D. 1854 Court met pursuant to adjournment. Present the same as yesterday. E. V. Brown vs. D. G. Pleasant. Action at law to recover personal property. Now at this day comes the parties in the above entitled cause by their respective attorneys. Thereupon comes a Jury, to wit: Charles Casey, William N. Ballard, A. J. Kane, George Holmes, Hyman Fairchilds, Peter Miller, John McDaniel, A. G. Rockfellow, John F. Miller, William W. Brown, Eber Emery, and Samuel Culver, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue joined between the parties, and the Jury for verdict say that they find that the defendant does wrongfully detain from the plaintiff the goods and chattel mentioned in said Complainants' complaint. Therefore, it is considered that the Plaintiff recover of the said defendant the said goods and chattel, together with his costs and expenses in this behalf sustained to be taxed. Thereupon, Court adjourned until tomorrow morning, nine O'clock. November 8, 1854 Wednesday morning, nine O'clock A.M. November the Eighth, A.D. 1854 Court met pursuant to adjournment; present same as yesterday. Now at this day comes into Court the Grand Jury heretofore empaneled and through their foreman return into Court the following true bills, one against Hugh Barron, one against John Lewis and one against James Vannoy for selling liquor without license; also the following not true bills, one against Theodore Williams and one against Richard Williams, which bills were ordered to be received and filed. Territory of Oregon vs. Theodore Williams. Recognizance for assault with intent to kill. Now at this day comes the defendant in the above Entitled cause by his counsel and moves the Court for his discharge from the recognizance heretofore Entered into by him, which motion is allowed. Territory of Oregon vs. Richard Williams. Recognizance for assault with intent to kill. Now at this day comes the defendant in the above Entitled cause by his counsel and moves the Court for his discharge from the recognizance heretofore entered into by him which motion is allowed. Thereupon Court adjourned until tomorrow morning nine O'clock. November 9, 1854 Thursday morning, nine O'clock November the ninth A.D. 1854 Court met pursuant to adjournment. Present the same as yesterday. James Hamlin vs. H. H. Church & William Rockfellow. Action at law to recover money. Now at this day comes the Plaintiff in the above Entitled cause and moves the Court to discontinue this cause. Therefore, it is considered that said cause be discontinued and that the defendants recover of the said plaintiff their costs and expenses in this behalf, sustained to be taxed. John Rankin vs. A. D. Helman and Eber Emery. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause, by their attorney, and the defendants in persons and consent that Judgment be rendered against the defendants for the sum of nine hundred and sixty dollars. Therefore, it is considered that the plaintiff recover of the defendants the said sum of nine hundred and sixty dollars with costs of suit to be taxed. Now at this day comes into Court the Grand Jury heretofore empaneled and through their foreman returned into Court five true bills for selling liquor without license, to wit: one against Charles Griffith, Martin Hoover, Samuel Hunt, Richard Moore, John McGuire. Also ten true bills for selling Intoxicating liquor on Sunday, to wit: one against Samuel Goodrich, Eber Emery, David M. Kenney, Frank Brown, Charles Casey, Anthony Little, D. C. Stephens, J. W. Buck, Thomas Holman, William Gardner and Jacob Broadwell, and also ten true bills for keeping open House on Sunday, to wit: one against Davis Evans, Anthony Little, J. W. Buck, George Crisbaum, Thomas Holman, J. B. Truchot, John Wintjen, Jacob Broadwell, William Gardner, David M. Kenney and W. W. Fowler, which bills were received and ordered to be filed. Thereupon the Grand Jury was discharged for the Term. Dennis Crawley vs. William Rockfellow. Action at law to recover money. Now at this day come the parties in the above Entitled cause by their respective counsel. Thereupon a Jury being called, come, to wit: Samuel Hall, E. V. Brown, Alexander Benjamin, James Louden, Walter R. Davies, Robert Mulligan, John Gibson, Froman Smith, William Taylor, D. T. Wiggins, J. J. Poole and C. Westfall, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue joined between the Parties and for verdict say that they find the issue in favor of the Plaintiff and assess his damages by reason of the premises at one hundred dollars. Therefore, it is considered that the said plaintiff recover of the defendant the said sum of one hundred dollars with costs of suit to be taxed. Thereupon, Court adjourned until tomorrow morning nine O'clock. November 10, 1854 November the tenth, A.D. 1854 Friday morning, nine O'clock Court met pursuant to adjournment. Present the same as yesterday. Territory of Oregon vs. Eber Emery. Indictment for selling liquor on Sunday. Now at this day comes into Court the attorney for the Territory and the defendant in person and the defendant waives an arraignment upon the Indictment, and for plea thereto says that he is guilty and the Court assess the fine against the defendant to ten dollars. Therefore it is considered that the Territory recover of the said defendant the said sum of ten dollars together with the costs of prosecution. Territory of Oregon vs. John Lewis. Indictment for selling liquor without a license. Now at this day comes into Court the attorney for the Territory and the defendant being brought into Court in proper person, the defendant waives an arraignment upon the indictment and for plea thereto says he is guilty, and the Court, being fully advised in the premises, assess a fine against the defendant of fifty dollars. Therefore it is considered that the Territory recover of the defendant the said sum of fifty dollars together with the costs of this prosecution to be taxed. Thereupon Court adjourned until tomorrow morning at nine O'clock. November 11, 1854 Saturday morning, nine O'clock November the Eleventh, A.D. 1854 Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. W. W. Fowler. Indictment for keeping open house on Sunday. Now at this day comes the attorney for the Territory and the defendant in person, and the defendant waives an arraignment upon the Indictment and for plea thereto says he is not guilty. Thereupon, a Jury being called comes, to wit: Adam Linn, A. D. Phillips, Samuel Hall, Hyman Fairchilds, George Holmes, A. J. Kane, A. G. Rockfellow, William N. Ballard, Isaac Frost, C. A. Phillips, A. Benjamin and D. Pleasant, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue joined between the parties, and for verdict say that the defendant is not guilty. Therefore, it is considered that the defendant go hence without day. Territory of Oregon vs. Anthony Little. Indictment for keeping open house on Sunday. Now at this day comes the Attorney for the Territory, and the defendant in person and by his counsel, and the defendant waives an arraignment upon the Indictment and for plea thereto says he is not guilty. Thereupon, a Jury being called, came, to wit: A. J. Kane, Hyman Fairchilds, William N. Ballard, O. D. Hoxie, Hiram Smith, A. Bethel, George Holmes, Samuel Hall, A. G. Rockfellow, Isaac Frost, H. Shock, Irwin L. Ross, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the Issue Joined between the parties, and for verdict say that they find the [defendant] guilty. Therefore, the Court, in consideration of the premises, assess a fine against [the defendant] of ten dollars. Therefore, it is considered that the Territory recover of the said defendant the said sum of ten dollars, together with the costs of this prosecution, to be taxed. Territory of Oregon vs. Daniel M. Kenney. Indictment for selling liquor on Sunday. Now at this day comes the attorney for the Territory, and the defendant in proper person and the defendant waives an arraignment upon the Indictment, and for plea thereto says he is guilty, and the Court, in consideration of the premises, assess a fine of ten dollars against the defendant. Therefore, it is considered that the Territory recover of the defendant the said sum of ten dollars together with the costs of this prosecution, to be taxed. Territory of Oregon vs. Jacob Broadwell. Indictment for selling liquor on Sunday. Now at this day comes the Attorney for the Territory and the defendant in proper person and the defendant waives an arraignment upon the indictment and for plea thereto says he is guilty, and the Court, in consideration of the premises, assess a fine against the defendant of ten dollars. Therefore, it is considered that the Territory recover of the defendant the said sum of ten dollars, together with the costs of this prosecution, to be taxed. Territory of Oregon vs. William Gardner. Indictment for selling liquor on Sunday. Now at this day comes the attorney for the Territory, and the defendant in person and the defendant waives an arraignment upon the Indictment and for plea thereto says he is guilty, and the Court, in consideration of the premises, assess a fine against the defendant of ten dollars. Therefore, it is considered that the Territory recover of said defendant the said sum of ten dollars, together with the costs of this prosecution, to be taxed. Territory of Oregon vs. Daniel M. Kenney. Indictment for keeping open house on Sunday. Now at this day comes the attorney for the Territory and the defendant in proper person and the defendant waives an arraignment upon the indictment, and for plea thereto says he is guilty, and the Court, in consideration of the premises, assess a fine against the defendant of ten dollars. Therefore, it is considered that the Territory recover of the defendant the said sum of ten dollars, together with the Costs of this prosecution, to be taxed. Territory of Oregon vs. Jacob Broadwell. Indictment for keeping open House on Sunday. Now at this day comes the attorney for the Territory and the defendant in proper person and the defendant waives an arraignment upon the Indictment and for plea thereto says he is guilty, and the Court, in consideration of the premises, assess a fine of ten dollars against the defendant. Therefore, it is considered that the Territory recover of the defendant the said sum of ten dollars, together with the costs of this prosecution, to be taxed. Territory of Oregon vs. William Gardner. Indictment for keeping open house on Sunday. Now at this day comes the attorney for the Territory, and the defendant in person, and the defendant waives an arraignment upon the indictment and for plea thereto says he is guilty and the Court, in consideration of the premises, assess a fine of ten dollars against the defendant. Therefore, it is considered that the Territory recover of the said defendant the said sum of ten dollars, together with the costs of this prosecution, to be taxed. Territory of Oregon vs. Charles Griffiths. Indictment for selling liquor without a license. Now at this day comes the attorney for the Territory and the defendant in proper person and the defendant waives an arraignment upon the Indictment, and for plea thereto says he is guilty and in consideration of the premises, the Court assess a fine of ten dollars against the defendant. Therefore, it is considered that the Territory recover of the said defendant the said sum of ten dollars together with the costs of this prosecution, to be taxed. Thereupon Court adjourned until Monday morning, nine O'clock. November 13, 1854 Monday morning, nine O'clock November the thirteenth A.D. 1854 Court met pursuant to adjournment. Present the same as heretofore. Territory of Oregon vs. Martin Hoover. Indictment for selling liquor without a license. Now at this day comes the attorney on behalf of the Territory in the above Entitled cause and the defendant in person and by attorney, and the defendant for plea to the Indictment heretofore found against him says he is guilty and the Court, in consideration of the premises, assess a fine against said defendant of fifty dollars. Therefore, it is considered that the Territory recover of the defendant the said sum of fifty dollars, together with the Costs of this prosecution, to be taxed. Territory of Oregon vs. J. George Crisbaum. Indictment for keeping open house on Sunday. Now at this day comes the attorney for the Territory and the defendant in person and by his attorney, and the defendant for plea to the Indictment heretofore found against him says he is not guilty. Thereupon a Jury being called, came, to wit: Albert Bethel, A. J. Kane and William N. Ballard, three good and lawful men of the County, who by consent of the parties in open Court constituted a Jury and were duly empaneled and sworn the truth to speak upon the issue Joined between the parties, and the said Jury for verdict say that the defendant is not guilty. Therefore, it is considered by the Court that the said defendant be discharged from custody and that he go hence without day. = Territory of Oregon vs. Thomas Holman. Indictment for keeping open House on Sunday. Now at this day comes the attorney for the Territory and the defendant in person, who for plea to the indictment heretofore found against him says he is guilty and the Court, in consideration of the premises, assess the fine against the defendant to the sum of ten dollars. Therefore, it is considered that the Territory recover of the defendant the said sum of ten dollars, together with the costs of this prosecution. Territory of Oregon vs. Charles Casey. Indictment for keeping open house on Sunday. Now at this day comes the attorney for the Territory and the defendant in proper person, who for plea to the Indictment heretofore found against him says he is guilty and the Court, in consideration of the premises, assess a fine against the defendant of ten dollars. Therefore it is considered that the Territory recover of the said defendant the said sum of ten dollars, together with the costs of this prosecution. Territory of Oregon vs. J. W. Buck. Indictment for keeping open house on Sunday. Now at this day comes the attorney for the Territory and the defendant in proper person, who for plea to the Indictment heretofore found against him says he is guilty and the Court, in consideration of the premises, assess the fine against the Defendant to the sum of ten dollars. Therefore it is considered that the Territory recover of the said defendant the sum of ten dollars together with the costs of this prosecution. Territory of Oregon vs. John Wintjen. Indictment for keeping open house on Sunday. Now at this day comes the attorney for the Territory and the defendant in person, and the defendant for plea to the indictment heretofore found against him says he is guilty, and the Court in consideration of the premises assess a fine against him of ten dollars. Therefore, it is considered that the Territory recover of said defendant the said sum of ten dollars together with the costs of this prosecution. Territory of Oregon vs. J. B. Truchot. Indictment for keeping open house on Sunday. Now at this day come the attorney for the Territory and the defendant in person, and the defendant for plea to the indictment heretofore found against him says he is guilty. Therefore, the Court, in consideration of the premises, assess a fine against the defendant of ten dollars. Therefore, it is considered that the Territory recover of the said defendant the said sum of ten dollars together with the costs of this prosecution. Territory of Oregon vs. Thomas Holman. Indictment for selling liquor on Sunday. Now at this day comes the attorney on behalf of the Territory in the above Entitled cause, and the defendant in proper person, and the defendant for plea to the Indictment heretofore found against him says he is guilty, and the Court, in consideration of the premises, assess the fine against said defendant to the sum of ten dollars. Therefore, it is considered that the Territory recover of said defendant the said sum of ten dollars, together with the costs of this prosecution. Territory of Oregon vs. J. W. Buck. Indictment for selling liquor on Sunday. Now at this day comes the attorney on behalf of the Territory and the defendant in person, and the defendant for plea to the indictment heretofore found against him says he is guilty and the Court, in consideration of the premises, assess a fine against said defendant of ten dollars. Therefore, it is considered that the Territory recover of said defendant the said sum of ten dollars, Together with the costs of this prosecution. Territory of Oregon vs. Anthony Little. Indictment for selling liquor on Sunday. Now at this day comes the attorney on behalf of the Territory and the defendant in proper person, and the defendant for plea to the indictment heretofore found against him says he is guilty and the Court, in consideration of the Premises assess the fine against the defendant to the sum of ten dollars. Therefore, it is considered that the Territory recover of said defendant the said sum of ten dollars, together with the costs of this prosecution. Territory of Oregon vs. Frank Brown. Indictment for selling liquor on Sunday. Now at this day comes the attorney on behalf of the Territory and the defendant in person, and the defendant for plea to the indictment heretofore found against him says he is guilty, and the Court, in consideration of the premises, assess the fine against the defendant to the sum of ten dollars. Therefore, it is considered that the Territory recover of the said defendant, the said sum of ten dollars, together with the costs of this prosecution. Territory of Oregon vs. D. C. Stephens. Indictment for selling liquor on Sunday. Now at this day comes the attorney on behalf of the Territory and the defendant in person, and the defendant for plea to the Indictment heretofore found against him says he is guilty, and the Court, in consideration of the premises, assess the fine against him to the sum of ten dollars. Therefore, it is considered that the Territory recover of said defendant the said sum of ten dollars, together with the costs of this prosecution. Territory of Oregon excel [sic] M. G. Kennedy vs. Thomas Pyle. Action at law for usurping an office. Now at this day comes the parties in the above entitled cause by their respective attorneys, and by stipulation on file, agree that the matter of fact contained in said stipulation shall stand in place of and be considered in the nature of a special verdict found upon the issue heretofore Joined between the parties. Therefore, it is considered that the cause be adjourned into the Supreme Court for the determination of the questions of law arising upon said special verdict. Whereupon Court adjourned until tomorrow morning, nine O'clock. November 14, 1854 Tuesday morning, nine O'clock November 14th 1854 Court met pursuant to adjournment. Present same as yesterday. Now at this day comes Hiram Culver, Esq., and shows to the Court that he has been admitted to the bar of a Court of record in the State of Ohio. Thereupon, the said Culver was admitted as an attorney of record in this Court and took the oath of office. Ordered that the Court pay James Jeremiah, James McDonough and Michael Brenan each twenty-four dollars for six days services each as bailiffs during the regular August Term of this Court for the year A.D. 1854. Ordered that the United States Marshal pay James McDonough, Lycurgus Jackson and Michael Brenan each the sum of thirty-two dollars for eight days' services each as bailiffs during the present Term of this Court. Minutes of the Court read and approved. Thereupon Court adjourned without day. January 26, 1855 District Court, Jackson County In vacation Giles Kenney vs. Clinton Barney. Judgment by confession. January the twenty-sixth, A.D. Eighteen hundred and fifty five. The above named Clinton Barney, the defendant in this cause, having confessed a judgment to the above named Giles Kenney, the plaintiff, in the sum of Two hundred and thirty-five dollars, it is hereby adjudged that the said Giles Kenney recover of the said Clinton Barney the said sum of Two hundred and thirty-five dollars, together with five dollars costs. Given under my hand this 26th day of January, A.D. Eighteen hundred and fifty-five. S.
H. Taylor, Clerk, District Court, Jackson County
April 23, 1855 M. G. Kennedy vs. J. B. Sprenger & Thomas Pyle. District Court, Jackson County, in vacation. Judgment by confession, April the twenty-third, Eighteen hundred and fifty-five. The above named Thomas Pyle, one of the defendants in this cause, having confessed a Judgment to the above named M. G. Kennedy, the plaintiff, in the sum of three hundred and fifty-Eight and seventy-five cents as owing from the said J. B. Sprenger and Thomas Pyle, It is hereby adjudged that the said M. G. Kennedy recover of the said Thomas Pyle and J. B. Sprenger the said Sum of three hundred and fifty-Eight dollars and Seventy-five cents, together with five dollars costs. Given under my hand this twenty-third day of April, A.D. Eighteen hundred and fifty-five. S.
