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1882 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 2 1882
Honorable Jno S. Gardner, Presiding

The State vs James Champion - Carrying Concealed Weapons - p. 329
J. N. Suttle prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty and fined $50.00 and costs. Defendant having failed to pay the fine by January 3, he was sentenced to perform hard labor for a term of 20 days to pay the fine and an additional term at $0.30 per day until all costs were paid.

The State vs Charles Barker - Assault and Battery With a Weapon - p. 329-330
Thomas J. Smitherman prosecutor for the State. Moses Holman was to give evidence in this case and failed to appear. He was ordered to pay a bond of $100 to guarantee his appearance at the next term of court.

The State vs Owen A. Dailey - Obtaining Personal Property Under False Pretense - p. 330-331
Thomas J. Smitherman, prosecutor for the State. Defendant requested a trial by jury. Requested was denied. Defendant then entered a plea of not guilty. He was found guilty and fined $5.00 and costs and sentenced to jail for 1 hour. The value of the property was $11.80. The State was to recover this amount from the defendant for the use of Ben _______. On January 3, the defendant entered an appeal to the Circuit Court of Bibb County.



MARCH 6, 1882
Honorable Jno. S. Gardner, Presiding

The State vs Allen Jackson - Using Abusive Insulting or Obscene Language in the Presence of Females - p. 332-333
Thos. J. Smitherman, prosecutor for the State. The defendant had been confined to jail and demanded a trial by jury. Request was refused by the Court. Defendant then entered a plea of not guilty. On the 8th day of March 1882, the Court found him guilty and he was fined $1.00 and costs. Sureties: L. H. Kinnaird, Lucy Cleveland, and Franey/Froney? Cleveland.



MARCH 8, 1882

The State vs Allen Jackson - Adultery or Fornication - p. 333
After hearing the evidence the court was satisfied of the innocence of the defendant and he was discharged.



MAY 1, 1882
Honorable Jno. S. Gardner, Presiding

The State vs Alexander Davidson - Abusive Language - p. 334
T. J. Smitherman, prosecutor for the State. Defendant demanded a trial by jury which was granted. Alabama Borornan?, John Blake and Jimmie Blake, witnesses against Alexander Davidson, agreed to appear at the next term of the Circuit Court to give evidence.



MAY 13, 1882
Honorable Jno S. Gardner, Presiding

The State vs Wm. Mixon - Abusive Language - p. 334
Case dismissed.



JUNE 5, 1882
Honorable Jno. S. Gardner, Presiding

The State vs Alex Hudson - Assault With Intent to Murder - p. 335
After hearing the evidence the Court ordered that the Defendant be bound over in a bond of $2,000 for his appearance at the next term of the Circuit Court to answer an indictment for the of assault with intent to murder if any should be preferred against him by the Grand Jury. Yank Hill and Paratine Hill, witnesses against Alex Hudson, agreed to pay the State $100 if they failed to appear at the next term of the Circuit Court.



JANUARY 3, 1882
Honorable Jno. S. Gardner, Presiding

The State vs Price Carnathan - Injury to Animal - p. 336
Thos. J. Smitherman, prosecutor for the State. Defendant's attorney asked that the Court quash the affidavit preferred in this cause "on the grounds that the signature of the officer before whom said affidavit was made was not signed to said affidavit." Motion was granted.

The State vs Jesse Parker - Injury to Animal - p. 336
Thomas J. Smitherman, prosecutor for the State. Defendant's attorney asked that the Court quash the affidavit preferred in this cause "on the grounds that the signature of the officer before whom said affidavit was made was not signed to said affidavit." Motion was granted.



AUGUST 7, 1882
Honorable Jno. S. Gardner, Presiding

The State vs Price Carnathan - Injury to Animal - p. 338
Thos. J. Smitherman, prosecutor for the State. Defendant asked for a jury trial and was bound over in a bond of $100 for his appearance at the next term of the Circuit Court.

The State vs Price Carnathan - Temporary Use of Animal Without Consent of Owner - p. 338
Thos. J. Smitherman, prosecutor for the State. Defendant asked for a jury trial and was bound over in a bond of $100 for his appearance at the next term of the Circuit Court.

The State vs Jesse Parker - Temporary Use of Animal Without Consent of Owner - p. 338-339
Thomas J. Smitherman, prosecutor for the State. Defendant entered a plea of guilty and was fined $1.00. Surety: S. D. Davidson.

The State vs Jesse Parker - Injury to Animal - p. 339
Case dismissed by the Court.

The State vs William D. Carter - Carrying Concealed Weapons - p. 339
Thos. J. Smitherman, prosecutor for the State. Defendant asked for a trial by jury and was bound over in a bond of $200 for his appearance at the next term of the Circuit Court. Catherine Langley, George Hancock, Tempe Adcock, Elijah Langley, and Lee Hancock, each agreed to pay the State of Alabama $100 if they failed to appear as a witness against William D. Carter at the next term of the Circuit Court.

The State vs William D. Carter - Using Abusive, Insulting, or Obscene Language in Presence of a Female - p. 339-340
Thos. J. Smitherman, prosecutor for the State. Defendant asked for a jury trial and was bound over in a bond of $100 for his appearance at the next term of the Circuit Court. Catherine Langley, George Adcock, Tempe Adcock, Elijah Langley, and Lee Hancock each agreed to pay the State of Alabama $100 if they failed to appear at the next term of the Circuit Court as a witness against William D. Carter.

The State vs Robert Tullors? - Carrying Concealed Weapons - p. 340
Thos. J. Smitherman, prosecutor for the State. Defendant asked for a trial by jury and was bound over in a bond of $100 for his appearance at the next term of the Circuit Court. Catherine Langley, George Adcock, Tempe Adcock, Elijah Langley, and Lee Hancock each agreed to pay the State of Alabama $100 if they failed to appear at the next term of the Circuit Court as a witness against Robert Tullors?.

