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.