H. Taylor, Clerk, District Court, Jackson County, Oregon
Territory
May 7, 1855 Be it remembered that at a District Court of the United States in and for the County of Jackson and Territory of Oregon, begun and held in the Town of Jacksonville, in the County and Territory aforesaid, on Monday, the Seventh day of May, A.D. Eighteen hundred and fifty-five, At which were present: The
Hon. M. P. Deady, Judge
Joseph W. Drew, Esq., Deputy U.S. Marshal P. P. Prim, Esq., Attorney for the Territory Thomas Pyle, Esq., Sheriff S. H. Taylor, Esq., Clerk The following proceedings were had, to wit: Now at this day come John S. Herrin, Honicle Bellinger, Alex M. Berry, N. B. Evans, J. H. Blake, Willard Spencer, Enoch F. Walker, Chauncey Nye, Jordan Ashmead, Milton Lindley, David Clinton, James P. Tuft, Lewis H. Zigler, Thomas S. Harris, William Thompson, Mathew G. Kennedy, George H. C. Taylor & Silas J. Day, in all Eighteen in number, good and lawful men of the County and of the panel of Grand Jurors who, after the appointment of Chauncey Nye as foreman, were duly empaneled, charged and sworn as a Grand Jury as well on the part of the United States as the Territory of Oregon and then retired to consider of their presentments. Ordered that Summons be issued by the Clerk, commanding Jacob Gall and George Long to appear and show cause at the next Term of this Court why they should not be fined for contempt in not appearing as trial Jurors at this Court. Territory of Oregon vs. Captain Mitchell. Indictment for murder. Now at this day comes the prosecuting attorney on behalf of the Territory and moves the Court for leave to Enter a Nolle Prosequi in the above Entitled cause. Thereupon it is ordered that the motion be and is hereby allowed. Territory of Oregon vs. Jacob Dodson. Indictment for Murder. Now at this day comes the Prosecuting Attorney on behalf of the Territory in the above Entitled cause and moves the Court for leave to Enter a Nolle Prosequi. Thereupon it is ordered that the motion be and is hereby allowed. Territory of Oregon vs. [blank] Rouse. Indictment for Murder. Now at this day comes the Prosecuting Attorney on behalf of the Territory in the above Entitled cause and moves the Court for leave to Enter a Nolle Prosequi. Thereupon it is ordered that said Motion be and is hereby allowed. Territory of Oregon vs. Samuel Hart. Indictment for selling liquor without license. Now at this day comes the Prosecuting Attorney on behalf of the Territory in the above Entitled cause and the defendant in person and the said defendant for plea to the indictment heretofore found against him says he is guilty in manner and form as charged in said indictment, and the Court, in consideration of the premises, assess the fine against the defendant at the sum of Fifty dollars. Therefore, it is considered that the Territory have and recover of the said Defendant the said sum of Fifty dollars, together with the costs of this prosecution to be taxed. Territory of Oregon vs. John McGuire. Indictment for selling liquor without license. Now at this day comes the prosecuting attorney on behalf of the Territory in the above Entitled cause and the defendant by T. McF. Patton, Esq., his attorney, and for plea to the indictment heretofore found against him says he is guilty in manner and form as charged in said indictment, and the Court, in consideration of the premises, assess the fine against the defendant at the sum of Fifty dollars. Therefore, it is considered that the Territory recover of the said defendant the said sum of Fifty dollars, together with the costs of this prosecution to be taxed. Territory of Oregon vs. Davis Evans. Indictment for keeping open House on Sunday. Now at this day comes the Prosecuting attorney on behalf of the Territory in the above Entitled cause and the defendant in proper person and the defendant for plea to the indictment heretofore found against him says he is not guilty. Thereupon a Jury being called come, to wit, Washington French, Woodford L. Hurst, Madison B. Morris, Thomas Arundell, Asa G. Fordyce, John Rankin, Robert Hargadine, Samuel Lowe, Ashman J. Butler, Isaac Constant, David Linn and Ebenezer Pinkham, twelve good and lawful men of the County, who were duly empaneled and sworn the truth to speak upon the issue Joined between the parties and the Jury for verdict, say that the defendant is not guilty. Therefore it is considered that the defendant go hence without day. Territory of Oregon vs. James Vannoy. Indictment for selling liquor without license. Now at this day comes the attorney on behalf of the Territory in the above Entitled cause, and the defendant in proper person and the defendant for plea to the Indictment heretofore found against him says he is not guilty. Thereupon, a Jury being called, come, to wit: Waldo Jewett, John Pardee, O. D. Hoxie, Theodric Cameron, Jesse Poole and John F. Miller, six good and lawful men of the County, who by consent of the parties were duly empaneled and sworn the truth to speak upon the issue Joined between the parties, and the Jury for verdict say that the defendant is guilty and the Court, in consideration of the premises, assess the fine at Fifty dollars. Therefore, it is considered that the Territory have and recover of the said defendant the said sum of Fifty dollars, together with the costs of this prosecution. Territory of Oregon vs. Richard Moore. Indictment for selling liquor without license. Now at this day comes the Attorney on behalf of the Territory in the above Entitled cause and moves the court for leave to enter a Nolle Prosequi. Thereupon it is ordered that said motion be and is hereby allowed. Territory of Oregon vs. Thomas J. Binns. Indictment for murder. Now at this day comes the Attorney on behalf of the Territory in the above Entitled cause and moves the Court for leave to enter a Nolle Prosequi. Thereupon it is ordered that said motion be and is hereby allowed. Territory of Oregon vs. James Bruce. Summons to show cause for failing to attend as a Juror. And now at this day appeared in proper person the said Bruce, and after hearing said Bruce touching his default to attend as a Juror at the last Term of Court, It is ordered that said Bruce be discharged from further proceedings in this behalf upon the payment of costs to be taxed. Territory of Oregon vs. M. W. Masterson. Summons to show cause for failing to attend as a Juror. And now at this day comes the Attorney for the Territory and moves the Court for leave to Enter a Nolle prosequi in the above Entitled cause. Therefore it it ordered that said motion be and is hereby allowed. Territory of Oregon vs. James Vannoy. Summons to show cause for failing to attend as a Juror. And now at this day comes the said Vannoy in proper person and after having heard said Vannoy touching his default to attend as a Juror at the last Term of this Court, It is ordered that said Vannoy be discharged from all further proceedings in this behalf. Territory of Oregon vs. Samuel Goodrich. Indictment for selling liquor on Sunday. And now at this day comes the Attorney in behalf of the Territory and moves the Court for leave to enter a Nolle Prosequi in the above Entitled cause. Thereupon, it is ordered that said motion be and is hereby allowed. Territory of Oregon vs. Hugh F. Barron. Indictment for selling liquor without license. And now at this day comes the attorney on behalf of the Territory and moves the Court for leave to Enter a Nolle Prosequi in the above Entitled cause. Therefore, it is ordered that said motion be and is hereby allowed. Horace C. Peck and E. N. Loomis vs. Davis Evans. Action at law to recover Money. And now at this day comes the plaintiffs in the above Entitled cause by Brenan and Prim, their attorneys, and move the court to discontinue the said cause. Therefore, it is considered that said cause be discontinued and that the defendant recover of the said plaintiffs his costs and Expenses in this behalf sustained to be taxed. Jacob Solomon vs. John Burns. Action at law to recover money. Now at this day come the parties in the above Entitled cause, by their respective attorneys, and consent that this cause be continued until the next Term of this Court. Ordered that this cause be continued until the next Term of this Court with costs to abide the Event of the Suit. And it appearing to the Court from the affidavit of the Plaintiff, that the defendant is not a resident of the Territory, but has property therein, It is ordered that service be made upon the defendant by publication of a Summons in the Oregon Statesman once a week for three months. James F. Kennedy vs. A. Davis and [blank] Bowen. Action at law to recover money. And now at this day comes the plaintiff in the above Entitled cause by his attorney and moves the court to discontinue the said cause. Therefore, it is considered that said cause be discontinued and that the defendants recover of the plaintiffs their costs of suit. Thomas L. Turner vs. Wm. G. T'Vault. Action at law to recover money. And now at this day comes the parties in the above Entitled cause by their respective attorneys, and the defendant moves the Court that the said cause be continued to the next Term of this Court with leave for the defendant to plead at that time, and the Plaintiff consenting thereto, Therefore it is considered that the said cause be continued until the next Term of this Court and that the said defendant have leave to plead at that time. Daniel M. Kenney, Gideon Kerr vs. John Engleman, Wm. Thompson. Action at law to recover money. Now at this day come the parties in the above Entitled cause by their respective attorneys, and on motion of plaintiffs' attorney Judgment is rendered against the defendants for want of an answer to the plaintiffs' complaint. Therefore, it is considered by the Court that the plaintiffs recover of the defendants the sum of One hundred and sixty-eight dollars and ninety-nine cents, together with the costs of suit to be taxed. Joseph B. Williams vs. Charles S. Drew. Action at law to recover money. Now at this day come the parties in the above Entitled cause by their respective attorneys, and on motion of plaintiff's attorney Judgment is rendered against the defendant for want of an answer to the plaintiff's complaint. Therefore, it is considered by the Court that the plaintiff recover of the Defendant the sum of Eleven hundred and twenty-one dollars and sixty-six cents, together with his costs and Expenses of suit. Thomas H. Clark vs. John Potter and Felix O'Neal. Action at law to recover money. Now at this day come the parties in the above Entitled cause by their respective attorneys, and on motion of the plaintiff's attorney, Judgment is rendered against the defendants for want of an answer to the plaintiff's complaint. Therefore, it is considered by the Court that the Plaintiff recover of the defendants the sum of Two hundred and Fifty-Eight dollars and seventy-five cents, together with the costs of suit to be taxed. Antonia Guerrero vs. Lorenzo Messa. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his attorney and consents that this cause shall be dismissed at the costs of the plaintiff. Therefore, it is considered that the defendant recover of the plaintiff his costs in this behalf sustained to be taxed. George W. Brooks, George Livingston vs. Sylvester Saltmarsh, Reuben Saltmarsh. Motion to confirm an award. Whereas on the fifteenth day of January, A.D. Eighteen hundred and fifty-five, the plaintiffs and defendants in the above Entitled cause, by written agreement submitted to the arbitration and determination of James W. Buck, Samuel Brinton, Joshua Warren, J. P. Burns, A. D. Meacham and J. R. Spencer, the right of possession of a mining claim Situated in the Saltmarsh Gulch and adjoining Webb's claim, and whereas afterwards said arbitrators, in pursuance of said agreement of submission, awarded the possession of said mining claim to the defendants, and delivered said award to the Clerk of this Court, Now at this day comes the defendants by their attorney and move that Judgment be entered upon said award for the defendants. Therefore it is considered that the defendants have and recover of the plaintiffs the possession of said mining claim. A. D. Phillips vs. J. J. Cozart. Motion to confirm an award. Whereas on the twenty-eighth day of December, A.D. Eighteen hundred and fifty-four, the plaintiff and defendants in the above entitled cause, by written agreement, Submitted to the arbitration and determination of John F. Miller and David Clinton, all demands and matters in controversy between them, and whereas said arbitrators, in pursuance of said agreement of submission awarded that the said Cozart should take the South part of the Land claim known as the Cozart and Phillips claim, that the line of partition shall commence at the East line of said claim and run thence due west to the West line of said that said Phillips should take that part of said Claim lying North of said partition line and that said defendant pay to said plaintiff the sum of fifty-five dollars and forty-two cents. Therefore, it is considered that said plaintiff recover of said defendant the said sum of fifty-five dollars and forty-two cents and further that said partition line between the said plaintiff and defendant be and is hereby confirmed and established. Lewis Antonneth vs. Eugene Lieders. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his attorney and consents that this cause shall be dismissed at the costs of the plaintiff. Therefore, it is considered that the defendant recover of the said plaintiff his costs in this behalf sustained to be taxed. Isaac Miller vs. Benjamin Armstrong. Action at law to recover money. Now at this day come the parties in the above Entitled cause by their respective attorneys and the plaintiff moves the Court that the said cause be continued to the next Term of said Court. Therefore, it is considered that said cause be continued to the next Term of this Court. Mathew G. Kennedy vs. W. B. Alexander. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys and on motion of the plaintiff's attorney, Judgment is rendered against the defendant for want of an answer to the plaintiff's complaint. Therefore, it is considered by the Court that the plaintiff recover of the Defendant the sum of One hundred and ninety dollars and ninety-three cents together with the costs of suit. H. H. Seybert vs. Thomas Banning. Action at law to recover property. Now at this day come the parties in the above Entitled cause by their respective attorneys. Thereupon, a Jury being called came, to wit: Thomas Arundell, Washington French, Isaac Constant, M. B. Morris, John Pardee, Samuel Lowe, Ebenezer Pinkham, Robert Hargadine, John Rankin, Asa G. Fordyce and Woodford L. Hurst, Eleven good and lawful men of the County, who by consent of the parties were duly empaneled and sworn the truth to speak upon the issue joined between the parties, and the Jury for verdict say that they find the issue for the defendant. Therefore, it is considered by the Court that the said defendant recover of the plaintiff his costs in this behalf sustained and have restitution of the property mentioned in the complaint. A. Stewart vs. John Todhunter, W. L. Vance. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by his attorney and moves the Court that Judgment be rendered against the defendant for want of an answer to the plaintiff's complaint. Therefore, it is considered by the Court that the plaintiff recover of the defendant the sum of two hundred and Twenty-nine dollars and thirty-two cents together with the costs of suit to be taxed. T. Smiley Harris vs. Adam Linn and M. G. Kennedy. Action at law to recover money. Now at this day comes the parties in the above Entitled cause by their respective attorneys, and the plaintiff moves the Court that the cause be dismissed at the costs of the defendant and the defendant consenting thereto. Therefore, it is considered that this cause be dismissed and that the plaintiff recover of the defendant his costs of suit to be taxed. Joseph Wilkins vs. William M. Sells. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his attorney and moves the Court to dismiss the cause at the costs of the plaintiff. Therefore, it is considered that this cause be dismissed at the costs of the plaintiff. William Weaver vs. C. E. Alexander, C. S. Drew, Thomas H. Clark, John Ghein. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his attorney and moves the Court that Judgment be rendered against the defendants for want of an answer to the plaintiff's complaint. Therefore, it is considered that the plaintiff recover of C. E. Alexander and C. S. Drew--Two of the defendants--the sum of six hundred and thirty-six dollars and sixty-six cents, together with the costs of suit to be taxed. Hiram Abbott vs. William King. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his attorney and moves the Court that Judgment be rendered against the defendant for want of an answer to the plaintiff's complaint. Therefore, it is considered by the Court that the plaintiff recover of the defendant the sum of One hundred and Forty dollars and Fifty cents, together with his costs of Suit to be taxed. George A. Pease vs. Timoleon Love. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his Attorney and moves the Court that Judgment be rendered against the defendant for want of an answer to the said Plaintiff's complaint. Therefore, it is considered by the Court that the plaintiff recover of the defendant the sum of Fourteen hundred and ninety-Two dollars and seventy-five cents, together with the costs of suit to be taxed. Jesse Robinson vs. D. C. Stevens. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his attorney and it appearing to the Court from the affidavit of the plaintiff that the defendant is a non-resident of this Territory but has property therein, It is ordered that service be made upon the defendant by publication of a summons in the Yreka Herald once a week for not less than Three months and that this cause be continued until the next Term of this Court. Thomas Lawson vs. George Anderson. Action at law to recover money. Now at this day come the parties in the above Entitled cause by their respective [attorneys] and the defendant moves the Court that this cause be continued to the next Term of this Court and the said plaintiff consenting thereto, Therefore it is ordered that this cause be continued until the next Term of this Court. E. T. Stone vs. E. K. Anderson, J. F. Anderson. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his attorney and moves the Court to dismiss this cause. Therefore, it is considered that this cause be discontinued at the plaintiff's costs. M. C. Barkwell vs. Dennis McFeely. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his attorney and moves the Court that this cause be discontinued. Therefore, it is considered that this cause be discontinued at the costs of the plaintiff. Thomas Wright, T. S. Harris vs. S. S. Wilson, Wm. Mitchell. Action at law to recover money. Now at this day comes the plaintiffs in the above Entitled cause by their attorneys and move the Court that this cause be discontinued. Therefore, it is considered that this cause be discontinued at the costs of plaintiffs. William Bybee vs. John F. Linder. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his attorney and move the Court that this cause be discontinued. Thereupon, it is considered that this cause be discontinued at the costs of the plaintiff. James C. Tolman vs. Samuel S. Wilson. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his attorney and moves the Court that this cause be discontinued. Therefore, it is considered that this cause be discontinued at the costs of the plaintiff. Jacob Solomon vs. Jason Braman. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his attorney and moves the Court that this cause be discontinued. Therefore, it is considered that this cause be discontinued at the costs of the plaintiff. John O. Green vs. M. Patterson, John Potter. Action at law to recover money. Now at this day come the parties in the above Entitled cause by their respective attorneys and the plaintiff moves the Court that Judgment be rendered against the defendants for want of an answer to the plaintiff's complaint. Therefore, it is considered by the Court that the plaintiff recover of the defendants the sum of One hundred and fifty dollars with his costs in this cause to be taxed. Thereupon Court adjourned to Tuesday morning, May the Eighth nine O'clock. May 8, 1855 May the Eighth, Eighteen hundred and fifty-five, nine O'clock A.M. Court met pursuant to adjournment. Present same as yesterday. William Newhouse vs. Abel D. Helman, Jacob Emery, M. B. Morris. Action at law to recover money. Now at this day comes the parties in the above entitled cause by their respective attorneys and move the Court that this cause be dismissed at the costs of the plaintiff. Therefore, it is considered that this cause be dismissed at the costs of the plaintiff. John Mann vs. Champaign Collier, John McDaniel, John L. Badger. Action at law to recover money. Now at this day come the parties in the above Entitled cause by their respective attorneys, and a Jury being called, came, to wit: Asa Fordyce, John Rankin, Washington French, Robert Hargadine, David Linn, Isaac Constant, M. B. Morris, Woodford L. Hurst, Samuel Lowe, Thomas Arundell, Ebenezer Pinkham and John Pardee, Twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue heretofore Joined between the parties, and the Jury for verdict say that they find the issue for the plaintiff and assess his damages at the sum of One hundred dollars and fifty cents. Therefore, it is considered that the plaintiff have and recover of the said defendants the said sum of One hundred dollars and fifty cents and the costs of suit to be taxed. J. J. Friedman vs. John Coakley. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys and a Jury being called, came, to wit: John L. Badger, Samuel R. Taylor, Thomas Smith, John Anderson, Waldo Jewett and A. J. Butler, six good and lawful men of the County who by consent of the parties were duly empaneled and sworn the truth to Speak upon the issue Joined heretofore Joined between the parties and the Jury for verdict say that they find the issue for the defendant. Then comes the plaintiff and moves the Court to set aside the verdict, which motion is allowed and the cause is continued at the costs of the plaintiff to be taxed. John Cimborsky vs. Jacob Brunner. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys and a Jury being called, came, to wit: Asa Fordyce, Robert Hargadine, M. B. Morris, Woodford L. Hurst, Isaac Constant and John Rankin, six good and lawful men of the County who by consent of the parties, were duly empaneled and sworn the truth to speak upon the issue joined between the parties, and the Jury for verdict say that they find the issue for the defendant and assess his damages in this behalf sustained at the sum of Eighteen dollars. Therefore, it is considered that the defendant recover of the said plaintiff the said sum of Eighteen dollars and his costs of suit to be taxed. And now at this day comes into Court the Grand Jury heretofore empaneled and through their Foreman returned into Court a true Bill against George Livingston for an assault with intent to Kill and one not a true bill against John D. Mason for assault with intent to Kill and a Bench Warrant was ordered to issue for arrest of the said George Livingston. George Spain vs. Felix O'Neal. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his attorney and moves the Court that Judgment be rendered against the defendant for want of an answer to the plaintiff's complaint. Therefore, it is considered that the plaintiff recover of the defendant the sum of One hundred and sixty-seven dollars and his costs in this behalf sustained to be taxed. Thereupon Court adjourned to Wednesday, May ninth, nine O'clock A.M. May 9, 1855 Wednesday Morning, nine O'clock A.M., May the ninth, A.D. Eighteen hundred and fifty-five. Court met pursuant to adjournment. Present same as yesterday. And now at this day comes into Court the Grand Jury heretofore empaneled and through their foreman return into Court two true bills. One against Horace L. Ish for assault with intent to kill and one against John Miller for assault with intent to Kill. Thereupon it is ordered that Bench Warrants Issue for the arrest of the Several defendants mentioned therein. Territory of Oregon vs. George Livingston. Indictment for assault with intent to kill. Now at this day comes the Attorney on behalf of the Territory in the above Entitled cause and the defendant in person and by his attorney, and the defendant for plea to the indictment heretofore found against him says he is not guilty and moves the Court that this cause be continued until the next Term of this Court upon affidavit filed. Thereupon it is considered that this cause be continued to the next Term of this Court and the defendant let to bail in the sum of One thousand dollars with approved sureties. Territory of Oregon vs. Horace L. Ish. Indictment for assault with intent to kill. Now at this day comes the Attorney on behalf of the Territory in the above Entitled cause and the defendant in proper person and by his attorney, and for answer to the indictment heretofore found against him says he is not guilty and moves the Court that this cause be continued to the next Term of this Court. Thereupon, it is considered by the Court that this cause be continued to the next Term of said Court. Thereupon comes James Clugage, Thomas S. Harris, Benjamin Davis and William K. Ish and jointly and Severally acknowledge themselves indebted to the Territory of Oregon in the sum of Five thousand dollars upon the condition that if the said defendant shall be and appear at the next Term of this [Court] to answer the indictment heretofore found against him, then this obligation to be void, otherwise to remain in full force. Then comes Francis Ball, Samuel Lowe, Irvin Smith, Hiram Culver, O. D. Hoxie and S. H. Taylor, witnesses on behalf of the Territory in the above Entitled cause and Severally acknowledge themselves indebted to the Territory of Oregon in the Sum of Two hundred dollars upon this condition that if Each of the said witnesses shall be and appear at the next Term of said Court to testify in said cause, then this obligation to be void, otherwise to remain and be in full force and Effect. Thereupon Court adjourned to Thursday, May ninth [sic], A.D. Eighteen hundred and fifty-five at nine O'clock A.M. May 10, 1855 Thursday Morning, May ninth [sic] A.D. Eighteen hundred and fifty-five. Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. John Miller. Indictment for assault with intent to kill. Now at this day comes the Attorney on behalf of the Territory in the above Entitled cause and the defendant in proper person and the Court at the request of the defendant, assign him counsel for his defense and the defendant waives an arraignment and for plea to the indictment says he is not guilty. Thereupon comes a Jury, to wit: Sanford Palmer, Thomas Smith, John Pardee, Waldo Jewett, Thomas Arundell, Robert Hargadine, Samuel Lowe, Ebenezer Pinkham, W. L. Hurst, David Linn, John Rankin and Isaac Constant, twelve good and lawful men of the County, who were duly empaneled and sworn to well and truly try the issue Joined according to the Evidence. Thereupon the Jury, after hearing the Proofs and allegations of the parties and the charge of the Court, say that they find the defendant guilty in manner and form as charged in said indictment. O. D. Hoxie vs. C. S. Drew. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by his attorney and moves the Court that Judgment be rendered against the defendant for want of an answer to the plaintiff's complaint. Therefore, it is considered by the Court that the plaintiff recover of the defendant the sum of One hundred and Fifty-four dollars and seventy-five cents, together with the costs and expenses in this behalf sustained to be taxed. William K. Ish, Horace L. Ish vs. Addison Ball. Action at law to recover money. Now at this day comes the Plaintiffs in the above Entitled cause by their attorneys and the defendant by his attorney, and say they are ready for Trial. Thereupon come a Jury, to wit: John Rankin, Ebenezer Pinkham, Samuel Lowe, Isaac Constant, Robert Hargadine, John Pardee, Asa G. Fordyce, A. J. Butler, Waldo Jewett, David Linn, and Thomas Arundell, twelve good and lawful men of the County who were duly empaneled and sworn the truth upon the issue joined between the parties and the Jury, after hearing the proofs and allegations of the parties and the charge of the Court, for verdict say that they find the issue for the defendant. Therefore, it is considered that the defendant recover of the plaintiffs his costs and Expenses in this behalf sustained to be taxed. J. B. Wadsworth, J. R. Peters and R. J. Ladd vs. Richard Dugan, Frank Rogers, Robert Cram and A. E. Raines. