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1878 Criminal Court Minutes

Compiled in August 1993 and submitted by Jacquelyn Cox Otts

Note: The Criminal Court Minutes, 1877-84 are included in the same book as the County Court Minutes 1838-50. The information entered in the book is limited. Below is information on some of the cases recorded.

JANUARY 7, 1878
Honorable Thomas J. Smitherman, Presiding

The State vs Alexander Clark - Using Abusive or Insulting Language in the Presence of Females - p. 233
Stephen D. Logan, Esquire, prosecutor for the State. Defendant entered a plea of not guilty. Court found defendant not guilty.

The State vs Robert Yates - Using Abusive or Insulting Language in the Presence of Females - p. 233
Stephen D. Logan, Esquire, prosecutor for the State. Defendant entered a plea of not guilty. Court found defendant not guilty.

The State vs Drayton Comwell - p. 234
Stephen D. Logan, Esquire, prosecutor for the State. Defendant entered a plea of not guilty. Court found defendant guilty and fined him $5.00 and court costs.



JANUARY 9, 1878

The State vs The Gipsies - p. 234
Case dismissed at the request of J. L. Peters as prosecutor for the State.

The State vs The Gipsies - Trading After the Hour of Sunset and Before the Hour of Sunrise - p. 234
Case dismissed by request of J. L. Peters, prosecutor for the State.



JANUARY 8, 1878

The State vs S. P. Kornegay - Assault with a Weapon - p. 235
Stephen D. Logan, prosecutor for the State. J. L. Peters, attorney for the defendant. Defendant entered a plea of not guilty. After hearing the testimony, the court found the defendant guilty and assessed his fine at $10 and court costs. Sureties: John W. Kornegay, Henry Cox, B. J. Murphy, Daniel Kornegay.

The State vs George Munroe - Burglary - p. 235-236
Stephen D. Logan, prosecutor for the State. Defendant entered a plea of not guilty. Defendant found guilty by the court and ordered bound over in a bond of $250 for his appearance at the next term of the Circuit Court.

The State vs George Howard - p. 236
Charged with burglary. Evidence not sufficient to bind the defendant over to the next term of the Circuit Court. Court ordered that he be discharged.



JANUARY 9, 1878

The State vs Mary Cooper - Obtaining Money Under False Pretenses - p. 236-237
J. L. Peters, prosecutor for the State. Defendant entered a plea of not guilty. Defendant found guilty by the court and fined $50 and 1 hour in jail.



JANUARY 7, 1878

The State vs Wyatt Shropshire - Petit Larceny - p. 237
S. D. Logan, prosecutor for the State. Defendant entered a plea of not guilty. Found guilty and fined $14, the value of the property stolen. The defendant's attorney, J. L. Peters, moved the court set aside the judgment and grant the defendant a new trial on the grounds that he had witnesses who could prove his innocence. Defendant was granted a new trial to be held in February 1878.



FEBRUARY 4, 1878
Honorable T. J. Smitherman, Presiding

The State vs Pearce Cox - p. 239
S. D. Logan, prosecutor for the State. Defendant entered a plea of guilty to the charge in the indictment by the Grand Jury during the Fall Term 1873 of the Circuit Court. Fined $1.00 and court costs.

The State vs Newton Mobley - Assault and Battery With a Weapon - p. 239
Defendant was found guilty by the court and fined $1.00 and court costs. Newton Mobley then demanded a trial by jury. Request granted after a bond was entered into. Newton Mobley, R. S. Harris, and J. P. Taylor agreed to pay the State of Alabama $100 if Newton Mobley failed to appear at the next term of the Circuit Court.



MARCH 4, 1878
Honorable T. J. Smitherman, Presiding

The State vs D. F. Anders - Using Abusive Language in the Presence of Females - p. 241-242
Defendant entered a plea of guilty and was fined $1.00 and court costs. Sureties: William R. A. Burt, Thos. Robbins, James Williams, Levi Williams.

The State vs D. F. Anders - Petit Larceny - p. 242
Defendant entered a plea of not guilty. Court found the defendant guilty and fined him $10 and $1.00, the value of the property stolen, and court costs. Sureties: Wm. R. A. Burt, Thos. Robbins, James Williams, Levi Williams.

The State vs James Avery - p. 243
S. D. Logan, prosecutor for the State. Defendant's counsel moved that the court quash the affidavit on the ground that it does not contain the name of the party assaulted. Court granted the motion and ordered that the defendant be bound over in a bond of $100 for his appearance at the next term to answer a new affidavit if any should be preferred against him.