The State vs Robert Tullors? - Using Abusive, Insulting, or Obscene Language in the Presence of a Female. - p. 340-341
Thos. J. Smitherman, prosecutor for the State. Defendant asked for a jury trial and was bound over in a bond of $100 for his appearance at the next term of the Circuit Court. Catherine Langley, George Adcock, Tempe Adcock, Elijah Langley, and Lee Hancock each agreed to pay the State of Alabama $100 if they failed to appear at the next term of the Circuit Court as a witness against Robert Tullors?.

The State vs William D. Carter and Robert Tullors? - Peace Proceedings - p. 341
Case continued.

The State vs Green Heflin - Unlawfully or Wantonly Killing a Hog, the Property of Henry Parker - p. 341
Thomas J. Smitherman, prosecutor for the State. Defendant entered a plea of not guilty. The Court ordered the defendant discharged "as the testimony showed that the affidavit was not made by T. M. Taylor as the authorized agent of the owner of the property alleged to have been killed."

The State vs Henry P. James - Assault and Battery - p. 341-342
Thos J. Smitherman, prosecutor for the State. Defendant entered a plea of guilty and was fined $1.00 and costs. Surety was John D. James.

The State vs Edmond Lightsey - Decoying Off a Child Under the Age of 12 Years - p. 342
Defendant asked for a trial by jury and was bound over in a bond of $100 for his appearance at the next term of the Circuit Court.

The State vs Harriet Wilson - Using Abusive, Insulting or Obscene Language in Presence of Female - p. 342
Thos J. Smitherman, prosecutor for the State. Defendant asked for a trial by jury and was bound over in a bond of $100 for her appearance at the next term of the Circuit Court.

The State vs Green Heflin - Grand Larceny - p. 343
Thos J. Smitherman, prosecutor for the State. Defendant bound over in a bond for $100 for his appearance at the next term of the Circuit Court.



SEPTEMBER 4, 1882
Honorable Jno. S. Gardner, Presiding

The State vs Wm. D. Carter and Robt Tullers? - Peace Proceedings - p. 344
After hearing the evidence the Court is convinced of the innocence of the defendants and they were discharged.

The State vs Jackson Cleveland - Abusive Language - p. 344
Case continued.

The State vs Emma Brown alias Emma Ward - Assault and Battery - p. 344
Case continued.

The State vs Andrew Wright - Carrying Concealed Weapons - p. 344
Case continued.



OCTOBER 2, 1882
Honorable Jno. S. Gardner, Presiding

The State vs Jackson Cleveland - Abusive, Insulting or Obscene Language - p. 345
Thos J. Smitherman, 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 Jim Suttle - Grand Larceny - p. 345
Case continued until 9 Oct 1882 and J. J. Ricks summoned as a witness for the State.

The State vs Jim Suttle - Grand Larceny - p. 345
Case continued until 9 Oct 1882.

The State vs Andrew Lewis alias Andrew Wright - Immigrant Leaving Service Without Payment of Advances - p. 345
Case continued until 9 Oct 1882 and subpoenas issued for witnesses.

The State vs Andrew Wright - Carrying Concealed Weapons - p. 345-346
Thos J. Smitherman, prosecutor for the State. Tom Buckner and York ____ [actually a blank in the records] failed to appear as witnesses.



OCTOBER 9, 1882

The State vs Andrew Wright - Carrying Concealed Weapons - p. 347
Thos J. Smitherman, prosecutor for the State. Defendant entered a plea of not guilty. He was found guilty by the Court and fined $50 and costs. He was sentenced to perform hard labor for the County for a term of 20 days to pay the fine assessed and an additional term of 198 days at the rate of $0.35 per day to pay the costs.

The State vs Andrew Lewis alias Andrew Wright - p. 347
Case dismissed by the Court.

The State vs James Suttle alias Jim Suttle - Grand Larceny - p. 347-348
Ordered by the Court that the defendant be bound over in a bond of $100 for his appearance at the next term of the Circuit Court to answer an indictment of Grand Larceny.

The State vs James Suttle alias Jim Suttle - Grand Larceny - p. 348
Defendant's attorney asked that the charges be dismissed on the grounds that the warrant did not list an offense. Request was denied.



DECEMBER 4, 1882

The State vs Emma Brown alias Emma Ward - Assault and Battery - p. 349-350
Emma Brown alias Emma Ward failed to appear. Court ordered that the State of Alabama for the use of Bibb County recover of Emma Brown alias Emma Ward, Friday Cleveland, Henry Cleveland, Harrison Smelley and Jacob Smelley the sum of $100 unless they appear at the next term of court and show just cause.

The State vs A. M. Tinsley - Carrying Concealed Weapons - p. 350
Defendant asked for a jury trial and was bound over in a bond of $100 for his appearance at the next term of the Circuit Court.

The State vs A. M. Tinsley - Abusive Language - p. 350
Defendant asked for a jury trial and was bound over in a bond of $100 for his appearance at the next term of the Circuit Court.

The State vs A. M. Tinsley - Assault With a Weapon - p. 350
Defendant asked for a jury trial and was bound over in a bond of $100 for his appearance at the next term of the Circuit Court.

The State vs Geo Hill - Abusive Language - p. 350
Defendant asked for a jury trial and was bound over in a bond of $100 for his appearance at the next term of the Circuit Court.

The State vs Joshua Moore - Assault and Battery - p. 351
Defendant asked for a jury trial and was bound over in a bond of $100 for his appearance at the next term of the Circuit Court.

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