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys and say they are ready for trial. Thereupon comes a Jury, to wit: Robert Hargadine, Samuel Lowe, Asa G. Fordyce, Ebenezer Pinkham, M. B. Morris, Thomas Smith, John Rankin, Thomas Arundell, A. J. Butler, W. L. Hurst, Isaac Constant and Washington French, twelve good and lawful men of the County who were duly empaneled and Sworn the truth to speak upon the issue Joined between the parties, and the Jury, after hearing the proofs and allegations of the parties and the charge of the Court, for verdict say they cannot agree and the Court, being satisfied that they cannot agree, it is considered that they be discharged from the further consideration of the said cause and that said cause be continued to the next Term of this court without prejudice to the parties and the costs to abide the event of the suit. Thereupon, the Court adjourned to Friday, May the tenth, A.D. Eighteen hundred and fifty-five at nine O'Clock A.M. May 11, 1855 Friday, May the tenth [sic], A.D. Eighteen hundred and fifty-five. Court met pursuant to adjournment. Present Same as yesterday. Now at this day comes into Court John J. Cook, a Native of England, and late a subject of Queen Victoria, and makes application to be admitted as a citizen of the United States, and it appearing to the Satisfaction of the Court that he had in all things complied with the provisions of the laws of the United States upon the subject of the naturalization of foreigners, and the said Cook having taken the oath of allegiance, it is considered that he be admitted to become a citizen of the United States. Thereupon, Court adjourned to Saturday Morning, May 12, A.D. Eighteen hundred and fifty-five, at nine O'clock A.M. May 12, 1855 Saturday, May the twelfth, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. John Miller. Indictment for assault with intent to kill. Now at this day comes into Court the defendant in the above Entitled cause, and in consideration of the premises, It is considered that he be sentenced to confinement at hard labor in the Penitentiary for the Term of two years and that the Territory of Oregon recover of him the costs and Expenses of this prosecution to be taxed. Thereupon the Court adjourned to Monday Morning, nine O'clock, May Fourteenth, A.D. Eighteen hundred and fifty-five. May 14, 1855 Monday, May the Fourteenth, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present same as yesterday. Now at this day comes into Court the Grand Jury heretofore empaneled and through their foreman return into Court thirteen true Bills, to wit: one against Benjamin F. Davis and R. F. Maury for Keeping open Store on Sunday, one against B. J. Burns and C. S. Wood for Keeping open Store on Sunday, against Morris Harris for Keeping open Store on Sunday, against Patrick J. Ryan for Keeping open Store on Sunday, against Bresler and A. Fisher for Keeping open Store on Sunday, against B. Levy and M. Levy for Keeping open Store on Sunday, against J. W. Stearns for Keeping open Store on Sunday, against Jacob Solomon and David Levenger for Keeping open Store on Sunday, against John Anderson for Keeping open Store on Sunday, against S. Ettlinger for Keeping open Store on Sunday and two against W. A. Wilkinson for Selling liquor on Sunday. Thereupon it is ordered that Warrants issue for the arrest of the defendants named therein. Territory of Oregon vs. S. Ettlinger. Indictment for Keeping open Store on Sunday. Now at this day comes the Attorney on behalf of the Territory in the above Entitled cause, and the defendant in proper person. And the defendant waives an arraignment upon the Indictment and for plea thereunto says he is guilty in manner and form as charged therein. Therefore, in consideration of the premises, the Court assess the fine against the defendant at the Sum of Ten dollars. Therefore, it is considered that the Territory recover of the said defendant the said sum of ten dollars together with the costs and Expenses of this prosecution to be taxed. Territory of Oregon vs. John Anderson. Indictment for Keeping open Store on Sunday. Now at this day comes the Attorney on behalf of the Territory in the above Entitled cause, and the defendant in proper person, and the defendant waives an arraignment upon the Indictment heretofore found against him, and for plea thereto says he is guilty in manner and form, as charged therein, and the Court, in consideration of the premises, assess the fine against the defendant at the Sum of ten dollars. Therefore, it is considered that the Territory recover of the said defendant the Said Sum of Ten dollars, together with the costs and expenses of this prosecution to be taxed. Territory of Oregon vs. Jacob Solomon, David Levenger. Indictment for Keeping open house on Sunday. Now at this day comes the Attorney on behalf of the Territory in the above Entitled cause, and the defendants in proper persons, and the defendants waive an arraignment on the indictment heretofore found against them, and for plea thereto say they are guilty in manner and form as charged therein and the Court, in consideration of the premises, assess the fine against the defendants to the sum of ten dollars. Therefore, it is considered that the Territory recover of the said defendants the said sum of ten dollars, together with the Costs and Expenses of this prosecution to be taxed. Territory of Oregon vs. J. W. Stearns. Indictment for Keeping open Store on Sunday. Now at this day comes the Attorney on behalf of the Territory in the above entitled cause and the defendant in person and the defendant waives an arraignment on the indictment heretofore found against him and for plea thereto says he is guilty in manner and form as charge therein, and the Court, in consideration of the premises, assess the fine against the defendant to the sum of Ten dollars. Therefore, it is considered that the Territory recover of the said defendant the said sum of ten dollars, together with the costs and Expenses of this prosecution to be taxed. Territory of Oregon vs. B. Levy & M. Levy. Indictment for Keeping open Store on Sunday. Now at this day comes the Attorney on behalf of the Territory in the above entitled cause and the defendants in proper persons, and the defendants waive an arraignment on the indictment heretofore found against them, and for plea thereto say they are guilty in manner and form as charged therein, and the Court, in consideration of the premises, assess the fine against said defendant at the Sum of Ten dollars. Therefore, it is considered that the Territory of Oregon recover of the defendant the said Sum of ten dollars together with the costs and Expenses of this prosecution to be taxed. Territory of Oregon vs. [blank] Bresler and A. Fisher. Indictment for Keeping open Store on Sunday. Now at this day comes the Attorney on behalf of the Territory in the above entitled cause and the defendants in proper persons, and the defendants waive an arraignment on the indictment heretofore found against them, and for plea thereto say they are guilty in manner and form, as charged in the indictment, and the Court, in consideration of the premises, assess the fine against the defendants to the Sum of ten dollars. Therefore, it is considered that the Territory recover of said defendants the said sum of ten dollars, together with the costs and Expenses of this prosecution to be taxed. Territory of Oregon vs. Patrick J. Ryan. Indictment for Keeping open Store on Sunday. Now at this day comes the plaintiff in the above Entitled cause by the Prosecuting attorney and the defendant in proper person, and the defendant waives arraignment on the indictment heretofore found against him, and for plea thereto says he is guilty in manner and form as charged in said Indictment, and the Court, in consideration of the premises, assess the fine against the defendant to the sum of ten dollars. Therefore, it is considered that the Territory recover of the defendant the said sum of ten dollars, together with the costs and expenses of this prosecution to be taxed. Territory of Oregon vs. Morris Harris. Indictment for Keeping open Store on Sunday. Now at this day comes the Attorney on behalf of the Territory in the above entitled cause, and the defendant in proper person, and the defendant waives an arraignment on the indictment heretofore found against him, and for plea thereto says that he is guilty in manner and form as charged in said indictment, and the Court, in consideration of the premises, assess the fine against the defendant to the sum of ten dollars. Therefore, it is considered that the Territory recover of Said defendant the said sum of ten dollars together with the costs of this prosecution to be taxed. Territory of Oregon vs. B. J. Burns and C. S. Wood. Indictment for Keeping open Store on Sunday. Now at this day comes the Attorney on behalf of the Territory in the above Entitled cause and the defendants in proper persons, and the defendants waive an arraignment on the indictment heretofore found against them, and for plea thereto say they are guilty in manner and form as charged in said indictment, and the Court, in consideration of the premises, assess the fine against the defendants at the sum of ten dollars. Therefore, it is considered that the Territory recover of the said defendants the said sum of ten dollars together with the costs of this prosecution to be taxed. Territory of Oregon vs. Benjamin F. Davis, R. F. Maury. Indictment for Keeping open Store on Sunday. Now at this day comes the Attorney on behalf of the Territory in the above entitled cause and the defendants in proper persons, and the defendants waive an arraignment on the indictment heretofore found against them, and for plea thereto say they are guilty in manner and form as charged in said indictment, and the Court, in consideration of the premises, assess the fine against the defendants to the sum of ten dollars. Therefore, it is considered that the Territory recover of the defendants the said Sum of ten dollars together with the costs and expenses of this prosecution to be taxed. Territory of Oregon vs. William Wilkinson. Indictment for selling Liquor on Sunday. Now at this day comes the Attorney on behalf of the Territory in the above entitled cause and the defendant in proper person, and the defendant waives an arraignment on the indictment heretofore found against him and for plea thereto says he is guilty in manner and form as charged in said indictment and the Court, in consideration of the premises, assess the fine against the defendant at the sum of ten dollars. Therefore, it is considered that the Territory recover of the said defendant the said Sum of ten dollars together with the costs and expenses of this prosecution to be taxed. Territory of Oregon vs. William Wilkinson. Indictment for selling Liquor on Sunday. Now at this day comes the Attorney on behalf of the Territory in the above entitled cause, and the defendant in proper person, and the defendant waives an arraignment on the indictment heretofore found against him, and for plea thereto, says he is guilty in manner and form, as charged in said indictment, and the Court, in consideration of the premises, assess the fine against the defendant to the sum of ten dollars. Therefore, it is considered that the Territory recover of the said defendant the said sum of ten dollars together with the costs and expenses of this prosecution to be taxed. Now at this day comes into court the Grand jury heretofore empaneled and through their foreman return into Court four true Bills, to wit: One against William Judd for selling Liquor to Indians, one against John Long for selling liquor to Indians, and two against Frank Brown for selling Liquor on Sunday. Therefore, it is ordered that bench warrants issue for the arrest of the Several defendants therein mentioned. Thereupon Court adjourned to Tuesday, nine O'clock A.M. May the Fifteenth, A.D. Eighteen hundred and Fifty-five. May 15, 1855 Tuesday Morning, May the Fifteenth, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. Frank Brown. Indictment for Selling Liquor on Sunday. Now at this day comes the Attorney on behalf of the Territory in the above Entitled cause and the defendant by his Attorney, and the defendant waives any arraignment on the Indictment heretofore found against him and for plea thereto says he is guilty in manner and form as charged in said indictment, and the Court, in consideration of the premises, assess the fine against the defendant at the sum of ten dollars. Therefore, it is considered that the Territory recover of the defendant the said Sum of ten dollars, together with the costs of this prosecution to be taxed. Territory of Oregon vs. Frank Brown. Indictment for selling Liquor on Sunday. Now at this day comes the Attorney on behalf of the Territory in the above entitled cause and the defendant by his attorney and the defendant waives an arraignment on the indictment heretofore found against him and for plea thereto says he is guilty in manner and form as charged in said indictment, and the Court, in consideration of the premises, assess the fine against the defendant to the sum of ten dollars. Therefore, it is considered that the Territory recover of the said defendant the said sum of ten dollars, together with the costs and Expenses of this prosecution to be taxed. Now at this day comes into Court the Grand Jury heretofore empaneled and through their foreman return into Court Two true bills, to wit: one against James Hamlin for assault with intent to Kill and one against William Norton for aiding and assisting in the escape of a prisoner. Thereupon, it is ordered that bench warrants issue for the arrest of the defendants named in said indictments. L. J. C. Duncan, et al. vs. William Cantrall et al. Certiorari. This cause came on to be heard upon the alleged errors to have been committed in the rendition of a Judgment before S. H. Taylor, a Justice of the Peace in and for Jackson County, and was argued by counsel, and the Court find that Error was committed in the trial of said cause, whereupon it is ordered that said Judgment be reversed and that the plaintiffs in certiorari recover of the defendants in certiorari their costs in this behalf sustained to be taxed. And it appearing to the Court by the return of the Justice, that the sum of One hundred and sixty dollars had been collected upon the Judgment of the Said Justice, it is considered that the defendants make restitution of the said sum of One hundred and sixty dollars to the plaintiffs. In the cause of the Territory of Oregon vs. Joseph McGee for assault with intent to Kill. Ordered that the bail be fixed at two thousand dollars. Indictment against William Norton for aiding in the escape of a prisoner. Ordered that the bail be fixed at two thousand dollars. Indictment against James Hamlin for assault with intent to murder. Ordered that the bail be fixed at two thousand dollars. Indictment against George Long for selling Liquor to Indians and Indictment against William Judd for selling Liquor to Indians. Ordered that the bail be fixed at the sum of Eight hundred dollars. Indictment against John S. Thompson for assault with intent to murder. Ordered that the bail be fixed at two thousand dollars. Territory of Oregon vs. M. Levy. Indictment for Keeping open Store on Sunday. Now at this day comes the Attorney on behalf of the Territory in the above entitled cause and the defendant in person, and the defendant waives an arraignment upon the indictment heretofore found against him and for plea thereto, says he is not guilty and moves the Court that this cause be continued to the next Term of this Court. Thereupon, it is ordered that this cause stand continued to the next Term of this Court. Thereupon, Court adjourned to Wednesday Morning, May the sixteenth, A.D. Eighteen hundred and fifty-five. May 16, 1855 Wednesday Morning, May the sixteenth, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present same as yesterday. Ordered that U.S. Marshal pay Michael Brenan, Lycurgus Jackson, James McDonough, [blank] Welton each Twenty-Seven dollars for nine days service each as bailiffs during this Term of Court. Thereupon Court adjourned Sine die. Willis Jenkins vs. Anthony Little, N. Young and Frederick Westgate. District Court, Jackson County, Oregon Territory. Judgment by confession. In vacation. Now at this day comes the plaintiff in the above entitled cause by D. B. Brenan, Esq., his attorney, and the defendants by Frederick Westgate, and the said plaintiff assenting thereto, the said defendant, Frederick Westgate confesses Judgment in favor of said plaintiff and against the said defendants for the sum of Seven hundred and Sixty-Eight dollars and ninety-six cents, together with costs. Therefore, it is considered that the plaintiff recover of the said defendants the said sum of seven hundred and sixty-Eight dollars and ninety-six cents, together with his costs and Expenses in this behalf sustained to be taxed. August 6, 1855 Be it remembered that at a District Court of the United States, begun and held at the Court House in Jacksonville, in and for the County of Jackson and Territory of Oregon, on the sixth day of August, A.D. Eighteen hundred and Fifty-five, at which were present: The
Hon. M. P. Deady, Judge
Joseph W. Drew, Deputy U.S. Marshal William G. T'Vault, Esq., Attorney for the Territory Thos. Pyle, Sheriff S. H. Taylor, Clerk The following proceedings were had, to wit: Now at this day comes James R. Davis, H. W. Wixom, Woodford Reams, James Barrett, W. W. Fowler, Isaac Woolen, John Kennedy, James Poole, N. B. Evans, Eber Emery, B. B. Griffin, N. W. Sisk, W. Ducker, Thomas Bailey, U. S. Hayden, Granville Sears, James Hendershot, John Martin, and Clifton Riley, in all nineteen in number of the panel of Grand Jurors for Jackson County, who after the appointment of W. W. Fowler as their foreman, were duly empaneled, charged and sworn as a Grand Jury as well on the part of the United States as that of the Territory of Oregon and then retired to consider of their presentments. Territory of Oregon vs. John S. Thompson. Indictment for assault with intent to Kill. Ordered that another warrant issue for the arrest of the defendant, returnable at the next Term of this Court and that this cause be continued to said Term. Territory of Oregon vs. Joseph McGee. Indictment for assault with intent to Kill. Ordered that another warrant issue for the arrest of the defendant returnable at the next Term of this Court, and that this cause stand continued to said Term of this Court. Territory of Oregon vs. William Norton. Indictment for aiding in Escape of prisoner. Ordered that another warrant issue for the arrest of the defendant returnable at the next Term of this Court and that this cause be continued to said Term of Court. Territory of Oregon vs. William Judd. Indictment for selling liquor to Indians. Ordered that another warrant issue for the arrest of the defendant, returnable at the next Term of this Court and that this cause stand continued to said Term of Court. Now at this day comes into Court Xavier LaClair, a Native of England, and late a subject of Queen Victoria, and makes application to become a citizen of the United States, and it appearing to the satisfaction of the Court that he had in all things complied with the provisions of the laws of the United States upon the subject of the naturalization of foreigners, and the said LaClair, having taken the oath of allegiance, It is considered that he be admitted to become a citizen of the United States. Thereupon, Court adjourned to Tuesday morning, nine O'clock, August the seventh, A.D. Eighteen hundred and Fifty-five. August 7, 1855 Tuesday Morning, August the seventh, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present the same as yesterday. Orlow Cheever vs. William Bybee, James W. Walker. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his Attorney, and moves the Court that Judgment be rendered against the defendants for want of an answer to plaintiff's complaint. Therefore, it is considered that the plaintiff recover of the said defendants the sum of three hundred and ninety dollars and seventy-six cents, together with his costs and expenses in this behalf sustained to be taxed. A. J. Kepler vs. B. J. Drew. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by his attorney and moves the Court that Judgment be rendered against the defendants for want of an answer to the plaintiff's complaint. Therefore, it is considered that the plaintiff recover of the said defendant the sum of six hundred and seventeen dollars, together with the costs and Expenses in this behalf sustained to be taxed. Davis Evans vs. Jason Braman. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his attorney and moves the Court that this cause be dismissed at the costs of the plaintiff. Therefore, it is considered that this cause be dismissed and that the defendant recover of the said plaintiff his costs and Expenses in this behalf sustained to be taxed. W. W. Fowler and Frank Brown vs. William Mitchell, [blank] Kennedy, [blank] Hall. Action at law to recover money. Now at this day comes the Plaintiffs in the above Entitled cause by their attorney and move the Court that this cause be dismissed at the costs of the plaintiffs. Therefore, it is considered that this cause be dismissed and that the defendants recover of the plaintiffs their costs and Expenses in this behalf sustained to be taxed. John Goldsby vs. Owen Hopkins, Jared Taylor. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by his attorney and moves the Court that this cause be dismissed at the costs of the plaintiff. Therefore, it is considered that this cause be dismissed and that the defendants recover of the said plaintiff their costs and Expenses in this behalf sustained to be taxed. Willis Jenkins vs. Davis Evans. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys and the plaintiff moves the Court that Judgment be rendered against the defendant for want of an answer to the plaintiff's complaint, and the defendant consenting thereto, It is considered that the plaintiff recover of the said defendant the sum of Four hundred and Seventy-Eight dollars and Eighty-three cents, together with the costs and Expenses of this suit to be taxed. Mark Sawyer, Administrator of the Estate of Jordan Sawyer, vs. James M. Moore, Levi A. Rice, Alonzo A. Skinner. Action at law to recover money. Now at this day come the plaintiffs in the above entitled cause by their attorney and move the Court that Judgment be rendered against the defendant for want of an answer to the plaintiff's complaint, and it appearing to the Court that the Summons in said cause had only been served on the said Levi A. Rice and Alonzo A. Skinner, and had not been served on the said James M. Moore, It is therefore considered that the plaintiffs recover of the said defendants Levi A. Rice and Alonzo A. Skinner the sum of three thousand seven hundred and Thirty-three dollars and fifty cents together with their costs and Expenses in this behalf sustained to be taxed. Adam Linn vs. J. B. Sprenger, Basil Bozarth. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his Attorney and move the Court that Judgment be rendered against the defendants for want of an answer to the plaintiff's complaint, and it appearing to the Court that the summons in this cause had only been served on the defendant Bozarth and had not been served on the said J. B. Sprenger, It is considered that the plaintiff recover of the said Basil Bozarth the sum of Three hundred and sixty-four dollars, together with his costs and Expenses in this behalf sustained to be taxed. And now at this day comes into Court the Grand Jury heretofore empaneled and through their foreman return into Court one true bill, to wit against James S. Oldham for murder. Application of J. H. Reed, Esq. for admission to the Bar. Now at this day comes into Court J. H. Reed, Esq., and makes application to be admitted to practice law in this Court, and it appearing to the satisfaction of the Court that said J. H. Reed had practiced law at the bar of the Courts of the States of Pennsylvania and Missouri, It is considered that he be admitted to practice law in this Court and was accordingly sworn. Territory of Oregon vs. George Long. Indictment for selling Liquor to Indians. Now at this day comes the Attorney on behalf of the Territory in the above entitled cause, and the accused by his attorney, and it appearing to the satisfaction of the Court that the witness were not to be found on whose testimony the indictment in this cause had been found, that there was no other evidence to sustain the prosecution, It is considered that this cause be dismissed and that the accused go hence without day. Territory of Oregon vs. James Hamlin. Indictment for assault with intent to Kill. Now at this day comes P. P. Prim, Esq., Attorney on behalf of the Territory in the above Entitled cause, and the defendant in proper person, and by his attorney, and the defendant waives an arraignment on the indictment heretofore found against him and for plea thereto says he is not guilty. Thereupon a Jury being called, come, to wit: Samuel R. Scott, Hugh F. Barron, Granville Naylor, Benjamin F. Myer, Jerasny Crawford, Perry Bowen, Jeremiah Brock, Augustus Taylor, Jacob Gall, Stephen Watson, Thomas Lowe and James B. Hendershot, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue Joined between the parties, and the Jury, after hearing the proofs and allegations of the parties and the charge of the Court, for verdict say that they find the defendant not guilty of the assault with intent to Kill, but further find the defendant guilty of the assault. Thereupon Court adjourned to Wednesday Morning, Aug. the Eighth, Eighteen hundred and Fifty-five at nine O'clock A.M. August 8, 1855 Wednesday Morning, August the Eighth, Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present the same as yesterday. Territory of Oregon vs. James Hamlin. Indictment for assault with intent to Kill. Now at this day the accused is brought into Court and, in consideration of the premises, It is considered that he pay a Fine of Two hundred and Fifty dollars, and that the Territory recover of him the costs and Expenses of this Prosecution to be taxed. William Mount vs. James Kerby, Samuel Hix, Abraham Y. Parkinson. Action at law to recover money. Now at this day comes the plaintiff in the above Entitled cause by his attorney, and it appearing to the satisfaction of the Court that the defendants had not had the full time of ten days' notice by summons, it is considered that this cause stand continued to the next Term of this Court. Application of William M. Mitchell for admission to the bar. Now at this day comes into Court William M. Mitchell, Esq., and makes application to be admitted to practice law in this Court, and it appearing to the satisfaction of the Court that the said William Mitchell had been admitted to the bar of a Court of record in the Territory of Oregon, Therefore, it is considered that the said William M. Mitchell be admitted as an attorney of this Court and was accordingly sworn. Sanford Palmer vs. Isaac Vandine. Action at law to recover money. Now at this day comes the parties in the above Entitled cause by their respective attorneys, and the defendant by his attorney moves the Court that this cause be continued to the next Term of this Court, which motion is not allowed. Thereupon the plaintiff by his Attorney moves the Court that the answer of the defendant be stricken from the files of this Court, which motion is allowed. Whereupon the plaintiff by his attorney moves the Court that Judgment be rendered against the defendant for want of an answer to the plaintiff's complaint. It is therefore considered that the plaintiff recover of the defendant the sum of Eight hundred and five dollars, together with his costs and Expenses in this behalf sustained to be taxed. Territory of Oregon vs. M. Levy. Indictment for keeping open Store on Sunday. Now at this