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1881 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 3, 1881
Honorable John S. Gardner, Presiding

The State vs Lucy James - Assault and Battery With a Weapon - p. 304
J. N. Suttle, prosecutor for the State. Defendant entered a plea of guilty and was fined $0.01 and costs. Surety: J. T. Avery.

The State vs Elias Davidson - Assault and Battery With a Weapon - p. 304-305
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 Circuit Court.

The State vs Abe Moore - Removing Mortgaged Property - p. 305
E. Meyer, prosecutor for the State, asked that this case be dismissed and he would pay court costs.



FEBRUARY 7, 1881
Honorable Jno. S. Gardner, Presiding

The State vs Henry Jupiter? - Assault and Battery With a Weapon - p. 305-306
J. L. Peters, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $15 and costs. Surety: Ed Stanley.

The State vs Leo Thompson - Assault and Battery With a Weapon - p. 306
J. L. Peters, prosecutor for the State. Defendant asked for a trial by jury and gave bond of $100 for his appearance at the next term of the Circuit Court.

The State vs Abner Clark alias Ab Clark - Assault and Battery - p. 306
On motion of J. L. Peters case dismissed.

The State vs Anderson Clark alias Yank Clark - Assault and Battery - p. 307
After hearing the evidence the court was convinced of his innocence and ordered him discharged.



MARCH 7, 1880
Honorable Jno. S. Gardner, Presiding

The State vs Leo/Len? Thompson - Assault and Battery With a Weapon - p. 307
J. N. Suttle, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $5.00 and costs. Defendant demanded an appeal to the Circuit Court and entered into a bond for $150 for his appearance at the next term of the Circuit Court.

The State vs William Griffin and America Griffin alias Mollie Griffin - Assault and Battery - p. 308
J. N. Suttle, prosecutor for the State. Defendants demanded an appeal to the Circuit Court and entered into a bond for $200 for their appearance at the next term of the Circuit Court.

The State vs Dave Wilson - Assault and Battery - p. 308
J. N. Suttle, prosecutor for the State. Defendant entered a plea of guilty and was fined $5.00 and costs. Sureties: John Wilson and Alexander Avery.



APRIL 4, 1881
Honorable Jno. S. Gardner, Presiding

The State vs Manley Gray - Selling Property Under a Lien - p. 309
Case continued because of the absence of the witnesses.



MAY 2, 1881
Honorable Jno S. Gardner, Presiding

The State vs E. M. Gnibor? - Defamation - p. 309
J. N. Suttle, prosecutor for the State. Case dismissed.

The State vs Dave Bernhard - Assault and Battery - p. 309
J. N. Suttle, prosecutor for the State. Defendant demanded a trial by jury which was refused by the Court. Case continued.

The State vs Jane Davidson - p. 310
J. N. Suttle, prosecutor for the State. Defendant entered a plea of guilty and was fined $1.00 Surety: S. W. Davidson.

The State vs Price Conathan - Petit Larceny - p. 310-311
J. N. Suttle, prosecutor for the State. Defendant demanded a trial by jury which was refused by the Court. The defendant accepted the decision of the court and entered a plea of not guilty. He was found guilty and fined $6.00, half to go to the owner of the property, and costs. Defendant by his attorney appealed to the Circuit Court and entered into a bond of $100 for his appearance at the next term of the Circuit Court. Surety: S. W. Davidson.

The State vs Lucy James - Assault and Battery with A Weapon - p. 311
J. N. Suttle, prosecutor for the State. Defendant entered a plea of not guilty. She was found guilty by the court and fined $1.00 and costs. Payment apparently not made. She was sentenced to hard labor for the county for 10 days to pay the fine and additional term for the County at the rate of $0.15 per day until all costs were paid.

The State vs Manley Gray - Removing or Selling Property Under Lien - p. 311-312
B. F. Glass and Joe McPherson were summoned to appear as witnesses on behalf of the State and failed to appear. They were fined $50 each unless they appear at the next term of the County Court and show good and sufficient cause.



JUNE 6, 1881
Honorable John S. Gardner, Presiding

The State vs Manley Gray - Selling Personal Property on Which There Was a Lien.
Defendant entered a plea of not guilty. Court found probable cause and the defendant was bound over for his appearance at the next term of the Circuit Court.

The State vs Georgia Parker - Assault and Battery With a Weapon - 312-313
T. J. Smitherman, prosecutor for the State. Defendant entered a plea of not guilty. Defendant was found guilty by the court and fined $1.00 and costs. Sureties: Charley Parker, Green Calhoun, and Lewis McSpadden. Later list of sureties read Charley Parker, Lewis McSpadden, and Green Davidson.

