State vs Joseph Looney

State vs. Joseph Looney Box 12, file 105
Polk County, Missouri,

The State of Missouri

To the Sheriff of Polk County, Greeting

Whereas the State of Missouri on the 22 April in the year 1872 at our circuit Court have recovered against Joseph Looney Judg’t for fine & costs which fine and costs have been paid save the amount herein endorsed tax at the sum of 425.30 Dollars.

These are, therefore, to commands you as heretofore that the goods and chattels and real estate of the said Joseph Looney you cause to be made the said costs; and that you have the same before the Judge of said Court, to commence and be holden that Courthouse in Bolivar on 3rd Monday in April next, to satisfy the costs aforesaid; and that you certify how you execute this writ.

In Testimony Whereof, I, W.L. Snodgrass, Clerk of the Circuit Court within and for the County of Polk have hereto subscribed my name and affixed the seal of said Court, at office Bolivar this 29 December 1874.

[2nd page]

I Executed this within Writ in Polk County Mo. on the 19th day of March 1875 by Levying on and seizing all the right, title and interest that the within named Defendant Joseph Looney has of in and to the following described Real Estate situate[d] in the county of Polk and sate of Missouri to wit W½ of Lot 3 NE ¼ Section 5 and E½ Lot 3 NE¼ Section 6 Township 34 Range 22 or so much thereof as will be sufficient to satisfy the written Execution and costs.

Thomas Greer, Shff

the within Execution is returned satisfied in full paid off by R.J. Chappell April 21, 1875.

No. 345 Page 102

State of Mo

(Entered)

vs. Alias Execution

Joseph Looney

Clerk R.H. Leigh resign party $6.15

Dunnegan Shff $2.67

J.W. Irwin $1.00

R.W. Kelly $2.44

W.M. Logan $2.12

Tim Freeman $2.44

R. Greer Shff rec’d his Payment $2.48

J. Dennis Rr $6.00

attest $25.30

W.L. Snodgrass come to hand Jan 4, 1875

Thomas Greer, Sheriff

T.H.B Dunnegan

You are hereby commanded to be and appear before the Honorable Judge of our Polk County Circuit Court, at the Court House, in the town of Bolivar, in said county on the 9 day of this term of said court, which did commence on the 3rd Monday in October A.D. 1874 then and there to testify and the truth to speak in a cause then and there pending, wherein the State of Missouri is Plaintiff, and Joseph Looney is Defendant, on the part of the said plaintiff.

Hereof fail not under penalty of law.

W.L. Snodgrass, Clerk

By Robert W. Leith, D.C.

State of Missouri plff.

vs.

Joseph Looney, deft.

Now comes R.J. Chappell and states to the court that on the 23d day of July 1872 said Joseph Looney the deft. herein mortgaged to him sd. R.J. Chappell certain land situated the Count of Polk, Mo., to wit W½ Lot 3 NW¼ & E½ Lot 3 NE¼ sec 6 T. 34 R 22 & that afterwards said premises were sold under said mortgage to pay the debt secured thereby and purchased by one Leander Lee who received a deed therefore & afterwards conveyed the same to this petitioner who thereby became the owner thereof. That afterward a capias execution was issued against said def’t from the Clerk’s office of this court for the sum of ten dollars as fine in this cause & all costs when the truth is that previous to the issuance of said capias execution said fine & costs on the greater part thereof had been paid by said deft.

[new page] That said capias execution was delivered upon said premises & the same was at this time of the court sold to pay said fine & costs and was purchased by one A.A. Underwood who was & is atty. for said deft. in an action of ejectment then pending in this court by your petitioner against said Looney, deft, that it was sold for the price & sum of sixteen dollars when said premises were of great value, to sit: of the value of three hundred dollars.

That said purchase was so made to defeat this petitioner said ejectment suit because said judgment — were — to said mortgage & was so made by said atty. for deft for that purpose.

That is any part of said fine and costs is not not [sic] paid this petitioner is now ready & willing to pay the same & offers hereto do so if said sale & deed so made by the Sheriff to said A.A. Underwood is set aside & annulled.

Wherefore you petitioner asks that said sale of said premises by the sheriff under said capias Execution & the deed made thereunder by be set aside & held for naught because the same was so made in fraud of your petitioner & to deprive him of his rights to said premises.

Jno W. Ross,

Atty. for Chappell

Sheriff’s Report of Sale Under General Execution

I, Robert Greer, Sheriff of Polk County, Missouri, hereby certify that in compliance with the command of the within annexed execution, having prior to the say of sale, hereinafter mentioned, given at last twenty days notice of the time, terms and place of sale together with a description of the real estate to be sold, and where situation, as the law directs, by publishing notices in the Bolivar Free Press, a newspaper published regularly in my said County, IK did agreeable to said notices on the 20th day of April 1874, between the hours of nine in the forenoon, and five in the afternoon of that day, at the Court House door in the Town of Bolivar in said County, and while the Circuit court of said county was in session, expose to sale at public vendue, to the highest bidder for cash in hand by the smallest legal Subdivisions all the right, title and interest of the within named defendant Joseph Looney of, in and to the real estate hereafter described and A.A. Underwood being the highest bidder for all of said Real Estate to wit., W½ Lot 2 NW¼ Section 5 Town 34 Range 22 at and for the price and Sum of 410.00 and E½ of Lot 3 NE¼ section 6 Town 34 Range 22 at and for the price and sum of $6.00 having bid, therefor, the aggregate sum of Sixteen dollars and —cents became the purchases thereof, and the same was stricken off and sold to A.A. Underwood for that sum; which I have applied to the payment of the costs accrued.