day comes the attorney on behalf of the Territory in the above Entitled cause and the defendant in this cause not appearing, the attorney for the Territory moves the Court that this cause be continued and that an alias warrant issue for the arrest of the defendant. Therefore, it [is] ordered that an alias warrant issue returnable at the next Term of this Court and that this cause be continued to said Term. Territory of Oregon vs. Horace L. Ish. Indictment for assault with intent to Kill. Now at this day comes into Court the Attorney on behalf of the Territory in the above entitled cause and the defendant in person and by his attorney, and the defendant having heretofore waived an arraignment on the indictment found against him, and for plea thereto said he was not guilty. Therefore, a Jury being called, came, to wit: Jeremiah Brock, John W. McCully, Stephen Watson, William Kahler, Hugh F. Barron, Jerasney Crawford, Jacob Gall, John F. Miller, John Tennant, William Morrison, Andrew McNeal and George Dillard, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue Joined between the parties, and the Jury, after hearing the proofs and allegations of the parties and the charge of the Court, for verdict say that they find the defendant not guilty. Therefore, it is considered that the defendant go hence without day. Thereupon Court adjourned to Thursday Morning, nine O'clock A.M., August the ninth, A.D. Eighteen hundred and fifty-five. August 9, 1855 Thursday, August ninth, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present the same as yesterday. Now at this day comes into Court the Grand Jury heretofore empaneled, and through their foreman, return into Court two true bills, to wit: one against William Mitchell for assault with intent to Kill and one against William Hess for selling Liquor without License. Thereupon, it is ordered that a warrant Issue for the arrest of the said William Hess, and it appearing to the Court that John Morton, one of the Grand Jurors heretofore empaneled, had become sick and unable to remain Longer upon said Jury, It is ordered that the said John Morton be discharged from further attendance upon the Grand Jury at this Term. Thereupon, by order of the Court, Edward B. Ball was summoned from among the bystanders and duly Sworn to serve as a Grand Juror. Territory of Oregon vs. George W. Livingston. Indictment for assault with intent to Kill. Now at this day comes into Court the Attorney on behalf of the Territory in the above Entitled cause, and the defendant in proper person and by his attorney, and it appearing that the said defendant had heretofore waived an arraignment on the indictment found against him and for plea thereto had said he was not guilty. Therefore, a jury being called, came, to wit: Granville Naylor, Thomas Lowe, E. C. Pelton, W. H. Davidson, Hugh F. Barron, William Kahler, Stephen Watson, Jeremiah Brock, Jerasney Crawford, Jacob Gall, Isaac Swinden and Tobias L. Linksweiler, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak [the truth] upon the issue Joined between the parties, and then it appearing to the Court that E. C. Pelton, one of the Jurors empaneled and sworn as aforesaid, had become sick and unable to further attend on said Jury, It is ordered that the said E. C. Pelton be discharged from further attendance upon this Jury, and the parties to this cause consenting and that the issue heretofore joined between the parties as aforesaid be tried by the said Eleven Jurors. Thereupon Court adjourned to Friday, nine O'clock A.M., August the tenth, Eighteen hundred and Fifty-five. August 10, 1855 Friday Morning, August the tenth, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present the same as yesterday. Territory of Oregon vs. George Livingston. Indictment for assault with intent to Kill. Now at this day comes into Court the attorney on behalf of the Territory in the above Entitled cause, the defendant in proper person and by his attorney, and the Jury heretofore empaneled and the Jury, after hearing the proofs and allegations of the parties and the charge of the Court, for verdict say that they find the defendant not guilty of an assault with intent to Kill, but that they further find him guilty of the assault. Joseph Pancost vs. Davis Evans. Action at law to recover money. And now at this day come into Court the parties in the above Entitled cause by their respective attorneys, and the plaintiff moves the Court that this cause be dismissed. Therefore it is considered that this cause be dismissed and that the defendant recover of the plaintiff his costs and Expenses in this behalf sustained to be taxed. Thereupon Court adjourned to Saturday, nine O'clock A.M. August the Eleventh, A.D. Eighteen hundred and Fifty-five. August 11, 1855 Saturday Morning, August the Eleventh, A.D. Eighteen hundred and fifty-five. Court met pursuant to adjournment. Present the Same as yesterday. Territory of Oregon vs. George W. Livingston. Indictment for assault with intent to Kill. Now at this day the accused is brought into Court and in consideration of the premises, it is considered by the Court that he be sentenced to confinement in the common Jail of the County of Linn in the Territory of Oregon, there being no Jail in Jackson County, and the said County of Linn being the nearest thereto in which there is a Jail, for the Term of One year and that the Territory receive of him the costs of this prosecution to be taxed. Jacob Solomon vs. John Byrne. Action at law to recover money. Now at this day come into Court the parties in the above entitled cause by their respective attorneys, and the plaintiff moves that Judgment be rendered against the defendant for want of an answer to the plaintiff's complaint. Therefore, it is considered that the plaintiff recover of the defendant the Sum of Two hundred and ten dollars and ninety cents, together with his costs and Expenses in this behalf sustained to be taxed. Territory of Oregon vs. William Hess. Indictment for selling liquor without license. Now at this day comes the attorney on behalf of the Territory in the above entitled cause and the defendant in proper person, and the defendant waives an arraignment on the indictment heretofore found against him, and for plea thereto says he is guilty in manner and form as charged in said Indictment and the Court, in consideration of the premises, assess the fine against the said defendant at the sum of Fifty dollars. Therefore, it is considered that the Territory recover of the said defendant the said sum of Fifty dollars, together with the costs of this prosecution. Now at this day comes the Grand Jury heretofore empaneled, and through their foreman return into Court seven true bills, to wit: One against William Hess for selling liquor without license, one against John Iler for selling liquor without license, one against George Hillman for selling liquor without license, one against Joseph Pankey for selling liquor without license, one against Charles Magerle for selling liquor without license, one against Wm. A. Wilkinson for selling liquor without license, one against John McLaughlin for selling liquor without license, one against John Iler for Keeping open House in which intoxicating liquor is sold on Sunday and also five not true bills, two against William Hess for selling liquor without license, one against George Adams for selling liquor on Sunday, one against William H. Mitchell for breaking glass in a House not his own and one against H. Kennedy for breaking glass in a building not his own. Isaac Miller vs. Benjamin Armstrong. Action at law to recover money. Now at this day comes into Court the parties in the above entitled cause by their respective attorneys, and a Jury being called, come, to wit: Jacob Gall, John W. McCully, Thomas Lowe, Jerasney Crawford, Jeremiah Brock, William Kahler, Perry Bowen, and Granville Naylor, Eight good and lawful men of the County who by consent of the parties were duly empaneled and sworn the truth to speak upon the issue Joined between the parties, and the Jury for verdict say that they find the issue for the plaintiff. Therefore it is considered that the plaintiff recover of the defendant the property described in said complainant's complaint, together with his costs and Expenses in this behalf sustained to be taxed. And now at this day comes into Court the Grand Jury heretofore empaneled and through their foreman return into Court two true bills against J. B. White for selling liquor to Indians. J. B. Wadsworth, et al. vs. Richard Dugan et al. Action at law to recover money. Now at this day comes into Court the parties in the above entitled cause by their respective attorneys, and it appearing to the Court by the affidavit of the plaintiff that Frank Rogers, Robert Cram and A. E. Rogers, three of the defendants, are non-residents of this Territory but have property Therein, Whereupon it is ordered that service be made upon the said Frank Rogers, Robert Cram and A. E. Rogers by publication of a summons once a week for the term of not less than three months in the Yreka Union, a newspaper published in Yreka in the State of California, that unless the said defendants shall appear on the first day of the May Term of this Court for the year of A.D. Eighteen hundred and Fifty-six and answer the complaint of the plaintiffs in said action, said plaintiffs will take Judgment against them by default for the amount claimed in the Said plaintiff's complaint and that personal service of said Summons and complaint be made on the said defendants if they can be found otherwise and that copies of the Same be deposited in the Post office at Jacksonville directed to each of said defendants and that this cause stand continued to the next Term of said Court. Loyal P. Brown et al. vs. Richard Dugan et al. Action at law to recover money. Now at this day comes into Court the parties in the above entitled cause by their respective attorneys, and it appearing upon affidavit filed by the plaintiffs, that Frank Rogers, Robert Cram and A. E. Rogers, three of the defendants, are non-residents of this Territory but have property therein, It is ordered that Service be made upon the said Frank Rogers, Robert Cram and A. E. Rogers by publication of a summons once a week for the Term of not less than three months in the Yreka Union, a newspaper published in Yreka in the State of California, that unless the said defendants shall appear on the first day of the next Term of this Court to be held at Jacksonville in May, A.D. 1856 and answer to the said plaintiffs' complaint, Judgment will be taken against them by default for the amount claimed in the said plaintiffs' complaint; that personal service be made on the said defendants if they can be otherwise found and that copies of the summons and complaint be deposited in the Post Office at Jacksonville directed to each of them and that this cause be continued to the next Term of this Court. Thomas S. Harris et al. vs. Gideon B. Davidson. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys and the defendant by his attorney moves the Court that this cause be continued to the next Term of this Court. Thereupon it is considered that this cause be continued to the next Term of this Court at the costs of the defendant. Thereupon Court adjourned to Monday, nine O'clock A.M., August the thirteenth, A.D. Eighteen hundred and Fifty-five. August 13, 1855 Monday Morning, August the thirteenth, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present same as Yesterday. Now at this day comes into Court the Grand Jury heretofore empaneled and through their foreman return into Court three true bills, one against William Reeves for Selling liquor without license, one against J. B. White on behalf of the United States for selling liquor to an Indian, and one against T. McF. Patton for falsely personating another, and one endorsed not a true bill against William Reeves for selling liquor on Sunday and also make a report presenting the County Commissioners of Jackson County for not having built a Jail in said County nor made any provision for the Safe Keeping of persons committed to the charge of the Sheriff. Thereupon it is ordered that Bench Warrants issue for the arrest of the said J. B. White and William Reeves, and it appearing that said Grand Jury had no further business before [it], It is considered that they be discharged from further attendance at this Term of Court. Jesse Robinson vs. D. C. Stephenson. Action at law to recover money. Now at this day comes into Court the plaintiff in the above Entitled cause, and it appearing to the Court that no service had been had upon the defendant, Thereupon it is ordered that service be made upon the said defendant by publication of a summons in the Yreka Union once a week for the Term of not less than Three months and that this cause be continued to the next Term of this Court. Joseph H. Davis vs. Alexander Martin. Action at law to recover money. Now at this day comes into Court the plaintiff in the above entitled cause by his attorney, and it appearing to the Court that no service of Summons had been had upon the defendant, and that he is not a resident of this Territory, but has property herein, Therefore, it is ordered that service be made upon the said defendant by publication of a Summons in the Oregon Statesman once a week for the Term of not less than Three months and that this cause be continued to the next Term of this Court. Territory of Oregon vs. John McLaughlin. Indictment for selling liquor without license. Now at this day comes into Court the attorney on behalf of the Territory in the above entitled cause, and the defendant in proper person, and by his attorney, and the defendant waives an arraignment upon the indictment heretofore found against him, and for plea thereto says he is not guilty. Thereupon a Jury being called, came, to wit: George T. Vining, Jeremiah Brock, Andrew Davidson, James T. Tucker, Harvey B. Oatman, Robert Hill, six good and lawful men of the County who, by consent of the parties, were duly empaneled and sworn the truth to speak upon the issue heretofore Joined between the parties, and the Jury for verdict say that they find the issue for the defendant and Therefore, it is considered that the defendant go hence without day. Territory of Oregon vs. George Hillman. Indictment for selling liquor without license. Now at this day comes into Court the attorney on behalf of the Territory in the above entitled cause and the defendant in proper person and by his attorney, and the defendant waives an arraignment upon the indictment heretofore found against him, and for plea thereto says he is guilty in manner and form as charged in said indictment, and the Court, in consideration of the premises, assess the fine against the said defendant to the sum of Fifty dollars. Therefore, it is considered that the Territory recover of the said defendant the said sum of Fifty dollars together with the costs of the prosecution to be taxed. Harriet Reeves vs. William Reeves. Petition for Divorce. Now at this day, this cause came on to be heard upon the petition of the plaintiff, and the defendant being called came not, but made default, and the Court having heard the proofs of the plaintiff and the argument of William G. T'Vault, counsel for the plaintiff, It is adjudged and decreed that the bonds of Matrimony heretofore existing between the said plaintiff and defendant be and the same are hereby dissolved and holden for naught, That the name of the said plaintiff be and is hereby changed to Harriet Spencer, as prayed for in said petition: and that the plaintiff have and retain the care and custody of the infant child [blank] mentioned in said petition until said child shall have attained the age of Fourteen years, That the plaintiff have and recover of the defendant the sum of One hundred dollars together with her costs and expenses in this behalf sustained to be taxed. Territory of Oregon vs. William Hess. Indictment for selling liquor without license. Now at this day comes the attorney on behalf of the Territory in the above entitled cause, and the defendant in proper person and by his attorney, and the defendant waives an arraignment upon the indictment heretofore found against him, and for plea thereto, says he is not guilty. Thereupon a Jury being called came, to wit: Thomas Lowe, Stephen Watson, Jerasney Crawford, Jeremiah Brock, Perry Bowen, Hugh F. Barron, William Kahler and John W. McCully, who by consent of the parties were duly empaneled and sworn the truth to speak upon the issue heretofore Joined between the parties, and the Jury for verdict say that they find the defendant not guilty. Therefore, it is considered that the defendant go hence without day. Thereupon Court adjourned to Tuesday, nine O'clock A.M., August the fourteenth, A.D. Eighteen hundred and Fifty-five. August 14, 1855 Tuesday Morning, August the Fourteenth, A.D. Eighteen hundred and fifty-five. Court met pursuant to adjournment. Present same as yesterday. Now at this day comes John D. Cosby, Esq., and shows to the Court that he has been admitted to the bar of a Court of Record in the State of California. Thereupon the said John D. Cosby was duly admitted as an attorney of this Court and took the oath of Office. Territory of Oregon vs. William Reeves. Indictment for selling liquor without license. Now at this day comes the attorney on behalf of the Territory in the above entitled cause, and the defendant in person and the said defendant waives an arraignment upon the indictment heretofore found against him, and for plea thereto says he is guilty in manner and form as charged in said indictment and the Court, in consideration of the premises, assess the fine against the said defendant at the sum of Fifty dollars. Therefore, it is considered that the Territory recover of the said defendant the sum of Fifty dollars, together with the costs of the prosecution to be taxed. Thereupon Court adjourned to Wednesday Morning, nine O'clock, August the fifteenth, A.D. Eighteen hundred and Fifty-five. August 15, 1855 Wednesday Morning, nine O'clock, August the Fifteenth, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. James S. Oldham. Indictment for murder. Now at this day come the attorneys on behalf of the Territory in the above entitled cause and the defendant in proper person, and by his attorneys, and the defendant, in answer to the indictment heretofore found against him says he is not guilty. Therefore, a Jury being called, come, to wit: Andrew Davidson, Robert Wright, Jeremiah Brock, William Kahler, and Jerasney Crawford, Five good and lawful men of the County. Thereupon the Court adjourned to Thursday Morning, nine O'clock A.D. Eighteen hundred and Fifty-five. August 16, 1855 Thursday Morning, August sixteenth, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. James S. Oldham. Indictment for murder. Now at this day comes the attorney for the Territory in the above entitled cause and the defendant [in] person and by his attorney, and then came as Jurors in the said cause: Andrew Davidson, Robert Wright, Jeremiah Brock, William Kahler and Jerasney Crawford, the Jurors heretofore empaneled, and also Robert Hill, John B. White, Pleasant W. Stowe, B. F. Elliott and John S. Herrin, good and lawful men of the County. Thereupon Court adjourned to Friday Morning, nine O'clock, August the Seventeenth, A.D. Eighteen hundred and Fifty-five. August 17, 1855 Friday Morning, nine O'clock, August the seventeenth, A.D. Eighteen hundred and Fifty-five. Court [met] pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. James S. Oldham. Indictment for murder. Now at this day come the attorneys on behalf of the Territory in the above entitled cause and the defendant in person and by his attorneys and then come as Jurors in said cause Andrew Davidson, Robert Wright, Jeremiah Brock, William Kahler, Jerasney Crawford, Robert Hill, John B. White, Pleasant W. Stowe, Benjamin F. Elliott, John S. Herrin, Jonathan Sampson and John M. McCall, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue heretofore joined between the parties. Thereupon the Court adjourned to Saturday Morning, nine O'clock. August 18, 1855 Saturday Morning, nine O'clock, August the Eighteenth, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present the same as yesterday. Territory of Oregon vs. James S. Oldham. Indictment for murder. Now at this day come the attorneys on behalf of the Territory in the above entitled cause, and the defendant in person and by his attorneys, and the Jury heretofore empaneled in said cause proceed to hear the allegations and proofs of the parties, and after hearing a portion thereof, the Court adjourned to Monday, nine O'clock A.M., August the Twentieth, A.D. Eighteen hundred and Fifty-five. August 20, 1855 Monday, August the Twentieth, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. James S. Oldham. Indictment for murder. Now at this day come the attorneys on behalf of the Territory in the above entitled cause, and the defendant in person and by his attorneys, and the Jury heretofore empaneled and sworn in said cause proceeded to hear the proofs and allegations of the parties, and after hearing a portion thereof, the Court adjourned to Tuesday Morning, nine O'clock, August the Twenty-first, A.D. Eighteen hundred and Fifty-five. August 21, 1855 Tuesday, nine O'clock A.M., August the Twenty-first, A.D. Eighteen hundred and fifty-five. Court met pursuant to adjournment. Present Same as yesterday. Territory of Oregon vs. James S. Oldham. Indictment for murder. Now at this day come the attorneys on behalf of the Territory in the above entitled cause, and the defendant in person and by his attorneys, and the Jury heretofore empaneled and sworn in said cause heard the remainder of the proofs and allegations of the parties, and the Jury for verdict say that they find the defendant not guilty. Therefore, it is considered that the defendant go hence without day. Territory of Oregon vs. William A. Wilkinson. Indictment for selling liquor without license. Now at this day comes the attorney on behalf of the Territory in the above entitled cause and the defendant in person and Plaintiff by the said attorney moves the Court that the defendant be discharged, which motion is allowed. Therefore, it is considered that said defendant go hence without day. Thereupon Court adjourned to Wednesday, nine O'clock A.M., August the Twenty-second, A.D. Eighteen hundred and Fifty-five. August 22, 1855 Wednesday, August the Twenty-second, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. William Mitchell. Indictment for assault with intent to Kill. Now at this day comes the attorney on behalf of the Territory in the above entitled cause, and the defendant in person and by his attorney, and the defendant waives an arraignment upon the indictment heretofore found against him, and for plea thereto, says he is not guilty. Thereupon, a Jury being called, come, to wit: George W. Manville, Lewis Calhoun, James Collins, Champaign Collier, Samuel Hawkins, Curtis Davenport, Jordan Ashmead, Pleasant W. Stowe, Justice Wells, John B. Wrisley, William Elliott and Jeremiah Brock, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue Joined between the parties, and the Jury for verdict say that they find the defendant not guilty. Therefore it is considered that the defendant go hence without day. Territory of Oregon vs. John B. White. Indictment for Selling liquor to Indians. Now at this day comes the attorney for the Territory and the defendant in person, and the attorney for the Territory moves the Court that this cause be dismissed. Therefore, it is considered that this cause be dismissed and that the defendant go hence without day. Territory of Oregon vs. John B. White. Indictment for selling liquor to Indians. Now at this day comes the Attorney for the Territory in the above entitled cause, and the defendant in person and the attorney for the Territory moves the Court that this cause be dismissed. Therefore, it is considered that the cause be dismissed and that the defendant go hence without day. United States vs. J. B. White. Indictment for selling liquor to Indians. Now at this day comes the attorney on behalf of the United States in the above entitled cause and the defendant in person, and the plaintiff by said attorney moves the Court that this cause be dismissed. Therefore, it is considered that this cause be dismissed and that the defendant go hence without day. Thereupon Court adjourned to Thursday, nine O'clock A.M., August the Twenty-third, A.D. Eighteen hundred and Fifty-five. August 23, 1855 Thursday, August Twenty-third, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. Charles Magerle. Indictment for selling liquor without license. Now at this day comes the attorney on behalf of the Territory in the above entitled cause, and it appearing that the defendant in this cause had not been arrested, the attorney for the Territory moves the Court that an alias warrant issue for the arrest of said defendant and that this cause be continued to the next Term of this Court. Therefore, it is considered that this cause be continued to the next Term of this Court and that an alias warrant issue for the arrest of said defendant and that the amount of bail by which the defendant held to appear be fixed at the sum of Two hundred dollars. Territory of Oregon vs. Joseph Parkey. Indictment for selling liquor without license. Now at this day comes the attorney on behalf of the Territory in the above entitled cause, and it appearing that the defendant in this cause had not been arrested, the said attorney moves the Court that this cause be continued to the next Term of this Court and that an alias warrant issue for the arrest of the defendant. Therefore, it is considered that this cause be continued to the next Term of this Court and that an alias warrant issue for the arrest of the defendant and that the amount of bail by which the defendant shall be held to appear be fixed at Two hundred dollars. Territory of Oregon vs. John Iler. Indictment for selling liquor without license. Now at this day comes the attorney on behalf of the Territory in the above entitled cause, and it appearing that the defendant had not been arrested, the attorney for the Territory moves the Court that this cause be continued to the next Term of this Court and that an alias warrant issue for the arrest of the said defendant. Therefore, it is considered that this cause be continued to the next Term of this Court and that an alias warrant issue for the arrest of the said defendant and that the amount of bail by which the said defendant shall be held to appear be fixed at the sum of Two hundred dollars. Territory of Oregon vs. John Iler. Indictment for selling liquor without license. Now at this day comes the Attorney on behalf of the Territory in the above entitled cause, and it appearing that the defendant in this cause had not been arrested, the attorney for the Territory moves the Court that this cause be continued to the next Term of this Court and that an alias warrant issue for the arrest of the said defendant. Therefore, it is considered that this cause be continued to the next Term of this Court and that an alias warrant issue for the arrest of the said defendant and that the amount of bail by which the defendant shall be held to appear be fixed at the sum of two hundred dollars. J. J. Friedman vs. John Coakley. Action at law to recover money. Now at this day comes into Court the parties in the above entitled cause by their respective attorneys, and a Jury being called, come, to wit: Levi Tinkham, John B. Wrisley, T. L. Linksweiler, Sanford Palmer, William Elliott, P. W. Stowe, Furney G. Condrey, Jeremiah Brock, William Cantrall, John W. McCully, Justice Wells and Jordan Ashmead, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue heretofore Joined between the parties, and the Jury for verdict say that they find the issue for the plaintiff and assess his damages at the sum of Fifty dollars. Therefore, it is considered that the plaintiff recover of the said defendant the said sum of Fifty dollars, together with his costs and expenses in this behalf sustained to be taxed. William Hess vs. Jacob Solomon. Action at law to recover money. Now at this day comes into Court the parties in the above entitled cause by their respective attorneys, and a Jury being called, come, to wit: William Cantrall, William Elliott, T. L. Linksweiler, John W. McCully, John B. Wrisley, Furney G. Condrey, Jordan Ashmead, Levi Tinkham, P. W. Stowe, Justice Wells and Jeremiah Brock, eleven good and lawful men of the County who by consent of the parties were duly empaneled and sworn the truth to speak upon the issue Joined between the parties, and the Jury for verdict say that they find the issue for the plaintiff and assess his damages at the sum of Four hundred and ninety-eight dollars. Territory of Oregon vs. Thomas McF. Patton. Indictment for falsely personating another. Now at this day comes the attorney on behalf of the Territory in the above entitled cause and moves the Court that this cause be continued to the next Term of this Court and that an alias warrant issue for the arrest of the defendant. Thereupon, it is considered that this cause be continued to the next Term of this Court and it is ordered that an alias Warrant issue for the arrest of the said defendant and that the amount of his bail be fixed at the sum of Two Thousand dollars. And then comes Isaac Reittenberg, witness on behalf of the Territory in this cause, and acknowledges himself indebted to the Territory of Oregon in the sum of Two hundred dollars upon the condition that if he shall appear at the next Term of this Court to testify in said cause, then this obligation to be void, otherwise to be and remain in full force. Pleasant W. Stowe vs. Justice Wells. Action at law to recover money. Now at this day comes the parties in the above entitled cause by their respective attorneys, and a Jury being called, come, to wit: Jeremiah Brock, John W. McCully, Furney G. Condrey, John B. Wrisley, William Elliott, William Cantrall and Jordan Ashmead, seven good and lawful men of the County who, by consent of the parties, were duly empaneled and sworn the truth to speak upon the issue heretofore Joined between the parties, and the Jury for verdict say that they find the issue for the defendant and assess his damages at the sum of Seven dollars and Eighty-nine cents. Therefore, it is considered that the said defendant recover of the Plaintiff the said Sum of seven dollars and Eighty-nine cents, together with his costs and expenses of the suit to be taxed. Territory of Oregon vs. G. W. Livingston. Indictment for assault with intent to Kill. Now at this day comes into Court the defendant in the above entitled cause by his attorney and moves the Court that the sentence heretofore passed upon the said defendant be modified and changed. Thereupon, it is considered that the said defendant pay a fine of One hundred and Thirty dollars, together with the costs of this prosecution to be taxed or be confined in the common Jail of the County of Linn and Territory of Oregon for the Term of One year and pay the costs of this prosecution according to the said sentence as heretofore passed. Thomas L. Turner vs. William G. T'Vault. Action at law to recover money. Now at this day comes into Court the parties in the above entitled cause, the plaintiff by his attorney and the defendant in person, and the plaintiff moves the Court that this cause be continued to the next Term of this Court, and the defendant consenting thereto. Therefore, it is considered that this cause be continued to the next Term of this Court without prejudice to the parties. Sanford Palmer et al. vs. Thomas Pyle. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys, and the defendant by his attorney moves the Court that this cause be continued to the next Term of this Court. Thereupon it is considered that this cause be continued to the next Term of this Court at the costs of the defendant. William Hess vs. Jacob Solomon. Action at law to recover money. Now at this day comes into Court the parties in the above entitled cause by their respective attorneys, and the defendant moves the Court that Judgment in said cause be arrested and a new trial be had upon the said motion; the Court took time until the next Term of this Court to consider of this cause and it is considered that this cause be continued to said Term at the costs of the said defendant. Vincent H. Davis vs. John W. McCully. Action at law to recover money. Now at this day come into Court the parties in the above entitled cause by their respective attorneys, and the plaintiff by his attorney moves the Court to strike from the files the answer of the defendant and it appearing to the Court that the complaint of the plaintiff is uncertain and insufficient, it is ordered that the parties, plaintiff and defendant, re-plead the plaintiff ten days before the first day of the next Term of this Court and the defendant by the first day of said Term and that this cause be continued to said Term and thereupon it is considered that the defendant recover of the plaintiff the costs and expenses of this Term to be taxed. Ordered that the United States Marshal for the District of Oregon pay Lycurgus Jackson, John B. Sifers, Othaniel Gilbert, Michael Brenan and James M. Crooks each Fifty-One dollars for seventeen days' service each as bailiffs on the part of the United States at the present Term of this Court. Thomas Lawson vs. George Anderson. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys, and the plaintiff by his attorney moves the Court that this cause be dismissed. Thereupon it is considered that this cause be dismissed and that the defendant recover of the plaintiff his costs and expenses in this behalf sustained to be taxed. William Cantrall et al. vs. L. J. C. Duncan et al. In Chancery. Now at this day come the parties in the above entitled cause by their respective attorneys, and by consent of the parties it is ordered that this cause be referred to William Hoffman to take the testimony and report the same at the next Term of this Court. C. C. Beekman vs. Alvin Adams, J. C. Woods, D. Haskell et al., bankers doing business under the name and style of Adams & Co. Action at law to recover money. District Court, Jackson County, Oregon Territory. Judgment by confession. September 22nd, A.D. 1855. Now at this day comes the plaintiff in the above entitled cause by T. McF. Patton, Esq., his attorney, and the defendant by Richard Dugan, their agents, and the said plaintiff consenting thereto, the said defendant confesses Judgment in favor of the said plaintiff and against the said defendants for the Sum of Two hundred dollars and costs. Therefore, it is considered that the said Plaintiff recover of the said defendants the said Sum of Two hundred dollars and five dollars costs. Witness
S. H. Taylor, Clerk D.C.J.C. October 1, 1855 Be it remembered that at a Term of the District Court of the United States begun and held at the Court House in Jacksonville in and for the County of Jackson and Territory of Oregon on Monday, the first day of October, A.D. Eighteen hundred and Fifty-five at which were present: The
Hon. M. P. Deady, Judge
Now at
this day come Walter R. Davis,
John McCall, Solomon Rader, Jacob
Wagoner, Archibald S. Welton, Jackson Rader, Merritt Bellinger, Henry
Amerman, John R. Jones, Alexander McBride, Lewis Sisley, John L.
Badger, Harvey B. Oatman, John S. Miller, John Beeson, George T. Vining
and Lewis H. Zigler, in all seventeen in number, good and lawful men of
the County and of the panel of the Grand Jurors of said County who,
after the appointment of John Mc. McCall as their foreman, were duly
empaneled, charged and sworn as a Grand Jury as well on behalf of the
United States as that of the Territory of Oregon and then retired to
consider of their presentments.Joseph W. Drew, Deputy U.S. Marshal W. G. T'Vault, Attorney for the Territory Thomas Pyle, Sheriff S. H. Taylor, Clerk Territory of Oregon vs. John L. Thompson. Indictment for assault with intent to Kill. Now at this day comes the attorney on behalf of the Territory in the above entitled cause, and it appearing to the satisfaction of the Court that the defendant in this cause cannot be found, It is considered that this cause be dismissed. Territory of Oregon vs. Joseph McGee. Indictment for assault with intent to Kill. Now at this day comes the attorney on behalf of the Territory in the above entitled cause, and it appearing to the satisfaction of the Court that the defendant in this cause cannot be found, It is therefore considered that this cause be dismissed. Territory of Oregon vs. William Norton. Indictment for aiding in the escape of a prisoner. Now at this day comes the attorney on behalf of the Territory in the above entitled cause, and it appearing to the satisfaction of the Court that the defendant in this cause cannot be found, It is therefor considered that this cause be dismissed. Territory of Oregon vs. William Judd. Indictment for selling liquor to Indians. Now at this day comes the attorney on behalf of the Territory in the above entitled cause, and it appearing to the satisfaction of the Court that the defendant in this cause could not be found, It is therefore considered that this cause be dismissed. Territory of Oregon vs. Charles Magerle. Indictment for selling liquor without license. Now at this day comes the attorney on behalf of the Territory in the above entitled cause, and it appearing to the satisfaction of the Court that the defendant in this cause cannot be found, it is therefore considered that this cause be dismissed. Territory of Oregon vs. M. Levi. Indictment for Keeping open Store on Sunday. Now at this day comes into Court the attorney on behalf of the Territory in the above entitled cause, and it appearing to the Court that the defendant in this cause had not been arrested, and the attorney for the Territory moves the Court that an alias warrant issue for the arrest of the said defendant, which motion is allowed. Therefore, it is considered that this cause be continued to the next Term of this Court. Territory of Oregon vs. Joseph Parkey. Indictment for selling liquor without license. Now at this day comes the attorney for the Territory in the above entitled cause and moves the Court that an alias Warrant issue for the arrest of the defendant. Thereupon, it is considered that said motion be allowed and that this cause be continued to the next Term of said Court. Territory of Oregon vs. John Iler. Indictment for Selling liquor without license. Now at this day comes the attorney on behalf of the Territory in the above entitled cause and moves the Court that an alias warrant Issue for the arrest of the defendant in this cause. Thereupon said motion is allowed and it is considered that this cause be continued to the next Term of this Court. Territory of Oregon vs. John Iler. Indictment for selling liquor without license. Now at this day comes the plaintiff in the above entitled cause by the attorney for the Territory and moves the Court that an alias warrant issue for the arrest of the defendant in this cause, which motion is allowed, and it is considered that this cause be continued to the next Term of this Court. Jesse Robinson vs. D. C. Stephens. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys, and it appearing to the satisfaction of the Court that for want of time, service of summons had not been made upon the said defendant by publication for the full Term of three months. Therefore it is considered that this cause be continued to the next Term of this Court. J. B. Wadsworth et al. vs. Richard Dugan et al. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys, and it appearing to the Satisfaction of the Court that for want of time, service of summons had not been made upon the said defendants by publication for the full Term of three months. Therefore, it is considered that this cause be continued to the next Term of this Court. Loyal P. Brown et al. vs. Richard Dugan et al. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys, and it appearing to the satisfaction of the Court that for want of time, service of the summons had not been made upon the said defendants by publication for the full Term of three months. Therefore, it is considered that this cause be continued to the next Term of this Court. William Hess vs. Jacob Solomon. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys, and the plaintiff by his attorney moves the Court that Judgment be rendered against the defendant for costs of suit and the said defendant consenting thereto, Therefore, it is considered that the plaintiff recover of the said defendant his costs and expenses in this behalf sustained to be taxed. Joseph H. Davis vs. Alexander Martin. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by his attorney, and it appearing for want of time, service of summons had not been made upon the said defendant by publication for the full Term of three months, Therefore, it is considered that this cause be continued to the next Term of this Court. M. G. Kennedy vs. Emerson E. Gore et al. Action at law to recover money. Now at this day comes into Court the plaintiff in the above entitled cause by his attorney and moves the Court that Judgment be rendered against the defendants for his costs of suit. Therefore, it is considered that the plaintiff recover of the defendant his costs and expenses of this suit to be taxed. Levi Young vs. John M. Nichols. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys, and the defendant by his attorney moves the Court that Judgment be rendered against the Plaintiff for the costs of this suit. Therefore, it is considered that the defendant recover of the said plaintiff his costs and expenses in this behalf sustained to be taxed. Thereupon Court adjourned to Tuesday, Nine O'clock A.M. A.D. Eighteen hundred and Fifty-five. October 2, 1855 Tuesday morning, October second, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present same as yesterday. Madison B. Morris vs. Eli K. Anderson and J. F. Anderson. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys, and the plaintiff moves the Court that Judgment be rendered against the defendants for want of an answer to the plaintiff's complaint. Thereupon, it is considered that the plaintiff recover of the said defendants the sum of Six thousand Seven hundred and Eighty dollars, together with his costs and expenses in this behalf sustained to be taxed. Territory of Oregon vs. T. McF. Patton. Indictment for falsely personating another. Now at this day comes the attorney on behalf of the Territory in the above entitled cause and Isaac Rittenberger, the witness heretofore recognized in this cause, in the sum of five hundred dollars to appear and testify in this cause having been called came not, but made default. Thereupon it is ordered that said default be entered of record, which is hereby done. D. M. Kenney vs. James S. Oldham. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause in his own proper person, and the defendant being three times called came not, but made default, and the plaintiff moves the Court that the default of the defendant be entered of record. Thereupon, it is considered by the Court that the default of the defendant be entered of record. James T. Glenn vs. N. B. Evans. Action at law to recover money. Now at this day comes into Court the plaintiff in the above entitled cause and the defendant being three times called came not, but made default. Thereupon, it is considered that the default of the defendant be entered of record, and it appearing to the Satisfaction of the Court that the defendant in this cause had been duly served with summons to appear and answer, It is considered that the plaintiff recover of the defendant the sum of One hundred and Eighty dollars, together with his costs and Expense of this suit. D. M. Kenney vs. James S. Oldham. Action at law to recover money. Now at this day comes into Court the defendant in the above entitled cause by his attorney and moves the Court that the default entered therein be set aside. Thereupon, it is considered that the said default be set aside and that the plaintiff recover of the said defendant his costs. Sanford Palmer et al. vs. Thomas Pyle. Action at law to recover money. Now at this day come into Court the parties in the above entitled cause by their respective attorneys. Thereupon, a Jury being called come, to wit: William Chase, Clark Taylor, Robert C. Armstrong, William Griffin, George W. Manville, James Sterling, John Watson, Andrew Davidson, Andrew J. Matoon, William Bybee, William Matthews, and John Coleman, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue heretofore joined between the parties, and the Jury for verdict say that they cannot agree. Thereupon, it is considered that said Jury be discharged and that this cause stand continued to the next Term of this Court. George S. Hinsdale et al. vs. Anthony Little et al. Action at law to recover money. Now at this day come into Court the plaintiffs in the above entitled cause by their attorney, and the defendant being three times called comes not, and it appearing to the satisfaction of the Court that legal service of summons to appear and answer had been made upon the said defendants, and the plaintiffs move the Court that Judgment be rendered against the said defendants by default. Therefore, it is considered that the default of the defendants be entered of record and that the plaintiffs recover of the said defendants the sum of One thousand, six hundred and seventeen dollars and seventy-five cents, together with their costs and expenses in this behalf sustained to be taxed. Thereupon Court adjourned to Wednesday, nine O'clock A.M., October the Third, A.D. Eighteen hundred and fifty-five. October 3, 1855 Wednesday morning, nine O'clock, October Third, A.D. Eighteen hundred and fifty-five. Court met pursuant to adjournment. Present same as yesterday. Vincent H. Davis vs. John W. McCully. Action at law to recover money. Now at this day come into Court the parties in the above entitled cause by their respective attorneys. Thereupon, a Jury being called, come, to wit: James Sterling, Andrew Davidson, John Coleman, George W. Manville, William Griffin, John Watson, William Chase, Clark Taylor, Robert C. Armstrong, William Bybee, Aaron Chambers and James W. Collins, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue heretofore joined between the parties, and the Jury for verdict say that they find the issue for the plaintiff and assess his damages at the sum of Two hundred and Twenty-five dollars. Therefore, it is considered that the plaintiff recover of the said defendant the said sum of Two hundred and Twenty-five dollars, together with his costs and expenses in this behalf expended to be taxed. John L. Badger vs. Champaign Collier, John McDaniel. [omission] Now at this day comes the plaintiff in the above entitled cause by his attorney, and Champaign Collier, one of the said defendants, by his attorney and John McDaniel, one of the said defendants, being three times called, comes not, but makes default, and the plaintiff moves the Court that Judgment be rendered against the said John McDaniel by default, and it appearing to the satisfaction of the Court that legal service of summons to appear and answer had been made upon the said McDaniel, it is considered that the said default be entered of record. Thereupon, the Court adjourned to Thursday, Nine O'clock A.M. October fourth, A.D. Eighteen hundred and Fifty-five. October 4, 1855 Thursday Morning, nine O'clock, October fourth, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present same as yesterday. Thomas S. Harris and Thomas Wright vs. Gideon B. Davidson. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys, and the plaintiff moves the Court that this cause be dismissed. Therefore, it is considered that this cause be dismissed at the costs of the plaintiff. John W. McCully vs. Joseph Davis. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys, and the Court, having heard the argument of counsel upon the demurrer of the defendant to the complaint of the plaintiff, It is considered that said demurrer be overruled and on motion of the defendant it is ordered that defendant have leave to answer said complaint. John L. Badger vs. Champaign Collier, John McDaniel. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys and John McDaniel, one of the said defendants, moves the Court that his default heretofore entered, be set aside. Thereupon it is considered that said default be set aside. Joseph S. Burpee vs. S. H. Taylor and D. S. Kenyon, School Directors. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by his attorney, and the defendants, being three times called, come not, but made default, and the plaintiff moves the Court that Judgment by default be rendered against the said defendants, and it appearing to the satisfaction of the Court that the said defendants had been duly served with a summons to appear and answer, It is considered that the plaintiff recover of the said defendants the sum of Three hundred and seventy-four dollars and fifty-nine cents, together with his costs of suit to be taxed. John L. Badger vs. Champaign Collier, John McDaniel. Action at law to recover money. Now at this day come the parties in the above entitled cause by their respective attorneys, and a Jury being called, come, to wit: William Bybee, Aaron Chambers, William Griffin, George W. Manville, William Chase, James Sterling, Robert C. Armstrong, John Watson, Andrew Davidson, Granville Sears, Andrew J. Matoon and David Clinton, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue heretofore Joined between the parties, and the Jury for verdict say that they find the issue for the defendants. Therefore, it is considered that the said defendants recover of the plaintiff their costs and Expenses in this behalf sustained to be taxed. D. M. Kenney vs. James S. Oldham. Action at law to recover money. Now at this day come into Court the parties in the above entitled cause by their respective attorneys, and the defendant moves the Court that this cause be continued to the next Term of this Court. Thereupon, it is considered that this cause be continued to the next Term of this Court. Now at this day come into Court the Grand Jury heretofore empaneled, and through their foreman return into Court two true bills, one against Xavier LaClair and one against John C. Engleman for selling liquor without license. Thereupon, it is ordered that warrants issue for the arrest of the said defendants. Thereupon, the Court adjourned to Friday, nine O'clock A.M., October fifth, A.D. Eighteen hundred and Fifty-five. October 5, 1855 Friday Morning, nine O'clock, October fifth, A.D. Eighteen hundred and fifty-five. Court met pursuant to adjournment. Present same as yesterday. George Gay vs. James Clugage. Action at law to recover possession of personal property. Now at this day comes the plaintiff in the above entitled cause by his attorney, and the defendant by his attorney, and the parties agree that this cause be continued to the next Term of this Court. Therefore, it is considered that this cause be continued to the next Term of this Court. John W. McCully vs. Joseph H. Davis. Action at law to recover money. Now at this day come into Court the parties in the above entitled cause by their respective attorneys, and the plaintiff demurs to the defendant's answer to the said plaintiff's complaint. Therefore, it is considered that the said demurrer be allowed and that the plaintiff recover of the said defendant the sum of nine hundred and Twenty-two dollars and fifty cents, together with his costs and expenses in this behalf sustained to be taxed. Thomas L. Turner vs. William G. T'Vault. Action at law to recover money. Now at this day come into Court the parties in the above entitled cause by their respective attorneys, and it is agreed by the parties that this cause be continued to the next Term of this Court. Therefore it is considered that this cause be continued to the next Term of this Court. Territory of Oregon vs. T. McF. Patton. Indictment for falsely personating another. Now at this day comes the attorney on behalf of the Territory in the above entitled cause, and the defendant in person and by attorney, and the plaintiff moves the Court that the indictment heretofore found against the defendant be discharged for the reason that the prosecuting witness cannot be found, and thereupon it is considered by the Court that the said indictment be discharged and that the defendant go hence without day. William Cantrall et al. vs. L. J. C. Duncan et al. In Chancery. Now at this day come the plaintiffs by W. G. T'Vault, Esq., their solicitor, and the defendants by their solicitor, L. F. Mosher, Esq., and on motion of the complainants by their solicitor, this suit is dismissed in accordance with the Terms of agreement of the parties on file. Therefore, it is ordered adjudged and decreed by the Court that said complainants' bill be dismissed without prejudice or liability in the injunction bond. It is also adjudged and decreed by the Court that the complainants shall have the privilege of the use of the water and ditch specified in said bill until the first day of November, A.D. Eighteen hundred and fifty-five, and on that day, said complainants are to elect whether they will have the use of the water and ditch in the daytime or in the night, if there should be but one tom head of water and the defendants are to have the use of the water during the time that the said complainants do not elect to use the same. If said complainants elect the use of the water at night, the defendants are to have the use of the water during the day. And it is adjudged and decreed that whenever there shall be two tom heads of water, the parties complainant are to have the use of the first tom head and the parties defendant the use of the second tom head and when William Cantrall and L. J. C. Duncan cannot agree with regard to the quantities of water to be required for a tom head, T. S. Harris is to be the person appointed to decide upon the quantity, and in the event said Harris cannot decide the matter, the said Cantrall and Duncan are to select some person who will decide upon the quantity of water required for a tom head. And it is also adjudged and decreed that each party shall pay the costs that they have occasioned respectively. Pleasant W. Stowe vs. Justus Wells. Motion to retax costs. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., his attorney, and moves the Court to order a relaxation of costs in this cause. Therefore, it is ordered that the Clerk retax the costs in this cause all owing to the defendant the per diem and mileage for three witnesses and no more for as many days as such witnesses were in actual attendance upon the Court in said cause, exclusive of the days said witnesses were notified by order of the Court that their attendance would not be required and that the Clerk furnish the Sheriff with a certified copy of such retaxed costs and this order for the distribution of moneys heretofore made on execution in this cause. Thereupon Court adjourned to Saturday morning, nine O'clock, October the Sixth, A.D. Eighteen hundred and fifty-five. October 6, 1855 Saturday, Nine O'clock A.M., October sixth, A.D. Eighteen hundred and Fifty-five. Court met pursuant to adjournment. Present same as yesterday. Ordered that the United States Marshal for the District of Oregon pay to Michael Brenan, Othaniel Gilbert, John B. Sifers, and Lycurgus Jackson each Eighteen dollars for six days attendance each as bailiffs at the present Term of this Court. January 26, 1856 Sanford Palmer vs. William Hutchinson. District Court, Jackson County, Oregon. In vacation Judgment by confession. Now at this Twenty-Second day of January, A.D. Eighteen hundred and Fifty-Six comes the plaintiff in this cause by Brenan and Prim, his attorneys, and the defendants in person and the said plaintiff consenting thereto, the said defendant confesses Judgment in favor of the said Plaintiff and against himself, the said defendant, for the sum of seven hundred and sixty-two dollars and Eighty cents, together with the costs and expenses herein accruing. Therefore, it is considered that the plaintiff recover of the said defendant the said sum of Seven hundred and Sixty-two dollars and Eighty cents, together with five dollars costs and expenses. Witness
S. H. Taylor Clerk D.C.J.C. April 28, 1856 Be it remembered that at a District Court of the United States for the Territory of Oregon and County of Jackson, begun and held at Jacksonville and for said County and Territory on Monday, the Twenty-Eighth day of April, A.D. Eighteen hundred and Fifty-six, at which were Present: The
Hon. M. P. Deady, Judge
Now at
this day comes George W. Hoxie,
Jacob Hoffman, Emery Gore, John
Forsythe, John E. Ross, Hyman Fairchilds of the regular panel and P. W.