The State vs James Cates - Assault and Battery with a Weapon - p. 243
After hearing the evidence the court found the defendant innocent.



APRIL 1, 1878
Honorable Thomas J. Smitherman, Presiding

The State vs James Avery - p. 245
Defendant entered a plea of not guilty. Court found him guilty and assessed his fine at $5.00 and court costs. Sureties: J. D. Cooper, Oliver Parker, Pleasant Avery, Miles Parker.



MAY 6, 1878
Honorable T. J. Smitherman, Presiding

The State vs Russ Howard - Assault and Battery with a Weapon - p. 247
S. D. Logan, prosecutor for the State. Defendant entered a plea of guilty and was fined $5.00 and court costs. Sureties: J. D. Cooper, William McNeal, George Howard.

The State vs Edmund Findley - Petit Larceny - p. 248
J. L. Peters, prosecutor for the State. Defendant entered a plea of not guilty. Court found him guilty and his punishment was set at $1.00 fine, $0.10, the value of the property stolen, 1 hour in jail, and court costs. Surety: E. H. Moren?.

The State vs Fred James - Affray - p. 249
S. D. Logan, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $5 and court costs. Securities: T. W. Peters, C. F. James, and Henry Peters.

The State vs Wm Kemp - p. 249-250
S. D. Logan, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $5 and court costs. Security: R. S. Harris.

The State vs Turner Cleveland - p. 250
Court satisfied of the defendant's innocence.



JULY 1, 1878
Honorable Thomas J. Smitherman, Presiding

The State vs James Cottingham - Assault and Battery with a Weapon - p. 251
J. L. Peters, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $1.00 and costs incurred.



SEPTEMBER 2, 1878

The State vs Lucrecia/Lucretia J. Avery - Assault and Battery with a Weapon - p. 252
J. N. Suttle, prosecutor for the State. Defendant entered a plea of not guilty. Defendant found guilty and fined $5.00 and court costs. Securities: Richard Avery and Lee Avery.

The State vs L. W. Massengill - Hog Killing - p. 252-253
J. N. Suttle, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $15 and court costs. Security: J. L. Lightsey. One half of the fine to go to the owner of the property--Jesse Parmer.



SEPTEMBER 3, 1878
Honorable Thomas J. Smitherman, Presiding

The State vs Eli Weeks - Petit Larceny - p. 253
J. N. Suttle, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and sentenced to 10 days hard labor and additional at the rate of $0.20 per day until all the costs were paid.

The State vs Amanda McDemont - Assault and Battery with a Weapon - p. 253
J. N. Suttle, prosecutor for the State. Defendant entered a plea of not guilty. She was found guilty and fined $1.00 and court costs.

The State vs Manerva J. Avery - Assault and Battery with a Weapon - p. 254
Case dismissed by the solicitor.

The State vs Susan Ann Avery - Assault and Battery with a Weapon - p. 254
J. N. Suttle, prosecutor for the State. Defendant entered a plea of guilty. She was fined $5.00 and court costs. Securities: Wm McNeal and Simon (marked through and Sam written above it) Avery.



OCTOBER 8, 1878
Honorable Thomas J. Smitherman, Presiding

The State vs Thomas James - Assault and Battery with a Weapon - p. 255.
Stephen D. Logan, prosecutor for the State. Defendant entered a plea of guilty. He was fined $1.00 and court costs (in another sentence it says the fine was $5.00). Security: William Duff.



OCTOBER 28, 1878

The State vs Lewis Fulton - Carrying Concealed Weapons - p. 257
J. N. Suttle, prosecutor for the State. Defendant asked that case be dismissed on the grounds that the affidavit did not state when this alleged offense was committed. Court ordered that defendant be bound over to answer a new affidavit if any should be preferred against him.

The State vs Lewis Fulton - Carrying Concealed Weapons - p. 257
J. N. Suttle, prosecutor for the State. Defendant entered a plea of not guilty. He was fined $50 and court costs and sentenced to hard labor at the rate of $0.20 per day until the fine and costs of proceedings were paid.



NOVEMBER 4, 1878
Honorable T. J. Smitherman, Presiding.

The State vs L. W. Massingill - Assault and Battery with a Weapon preferred by E. Meyer. - p. 258
Defendant was discharged.



DECEMBER 2, 1878

The State vs Ol Parker - Assault and Battery with a Stick, preferred by Nancy Ann Parker - p. 259
"In this case the prosecution appearing to be malicious and frivolous the costs are taxed against Nancy Ann Parker in a case of assault as the testimony showed that no weapon was used." Security for Nancy Ann Parker was Oliver Parker.

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