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1879 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 6, 1879
Honorable Thomas J. Smitherman, Presiding.

The State vs Ol Parker and Francis Parker - Adultery or Fornication - p. 260
Case continued by the State.

The State vs A. J. Parmer - Carrying Concealed Weapons - p.260
Case continued by the State.



FEBRUARY 3, 1879
Honorable Thomas J. Smitherman, Presiding

The State vs A. J. Parmer - Carrying Concealed Weapons - p. 261
"In this case the Prosecution appearing to be frivolous and malicious the defendant is discharged."

The State vs Ol Parker and Francis Parker - Adultery and Fornication - p. 261
S. D. Logan, prosecutor for the State. Case dismissed.

The State vs Hawkins Corley - Assault and Battery with a Weapon - p. 261-262
Stephen D. Logan, prosecutor for the State. Defendant entered a plea of not guilty. He was fined $5 and costs. Sureties: W. E. Jones and Williamson Jones.

The State vs Jefferson Steele - Assault and Battery with a Weapon - p. 262
Stephen D. Logan, prosecutor for the State. Defendant entered a plea of guilty. He was fined $5 and costs. Sureties: Samuel Hall and G. W. L. Steele.

The State vs Lafayette Suttle - Carrying Concealed Weapons - p. 262-263
J. L. Peters, prosecutor for the State. Defendant entered a plea of guilty. He was fined $50 and costs. Sureties: J. C. Suttle and J. L. Davidson.

The State vs Eliza Watkins - Assault and Battery with a Weapon - p. 263
J. L. Peters, prosecutor for the State. Defendant entered a plea of not guilty. She was fined $1 and costs. If unable to pay or give security, she was sentenced to 30 days in the county jail. She was given 30 days in which to pay the fine.



MARCH 3, 1879
Honorable Thomas J. Smitherman, Presiding

The State vs James Jones alias Jimmie Jones - Unlawful or Wanton Killing of a Bull - p. 264
Case continued.

The State vs Henry Bishop alias Dock Bishop - Assault and Battery with a Weapon - p. 264
J. L. Peters, prosecutor for the State. Defendant entered a plea of not guilty. He was fined $5 and costs.

The State vs Andrew Contess? - Slander - p. 264
Defendant discharged.



APRIL 7, 1879
Honorable T. J. Smitherman, Presiding

The State vs Lewis Corwell? - Burglary - p. 265
J. L. Peters, prosecutor for the State. "Defendant bound over in a bond of Three Hundred Dollars for his appearance at the next term of the Circuit Court."

The State vs George Howard - Burglary - p. 265
J. L. Peters, prosecutor for the State. "Defendant bound over in a bond of Three Hundred Dollars for his appearance at the next term of the Circuit Court."

The State vs George Howard - Search Warrant - p. 265-266
J. L. Peters, prosecutor for the State. Court ordered that the property described in the affidavit be returned to the claimant and that he pay costs of the proceeding.



APRIL 21, 1879
Honorable Thomas J. Smitherman, Presiding.

The State vs Henry Kersh - Offense of Cutting or Breaking Loose or Carrying Away From Its Landing a Canoe or Boat - p. 267
Case continued.

The State vs Alfred Findley - Offense of Cutting or Breaking Loose or Carrying Away From Its Landing a Canoe or Boat - p. 267
Case continued.

The State vs George Howard - Rehearing to Reduce Bond - p. 267
S. D. Logan, attorney for defendant, filed petition for a new trial so as to reduce the amount of the bond which was set at $300. J. L. Peters, prosecutor for the State. Bond was not reduced and defendant was returned to jail to be confined until the next term of the Circuit Court.



MAY 5, 1879
Honorable Thomas J. Smitherman, Presiding

The State vs James Jones alias Jimmie Jones - Offense of unlawful or Wanton Killing a Bull - p. 268
J. L. Peters, prosecutor for the State. Defendant's attorney moved that the court grant him a trial by jury. Request was granted and defendant gave bond for his appearance at the next term of the Circuit Court.

The State vs Henry Kersh - Offense of Cutting or Breaking Loose from its Landing a Canoe or Boat - p. 268
J. L. Peters, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $20 and costs. Defendant's attorney then asked for a trial by jury. Request was granted and defendant gave bond for his appearance at the next term of the Circuit Court.

The State vs Alfred Findley - Cutting or Breaking Loose from its Landing a Canoe or Boat. - p. 268-269
J. L. Peters, prosecutor for the State. Defendant's attorney moved that the court grant him a trial by jury. Request was granted and defendant gave bond for his appearance at the next term of the Circuit Court.