Stowe, John H. Blake, Theodric Cameron, John Q. Tabor, Washington
Pearce, R. B. Packard, M. W. Hale, Peter E. Miller, George H. C.
Taylor, and Jonathan Sampson, talesmen, in all Sixteen in number, good
and lawful men of the County who were duly empaneled, charged and sworn
as a Grand Jury as well on behalf of the United States as of the
Territory within and for the County of Jackson. Ordered that John E.
Ross, Esq., of the panel aforesaid, be and he is hereby appointed
foreman of the Grand Jury.J. B. Sifers, Esq., Clerk W. G. T'Vault, Esq., Prosecuting attorney Joseph W. Drew, Esq., Deputy U.S. Marshal and Thomas Pyle, Sheriff Territory of Oregon vs. Benjamin J. Drew. Recognizance for assault with intent to Kill. Now at this day before the Grand Jury retired, the accused in the above entitled recognizance is called but comes not and makes default. Territory of Oregon vs. Joseph Parkey. Indictment for selling liquor without license. Now at this day comes the Prosecuting attorney on behalf of the plaintiff in the above entitled cause and moves to dismiss the indictment in the cause, and it appearing that no arrest of the accused had been made, It is considered that the prosecution be dismissed. Territory of Oregon vs. John Iler. Indictment for selling liquor without license. Now at this day comes the prosecuting attorney on behalf of the plaintiff in the above entitled cause and moves to dismiss the indictment in this cause, and it appearing that no arrest of the accused had been made, It is considered that the prosecution be dismissed. Territory of Oregon vs. John Iler. Indictment for selling liquor without license. Now at this day comes the Prosecuting attorney on behalf of the plaintiff in the above entitled cause and moves to dismiss the indictment in the cause, and it appearing that no arrest of the accused had been made, It is considered that the prosecution be dismissed. Sanford Palmer et al. vs. Thomas Pyle. Action at law to recover damages. Now at this day comes the plaintiffs in the above entitled cause by P. P. Prim, Esq., their attorney, and the defendant in person, and consent and stipulate that this cause shall be continued to the next Term of this Court. Therefore, it is ordered that the cause be so continued without prejudice. J. A. Brunner and Brother vs. Michael McRay. Action at law to recover money and damages. Now at this day come the plaintiffs in the above entitled cause by Brenan and Prim, their attorneys, and discontinue this suit. Therefore, it is considered that the defendant recover of the plaintiffs his costs and expenses in this behalf sustained to be taxed. William Warren et al. vs. Joseph P. Wilson. Action at law to recover money. Now at this day comes the plaintiffs in the above entitled cause by P. P. Prim, Esq., their attorney, and discontinues this suit. Therefore, it is considered that the defendant recover of the said plaintiffs his costs and expenses in this behalf sustained to be taxed. Thomas Pyle vs. Rezin B. Packard. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by his attorney and discontinues the suit. Therefore, it is considered that the defendant recover of the said plaintiff his costs and expenses in this behalf sustained to be taxed. Francis Cardwell vs. Michael Thomas, Tobias Thomas. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by his attorney and discontinues the suit. Therefore, it is considered that the defendants recover of the said defendant [sic] their costs and expenses in this behalf sustained to be taxed. Perry Bowen vs. James M. Rayburn. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by his attorney and discontinues this suit. Therefore, it is considered that the defendant recover of the said plaintiff his costs and expenses in this behalf sustained to be taxed. Now at this day, upon the opening of Court, the Clerk of this Court, S. H. Taylor, Esq., resigns said office, which resignation is accepted. Thereupon, it is ordered that John B. Sifers be and he hereby is appointed Clerk of this Court and the said Sifers, upon his oath, duly administered, says that he will support the Constitution of the United States and faithfully demean himself as Clerk of this Court. Thereupon, Court adjourned to tomorrow morning nine O'clock. April 29, 1856 Tuesday morning, nine O'clock, April the twenty-ninth, A.D. Eighteen hundred and Fifty-six. Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. M. Levy. [omission] Now at this day comes the plaintiff in the above entitled cause by William G. T'Vault, Esq., prosecuting attorney on behalf of the Territory, and the defendant being called, comes not, but makes default. Thereupon on motion of the prosecuting attorney, the recognizance of the defendant heretofore given in this cause is ordered to be forfeited. Jesse Robinson vs. D. C. Stephens. Action at law to recover money and damages. Now at this day comes the plaintiff in the above entitled cause in proper person, and the defendant, having failed to answer the complaint of the plaintiff, and it appearing that the defendant had been duly served with the summons and copy of complaint in this cause, It is considered that the plaintiff recover of the defendant the sum of Two thousand dollars, together with his costs and expenses in this behalf sustained to be taxed. J. B. Wadsworth et al. vs. Richard Dugan et al. Action at law to recover money. Now at this day comes the plaintiffs in the above entitled cause by Brenan and Prim, their attorneys, and the defendants by J. H. Reed, Esq., their attorney, and consent and stipulate that this cause be continued until the next Term of this Court with prejudice and that the plaintiffs have until the next Term of this Court to reply to the answer of the defendant filed at this Term. Therefore it is ordered that this cause be continued to the next Term of this Court according to said Stipulation. Loyal P. Brown et al. vs. Richard Dugan et al. Action at law to recover money. Now at this day come the plaintiffs in the above entitled cause by Brenan and Prim, their attorneys, and the defendants by J. H. Reed, Esq., their attorney, and consent and stipulate that this cause be continued to the next Term of this Court, without prejudice, and that the plaintiffs have until the next Term of this Court to reply to the answer of the defendants filed at this Term. Therefore, it is ordered that this cause be continued to the next Term of this Court according to said stipulation. Joseph H. Davis vs. Alexander Martin. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by William G. T'Vault, Esq., his attorney, and it appearing that the defendant had been duly served with the summons and a copy of the complaint in this cause, and that said defendant has failed to answer the complaint, It is considered that the plaintiff recover of the defendant the sum of Eight hundred and Forty-nine dollars, together with his costs and expenses in this behalf sustained to be taxed. George Gay vs. James Clugage. Action at law to recover personal property. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., his attorney, and the defendant by P. P. Prim, Esq., his attorney, and thereupon the defendant moves the Court upon affidavit this day read and filed to continue this cause until the next Term of this Court. Thereupon, it is ordered that said motion be allowed at the costs of the defendant to be taxed. Joseph Davis, Samuel R. Taylor vs. Charles B. Brooks. Action at law to recover money. Now at this day comes the plaintiffs in the above entitled cause by D. M. Kenney, Esq., their attorney, and it appearing that the defendant had been duly served with the summons and a copy of the complaint in this cause and that the defendant has failed to answer the same, It is considered that the plaintiffs recover of the said defendant the sum of One hundred and twenty-five dollars and ninety-five cents, together with his costs and Expenses in this behalf sustained to be taxed. R. F. Maury and Benjamin T. Davis, Partners trading under the name and style of Maury and Davis vs. William Hutchinson. Action at law to recover money. Now at this day come the plaintiffs in the above entitled cause by P. P. Prim, Esq., their attorney, and it appearing that the defendant had been duly served with the summons and a copy of the complaint in this cause and has failed to answer to the same, It is considered that the defendants [sic] recover of the said defendant the sum of One hundred and ninety-seven dollars, with interest at the rate of five percent per month until recovered, and also the sum of Two hundred and forty-two dollars and sixty-three cents, together with their costs and expenses in this behalf sustained to be taxed. Joseph H. Davis vs. Chauncey Nye and Andrew Matoon. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by D. M. Kenney, Esq., his attorney, and it appearing that the defendant had been duly served with a Summons and a copy of the complaint in this cause and have failed to answer the same, It is considered that the plaintiff recover of the said defendants the sum of Three hundred and forty-seven dollars and forty-four cents with interest at the rate of five percent per month until recovered, together with his costs and expenses in this behalf sustained to be taxed. Jason Braman vs. G. W. Rood and F. M. Good. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by P. P. Prim, Esq., his attorney, and it appearing that the defendant had been duly served with the summons and a copy of the complaint in this cause and have failed to answer the same, It is considered that the plaintiff recover of the defendant the sum of Five hundred and fourteen dollars and fifty-Eight cents, together with his costs and expenses in this behalf sustained to be taxed. G. W. Manville vs. M. A. Carson and John J. Elliott. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by P. P. Prim, Esq., his attorney, and it appearing that M. A. Carson, one of the said defendants, had been duly served with the summons and a copy of the complaint in this cause and has failed to answer the same, It is considered that the plaintiff recover of the said defendant the sum of Two hundred and ninety dollars, together with his costs and expenses in this behalf sustained to be taxed. Joseph H. Davis vs. Washington Pearce. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by D. M. Kenney, Esq., his attorney, and it appearing that the defendant had been duly Served with the summons and a copy of the complaint and has failed to answer the same, It is considered that the plaintiff recover of the defendant the sum of One hundred and Eighty-nine dollars and Seventy-nine cents with interest at the rate of Five percent per month until recovered, together with his costs and expenses in this behalf sustained to be taxed. William Masterson vs. S. M. Wait. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., his attorney, and the defendant by P. P. Prim, Esq., his attorney, and consent and Stipulate that this cause shall be continued until the next Term of this Court without prejudice. Therefore it is ordered that this cause be continued according to said stipulation. A. M. Berry vs. A. Robertson and B. B. Pearson. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by D. M. Kenney, Esq., his attorney, and it appearing that the defendant had been duly served with a summons and a copy of the complaint in the cause and that said defendants have failed to answer the same, It is considered that the plaintiff recover of the said defendants the sum [of] Three hundred and six dollars and Thirty-three cents, together with his costs and Expenses in this behalf sustained to be taxed. William Peebler vs. Charles B. Brooks. Action at law to recover [omission] Now at this day comes the plaintiff in the above entitled cause by D. M. Kenney, Esq., his attorney, and it appearing that the defendant had been duly served with the summons and a copy of the complaint and that said defendant has failed to answer the same, It is considered that the plaintiff recover of the defendant the sum of Two hundred and forty-four dollars together with his costs and expenses in this behalf sustained to be taxed. Jason Braman vs. G. W. Rood and F. M. Good. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by P. P. Prim, Esq., his attorney, and it appearing that the defendants had been duly served with the summons and a copy of the complaint in this cause and have failed to answer the same, It is considered that the plaintiff recover of the defendants the sum of Four hundred and sixty-nine dollars and Fifty cents together with his costs and Expenses in this behalf sustained to be taxed. John Anderson vs. William Ish and Horace L. Ish. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by Brenan and Prim, his attorneys, and it appearing that the defendants had been duly served with the summons and a copy of the complaint in this cause, and that the said defendants have failed to answer the same, It is considered that the plaintiff recover of the defendants the sum of Three hundred and Eighteen dollars and Thirty-nine cents together with his costs and expenses in this behalf sustained to be taxed. Orlando Coolidge vs. Milton Lindley. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by Avery P. Stearns, his attorney, and the defendant by P. P. Prim, Esq., his attorney, and consent that the plaintiff shall have Judgment against the defendant for the sum of One hundred and Twenty-Eight dollars and sixty-five cents, with interest thereon at the rate of three percent per month until recovered. Therefore, it is considered that the plaintiff recover of the defendant the said sum of One hundred and Twenty-Eight dollars and sixty-five cents with interest at the rate of three percent per month until recovered, together with his costs and expenses in this behalf sustained to be taxed. A. B. Stroup, Arthur Langell, and Vincent H. Davis, Partners trading and doing business under the name and Style of A. B. Stroup & Co. vs. William Ish and Horace Ish. Action at law to recover money. Now at this day comes the plaintiffs in the above entitled cause by P. P. Prim, Esq., their attorney, and it appearing that the defendants have been duly served with the summons and a copy of the complaint in this cause, and that said defendant has failed to answer the same, It is considered that the plaintiffs recover of the defendants the sum of One hundred and Eighty-one dollars and Fifty-three cents together with their costs and expenses in this behalf sustained to be taxed. D. M. Kenney vs. James S. Oldham. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause in proper person and by W. G. T'Vault, Esq., his attorney, and the defendant by Avery P. Stearns, Esq., his attorney. Whereupon come a Jury, to wit: James Hamlin, Frederick Westgate, L. J. C. Duncan, James R. Davis, T. T. Walker, Joseph H. Davis, Thomas F. Beall and William Bybee, in all eight in number, good and lawful men of the County, who by consent of the parties were duly empaneled and sworn well and truly to try the issue heretofore joined between the parties. And the Jury, after hearing the proofs and allegations of the parties and the charge of the Court, for verdict say that they are unable to agree and the Court, being satisfied that said Jury would not agree, It is ordered that they be discharged from the further consideration of this cause and that said cause be continued to the next Term of this Court without prejudice. Thereupon Court adjourned until tomorrow morning. April 30, 1856 Wednesday, April Thirtieth, A.D. Eighteen hundred and Fifty-Six, nine O'clock A.M. Court met pursuant to adjournment. Present same as yesterday. Now at this day comes into Court the Grand Jury heretofore empaneled and return into Court two "true bills" and one "not a true bill" as follows: One against Benjamin J. Drew for assault with intent to commit murder "not a true bill"; One against James S. Oldham and G. D. R. Boyd for breaking open a house endorsed "a true bill" and One against Perry N. Emerson and [blank] Crego for Grand Larceny endorsed "a true bill." Thereupon it is ordered that Bench Warrants issue for the arrest of said persons against whom True bills have been returned as aforesaid, and in the case of the accused James S. Oldham and G. D. R. Boyd. Ordered that the bail be fixed at the sum of One Thousand dollars each and that in the case of Perry N. Emerson and [blank] Crego, the bail be fixed at the sum of Five hundred dollars each. Thomas L. Turner vs. William G. T'Vault. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by P. P. Prim, Esq., his attorney, and the defendant in proper person and waive a Jury in this cause and submit the issue to be tried by the Court, and the Court, having heard the proofs and allegations of the parties, find the issue for the plaintiff and assess his damages at the sum of seven hundred dollars. Therefore, it is considered that the plaintiff recover of the defendant the said sum of seven hundred dollars, so assessed as aforesaid, together with his costs and Expenses in this behalf sustained to be taxed. Peter Schull vs. Woodford L. Hurst, Jacob Solomon. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by William G. T'Vault, Esq., his attorney, and it appearing to the Court that said defendant Hurst is not a resident of this Territory but has property herein, It is ordered that a copy of the Summons in this cause be published in the Table Rock Sentinel once a week for the period of three months and that this cause be continued until the next Term of this Court. P. W. Stowe vs. John Linder. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by D. M. Kenney, Esq., his attorney, and the defendant by William G. T'Vault, Esq., his attorney, and the defendant on affidavit filed heretofore moves the Court that this cause be continued until the next Term of this Court. Thereupon it is ordered that said motion be allowed and it is also ordered that the plaintiff recover of the defendant his costs and expenses of this Term to be taxed. Charles Williams and Joseph Copeland vs. Acoy, Chinaman. Action at law to recover personal property. Now at this day comes the plaintiff in the above entitled cause by Avery P. Stearns, Esq., their attorney, and it appearing that the defendant has been duly served with the summons and a copy of the complaint in this cause, and that said defendant has failed to answer the same, It is therefore considered that the plaintiffs recover of the defendant the possession of the goods and chattels in the plaintiffs' complaint, mentioned together with their costs and expenses in this behalf sustained to be taxed, and the plaintiffs remit the damages by them claimed against the defendant by reason of the detention of said goods and chattels. James F. Kennedy vs. Thomas Chase and Nelson D. Smith. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by P. P. Prim, Esq., his attorney, and discontinues this suit. Therefore, it is considered that the defendants recover of the plaintiff their costs and Expenses in this behalf sustained to be taxed. John F. Miller vs. William Hutchinson. Action at law to recover possession of personal property. Now at this day comes the plaintiff in the above entitled cause by William G. T'Vault, Esq., his attorney, and the defendant by P. P. Prim, Esq., his attorney, and after argument of counsel, it is considered that the demurrer of the defendant to the complaint of the plaintiff be disallowed, and the defendant declining to further answer the complaint of the plaintiff, It is considered that the plaintiff recover of the defendant the possession of the goods and chattels in his complaint mentioned, together with his legal costs and expenses in this behalf sustained to be taxed. Cornelia Riggs vs. Michael Riggs. Petition for Divorce. Now at this day comes the petitioner in the above entitled cause by Avery P. Stearns, Esq., her attorney, and it appearing that the defendant is a non-resident of this Territory but is probably a resident of Fairfax in Franklin County, State of Vermont, It is ordered that service be made upon the said defendant by mailing to his address at said town of Fairfax within Thirty days from the rising of this Court a certified copy of the petition and summons in this cause and that this cause be continued until the next Term of this Court. David Allen vs. George R. Rogers. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by P. P. Prim, Esq., his attorney, and the defendant by Avery P. Stearns, Esq., his attorney, and consent and stipulate that this cause be continued until the next Term of this court with leave to the plaintiff to file a replication to the defendant's answer within sixty days from the rising of this Court. Thereupon it is ordered that this cause be continued according to the Terms of said stipulation. Catherine Jaquette vs. William Miller. Action at law to recover damages. Now at this day comes the plaintiff in the above entitled cause and discontinues this suit. Therefore, it is considered that the defendant recover of the plaintiff his costs and expenses in this behalf sustained to be taxed. Thereupon Court adjourned until tomorrow morning, nine O'clock. May 1, 1856 Thursday morning, nine O'clock, May First, A.D. Eighteen hundred and Fifty-Six. Court met pursuant to adjournment. Present same as yesterday. George H. C. Taylor et al. vs. Nathaniel C. Dean. Action at law to recover money. Now at this day comes the plaintiffs in the above entitled cause by P. P. Prim, Esq., their attorneys, and the defendant by William G. T'Vault, Esq., his attorney. Thereupon comes a Jury, to wit: Frederick Westgate, James Hamlin, William Bybee, L. J. C. Duncan, Joseph H. Davis, James P. Burns, Thomas F. Beall, David Clinton and T. T. Walker, nine in number, good and lawful men of the County who by consent of the parties were duly empaneled and sworn well and truly to try the issue Joined between the parties, and said Jury, having heard the proofs and allegations of the parties and the charge of the Court, for verdict say that they find the issue for the plaintiffs and assess their damages by reason of the premises at the sum of One hundred and Seventy-five dollars. Therefore, it is considered that the plaintiffs recover of the defendant the said sum of One hundred and Seventy-five dollars together with their costs and Expenses in this behalf sustained to be taxed. Michael Thomas et al. vs. Thomas F. Beall et al. Action at law to recover money. Now at this day comes the plaintiffs in the above entitled cause by Kenney and T'Vault, Esqs., their attorneys, and the defendants by their attorney, and the defendant by affidavit this day read and filed moves the Court that this cause be continued until the next Term of this Court. Ordered that said motion be allowed and that the plaintiffs recover of the defendants their legal costs and expenses of this Term by them sustained to be taxed. Thereupon Court adjourned until tomorrow morning, nine O'clock. May 2, 1856 Friday morning, nine O'clock, May Second, A.D. Eighteen hundred and Fifty-Six. Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. G. D. R. Boyd and James S. Oldham. Indictment for Breaking open house. Now at this day comes William G. T'Vault, Esq., Prosecuting attorney on behalf of the Territory in the above entitled cause, and moves the Court to dismiss the indictment in this cause, and it appearing to the Court that no crime is charged in said indictment, but that the same is substantially defective and incapable of trial and Judgment thereon, It is ordered that the indictment be dismissed, and it further appearing that G. D. R. Boyd, one of the defendants in this cause, is now under arrest, it is Ordered that he be discharged and go hence without day. A. V. V. Post et al. vs. Jonas W. Garrison et al. Action at law to recover money. Now at this day comes the plaintiffs in the above entitled cause by P. P. Prim, Esq., their attorney, and moves the Court that service upon the defendants in this cause be made by publication, and it appearing that the defendants are non-residents of this Territory and that the defendant Jonas W. Garrison has property within this Territory and that the action arises upon contract, It is ordered that a copy of the Summons in this cause be published in the Table Rock Sentinel Once a week for the period of Three months. It appearing that said Garrison is a resident of Crescent City, California, and that the residence of the other defendants is not Known to the plaintiffs, It is ordered that a copy of the Summons and complaint in this cause be forthwith deposited in the Post office addressed to the said defendant Garrison at his residence aforesaid. Ordered that the party entitled to Judgment for costs in all causes disposed of at this Term be entitled to have taxed the attendance and mileage of all witnesses actually examined and in cases where no trial took place by reason of the same being continued, the party obtaining Judgment for the costs of the Term shall be entitled to tax the attendance and mileage of Such witnesses as actually attended Such trial and as he or his attorney will verify by affidavit were necessary for his defense or cause of action. Sanford Palmer et al. vs. Thomas Pyle. Action at law to recover money. Now at this day comes the defendant in the above entitled cause by W. G. T'Vault, Esq., his attorney, and moves the Court to order the Clerk to refund to said defendant Thirty-five dollars collected of him in this cause by execution from this Court as part of the costs of continuance of said cause at the August Term of this Court, A.D. 1855. Ordered that said motion be allowed. Ordered that the Deputy United States Marshal for the District of Oregon pay Michael Brenan, Lycurgus Jackson, Morgan W. Davis and George W. Anderson each Fifteen dollars for Five days' services each as Bailiffs on the part of the United States at this Term of Court. October 11, 1856 D. S. Kenyon vs. Thomas F. Beall et al. District Court, Jackson County, Oregon. In vacation. Judgment by confession. October Eleventh, A.D. Eighteen hundred and Fifty-Six. Now at this day comes the plaintiff in the above entitled cause by Brenan and Prim, his attorneys, and the defendants in proper persons, and the said plaintiff consenting thereto, the said defendants confess Judgment in favor of said plaintiff and against themselves, the said defendants, for the sum of six hundred and forty-seven dollars and seventeen cents, said amount to draw interest at the rate of Five percent per month until paid, together with the costs and expenses of this proceeding. Therefore, it is considered that the plaintiff recover of the said defendants the said sum of Six hundred and Forty-seven dollars and seventeen cents with interest at the rate of Five percent per month until paid, together with his costs and expenses in this behalf sustained to be taxed. Octoner 13, 1856 James F. Kennedy vs. Nelson D. Smith and Thomas Chase, partners trading and doing business under the firm and style of Smith & Chase. District Court, Jackson County, Oregon. In vacation. Judgment by confession. October Thirteenth, A.D. Eighteen hundred and Fifty-six. Now at this day comes the plaintiff in the above entitled cause by Brenan and Prim, his attorneys, and the defendants in proper person, and the said plaintiff consenting thereto, the said defendants confess Judgment in favor of the said plaintiff and against themselves for the sum of One hundred and Sixty-five dollars. Therefore, it is considered that the said plaintiff recover of the said defendants the said sum of One hundred and Sixty-five dollars together with his costs and expenses in this behalf sustained to be taxed. Octoner 14, 1856 Thomas F. Beall et al. vs. A. Davidson et al. District Court, Jackson County, Oregon. In vacation. Judgment by confession. October Fourteenth, Eighteen hundred and Fifty-six. Now at this day comes the plaintiffs in the above entitled cause by Brenan and Prim, their attorneys, and the defendants in proper persons, and the plaintiffs consenting thereto, the defendants confess Judgment in favor of said plaintiff and against themselves for the sum of Two hundred and six dollars and forty-Seven cents. Therefore, it is considered that the said plaintiffs recover of the said defendants the said sum of Two hundred and six dollars and Forty-seven cents together with their costs and expenses in this behalf sustained to be taxed. October 27, 1856 Be it remembered that at a District Court of the United States, begun and held at Jacksonville in and for the County of Jackson and Territory of Oregon on Monday, the Twenty-seventh day of October, A.D. Eighteen hundred and Fifty-six, at which was present: The
Hon. M. P. Deady, Judge
The
following proceedings were had, to wit:Now at this day come into Court John McDaniel, Samuel E. Stearns, Benjamin Armstrong, Willard Spencer, William Carberry, Clifton Riley, Samuel Lowe, Bennett Million, John Anderson and Joseph T. Griffin heretofore summoned to serve at this Term as Grand Jurors and Silas J. Day, William Showdy, Daniel Rathbun, John F. Miller and Noah Sager, Talesmen Summoned from the bystanders by order of the Court, in all sixteen in number, good and lawful men of the County who, after the appointment of John F. Miller, Esq., as foreman, were duly empaneled, charged and sworn to serve as a Grand Jury as well on behalf of the United States as the Territory of Oregon. Thomas L. Turner vs. W. G. T'Vault. Judgment at April Term A.D. Eighteen hundred and Fifty-six. Motion to Stay Execution and cross motion by defendant to dismiss the same. Now at this day comes the plaintiff in the above entitled cause by Brenan and Prim, his attorneys, and moves the Court to strike from the files the motion of the defendant heretofore filed to stay the Execution in this cause. Thereupon it is ordered that said motion be disallowed at the costs of plaintiff to be taxed. William Pebler vs. C. B. Brooks. Judgment at April Term, A.D. Eighteen hundred and Fifty-six. Motion to discharge property taken on execution. Now at this day comes the defendant in the above entitled cause by J. H. Reed, Esq., his attorney, and moves the Court upon affidavit filed to discharge the property of the defendant heretofore taken on Execution in this cause, and it appearing to the Court that said property is exempt from execution, it is ordered that said motion be allowed at the costs of the plaintiff to be taxed. T. S. Harris and Thomas Wright, Partners trading under the name and Style of Harris and Wright vs. John Miller. Action at law to recover money. Now at this day comes the plaintiffs in the above entitled cause by J. H. Reed, Esq., their attorney, and the defendants by William G. T'Vault, Esq., his attorney, and the Court, having heard the argument of counsel upon the demurrer of the defendant to the plaintiffs' complaint, It is considered that said complaint is not sufficient in law to enable said plaintiffs to have and maintain this action and that the defendant recover of the plaintiffs his costs of said demurrer. Thereupon, on motion of plaintiffs' counsel, it is ordered that said plaintiffs have leave to file an amended complaint at the costs of the plaintiff to be taxed. William J. Allen vs. Robert B. Hargadine. Action at law to recover damages. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., his attorney, and the defendant by J. H. Reed, Esq., his attorney, and the Court having heard the argument of counsel upon the demurrer of the defendant to the complaint of the plaintiff, It is considered that said complaint is not sufficient in law to enable said plaintiff to have and maintain this action and that the defendant have and recover of the plaintiff his costs and expenses of said demurrer to be taxed. Thereupon, on motion of plaintiff's counsel, it is ordered that said plaintiff have leave to file an amended complaint at the costs of the plaintiff to be taxed. Thomas Hopwood vs. A. D. Helman et al. Appeal from Justice Court. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by D. M. Kenney, Esq., his attorney, and the defendants by Brenan and Prim, Esq., their attorneys, and the plaintiff by his counsel moves the Court for leave to file an amended complaint. Thereupon, it is ordered that said motion be allowed at the costs of the plaintiff to be taxed. Thereupon, Court adjourned until tomorrow morning, Eight O'clock. October 28, 1856 Tuesday morning, Eight O'clock, October the Twenty-Eighth, A.D. Eighteen hundred and Fifty-six. Court met pursuant to adjournment. Present same as yesterday. Now at this day comes Davis Evans, one of the Trial Jurors of this Term, and upon cause shown by said Evans, It is ordered that he be excused from attending upon the Court until the coming in of the Court on Friday morning next. Peter Schull vs. Woodford L. Hurst, Jacob Solomon. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., his attorney, and discontinues this suit. Therefore, it is considered that the defendants recover of the said Plaintiff their costs and Expenses in this behalf sustained to be taxed. David Allen vs. George R. Rogers. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by Brenan and Prim, his attorneys, and discontinues this suit. Therefore, it is considered that said defendant recover of the said plaintiff his costs and Expenses in this behalf sustained to be taxed. Jeremiah Yarnell vs. William K. Ish and Horace L. Ish, partners trading and doing business under the name and Style of Ish & Brother. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by William G. T'Vault, Esq., his attorney, and discontinues this suit. Therefore, it is considered that said defendants recover of the said Plaintiff their costs and Expenses in this behalf sustained to be taxed. Alfred Osborn vs. J. B. Truchot. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by J. H. Reed, Esq., his attorney, and discontinues this suit. Therefore, it is considered that the defendant recover of the plaintiff his costs and Expenses in this behalf sustained to be taxed. Veit Schutz vs. Davis Evans. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by J. H. Reed, Esq., his attorney, and discontinues this suit. Therefore it is considered that the defendant recover of the plaintiff his costs and Expenses in this behalf sustained to be taxed. James E. Wills vs. J. A. Brunner et al. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by Brenan and Prim, his attorneys, and discontinues this suit. Therefore, it is considered that the defendants recover of the plaintiff their costs and Expenses in this behalf sustained to be taxed. John F. Miller and J. N. T. Miller vs. Nancy Walker, Executrix of Jesse Walker, Dec. Action at law to recover money. Now at this day come the plaintiffs in the above entitled cause by J. H. Reed, Esq., their attorney, and discontinue this suit. Therefore, it is considered that the defendant recover of the plaintiffs her costs and Expenses in this behalf sustained to be taxed. G. B. Davidson vs. John Forsythe, Alexander Fleming and George Hoxie. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause in proper person and discontinues this suit. Therefore, it is considered that the defendants recover of the plaintiff their costs and Expenses in this behalf sustained to be taxed. Davis and Monasters vs. S. M. Wait. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by Brenan and Prim, their attorneys, and discontinues this suit. Therefore, it is considered that said defendant recover of the plaintiffs his costs and Expenses in this behalf sustained to be taxed. L. J. C. Duncan vs. George H. Ish and William K. Ish. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by Brenan and Prim, their attorneys, and discontinues this suit. Therefore, it is considered that the defendants recover of the said plaintiff their costs and expenses in this behalf sustained to be taxed. Mahlon Baldwin vs. Emerson Gore and Emery Gore. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., his attorney, and discontinues this suit. Therefore, it is considered that the defendants recover of the said plaintiff their costs and expenses in this behalf sustained to be taxed. William Kahler vs. William K. Ish & Horace L. Ish, partners trading and doing business under the firm and style of Ish & Brother. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by Brenan and Prim, his attorneys, and discontinues this suit. Therefore, it is considered that the defendants recover of the said plaintiff their costs and expenses in this behalf sustained to be taxed. Frank Brown vs. Washington Pearce, Aaron Chambers. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by J. H. Reed, Esq., his attorney, and discontinues this suit. Therefore, it is considered that the defendants recover of the said plaintiff their costs and expenses in this behalf sustained to be taxed. Joseph H. Davis vs. William K. Ish, Horace L. Ish, partners trading under the form and Style of Ish and Brother. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by Brenan and Prim, their attorneys, and it appearing that the defendants had been duly served with the Summons and a copy of the complaint in this cause and have failed to answer the same, It is considered that the plaintiff recover of the said defendants the sum of Seven hundred and eighty-two dollars and Thirty-Six cents together with his costs and expenses in this behalf sustained to be taxed, and it appearing to the Court that Six hundred and ninety-six dollars and Thirty-six cents of said amount is recovered upon an instrument bearing interest at the rate of five percent per month, It is ordered that so much of said Judgment draw interest at said rate until recovered. Ann Angel vs. William K. Ish and Horace L. Ish, partners trading under the firm and style of Ish and Brother. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by William G. T'Vault, Esq., her attorney, and it appearing that the defendants had been duly served with the Summons and a copy of the complaint in this cause and have failed to answer the same, It is considered that the plaintiff have and recover of the said defendants the sum of Eight hundred and forty-three dollars together with her costs and expenses in this behalf sustained to be taxed. Sanford Palmer vs. William N. Ballard. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by Brenan and Prim, his attorneys, and it appearing that the defendant had been duly served with the Summons and a copy of the complaint and has failed to answer the same, It is considered that the plaintiff recover of the said defendant the sum of Four hundred and thirty-four dollars, together with his costs and expenses in this behalf sustained to be taxed. And it appearing to the Court that said Judgment is recovered on an instrument bearing interest at the rate of five percent per month, It is ordered that said Judgment draw interest at the same rate. William Bybee vs. William M. Sells and Francis A. Smith. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by D. M. Kenney, Esq., his attorney, and it appearing from the affidavit and the return of the Sheriff that the defendants cannot be found within this Territory and that a cause of action arising upon contract exists against said defendants and in favor of the plaintiff and that the defendants have property within this Territory, It is ordered that service of the Summons in this cause be made by publishing a copy of the same in a newspaper published in this County not less than once a week for three months and that the plaintiff forthwith deposit in the Post Office a copy of the summons and complaint directed to the defendants at Yreka, California, where said defendants appear to reside and that this cause be continued for such service. J. B. Wadsworth et al. vs. Richard Dugan et al. Action at law to recover money. Now at this day come the plaintiffs in the above entitled cause by Brenan and Prim, their attorneys, and the defendants by Cook, Reed and Mosher, their attorneys. Thereupon comes a Jury, to wit: Justus Wells, Hugh F. Barron, Levi Tinkham, R. V. Beall, James Dawson, Aaron Chambers, John Bigham, Eli K. Anderson, Miles F. Alcorn, H. H. Brown, William J. Allen and S. M. Wait, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue joined between the parties, and the Jury for verdict say that they find the issue for the plaintiffs and assess their damages by reason of the premises at the sum of Two thousand four hundred and Fifty-four dollars and forty cents. Therefore, it is considered that the plaintiffs recover of the defendants the said sum of Two thousand four hundred and Fifty-four dollars and forty cents, together with their costs and expenses in this behalf sustained to be taxed. Loyal P. Brown, et al. vs. Richard Dugan et al. Action at law to recover money. Now at this day comes the plaintiffs in the above entitled cause by Brenan and and Prim, their attorneys, and the defendants by Cook, Reed and Mosher, their attorneys. Thereupon comes a Jury, to wit: Justus Wells, Hugh F. Barron, Levi Tinkham, R. V. Beall, James Dawson, Aaron Chambers, John Bigham, Eli K. Anderson, Miles F. Alcorn, H. H. Brown, William J. Allen and S. M. Wait, twelve good, lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue Joined between the parties, and the Jury for verdict say that they find the issue for the plaintiffs and assess their damages by reason of the premises at the sum of One Thousand Six hundred and thirty-six dollars and twenty-three cents. Therefore, it is considered that the said plaintiffs recover of the defendants the said Sum of One Thousand Six hundred and Thirty-six dollars and twenty-three cents together with their costs and expenses in this behalf sustained to be taxed. Now at this day upon information received from the Grand Jury that they desire the assistance of an attorney in a matter wherein the present prosecuting attorney is accused, It is ordered that L. F. Mosher, Esq., be appointed Special prosecuting attorney for the purpose. Thomas Thompson vs. [blank] Crego and Perry N. Emerson. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by A. P. Stearns, Esq., his attorney, and it appearing that neither of the defendants had been served with the summons in this cause, It is ordered that this cause be continued to the next Term of this Court. Thereupon Court adjourned until tomorrow morning, Eight O'clock. October 29, 1856 Wednesday morning, Eight O'clock, October Twenty-ninth, A.D. Eighteen hundred and Fifty-six. Court met pursuant to adjournment. Present same as yesterday. A. V. V. Post, et al. vs. J. W. Garrison et al. Action at law to recover money. Now at this day comes the defendants in the above entitled cause by J. H. Reed, Esq., and moves the Court upon affidavit filed to transfer this cause to the District Court of Josephine County in this Territory. Thereupon, It appearing that said cause did not arise within the limits of Josephine, It is ordered that said motion be disallowed at the costs of the plaintiff to be taxed. Sanford Palmer et al. vs. Thomas Pyle. Action at law to recover money. Now at this day comes the plaintiffs in the above entitled cause by Brenan and Prim, their attorneys, and the defendant by Reed and Mosher, his attorneys. Thereupon come a Jury, to wit: Justus Wells, Hugh F. Barron, Aaron Chambers, Levi Tinkham, Miles F. Alcorn, Thomas Hopwood, R. V. Beall, James Dawson, John Bigham, Tobias Linksweiler and Robert B. Hargadine, Eleven in number, good and lawful men of the County who by consent of the parties, were duly empaneled and sworn the truth to speak upon the issue Joined between the parties, and the Jury for verdict say that they find the issue for the defendant. Therefore, it is considered that the plaintiff be barred from having or maintaining this action and that the defendant recover of the said plaintiff his costs and Expenses in this behalf sustained to be taxed. Now at this day comes into Court the Grand Jury heretofore empaneled and return into Court Three true bills of Indictment, to wit: One against Charles Casey for suffering gaming in his house. One against Eli Judd for selling liquor without license and one against William G. T'Vault for perjury, which bills were received by the Court and ordered to be filed and bench warrants to issue for the arrest of the persons named in said indictments returnable forthwith. Territory of Oregon vs. William G. T'Vault. Indictment for perjury. Now at this day comes the plaintiff in the above entitled cause by L. F. Mosher, Esq., special prosecuting attorney, and the said defendant in proper person and said defendant having heard said indictment read and received a copy of the same, he is allowed until the coming in of the Court on Friday morning to answer said indictment. Thereupon the said defendant with O. D. Hoxie, D. M. Kenney and Alexander Blakely acknowledge themselves indebted to the Territory of Oregon in the sum of Five thousand dollars to be levied of their Lands, goods, chattels and Tenements upon the condition following to wit: that if the said defendant shall be and appear from day to day in this Court during the pendency of this prosecution and, if convicted, Surrender himself to receive execution of his sentence, then this obligation to be void, otherwise to be and remain in full force and effect. George W. Anderson vs. George W. Livingston. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by J. H. Reed, Esq., his attorney, and it appearing that the defendant had not been served with the summons and a copy of the complaint in this cause, It is ordered that this cause be continued until the next Term of this Court. Francis McGee vs. J. J. Cozart and V. S. Ralls. Motion for rule against Justice Hoffman to compel Transcript. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., his attorney, and moves the Court for a rule against William Hoffman, Esq., a Justice of the Peace, to furnish the plaintiff a Transcript of this cause. Thereupon it is ordered that said motion be disallowed at the costs of the plaintiff to be taxed. Thereupon Court adjourned until tomorrow morning Eight O'clock. October 30, 1856 Thursday morning, Eight O'clock, October Thirtieth, A.D. Eighteen hundred and Fifty-six. Court met pursuant to adjournment. Present same as yesterday. George Gay vs. James Clugage. Action at law to recover possession of personal property. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., his attorney, and the defendant by Brenan and Prim, his attorneys, and consent that this cause be continued. Thereupon it is ordered that this cause be continued until the next Term of this Court. A. V. V. Post, John Nightingale, Samuel Jaquis and John B. Blanton vs. Jonas W. Garrison, John Howell and Edward Sack. Action at law to recover money. Now at this day come the plaintiff in the above entitled cause by Brenan and Prim, their attorneys, and it appearing to the Court that the defendants have been duly served P. W. Stowe vs. John Linder. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by D. M. Kenney, Esq., his attorney, and discontinues this suit. Therefore, it is considered that the defendant recover of the plaintiff his costs and expenses in this behalf expended to be taxed. Territory of Oregon vs. Charles Casey. Indictment for suffering gaming in his house. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., prosecuting attorney, and the accused in person and by Reed and Mosher, his attorneys, and the said Casey having heard the said indictment read and received a copy of the same, by his counsel moves to dismiss said indictment because no prosecuting witness is named thereon. Therefore, it is ordered that said motion be disallowed at the costs of the accused to be taxed. Thereupon, the accused for plea to said indictment says he is guilty in manner and form as charged in said indictment. Therefore, it is considered that the accused be sentenced to pay a fine of Fifty dollars together with the costs of the prosecution and that he stand committed to the Jail of the County until the same is paid or until he be discharged by due course of law. Michael Thomas et al. vs. Thomas F. Beall et al. Action at law to recover money & damages. Now at this day come the plaintiffs in the above entitled cause by Kenney, Reed, Mosher and T'Vault, their attorneys and their defendants by Brenan and Prim, their attorneys. Thereupon come a Jury, to wit: Thomas Hopwood, Justus Wells, John Bigham, Levi Tinkham, Miles F. Alcorn, Champaign Collier, James N. T. Miller, William Bybee, Eli K. Anderson, Peter E. Miller, Tobias Linksweiler and V. P. Comstock, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue Joined between the parties, and the Jury for verdict say that they find the issue for the defendants. Therefore, it is considered that the plaintiffs be barred from having and maintaining this action and that the defendants have and recover of the plaintiffs their costs and expenses in this behalf sustained to be taxed. Now at this day comes into Court the Grand Jury heretofore empaneled and return into Court Five true bills of indictment, to wit: One against Miller Judd for Larceny, One against Bolivar Hull for suffering gaming devices to be used in his house, One against Eli Judd for keeping open house on Sunday, One against George Long for selling liquor on Sunday and One against Theodric Cameron and Peter Simon for Keeping open house on Sunday, which bills of indictment were received by the Court and ordered to be filed and that bench warrants Issue for the arrest of the persons mentioned in said Indictment returnable forthwith. Territory of Oregon vs. George Long. Indictment for selling liquor on Sunday. