Franklin County, Arkansas : First County and Probate Court Minutes Book (1838-40), with an every-name index, compiled by Will Johnson, firstname.lastname@example.org, Professional Genealogist. Privately published, copyright 2005. The index to this book is here.
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Franklin Co, Arkansas County and Probate Record LDS Film #1027667 Item 3
Page 1 Session 19 Feb 1838 Present the worshipful Alfred Henderson, James Gilbreath, D L Bourland, Joseph Lewis and Jonathan Eppler
Samuel Evans presented a commission appointing him clerk of Franklin Co, took oath, entered bond and security.
The court proceeded to the election of a County Judge, resulting in the election of Alfred Henderson, Esquire
Ordered William Cureton, [??] [Asa?] Hogan, Arthur Hicks, J H Newman, William Haile [?] appointed commissioners to review and mark out a road leading from Ozark to the Johnson County line
Page 2 Ordered Thomas Morris, William Haile, Wilkinson Stout, William H Johnson and Jesse Miller commissioners to review and mark out a road leading from Ozark and crossing at or near the mouth of White Oak thence in the direction of Van Buren so as to intersect the main road leading from Little Rock to Van Buren
Jonathan Eppler commission appointing him a Justice of the Peace
Joseph Lewis commission appointing him a Justice of the Peace
Proceeded to the election of two assistant justices whose duty it shall be to sit with the County Judge and aid and assist him in holding the County Courts. D L Bourland and Joseph Lewis were so elected.
Session 20 Feb 1838 Page 3 Present the worshipful Alfred Henderson, James Gilbreath and D L Bourland
Ordered that the elections in Mulberry Township be hereafter held at the Town of Whitsontown and that the present Judges continue to hold said elections
Ordered Webster McCaslin be appointed overseer of the road leading from the South Bank of the Arkansas River opposite the Town of Ozark to intersect the road leading from Rose's Store to Scott County line at a point so that both roads shall pass through the swamp on the Hurricane fork of Six Mile Creek at the same place and that said overseer be authorized to open said road thirty feet wide and call to his aid any force necessary to enable him to enforce this order and that Joseph Servis [?] [Scruis?] Esquire be appointed to apportion the hands to work on said road and report the same to the overseer.
This court session signed A Henderson JP, D L Bourland, and J S Gilbreath
Page 4 [this page is blank]
Page 5 County Court at Ozark Monday 16 Apr 1838 Alfred Henderson Judge
James M Christian produced a deputation from Samuel Evans Clerk appointing him deputy clerk - approved
Ordered Absalom Wood be appointed overseer of the road leading from Joseph Russell's in the direction of Little Rock to the Johnson County line and that Henderson Bourland be appointed overseer of said road from Joseph Russell's in the direction of Van Buren to the line dividing the Township of White Oak and Mulberry and that James Gilbreath Esquire apportion the hands to said overseers
On petition ordered that the Township of White Oak be divided [describes a line]. And that the territory lying North of said line be erected into a new and distinct Township to be called and known by the name of Boston Township and that the place of holding elections in said township be at the house of Edwin Marsh and that Robert Hodges, George Russell (Upper) and George Russell (Lower) be appointed Judges of Election in said township.
Session Tuesday [17 Apr 1838] Alfred Henderson Judge
Robert Russell produced a deputation from Jesse Miller, Sheriff, appointing him Deputy Sheriff – approved
Ordered Henry Turner appointed admin of John Turner - Bond $2200 Joseph T Turner, Robert Russell security
Ordered Jesse Turner appointed admin de bonis non of William Whitson Bond $800 Jesse Miller, Arthur Hicks security
Ordered Nancy Caulk be guardian for David D Caulk and Robert Caulk minor heirs of [blank], over 14, court requires bond of $1700
Page 8 The road commissioners for road leading from Ozark toward Van Buren and to cross White Oak Creek at or near the mouth and to intersect the Mulberry road leading to that place at or near Moore & Henderson Mills, made report - approved. James Ward appointed overseer and that James Gilbreath Esquire apportion the hands.
The road commissioners for road leading from Ozark to Johnson County line in the direction of Clarksville, made report - approved. Joup [Joress?] G Barclift be overseer of said road and James Gilbreath Esquire apportion the hands.
Ordered John Bourland be released as overseer of road leading from Little Rock in the direction of Van Buren from the line dividing Mulberry and White Oak Township to Big Mulberry Creek and that Riale Bryant be appointed overseer of said road and D L Bourland Esquire apportion the hands.