The State vs Tom Cleveland - Petit Larceny - p. 269
"The State failing to prove that the property stolen was of any value the Defendant was discharged by the Court."



JUNE 2, 1879

The State vs Eli Howard - Assault and Battery - p. 270
J. L. Peters, prosecutor for the State. Defendant entered a plea of guilty. He was fined $1.00 and costs. Surety: Henry Parker.

The State vs Marshall Johnston - Carrying a Concealed Weapon - p. 270
Case continued to the 9th day of June.

The State vs Lewis Simpson - Unlawful or Malicious Injury to Stock - p. 270
After hearing the evidence the Court ordered the defendant discharged.



JUNE 9, 1879
Honorable Thos J. Smitherman, Presiding

The State vs Marshall Johnston - Carrying a Concealed Weapon - p. 271
J. L. Peters, prosecutor for the State. Defendant entered a plea of not guilty. He was fined $50 and costs and confined to the county jail for 20 days.



JULY 7, 1879
Honorable T. J. Smitherman, Presiding

The State vs ________Fuller - Assault and Battery with a Weapon - p. 272
J. L. Peters, prosecutor for the State. Defendant's attorney requested a trial by jury. Defendant entered into a bond for his appearance at the next term of the Circuit Court of Bibb County. Ann Abercrombie, Orange Abercrombie, and D. D. Potts each agreed to pay the State of Alabama $100 if they failed to appear at the next term of the Circuit Court to give evidence against ________ Fuller. Richard Davidson, Lewis Abercrombie, and Steve Abercrombie each agreed to pay the State of Alabama $100 if they failed to appear at the next term of the Circuit Court to give evidence against ____________ Fuller.

The State vs ________Fuller - Assault and Battery with a Weapon - p. 272
J. L. Peters, prosecutor for the State. Defendant by his attorney asked for a jury trial and gave bond in the amount of $100.

The State vs Richmond Davidson and Malinda Fuller - Adultery and Fornication - p. 27 3
J. N. Suttle, prosecutor for the State. Defendants entered a plea of not guilty. They were found guilty and fined $100 each and costs of the proceeding "and to pay said fines each sentenced to thirty days hard labor for the County and to 26 days each hard labor for the County at the rate of 15 cts per day to pay the costs."

The State vs Lee Fuller - Using Abusive or Insulting Language in Presence of Females - p. 273
J. N. Suttle, prosecutor for the State. Defendant entered a plea of guilty. He was fined $1.00 and costs. Sureties: J. S. Gardner and Fred James.

Pratt Kornegay vs Lee Fuller - Proceedings to Keep the Peace - p. 273-274
J. L. Peters, prosecutor for the State. Pratt Kornegay dismissed his cause. Court ordered that Lee Fuller and J. S. Gardner and Fred James, his sureties, pay the court costs.



AUGUST 4 1879
Honorable Thos J. Smitherman, Presiding

The State vs Catherine Countess - Assault and Battery - p. 275
J. N. Suttle, prosecutor for the State. Defendant entered a plea of guilty. She was fined $5 and the costs of the proceedings. Sureties: Sampson Countess, Young Countess, and A. J. Countess.

The State vs Martin Steele - Disturbing Religious Worship - p. 275-276
J. N. Suttle, prosecutor for the State. Defendant entered a plea of guilty. He was fined $20 and costs. Sureties: Jesse Miller, Jr., and Peter Dover.

The State vs Martin Steele - Disturbing Religious Worship - p. 276
J. N. Suttle, prosecutor for the State. Defendant entered a plea of guilty. He was fined $20 and court costs. Sureties: Jesse Miller, Jr., and Peter Dover.

The State vs Martin Steele - Using Abusive Language in the Presence of Females - p. 276-277
J. N. Suttle, prosecutor for the State. Defendant entered a plea of guilty. He was fined $5.00 and costs. Sureties were Jesse Miller, Jr., and Peter Dover.

The State vs Peter Dover - Using Abusive Language in the Presence of Females - p. 277
J. N. Suttle, prosecutor for the State. Defendant entered a plea of guilty. He was fined $5.00 and costs. Sureties: Jesse Miller, Jr., and Martin Steele.

The State vs Peter Dover - Disturbing Religious Worship - p. 277-278
J. N. Suttle, prosecutor for the State. Defendant entered a plea of guilty. He was fined $20 and costs. Sureties: Jesse Miller, Jr., and Martin Steele.