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., Prosecuting attorney, and the defendant in person, and the defendant having heard the indictment read, for plea thereto says that he is guilty in manner and form, as charged in said indictment. Therefore, it is considered that the defendant be sentenced to pay a fine of ten dollars and the costs of this prosecution and that he stand committed to the Jail of the County until the same is paid or he is discharged by due course of law. Territory of Oregon vs. Eli Judd. Indictment for Selling Liquor on Sunday. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., Prosecuting attorney, and the defendant in person, and the defendant having heard the indictment read, for plea thereto says he is guilty in manner and form as charged in said indictment. Therefore, it is considered that the defendant be sentenced to pay a fine of ten dollars and the costs of this prosecution and that he stand committed to the Jail of the County until the same is paid or he is discharged by law. Territory of Oregon vs. Eli Judd. Indictment for selling liquor without license. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., Prosecuting attorney, and the defendant in person, and by S. P. Chadwick, Esq., his attorney, and the defendant, having heard the indictment read and waived a copy of the same, on motion of his counsel, it is ordered that he have until the coming in of the Court tomorrow morning to answer said indictment. Thereupon comes H. H. Brown, Benjamin Armstrong, who, with the defendant acknowledged themselves indebted to the Territory of Oregon in the sum of One hundred dollars upon the condition following, to wit: that if said defendant shall be and appear from day to day in this Court during the pendency of this prosecution, and if convicted, that he will surrender himself to the execution of the sentence, then this obligation to be void, otherwise to be and remain in full force and effect. Now at this day comes John Collins, heretofore recognized to appear at this Court, and moves that he be discharged from said recognizance. Thereupon it is ordered that said motion be allowed. Cornelia Riggs vs. Michael Riggs. Petition for divorce. Now at this day comes the Petitioner in the above entitled cause by A. P. Stearns, Esq., her Solicitor, and it appearing that the defendant has had due notice of the pendency of this cause, It is adjudged and decreed that the bonds of matrimony heretofore Existing between the Petitioner and the defendant be and the same are hereby dissolved, that the petitioner have the care and custody of the infant child, issue of said marriage, until it arrives at the age of Fourteen years, and that the petitioner pay the costs of this proceeding with leave to take out execution and recover the same from the defendant. Thereupon, Court adjourned until tomorrow morning, Eight O'clock. October 31, 1856 Friday morning, Eight O'clock, October Thirty-first, A.D. Eighteen hundred and Fifty-Six. Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. Bolivar Hull. Indictment for suffering gaming devices in house. Now at this day come the plaintiff in the above entitled cause by W. G. T'Vault, Esq., Prosecuting attorney, and the defendant, having heard the indictment read, waives a copy of the same and for plea thereto says he is guilty in manner and form as charged in said indictment. Therefore, it is considered that the defendant be sentenced to pay a fine of Fifty dollars and the costs of this prosecution and that he stand committed to the Jail of the County until the same is paid or he is discharged by law. William A. Masterson vs. S. M. Wait. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by S. F. Chadwick, Esq., his attorney, and the defendant by Brenan and Prim, his attorneys, and the defendant acknowledges that he is indebted to the plaintiff in the sum of Four thousand one hundred and seventy-Eight dollars and Fifty-Eight cents and consents that Judgment be rendered against him upon the condition that Execution be stayed upon said Judgment for the Period of six months next ensuing, except the sum of Eight hundred dollars. Therefore, it is considered that the plaintiff recover of the said defendant the said sum of Four Thousand One hundred and Seventy-Eight dollars and Fifty-Eight cents, together with his costs and expenses in this behalf sustained to be taxed, and that Execution be Stayed for the period of Six months next ensuing as to the sum of Three Thousand Three hundred and seventy-Eight dollars and Fifty-Eight cents of said Judgment. J. B. Wadsworth et al. vs. Walter R. Davis et al. Action at law to recover money. Now at this day come the plaintiffs in the above entitled cause by Brenan and Prim, their attorneys, and the defendants by Reed and Mosher, their attorneys, and the Court having the argument of counsel upon the demurrer of the defendants to the complaint of the plaintiffs, It is considered that said complaint is sufficient in law to enable the plaintiff to have and maintain this action, and the defendants declining to further answer the complaint, It is considered that the plaintiffs have and recover of the defendants the sum of Eleven hundred and Eighty-One dollars and ninety-five cents, together with their costs and expenses in this behalf sustained to be taxed. E. D. Foudray vs. V. S. Ralls and J. J. Cozart. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by Reed and Mosher, his attorneys, and the defendants by W. G. T'Vault, Esq., their attorney, and the Court, having heard the argument of Counsel upon the demurrer of the plaintiff to the answer of the defendant, It is Considered that said answer is not sufficient in law to bar the plaintiff from having or maintaining this action, and the defendants declining to further answer, It is considered that said plaintiff recover of the said defendants the sum of Two hundred and ten dollars together with his costs and expenses in this behalf sustained to be taxed. Noah Sager vs. P. W. Stowe. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by Brenan and Prim, his attorneys, and the defendant by Reed and Mosher, his attorneys. Thereupon comes a Jury, to wit: Thomas Hopwood, Aaron Chambers, James Dawson, R. A. Beall, Miles F. Alcorn, John Bigham, Justus Wells, Levi Tinkham and Eli K. Anderson, nine good and lawful men of the County who, by consent of the parties were duly empaneled and sworn well and truly to try the issue Joined between the parties, and the Jury for verdict say that they find the issue for the plaintiff and assess his damages by reason of the premises at the sum of Fifty dollars. Therefore, it is considered that the plaintiff recover of the defendant the said sum of Fifty dollars together with his costs and expenses in this behalf sustained to be taxed. Territory of Oregon vs. Theodric Cameron, Peter Simon. Indictment for Keeping open house on Sunday. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., prosecuting attorney, and the defendant Cameron in person and the defendant Simon by L. F. Mosher, Esq., his attorney, and said defendants heard the indictment read, waive a copy of the same and for plea thereto say they are guilty in manner and form as charged in said indictment. Therefore, it is considered that said defendants be sentenced to pay a fine each and severally of ten dollars and the costs and expenses of this prosecution and that they stand committed to the Jail of the County until said fines and costs are paid or they be discharged by due course of law. D. M. Kenney vs. James S. Oldham. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause in proper person and discontinues this suit. Therefore, it is considered that the defendant recover of the said plaintiff his costs and expenses in this behalf sustained to be taxed. Territory of Oregon vs. Eli Judd. Indictment for selling liquor without license. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., Prosecuting attorney, and the defendant in person and by S. P. Chadwick, his attorney, and the defendant for plea to the Indictment heretofore found against him says he is not guilty in manner and form as charged therein. Thereupon, the parties submit this cause to the determination of the Court upon an agreed state of facts, and the Court, being of opinion upon said agreed case, that this indictment cannot be maintained, It is therefore considered that the plaintiff be barred from having or maintaining this prosecution and that the defendant go hence without day. Territory of Oregon vs. William G. T'Vault. Indictment for perjury. Now at this day comes the plaintiff in the above entitled cause by L. F. Mosher, Esq., Special prosecuting attorney, and the defendant in person and by John D. Cook, Esq., B. F. Dowell, Esq. and Brenan and Prim, Esq., his attorneys. Thereupon on motion of Counsel for plaintiff, it is ordered that J. H. Reed, Esq., be and he is hereby appointed special counsel on behalf of the prosecution and now the defendant for plea to the indictment heretofore found against him says he is not guilty in manner and form as alleged in said Indictment. Thereupon, by consent of counsel for plaintiff and defendant, it is ordered that this cause be set down for trial on Monday next. Ordered that a venire issue to the Sheriff, returnable forthwith, to summon from the Jury list of the County for the Current year, twelve persons to serve as trial Jurors at this Term from and after Monday next unless sooner discharged by this Court. Thomas H. Clark vs. Thomas Pyle. Action at law to recover money. Now at this day comes the plaintiff in this cause by Brenan and Prim, his attorneys, and the defendant by Reed and Mosher, his attorneys, and the defendant moves the Court upon affidavit filed to continue this cause. Thereupon, it is ordered that said motion be allowed at the costs of the defendant. Therefore, it is considered that the plaintiff recover of the defendant his costs and expenses of this Term to be taxed. Francis McKee vs. J. J. Cozart and V. S. Ralls. Judgment before Justice. Now at this day comes the defendant in the above entitled cause by W. G. T'Vault, Esq., and moves the Court for leave to file the Transcript of this cause in this Court as of the first day of this Term and Now comes J. H. Reed, Esq., attorney for plaintiff, and shows cause why said transcript should not be filed, and it appearing to the Court that no appeal had been taken or allowed in said cause, It is ordered that said motion be disallowed at the costs of the defendant to be taxed and that execution issue for the same. John Anderson vs. James R. Davis. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by Brenan and Prim, his attorneys, and discontinues this suit. Therefore, it is considered that the defendant recover of the plaintiff his costs and expenses in this behalf sustained to be taxed. Thereupon Court adjourned until tomorrow morning Eight O'clock. November 1, 1856 Saturday Morning, Eight O'clock, November the first, A.D. Eighteen hundred and Fifty-Six. Court met pursuant to adjournment. Present same as yesterday. William J. Allen vs. R. B. Hargadine. Action at law to recover damages. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., his attorney, and the defendant by Reed and Mosher, his attorneys, and the Court having heard the argument of counsel upon the demurrer of the defendant to the amended complaint of the plaintiff, and being of opinion that said complaint is not sufficient in law to enable the plaintiff to have and maintain this action, It is considered that the plaintiff be barred from having or maintaining this action and that the plaintiff [sic] recover of the plaintiff his costs and expenses in this behalf sustained to be taxed. Abel George vs. A. G. Hedden. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by Reed and Mosher, his attorneys, and the defendant by Brenan and Prim, his attorneys, and the defendant by his counsel moves for a Judgment upon his answer against the plaintiff for want of a replication to said answer. Thereupon, the plaintiff Elects to become non Suit. Therefore, it is considered that the defendant recover of the defendant [sic] his costs and expenses in this behalf expended to be taxed. Ann Angel vs. William K. Ish and Horace L. Ish, partners doing business under the firm and Style of Ish and Brother. Action at law to recover money. Now at this day come the defendants in the above entitled cause by J. H. Reed, Esq., their attorney and move the Court upon the affidavit filed to set aside the Judgment for want of answer heretofore rendered in this cause, and now comes the plaintiff by William G. T'Vault, her attorney, and shows cause why said motion should not be allowed. Thereupon, it is ordered that said motion be allowed at the costs of the defendants to be taxed and that this cause be placed at the foot of the Docket and set down for trial this Term. Therefore, it is considered that the plaintiff recover of the defendants her costs and expenses aforesaid. Thomas Hopwood vs. A. D. Helman et al. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by D. M. Kenney, Esq., his attorney, and the defendants by Brenan and Prim, their attorneys. Thereupon comes a Jury, to wit: James Dawson, Aaron Chambers, Levi Tinkham, John Bigham, Justus Wells and Miles F. Alcorn, six good and lawful men of the County who by consent of the parties were duly empaneled and sworn the truth to speak upon the issue Joined between the parties, and the Jury for verdict say that they find the issue for the defendants. Thereupon, it is considered that the plaintiff be barred from having or maintaining this action and that the defendants recover of said plaintiff their costs and expenses in this behalf sustained to be taxed. Thereupon Court adjourned until tomorrow morning, Eight O'clock. November 3, 1856 Monday morning, Eight O'clock, November Third, A.D. Eighteen hundred and fifty-six. Court met pursuant to adjournment. Present same as yesterday. Territory of Oregon vs. William G. T'Vault. Indictment for perjury. Now at this day comes the plaintiff in the above entitled cause by L. F. Mosher, Esq., Special prosecuting attorney, and his associate, J. H. Reed, Esq., and the accused in person and by Cook, Dowell and Brenan and Prim, his attorneys. Thereupon comes a Jury, to wit: Thomas Hopwood, Aaron Chambers, Levi Tinkham, Miles F. Alcorn, Eli K. Anderson, Hugh F. Barron, James Dawson, James Kilgore, Peter E. Miller, Burrel B. Griffin, William Bybee and Thomas H. Clark, twelve good lawful men of the County who were duly empaneled and sworn well and truly to try the issue Joined between the parties, and the Jury for verdict say that they find the accused not guilty. Therefore, it is considered that the plaintiff be barred from having or maintaining this action and that the defendant go hence without day. Now at this day upon cause shown Justus Wells, R. V. Beall, John Bigham, Aaron Chambers, Levi Tinkham, Miles F. Alcorn, James Dawson and Eli K. Anderson are excused from further attendance at this Term as trial Jurors. Thereupon Court adjourned until tomorrow morning, Eight O'clock. November 4, 1856 Tuesday morning, Eight O'clock, November the fourth, A.D. Eighteen hundred and Fifty-six. Court met pursuant to adjournment. Present same as yesterday. James W. Hathaway vs. James R. Poole. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by Reed and Mosher, his attorneys, and the defendant by Brenan and Prim, his attorneys, and the Court having heard the argument of Counsel upon the demurrer of the plaintiff to the answer of the defendant, It is considered that said answer is not sufficient in law to bar the plaintiff from having or maintaining this action, and the defendant, declining to further answer this cause, on motion of the plaintiff is continued to the next Term of this Court for an inquiry of damages. J. B. Wadsworth et al. vs. Walter R. Davis et al. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by Brenan and Prim, their attorneys, and remit so much of the Judgment heretofore rendered in this cause at this Term as exceeds the sum of Eleven hundred [dollars]. Therefore, it is considered that said Judgment be so modified as to allow said plaintiffs to recover only the Sum of said Eleven hundred dollars. T. S. Harris and Thomas Wright, partners trading under the name and Style of Harris and Wright vs. John Miller. Action at law to recover money. Now at this day comes the plaintiffs in the above entitled cause by Reed and Mosher, their attorneys, and the defendant by William G. T'Vault, Esq., his attorney. Thereupon comes a Jury, to wit: William Bybee, Andrew Davidson, John S. Miller, Peter E. Miller, James Kilgore, Thomas H. Clark, William M. Hughes, and Burrel B. Griffin, Eight good lawful men of the County who by consent of the parties were duly empaneled and sworn the truth to speak upon the issue Joined between the parties, and the Jury for verdict say that they find the issue for the plaintiffs and assess their damages by reason of the premises at the sum of Forty-four dollars. Thereupon Court adjourned until tomorrow morning, Eight O'clock. November 5, 1856 Wednesday morning, Eight O'clock, November fifth, A.D. Eighteen hundred and Fifty-six. Court met pursuant to adjournment. Present same as yesterday. T. S. Harris and Thomas Wright, partners trading under the name and Style of Harris and Wright vs. John Miller. Action at law to recover money. Now at this day come he plaintiffs in the above entitled cause by Reed and Mosher, their attorneys, and move the Court to set aside the verdict heretofore found by the Jury in this cause. Then comes the defendant by William G. T'Vault, Esq., and show cause why said motion should not be allowed. Thereupon, it is ordered that said motion be disallowed at the costs of the plaintiffs to be taxed. Therefore, it is considered that the plaintiff recover of the defendant the said sum of forty-four dollars by the Jury assessed as aforesaid. Stephen P. Taylor vs. George T. Vining et al. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., and A. P. Stearns, Esq., his attorneys, and the defendants by Brenan and Prim, their attorneys. Thereupon comes a Jury, to wit: Thomas H. Clark, Hugh F. Barron, Curtis Davenport, Peter E. Miller, William Bybee, William M. Hughes, H. B. Hayes, Joseph Pinkham, William Hensley, E. D. Fisher, J. J. Cozart and George W. Cool, twelve good and lawful men of the County who were duly empaneled and sworn the truth to speak upon the issue Joined between the parties and the Jury for verdict say that they find the issue for the plaintiff and assess his damages by reason of the premises at the sum of Two hundred and Seventy-nine dollars. Therefore, it is considered that the plaintiff recover of the defendants the said sum of Two hundred and seventy-nine dollars, together with his costs and expenses in this behalf sustained to be taxed. Thereupon Court adjourned until tomorrow morning, Eight O'clock. November 6, 1856 Thursday morning, Eight O'clock. November the sixth, A.D. Eighteen hundred and fifty-six. Court met pursuant to adjournment. Present same as yesterday. Ann Angel vs. William K. Ish and Horace L. Ish, partners doing business under the form and Style of Ish & Brother. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., her attorney, and discontinues this cause. Therefore, it is considered that the defendant recover of the plaintiff their costs and expenses in this behalf sustained to be taxed. Ordered that in all cases wherein Judgment has been rendered at this Term, the party entitled to tax and recover the mileage and attendance of witnesses shall be allowed the mileage and attendance of all witnesses called and examined by him unless otherwise specially ordered. Mathias Marvin vs. James B. Denby. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by W. G. T'Vault, Esq., his attorney, and the defendant by J. H. Reed, Esq. and Brenan and Prim his attorneys. Thereupon comes a jury, to wit: Thomas H. Clark, Peter E. Miller, William M. Hughes, James Kilgore, Benjamin F. Elliott, John S. Miller, Hugh F. Barron and Burrel B. Griffin, Eight in number, good and lawful men of the County who by consent of the parties were duly empaneled and sworn The truth to speak upon the issue Joined between the parties, and the Jury for verdict say that they find the issue for the plaintiff and assess his damages by reason of the premises at the Sum of Fifty-four dollars. Therefore, it is considered that the plaintiff recover of the defendant the said sum of Fifty-four dollars together with his costs and expenses in this behalf sustained to be taxed. Thomas L. Turner vs. William G. T'Vault. Judgment at April Term, 1856. Now at this day comes the defendant in the above entitled cause in person, and upon motion filed in vacation, prays the Court to set aside the Execution heretofore issued in that cause and now comes the plaintiff in the above entitled cause by Reed and Mosher, his attorneys, and shows cause why said motion should not be allowed. Thereupon, it is ordered that said motion be disallowed at the costs of the defendant to be taxed. Thereupon Court adjourned until tomorrow morning, Eight O'Clock. November 7, 1856 Friday Morning, Eight O'clock, November the seventh, A.D. Eighteen hundred and Fifty-six. Court met pursuant to adjournment. Present same as yesterday. Now at this day comes J. H. Reed, Esq., an attorney of this Court, and moves that Hartwell L. Preston be admitted to the bar Court, and it appearing to the Court that said Hartwell L. Preston is an attorney of good standing of a Court of record of the state of California, It is ordered that said motion be allowed. Thereupon said Preston on his oath says that he will support the Constitution of the United States and the organic act of this Territory and faithfully demean himself as an attorney at law and solicitor in Chancery of the Court. M. G. Kennedy vs. Adam Linn. Action at law to recover money. Now at this day comes the plaintiff in the above entitled cause by Brenan and Prim, his attorneys, and the defendant by Reed and Mosher, his attorneys, and waive a Jury in this cause and submit the issue of fact to be tried by the Court, and the Court finds that the defendant is indebted to the plaintiff in the sum of One hundred and ninety-nine dollars and sixteen cents by reason of the premises. Therefore, it is considered that the plaintiff recover of the defendant the sum of One hundred and ninety-nine dollars and sixteen cents together with his costs and expenses in this behalf sustained to be taxed. A. V. V. Post et al. vs. Jonas W. Garrison et al. Action at law to recover money. Now at this day comes Hartwell L. Preston, Esq., and J. H. Reed, Esq., attorneys for the defendant Garrison in the above entitled cause and moves the Court, upon affidavit filed, to set aside the Judgment heretofore rendered in this cause and allow said defendant to come in and answer in said cause and now come the plaintiffs in the above entitled cause by Brenan and Prim, their attorneys, and show cause why said motion should not be allowed. Thereupon, it is considered that said motion be continued for further advisement with leave to said defendant to file further affidavits in support of said motion and that the continuance of this motion shall not operate to stay proceedings upon said Judgment. Ordered that the Clerk of this Court provide a large, well-bound notebook in which to make the Journal entries of this Court and that he copy into said Book the Journal entries now of record to be hereafter signed and approved. That said Clerk shall be allowed for said copying by the County commissioners a sum to be hereafter fixed by the Court, not exceeding Twenty-five cents per hundred words. Ordered that the United States Marshal for the District of Oregon pay Michael Brenan, Lycurgus Jackson, Morgan W. Davis and George W. Anderson each [blank] dollars for [blank] days attendance each as Bailiffs on the part of the United States at this Term of Court.
[There is a gap from this point--November
7, 1856 until October 3, 1860.]
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