The State vs Da__ Bernhard - Assault and Battery - p. 313
J. N. Suttle, prosecutor for the State. The court found that the affidavit in this case charged the defendant of having assaulted and beat Lizzie Howard and it should have read Lizzie Harris. With the consent of the defendant the affidavit was amended. The defendant then entered a plea of not guilty. After hearing the evidence the court found him guilty and he was fined $1.00 and costs. The defendant demanded an appeal to the Circuit Court which was granted. He gave bond of $200 for his appearance at the next term of the Circuit Court.

The State vs B. F. Glass and Joe McPherson - Defaulting Witnesses - p. 314.
Cost paid and forfeiture set aside.



JUNE 30, 1881
Honorable Jno. S. Gardner, Presiding

The State vs Sam Ward - Abusive, Insulting, or Vulgar Language in Presence of Females - p. 314
T. J. Smitherman, prosecutor for the State. Defendant entered a plea of guilty and was fined $1.00 and costs. Sureties: R. H. Pratt and W. F. Thompson.



JULY 4, 1881
Honorable John S. Gardner, Presiding

The State vs Sam Parker - Selling or Removing Personal Property Under a Lien or Mortgage - p. 315
Defendant was required to enter into a new bond for his appearance at the next term of court on the grounds that all the sureties except one on the bond approved on the 29th June 1881 were not householders and freeholders as required by law.

The State vs Jim Parker - Selling or Removing Personal Property Under a Lien or Mortgage - p. 315
Defendant was required to enter into a new bond for his appearance at the next term of court on the grounds that all the sureties except one on the bond approved on the 29th June 1881 were not householders and freeholders as required by law.

The State vs Jim Parker - Selling or Removing Personal Property Under a Lien or Mortgage - p. 315-316
Defendant was required to enter into a new bond for his appearance at the next term of court on the grounds that all the sureties except one on the bond approved on the 29th June 1881 were not householders and freeholders as required by law.

The State vs Jim Howard - Selling or Removing Personal Property Under a Lien or Mortgage - p. 316
Defendant was required to enter into a new bond for his appearance at the next term of court on the grounds that all the sureties except one on the bond approved on the 29th June 1881 were not householders and freeholders as required by law.

The State vs Emanuel Howard - Selling or Removing Personal Property Under a Lien or Mortgage - p. 316
Defendant was required to enter into a new bond for his appearance at the next term of court on the grounds that all the sureties except one on the bond approved on the 29th June 1881 were not householders and freeholders as required by law.



JULY 5, 1881

The State vs Da__ Wilson - Assault and Battery - p. 317
T. J. Smitherman, prosecutor for the State. Defendant entered a plea of guilty and was fined $10.00 and costs. Since fine and costs were not paid, defendant was sentenced to perform hard labor for 10 days at the rate of $0.30 per day to pay the fine and additional term of hard labor for the county at the rate of $0.30 per day until all costs were paid.

The State vs Da__ (Dave?) Wilson - Using Abusive, Insulting, or Vulgar Language in Presence of Females - p. 317
T. J. Smitherman, prosecutor for the State. Defendant entered a plea of guilty and was fined $20.00 and costs. Since fine and costs were not paid, defendant was sentenced to hard labor for 10 days at the rate of $0.30 per day to pay the fine and an additional term at the rate of $0.30 per day until all costs were paid.

The State vs Jim Parker - Conveying Personal Property Under a Lien or Mortgage - p. 318-319
T. J. Smitherman, prosecutor for the State. Defendant asked the Court to set aside a former order continuing this case to the first Monday in August 1881, and to grant him a trial on the grounds that he was confined to jail and unable to give bail. Motion was granted by the Court. Defendant entered a plea of guilty to the offense of petit larceny and admitted the value of the property conveyed by him to be $25.00. Court ordered him to pay a fine of $1.00 and costs to the State of Alabama. It was furthered ordered that the State of Alabama recover of Jim Parker the sum of $25 for the use of C. W. Cary, the person who held the lien or mortgage on the property. Apparently he was unable to pay the fine and was sentenced to 10 days at hard labor at the rate of $0.30 per day to pay the fine and additional term of hard labor for the County of Bibb at the rate of $0.30 per day until the value of the property and all costs were paid.

The State vs Jim Howard - Conveying Personal Property Under a Lien or Mortgage - p. 320-321
T. J. Smitherman, prosecutor for the State. Defendant asked the Court to set aside a former order continuing this case to the first Monday in August 1881, and to grant him a trial on the grounds that he was confined to jail and unable to give bail. Motion was granted by the Court. Defendant entered a plea of guilty to the offense of petit larceny and admitted the value of the property conveyed by him to be $25.00. Court ordered him to pay a fine of $1.00 and costs to the State of Alabama. It was furthered ordered that the State of Alabama recover of Jim Howard the sum of $25 for the use of C. W. Cary, the person who held the lien or mortgage on the property. Apparently he was unable to pay the fine and was sentenced to 10 days at hard labor at the rate of $0.30 per day to pay the fine and additional term of hard labor for the County of Bibb at the rate of $0.30 per day until the value of the property and all costs were paid.