I, therefore, return the within writ of execution not satisfied.

Robt Greer

Sheriff of Polk Co., Missouri

Capias Execution

State of Missouri

County of Polk

The State of Missouri,

To the Sheriff of the County of Polk GREETING:

Whereas, on the 22nd day of April, in the year of Our Lord One Thousand Eight Hundred and Seventy two at our Circuit Court, before our Judge thereof, Joseph Looney was convicted on Indict for challenging to fight a Duel, and adjudged to pay therefor, to the State of Missouri, for the use of the County of Polk, a fine of Ten (10) Dollars together with Costs of the Prosecution in that behalf accrued as appears to us of Record:

You are therefore Commanded, That of the Goods and Chattels, Land and Tenements of the said Joseph Looney, in your County, you cause to be made the aforesaid Fine and Costs and that you have the same before our said Judge, on the 3rd Monday of April next, then and there to satisfy the State of Missouri, for the use aforesaid of the same And for want of sufficient whereon to levy and make the said Fine and Costs, you are hereby commanded to take the said Joseph Looney if he be found in our County, and him safely keep, so that you have his body before the same Judge on the 3rd Monday of April next, to satisfy the State of Missouri, for the use aforesaid, of the aforesaid Fine and Costs. And that you have then there this Write, with your return thereon how you execute the same

WITNESS, W.L. Snodgrass, Clerk of our said Court, with the sale thereof hereto affixed at office, in the Town of Bolivar this 10th day of March in the Year of Our Lord, Eighteen Hundred and Seventy four.

H Page 412. W.L. Snodgrass, Clerk

By R. W. Leith, D.C.

I Executed the within Write in Polk county Mo. on the 16 day of March 1874 by Levying on and Seizing al the right, title and interest that the within named Defendant has of in and to the following described Real Estate in the County of Polk and Sate of Mo. to wit. W½ Lot 3 NW¼ & E½ Lot 3 NE¼ sec 6 T. 34 R 22 or so much thereof as will be sufficient to satisfy the within Execution & costs.

Shffs fee $1.50

No. 185 Page 56

CAPIAS EXEUCTION

Polk Circuit Court Spring Term 1874

State of Missouri

vs.

Joseph Looney

Fine, $10.00

Costs $39.51

$49.51

$1.48

$1.50

$6.00

$58.49

Attest,

W.L. Snodgrass, Clerk

come to hand March 11, 1874

Rob’t Greer Shff.

Bill of Costs

Cir Atty Nixon $5.00

Snodgrass, Clk $5.10

Dunnegan Shff $12.25

James W. Irwin, Witness $1.00

R.W. Kelley $2.44

S.A. Morgan $2.28

Cas Cooper $2.12

W.M. Logan $2.12

F.M. Merrit $1.96

Tim Freeman $2.44

W.H. Freeman $1.80

Jno W. Haydon $1.00

C.A. Milliken Pros. Atty

Attest: W.L. Snodgrass, Clk

By R.W. Leith, D.C.

In the Circuit Court of Polk County, October Term A.D. 1871

The Grand Jurors of the State of Missouri, empaneled, sworn and charged to enquire within and for the body of Polk county, upon their oath present that Joseph Looney late of the county State aforesaid, on or about the 15th day of Sept A.D. 1871, at the county of Polk and State of Missouri, did then and there unlawfully & willfully change an other B.F. Herrick to fight a duel

Contrary to the form of the Statute in such cases made and provided , and against the peace and dignity of the State.

J.P. Wireon (?)

Circuit Attorney

State of Mo

vs. Bill of Costs

Joseph Looney

Fine $10.00

J.P. Nixon Cir Atty $5.00

W.L. Snodgrass, Clerk (se Fee Book) $4.05

1872

T.H.B. Dunnegan Shff

April 13 Arresting Deft $1.00

“ “ Taking Bond $.50

Boarding Deft in Jail 3 Days 60¢ $1.80

Committing Deft to Jail $1.00

Apr 15 Summoning 5 Witnesses for Deft $2.50

ditto Summoning 5 Witnesses for State $2.50

April 22 Trial in cause $1.00

April 22 Summoning & calling jury $1.00

April 22 Summoning Witness for State on

on spu [subpoena] issued 22 April 1872 .50

April 22 Calling 9 Witnesses .45//12.25

Witnesses

Witness Book Page 188 $17.18

All the Jurors were on Regular Panel who —— against Deft

Total Costs $48.46

Attest W.L. Snodgrass, Clk

Subpoena

The State of Missouri to Jno W. Hayden

You are hereby commanded to be and appear before the Honorable Judge of our Polk Circuit Court a the Court House in the town of Bolivar in said county, on the 1st day of this term of said court which did commence on 4th Monday in April 1872 then and there to testify and the truth to speak in a cause then and there pending wherein The State of Mo. Plaintiff, and Jos. Looney, Defendant on the part of the said State.