The State vs Peter Dover - Carrying Concealed Weapons - p. 278
J. N. Suttle, prosecutor for the State. Defendant entered a plea of guilty. He was fined $50 and costs. Sureties: Jesse Miller, Jr., and Martin Steele.

The State vs James Holmes - Assault With Intent to Murder - p. 278
J. N. Suttle, prosecutor for the State. Defendant gave bond for his appearance at the next term of the Circuit Court.

AUGUST 23, 1879
Honorable Thos J. Smitherman, Presiding

The State vs Noah Duff - Adultery or Fornication - p. 279
J. L. Peters, prosecutor for the State. Defendant asked for a jury trial. Defendant gave bond of $200 for his appearance at the next term of the Circuit Court.



SEPTEMBER 1, 1879
Honorable Thomas J. Smitherman, Presiding

The State vs Jack Brown alias Jack Lightsey - Failing to Work on Public Road - p. 280
Case continued.

The State vs Wes Hill - Disturbing Religious Worship - p. 280
J. L. Peters, prosecutor for the State. Defendant entered a plea of guilty. He was fined $20 and costs. Sureties: John T. Edmonds, J. S. Young, and Charles Duke.

The State vs Charles Duke - Disturbing Religious Worship - p. 281
J. L. Peters, prosecutor for the State. Defendant entered a plea of guilty. He was fined $20 and costs. Sureties: John T. Edmonds, J. S. Young, and Wes Hill.

The State vs Sam Howard - Petit Larceny - p. 281-282
J. N. Suttle, prosecutor for the State. Defendant entered a plea of guilty. He was fined $5.00 and costs. Upon failing to pay his fine and the costs he was sentenced to hard labor for the county for 25 days at the rate of $0.21 per day and an additional term at the rate of $0.20 per day until all the costs are paid.



SEPTEMBER 19, 1879
Honorable Thomas J. Smitherman, Presiding

The State vs Tom Moore - Carrying Concealed Weapons - p. 282
J. N. Suttle, prosecutor for the State. Defendant entered a plea of guilty. He was fined $50 and costs. Upon failing to pay his fine and the costs he was sentenced to hard labor for the county for 20 days and additional hard labor at $0.15 per day until costs were paid.

The State vs Tom Moore - Carrying Concealed Weapons - p. 282-283
Case dismissed.



OCTOBER 6, 1879
Honorable Thos J. Smitherman, Presiding

The State vs Jack Brown alias Jack Lightsey - Failure to Work on Public Road - p. 283
J. N. Suttle, prosecutor for the State. Defendant asked for a jury trial and gave bond of $100 for his appearance at the next term of the Circuit Court.

The State vs Russ Howard - Assault and Battery - p. 283
J. N. Suttle, prosecutor for the State. Defendant asked for a jury trial and gave bond of $100 for his appearance at the next term of the Circuit Court. Charles James, James Avery, Albert Mayberry, and Mat James agreed to pay the State of Alabama $100 each if they failed to appear in court to give evidence against Russ Howard.

The State vs Lewis Avery - Unlawful or Wantonly Killing a Hog - p. 284
J. N. Suttle, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $20 and costs. Defendant then demanded an appeal.

The State vs Miles Parker - Unlawful or Wantonly Killing a Hog - p. 284
J. N. Suttle, prosecutor for the State. Defendant asked for a jury trial. Case to be heard at the next term of the Circuit Court.

The State vs Jonas Kennedy - Using Abusive, Insulting, or Vulgar Language in the presence of Females - p. 284-285
J. N. Suttle, prosecutor for the State. Defendant entered a plea of guilty. His fine was assessed at $1.00 and costs. Edward Kennedy acted as his surety.

The State vs Jos. Countess - Carrying a Concealed Weapon - p. 285
J. N. Suttle, prosecutor for the State. Defendant entered a plea of guilty. He was fined $50 and costs and in default of the payment of the fine and costs or security given, it was ordered by the Court that the said Jos. Countess be sentenced to a term of 20 days hard labor at the rate of $0.20 per day to pay the fine and additional hard labor for the county until all the costs were paid.



NOVEMBER 21, 1879
Honorable Thomas J. Smitherman, Presiding

The State vs Elbert Parker - Selling Mortgaged Property - p. 286
J. L. Peters, prosecutor for the State. Defendant entered a plea of guilty. He was fined $1.00 and costs. Surety: J. L. Davidson.

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