Session Monday 15 [?] Jul 1838 Page 9 Alfred Henderson, County Judge with Jas [James] Gilbreath, D L Bourland assistant justices
James M Christian, appointed clerk for Franklin County [crossed out]
D L Bourland commission appointing him Treasurer for Franklin Co
On motion, ordered that the pauper May who now resides at the residence of Madam Woolf's in McLeans Bottom, be sold to the lowest bidder between this and the next term of this court [crossed out]
On motion, ordered that Madam Woolf be compensated $15 for keeping said pauper for a term of seven weeks
On motion, ordered that the Sheriff be authorized to dispose of the said pauper May who is in the care of Madam Woolf on the best possible terms and report to this court on tomorrow [crossed out]
Page 10 On motion ordered that Sabert Scott be allowed one dollar for each and every day he may keep the said pauper May who is in the care of Madam Woolf from this to the next term of this court or so long as he may live or otherwise disposed of
Page 10 Ordered that half of Range 29, the whole of Range 28 and two miles of the West part of Range 27 be a new township named Prairie and the election place shall be at William Barnards residence and the election judges shall be John Quesenberry, Masten P Pool and Sabert Scott
Ordered Daniel H Carns [Karnes, Carnes] be overseer on Ozark Road leading from Ryal Bryant to the township line and that D L Bourland apportion the hands.
Ordered an election in Boston, Sat 28 Jul 1838 for Justice of the Peace and one constable
Ordered that John S Estell be allowed $11 against the estate of William Whitson
Page 11 Ordered that John Hail, Enoch Berry, James Murphy be commissioners to view and mark out a road from Ozark in the direction of Boonville, Scott County, to intersect road from McLeans Bottom to Boonville at or near the county line.
Ordered Webster McCaslin, Ryal Bryant, Wilkerson Stout commissioners to view and mark out a road commencing on the South bank of the Arkansas River at Clemmons and Jenkins Ferry, leading South to Section 32, thence to the narrows on Six Mile [Creek]
Ordered William W Scott, William Barnard, Thomas St Clair commissioners to view and mark out a road commencing on the South bank of the Arkansas River opposite Ozark, running the nearest and best way to where the Chastain Trace crosses the county line.
Session Tuesday [16 Jul 1838] Alford Henderson Judge Jas [James] Gilbreath, D L Bourland associate justices
James M Christian, commission appointing him clerk for Franklin County
Page 12 Ordered Wm [William] H Johnson appointed overseer of road from the mouth of Mulberry [River] to the town of Crittendon and A Henderson Esquire apportion hands
Ordered John B Bourland, John Steel, Rial Bryant appointed Judges of Election in Mulberry Township, elections to be held at Whitson Town
Ordered Kendal Webb, Ely Paty and Joseph Russell be Judges of Election in the Town of Ozark
Ordered that the place of holding elections in Lower Township shall be at Rose's Store and Edward Davis, George Grounds and Oliver Wood be election judges
Ordered Jesse Miller be allowed $10 for furnishing seats for the use of the court
Ordered Thomas F Kennedy and Co be allowed $11 for Journal and Pine boards.
Ordered William Curston [Cureton ?] be allowed to keep a ferry at Ozark for 12 months by paying $4 to the county
Page 13 Ordered Jesse Miller be allowed $26.90 for official services
Ordered Samuel Evans be allowed $57 for paper books and official services
Session Mon 15 Oct 1838 Alford Henderson, James Gilbreath and D L Bourland assistant judges
Ordered Sabert Scott be allowed $47.50 for keeping a pauper 47 1/2 days
Ordered the Sheriff to pay John B Bourland $4.40 for property overtaxed
Ordered that the road leading from Clements and Jenkins Ferry in the direction of Scott Co be established a county road and that Thomas Aldridge be overseer on the part leading from the ferry to A J Spegles and John Barnard be overseer of the other end to the county line and Jonathan Eppler apportion hands.
Page 14 Ordered that the road leading from Ozark to the county line in the direction of Clarksville which was opened by subscription from Ozark to the county line of Johnson Co be appointed a county road and William Cureton be overseer to keep up said road and James Gilbreath Esqr apportion the hands.
Ordered George Russell "Lower" be overseer on the Fayetteville Road leading from Ozark commencing at the line between White Oak and Boston Townships and work to upper George Russells and that upper George Russell ["upper George Russell" is crossed out] be overseer on that part leading from his house to the County line, James Gilbreath apportion hands.