Hereof fail not under penalty of law.

W.L. Snodgrass, Clerk

Subpoena

The State of Missouri

County of Polk

To James Irvin, William Logan, Russell Kelly, Wm. Freeman and Marion Merritt.

You are hereby commanded, That, setting aside all manner of excuse and delay, you be and appear before the Honorable Judge of our Polk Circuit Court a the Court House in the town of Bolivar in said county, on Monday the 22nd of April 1872 then and there to testify and the truth to speak in a cause then and there pending wherein The State of Mo. Plaintiff, and Jos. Looney, Defendant on the part of the said State. And the person or officer serving this Writ is commanded to the same at the time and place aforesaid, certifying thereon his return. In Testimony Whereof, I, W.L. Snodgrass, Clerk of the Circuit Court within and for the County of Polk have hereto subscribed my name and affixed the seal of said Court, at office Bolivar this 15th day of April 1872.

W.L. Snodgrass, Clerk

By Chas L. Dalrymple

Subpoena

The State of Missouri

County of Polk

To T.C. Freeman, C.T. Cooper, S.A. Morgan, B.F. Herrick, Jas. Irvin

W.L. Snodgrass, Clerk

By Chas L. Dalrymple

The State of Missouri to the Sheriff of Polk County, Greeting:

You are hereby commanded to take the body of Joseph Looney if he be found in your county, and him safely keep, so that you have his body before the Honorable judge of our Polk Circuit court, at the Court House in the town of Bolivar, on the first day of the next term of said Court, which will be begun and held on the 4th Monday in April next, then and there to answer unto the State of Missouri for an indictment against him by the Grand Jury of the State of Missouri, charged and sworn to inquire in and for the body of the County of Polk, charged with challenging B. Herrick to fight a duel contrary to the statute in such cases made and provided and against the peace and dignity of the State.

W.L. Snodgrass, Clerk

The Court instructs this Jury that if they believe circumstances that the Deft is guilty as charged in the indictment they will retain a verdict accordant & assess his punishment & fine not less than Five Hundred Dollars is for any —— is the County not less than Six months for a less — by both made fine and imprisonment.

The Court instructs the Jury that it is immaterial whether the challenge is verbal or written and that the case is in the one — all in violation to fight with deadly weapon that is complete when this invitation is any was delineated.

1. The court instructs the jury that a challenge is a request by one person to accord to right a duel.

2. The court instructs the Jury that a challenge to fight a duel is a request or demand for one person to another to fight with a deadly weapon at an appointed time and place.

3. The court instructs the Jury that if the language and acts used by the defendant occurred and were uttered —sudden quarrel and counter acted therewith that they will acquit the defendant.

4. The court instructs the jury that if they find from the evidence that the defendant attached any condition precedent or that he said, “If you want to shoot it out step out ten paces & c = that such language does not import a challenge to fight a due and they will acquit the defendant.

5. The court instructs the jury that they are the sole judges of the facts in the case and have the power to determine whether the language used constituted a challenge or not and if they find that id did not they will acquit the defendant.

6. The court instructs the jury that if they have a reasonable doubt of the guilt of the defendant they will acquit.

I Executed the within writ in Polk County Mo. on on [sic] the 13th day of April 1872 by arresting the body of Joseph Looney and in default of Bail committed him to jail for safe keeping. T.H.B. Dunnegan, Shff By Robert Greer, D.S.

We, Joseph Looney as principal and Thos F Edgar, A.J. Hunter and W.G. Weaver as securities for Three Hundred Dollars, to the payment of which, well and truly to be made we bind ourselves, our heirs, assigns and administrators to firmly by these presents, and sealed with our seals and dated 15th of April 1872. The conditions of the above bond are such, that whereas the said Joseph Looney has been arrested by the Sheriff of Polk County by authority of a Capias, issued by the Clerk of the Polk Circuit Court.

Now if the said Joseph Looney shall make his personal appearance before the Judge of the Polk Circuit Court on the first day of the next term of said Court, which will commence and be held at the Court House in Bolivar on the 22nd of April 1872 and answer to the State of Missouri upon a charge of Challenging wherewith he stands indicted in said Court, and not depart then without leave of said Court, then this obligation to b void, otherwise to remain full force and effect.

Joseph Looney

Thos F Edgar

A.J. Hunter

W.G. Weaver

Approved this 15th of April 1872

T.H.B. Dunnegan

Sheriff of Polk County