FIRST COURT

 

(Copied from the circuit court records of October 16, 1837)

 

 

On October 16, 1837, circuit court had its regular meeting at the courthouse at Bolivar, in Bolivar County, Mississippi, the Hon�orable Fred Huling, Judge of the 8th district, presiding. Probate Judge, Joseph McGuire. Francis Patterson, Jr., Sheriff

 

John Thompson, treasurer

Andrew B. Dodd, clerk

James B. Hallam, senator

S. B. Isaac, district attorney

John M. Henderson, representative

 

 

The sheriff reported to the court that he had summoned the following jurors: Francis Patterson, Sr., Merryman Duty, James Thompson, Charles Bell, A. H. Quinn, Archibald Estes, William Elliott, John Loving, C. 1. Field, John Patterson, Hiram Miller, John Dorsey, Charles Drennan, Joseph McGuire, George Robertson, B. F. Perryman, William Dempsey, Felix Seigler, Andrew Longacre, Joel Huntington, Isaac Hudson, Isaac Walker, Larkin Bacon, Orrin Kingsley, W. R. Estill, Mitchell Gillick.

 

From whom were chosen the following grand jurors: Joseph McGuire, Merryman Duty, Joel Huntington, Allen Stokes, Archibald Estill, W. R. Estill, Charles Drennan, James Thompson, John Patterson, Isaac Walker, Francis Patterson, Orrin Kingsley, Felix Seigler, David Day, John Bolls.

 

Being sworn, and receiving their charge, they returned to the courtroom under the care of Samuel Straughan, a sworn officer to present the jury to the court.                 

 

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The first claim was that of Andrew B. Dodd for services rendered the county as clerk in the years 1836 and 1837, amounting to $100. The same was ordered paid by the state treasurer.

 

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       The first case on the docket, recorded in the first book of the minutes of the first court held in the county, was:

 

Merryman Duty V s. Peter Wilkerson

 

This was a civil case and seems to have been for damages. A verdict was rendered for $337.40 by the jury, but was overruled by the court as excessive, and a compromise of $200 was accepted by Merryman Duty. John R. Patterson was bailiff of the jury.

 

       The case of the State vs. John Dorsey was the first murder case on record. It appears that by a special venire sixty jurors were summoned in this case, but only ten of these men could be empanelled, and it being shown to the court that all available men in the county had been summoned and had appeared, and still no jury formed, the prisoner was remanded to jail in Vicksburg, there being no jail in Bolivar County, and bail having been refused. By the request of S. B. Isaacs (the district attorney) Nicholas Coleman, Philander Littel, and John R. Wilson, attorneys, were allowed to assist him.

 

On the calling of the case at the October term, the prisoner was given bond in the amount of $10,000 to the state to appear at the April term of court, 1839. Default was made in appearing at court and bond forfeited. The bondsmen, to the extent of $5,000, were: William C. Dorsey, William S. Rush, William C. Bass and wife, Eliza Bass, and Edward Dorsey. Suits were entered against them.

 

A note on the record opposite the. case in April, 1843, says: "Defendant's death suggested and abated." The cases against the bondsmen were dismissed.

 

 

Other important cases in these early courts were for debt, selling goods on Sunday, playing cards, gambling for money, and stealing slaves.

 

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Rowan Bridges was admitted to the bar in 1855.

Marvin Rowland was very active in county affairs during this period.

The grand jury found some unique true bills: For betting on elections, for selling liquor without license, and for cutting stolen timber.

James Runnell was found guilty of stealing slaves and given ten years in jail.

 


 

 

The first record of a hanging was in the case of "Claiborne, a slave." The time was set for between the hours of ten A.M. and four in the afternoon, the said Claiborne to be hanged for the crime of murder, December 3, 1856.

 

                                                                                                              ***

 

March 1850. The first mileage was allowed. The beneficiaries had to swear in open court and prove their attendance. John C. Burrus was foreman of the grand jury.

 

 

 

NAMES

DAYS

MILES

AMOUNT

Bennett Herndon

3

40

5.25

John McBride

2

16

3.16

Orrin Kingsley

2

26

4.56

C. I. Field

2

32

4.92

Jonathan Ballard

2

70

7.20

George Arnold

2

40

5.24

Llewellyn Lobdell

2

50

1.00

Peter Whitworth

2

50

1.00

Benjamin Jackson

2

50

1.00

John Thompson

2

58

1.48

Isaac Wilkerson

2

46

5.76

Joseph Newman

2

58

1.48

W. H. Peake

2

40

5.24

 

R. V. Thompkins, Judge

 

 

***

 

The following is a list of the first citizens who were naturalized in Bolivar County, together with the legal phraseology of their petitions.

 

Peter Keller to the Judge of the Circuit Court:

 

"Personally appeared in open court Peter Keller, a native of the Duchy of Landum, and the subject of Bierer, king of said duchy, who on oath states that he emigrated to the United States of America in 1839; that he landed in New Orleans on the 11th day of August, 1839. He desires to become a citizen of the United State of America. He renounces his allegiance and fidelity to every foreign king, prince and potentate, and particularly all allegiance to Beirer, King of Landum.

 

"Signed and sworn to, September 19, 1848."

 

***

 

Christopher Horien to J. J. Davenport, Judge of the Circuit Court, April 28, 1851:

 

"Christopher Horien, a native of Wurtzemberg, a kingdom of Germany, this day appeared in open court and made oath that it is his bona fide intention to become a citizen of the United States of America, and to renounce forever all allegiance and fidelity to any foreign prince or potentate, state or sovereignty whatsoever, particularly to William the First, Prince of Wurtzemberg.

 

 "Christopher Horien also made oath in open court that he will support the Constitution of the United States and does entirely renounce and adjure all allegiance to any foreign prince, potentate, state or sovereignty whereby he was before a citizen or subject."

J. J. Davenport, Judge.

 

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October 1852. Henry Meyers (or Maers) a native of Germany, took the oath of allegiance, having resided in the United States five years and in Mississippi one year, and was accorded citizenship papers.

 

Richard Barnett, Judge of the Circuit Court.

 

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 "In the matter of the naturalization of John Ellis.

 

 "John Ellis came to the United States of America March, 1850 a minor, under the age of 21. He begs to become a bona fide citizen of the United States and swears in open court to forever renounce all allegiance and fidelity to any prince, potentate, state sovereignty, whatever, and particularly to Victoria, Queen of the United Kingdom of Great Britain and Ireland, of whom he is a subject. He is hereby invested with citizenship papers."

 J. Shawl Yerger, Judge

 

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The first divorce granted was as recorded October 24, 1853, Christopher Horien vs. Mary Horien.

 

 

 

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