Ordered $4 be allowed to Ryal Bryant for viewing road from Jenkins Ferry in the direction of Booneville, Scott Co and Wilkinson Stout $4
Ordered Sabert Scott, William Barnard, Webster McCastin be viewers of road leading from Ozark to intersect the road leading from McLean's Bottom to Boonville, Scott Co near the narrows of Six Mile Creek
Page 15 Ordered $2 be allowed John Hail for viewing road from Ozark to the narrows on Six Mile Creek and $4 to Enoch Berry
Ordered A Henderson be allowed $15.10 for holding inquest over the body of Col John Lasater
Session Tuesday [16 Oct 1838] Alford Henderson Judge assistant judges James Gilbreath and D L Bourland
Ordered that Jesse Miller, Sheriff be allowed $21.40 for serving road orders and attending county court
James W Pendleton produced a deputation from James M Christian, Clerk, appointing him deputy clerk
Ordered that the part of the road from Ryal Bryants to William Merediths be disannuled [?] and that John C Nickson, Charles Whitson and Charles Jones be a Jury to Review to mark out a road from Pleasant Hill to William Merediths and make report.
Page 16 Ordered Kendal Webb be overseer of road from Ozark to Van Buren and repair the road from Ozark to the first Hollow beyond the big Hill between Ozark and William Merediths and Miles Williams be overseer from the Hollow to where the stage road intersects the road leading from Joseph Russell’s to Van Buren and E [Ephraim ?] Bourland Esquire apportion the hands.
Ordered A Henderson, County Judge be allowed $24 for holding court April, July and October
Ordered James Gilbreath Esquire be allowed $12 for assisting April, July, Oct
Ordered D L Bourland be allowed $12 for assisting April, July, Oct
Session Mon 21 Jan 1839 at Ozark Page 17 Alfred Henderson, William Scott, Smith Hunsicker, D L Bourland
Election of two assistant justices; D L Bourland, Smith Hunsicker
William Scott, Luke Huggins, D L Bourland and Anthony Brown produced their commissions appointing them Justices of the Peace
James W Pendleton produced a commission appointing him clerk
William Scott and Edward Davis Sr made oath as witnesses to the last will of Henry Davis deceased
Nancy Caulk presented a bond with David Fort and George Grounds security as guardian for her five children: Robert [Caulk], David D [Caulk], Eliza [Caulk], George [Caulk] and Benjamin [Caulk]
Ordered Williams Stamp be overseer of road from Ozark to Moore and Henderson Mills, on so much of said as from Ozark to within one mile of White Oak Creek, and James Blackwell be appointed on the other portion to wit from within mile of White Oak Creek to Moore and Henderson Mill and Smith Hunsicker Esquire to apportion the hands.
Ordered Noel S Riffe be overseer on road from Ozark to Jno [John] Sims on the Boston road and William Wisdom be overseer on said road from Jno [John] Sims to the fork of the old road, on the other side of Rock creek, and James Gilbreath Esquire apportion the hands.
Ordered Joshua Fisher be overseer of portion of main road leading from Big Mulberry to the Crawford County line and A Henderson apportion the hands
Ordered that $3 per month be allowed Mrs Phelps for the support of herself and family and Joshua Fisher appointed to disburse the said money
Ordered John B Kendall overseer of road from Ozark to Van Buren in so much as from Ozark to the Prairie Branch on said road and Henderson Bourland be overseer from the Prairie Branch to the Rock road at E [Ephraim?] Bourlands and H G Bourland Esquire apportion hands.
Tues [22 Jan 1839] Page19 Alfred Henderson, assistants D L Bourland, S Hunsicker
The commissioners appointed to review the road from William Merediths to Pleasant Hill do find the old route which the stage now runs to be the best way intersecting the Little Rock road to Van Buren at the South West corner of E [Ephraim ?] Bourlands field: J C Nixon, C [Charles?] Whitson, Charles Jones
Noah Davis presented a bond as Constable, security (Jesse Miller, David Fort) of Lower Township
H B Rose presented account against estate of Jonathan Clark, decd, proven before Will Scott JP for Lower Township by Samuel M Weaver for $10.31 which was allowed
Ordered that the County Tax remain as last year except the Poll Tax which shall be [???] to fifty cents a head.
