Dearborn County Circuit Court Proceedings – Nov 1867

Proceedings of the November 1867 Term of the Dearborn County, Indiana Circuit Court appeared in:

Aurora Commercial – 23 Nov 1867 – Page 1, Column 3

Circuit Court.

On Monday, the 18th inst., the Dearborn Circuit Court met at the Court House, and in the absence of Hon. James M. Wilson, Judge Adkinson opened the Court and charged the Grand Jury.—Judge Wilson appeared and took his seat on the bench Tuesday morning.

The following are names of the Grand Jury, as the list was corrected and sworn in:

  • John Heimburger, Foreman
  • John P. Walker
  • Frederick Slater
  • Edward W. Jackson
  • Ralph Collier
  • Rudolph Moenke
  • Zachariah Sanks
  • Gideon Renner
  • Samuel Freeman
  • William Buchanan
  • John Feist
  • Leonard Harbaugh

The State vs. George Folger—Indictment for carrying concealed weapons.—Trial by jury, and a verdict of acquittal.

The State vs. John B. Vail—Indictment for carrying concealed weapons. Trial by the Court, and a fine of $5 assessed.

The State vs. Omer T. Bailey—Assault and battery.—Plea of guilty, and a fine of $.

Thomas Kyle vs. William H. and Elizabeth Small—Action to foreclose mortgage. Judgment for $2,636.38, foreclosure and sale of land.

Aurora Commercial – 7 Dec 1867 – Page 4, Column 1

Circuit Court.

Since our last report the following cases have been disposed of:

State vs. Elias T. Crosby, forgery—The defendant failing to appear, a forfeiture of his recognizance was taken, and the case continued until the next term.

Daniel Guard vs. the I. & C. R. R.—Judgment for plaintiff for $35.

James P. Chew vs. R. C. Arnold.—Judgment for plaintiff for $23.

George R. Brumblay vs. Samuel S. Webster. Judgment for plaintiff for $106.

David Nevitt vs. Andrew Bartholome. Judgment for the plaintiff for $5 by agreement.

Riley Scaggs vs. Henry Runta and wife. Judgment for plaintiff.

Omer Tousey vs. Wm. Glardon. Judgment for plaintiff.

Same vs. Elizabeth Glardon, for partition. Decree accordingly.

Lawrence Blessing, Admr., vs. E. H. Miller. Judgment for plaintiff for $320.

Boardman & Meloy vs. Joseph H. Hayes. Judgment for plaintiff for $132.

A. W. Robbins vs. Hayes & Hayes. Judgment for plaintiff.

Walls and others vs. Bond & Denton. Judgment for plaintiff for $125.20.

Dalton, et al vs. same defendants.—Judgment for plaintiffs.

John Ewin vs. C. O’Brien. Judgment for plaintiff for $78.

John Hornberger vs. Isaac Dunn and wife. Suit to correct a mistake in a deed, and to reform the same so as to include more ground. The jury found for the plaintiff as to his right to have the deed corrected as to description, but as to his claim to have the deed reformed so as to include more ground, the jury found for the defendants.

The following cases have been dismissed by the plaintiffs:

  • Sebastian Green vs. Jeremiah Crosby.
  • Gilmore vs. Gilmore.
  • Benj. Gerard vs. William Gerard et al.
  • John Hornberger vs. Vail & Vail.
  • Martha A. Kelso vs. Philip Kleinhaus.
  • Sarah C. Miller vs. E. H. Miller.
  • Thos. Posey vs. Joseph H. Hayes.
  • Rees A. Gerard vs. Benj. F. Gerard et al.

State vs. John Allen—charged with larceny. The Prosecutor entered a nolle in each case there being two of them.

State vs. Henry Lancaster—charged with assault and battery, with intent to kill—continued.

State vs. Arthur Mitchel—arson; State vs. James Rawling and James Reed—larceny; and State vs. John Jackson, for rape—were stricken from the docket.

State vs. Lawrence Collins and others, charged with riot. A nolle was entered by the Prosecutor.

State vs. Timothy Murphy; larceny. Fined one dollar, and imprisoned in county jail one month.

State vs. Merhoff; assault and battery. Convicted on two charges, and fined $5 and costs in each case.

On Saturday, the seventh day of the term, the Grand Jury came into Court, and made the following report: We have carefully examined the county jail, and find that it has been well kept, so far as this jury is able to judge, since the last term of this Court; that they have no change or addition to recommend, except in the construction and condition of the water take, which they think might be improved. They have examined a large number of witnesses, and returned fifteen indictments; thereupon they were discharged.

Enoch Guard vs. I. & C. Railroad, for stock killed. Change of venue granted to Franklin county.

State vs. Omer T. Bailey; charged with assault and battery, with intent to kill.—Change of venue to Decatur county.

State vs. Edward Hayes; fornication; and Ellen Farry, for same offence, both of which indictments were quashed.

State vs. Henry; assault and battery; fined $5 and costs.

State vs. Henry Nowlin and Abner Whipple, charged with an affray. Nowlin was fined one dollar and costs, and Whipple one cent and costs.

Cornelius O’Brien and Samuel L. Jones vs. John B. Vail and another. Verdict for plaintiffs.

Divorces were granted in the following cases:

  • Henry Calkins vs. Sarah Calkins.
  • Carrie W. Thompson vs. Sanford W. Thompson.
  • Mary E. Gaston vs. Thomas J. Gaston.
  • John Shehee vs. Catharine Shehee.
  • Wm. H. Langdon vs. Nancy M. Langdon.

Aurora Commercial – 14 Dec 1867 – Page 1, Column 3

Circuit Court.

Since our last report, the following cases have come on for trial:

Barker & Hubbartt vs. Walton; injunction. Granted, and verdict of $75 for plaintiffs.

Simmons, adm’r, vs. Robbins. Verdict for defendant.

Mary Wesler vs. Herman Ferker; action to recover 16 feet of ground in length, by 6 inches in width. Judgement for plaintiff.

State vs. Isam Avey; assault and battery. Fined $5 and costs.

Elizabeth Kelly vs. B. Hammerle; action for slander. Judgment in favor of plaintiff for $75 and costs.

Trustees of M E Church at Wilmington vs. Wm. H. Small; action to recover the amount subscribed by said Small toward the erection of the new church at that place. This case had not terminated at the time of closing of our report.

The Court was to adjourn today.