AUGUST 1, 1881
Honorable J. S. Gardner, Presiding

The State vs Cylva Smelley - Assault and Battery With a Weapon - p. 321-322
T. J. Smitherman, prosecutor for the State. Defendant entered a plea of guilty and was fined $1.00 and costs. Sureties: Friday Cleveland, Lewis Cleveland, Henry Smelly, and Harrison Smelly.



AUGUST 2, 1881

The State vs Babs? Howard - Selling or Disposing of Personal Property Under Lien or Mortgage - p. 322
T. J. Smitherman, prosecutor for the State. Defendant was bound over in a bond of $200 for his appearance at the next term of the Circuit Court.



AUGUST 1, 1881

The State vs Sam Parker - Selling or Disposing of Personal Property Under a Lien or Mortgage - p. 322
T. J. Smitherman, prosecutor for the State. Defendant entered a plea of not guilty. After hearing the evidence, the Court ordered him bound over in a bond of $200 for his appearance at the next term of the Circuit Court.



AUGUST 3, 1881

The State vs Stephen Abercrombie - Petit Larceny - p. 322-323
T. J. Smitherman, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $5.00, sentenced to jail for one-half hour, and costs. Surety: Dr. C. L. Woolley.



AUGUST 2, 1881

The State vs Samuel Latham alias Sam Latham - Assault and Battery With a Weapon - P. 323-324
Thomas J. Smitherman, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $10.00 and costs. The defendant demanded an appeal to the Circuit Court of Bibb County and a trial by jury. Appeal was granted and the defendant was to enter into a bond of $150 for his appearance at the next term of the Circuit Court. On August 4, 1881, the defendant had failed to enter into said bond and the court ordered he be sentenced to a term of 10 days hard labor at the rate of $0.30 per day to pay the fine and additional term of 160 days for the County of Bibb at the rate of $0.30 per day to pay the costs.



AUGUST 4, 1881

The State vs Loucinda Ross, Ann Elliott, and Della Ross - p. 324
"On motion of the Prosecutor this cause was placed on the Docket before the arrest was made and dismissed."



AUGUST 23, 1881
Honorable Jno. S. Gardner, Presiding

The State vs Jasper Moore - Assault and Battery With a Weapon - p. 324-325
Thomas J. Smitherman, prosecutor for the State. Defendant entered a plea of guilty and was fined $1.00 and costs. Sureties: James M. Moore and C. J. Stewart.

The State vs Jasper Moore - Assault and Battery With a Weapon - p. 325
Thomas J. Smitherman, prosecutor for the State. Defendant entered a plea of guilty and was fined $5.00 and costs. Sureties: J. M. Moore and C. J. Stewart.



SEPTEMBER 5, 1881
Honorable Jno. S. Gardner, Presiding

The State vs John Smitherman - Assault and Battery With a Weapon - p. 326
Thos. J. Smitherman, prosecutor for the State. Defendant entered a plea of not guilty. After hearing the evidence the Court was convinced of his innocence, and he was discharged.

The State vs Jack Cleveland - Assault and Battery With a Weapon - p. 326
Thomas J. Smitherman prosecutor for the State. Defendant entered a plea of guilty and was fined $1.00 and costs. Sureties: J. M. Langston and J. D. Langston.



OCTOBER 3, 1881
Honorable Jno. S. Gardner, Presiding

The State vs Abram Griffin alias Abe Griffin - Assault and Battery With a Weapon - p. 327
T. J. Smitherman prosecutor for the State. Defendant entered a plea of guilty and was fined $1.00 and costs. On October 8, the defendant had failed to pay the fine and costs and was sentenced to hard labor for 10 days at the rate of $0.30 per day to pay the fine and an additional term of ____ days at the rate of $0.30 per day to pay the costs.



OCTOBER 8, 1881

The State vs Abe Griffin - Carrying Concealed Weapons - p. 327-328
Thos. J. Smitherman prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty by the Court and fined $50.00 and costs. He was sentenced to 20 days hard labor at the rate of $0.30 per day to pay the fine and additional term of 168½ days hard labor at the rate of $0.30 per day to pay the costs.



NOVEMBER 14, 1881
Honorable Jno. S. Gardner, Presiding

The State vs Adaline Davidson - Assault and Battery - p. 328
After hearing the evidence the Court was convinced of her innocence and she was discharged.

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