Ordered that D L Bourland as compensation for receiving and paying over to the Clerk of Crawford Co 8% on the amount of $397 which is $31.76 be allowed
Page 20 Ordered John Moore, admin of John Moore dec'd to sell negroes of estate on credit of six months
James M Bretton presented a commission from the Gov of Arkansas appointing him Coroner of Franklin Co with Anthony Brown, David Fort, William Scott security, bond $5000
Alfred Henderson presented a commission from the Governor of Arkansas appointing him a Justice of the Peace for the County of Franklin
Ordered $6.50 be allowed Jesse Miller, late Sheriff for serving road orders
Ordered James Gilbreath Jr, Constable of White Oak Township, give additional security of $500
Wed 23 Jan 1839 Page 21 Alfred Henderson assistants D L Bourland, S Hunsicker
Ordered John Moore, admin of John Moore give additional security owing to the application of Sam'l [Samuel] Evans to be released from the joint bond of administration
Emanuel Speegle presented a commission appointing him Sheriff and giving Rial Bryant, William G Jenkins, B B Clements security $10000 approved in vacation 4 Dec 1838
Ordered D W Bunch, D L Bourland, John Simpson be commissioners to settle and adjust the unsettled accounts between Charles Whitson, surviving partner of the late firm of William [Whitson] and Charles Whitson and Jesse Turner admin de bonus non of William Whitson
Ordered that $1.77 be allowed Sam'l [Samuel] Evans for services as Clerk
Page 22 Ordered James M Christian presented his account against the County as Clerk, and a final settlement made
Mon 15 Apr 1839 at Ozark. Alfred Henderson Smith Hunsicker, D L Bourland associate judges
Ordered that the portion of the County of Johnson annexed to the County of Franklin by an act of the last Legislature be attached to Lower Township
Ordered Samuel M Melton be appointed Constable of Boston Township
Ordered Sabert Scott, Thomas Bessry [?], E S Moffet review a road leading from Ozark to Boonville instead of three individuals formerly appointed but now superceded.
Ordered Spencer Horner overseer of road from Upper George Russell's to the top [?] of Boston Mountain on the road leading to Huntsville, Madison County. Luke Huggins to apportion the hands
Page 23 Ordered George McRunmerlee [?] overseer of road from Ozark to the Mouth of White Oak. S [Smith] Hunsicker appointed to apportion hands
Ordered John H Newman be allowed $12 for house furnished the Circuit Court at its March term 1839.
Ordered William W Scott be appointed Constable for Prairie Township
Ordered the Sheriff be allowed $43.50 for account filed.
Jesse Miller, exec of estate of Samuel Miller, dec'd on this 16th Apr 1839 filed all the papers appertaining to his testator S [Samuel] Miller originally filed in the office of the Clerk of the County Court of Crawford County whereupon the court proceeded to a settlement of the estate. Appraisement bill $6391.00. Credit by Voucher 1 $128. Balace $6263, continued for further settlement.
Page 24 Inasmuch as John F Moore has failed to come forward and give additional security as admin of John Moore, that the clerk issue citation to the next entitled to such letters to appear.
James Evans, heretofore appointed guardian of Miranda Evans, a minor under 21, has failed up to the time to take any step whatever to attend to the interests of the said minor whereupon it is ordered by the court Page 25 that the appointment be revoked. And upon motion of Miranda Evans by her next friend Sally A Evans, that Edward M Tatum be guardian, bond $400. Approved.
James Evans, heretofore guardian of Sally A Evans, a minor under 21, has failed up to this time to take any step whatever to attend to the interests of the said minor whereupon it is ordered the appointment be revoked
On motion of Sally A Evans ordered that Castleton [?] B H Ake be guardian, bond $400
Page 26 William M Martin personally appeared, petitions to establish a public ferry across the Arkansas river at H B Rose's. Court requests a bond with security and $5 tax before a license will be issued for 12 months. And that he charge 12 1/2 per man; 12 1/2 per horse or mule; 6 1/4 cents per head of cattle; 3 cents per hog; one dollar per four-wheeled vehicle; 50 cents per two-wheeled cart; 3 cents per sheep
Ordered that each house of entertainment "Tavern" shall pay an annual license of $10 when they sell no vinous or ardent spirits and that each house where vinous or ardent spirits are sold shall pay an annual tax of $20 and also that each dramshop, grogshop or grocery shall pay an annual tax of $20
Monday 15 Jul 1839 Page 27 at Ozark A Henderson Smith Hunsicker, D L Bourland associate justices
Ordered $4 be allowed Rial Bryant for [??] in the hands to work on Stage road in the year 1838-39
Ordered Will Cureton and John Wilkins be allowed to keep a public ferry across the Arkansas at Ozark for 12 months as soon as they have given bond and security and pay a tax of $10. The rates shall be : 12 1/2 cents per man; 12 1/2 per horse or mule; 6 1/4 per head of cattle; 3 cents per hog; one dollar per four-wheeled vehicle; 31 cents per two wheeled cart; 3 cents per head of sheep
Ordered Jesse Miller, late Sheriff be allowed credits of $7 (delinquent list) on Tax acct of last year (1838) and that he be allowed further time for collecting and settling said tax account and that he report from court to court how he succeeds in settling said business.
Report of commissioners for viewing road from Ozark in the direction of Boonville to the [??] of Six Mile creek [?] was received. Overseers appointed: Elijah Hail from the South side of the Arkansas River opposite Ozark and ending at Smith Creek. E S Moffet from Smith Creek to the Military road near his house and Thos [Thomas] Berry from the Military road to the Scott county line, Sabert Scott Esquire to apportion hands
Page 28 A petition was presented praying that the Town of Ozark might be incorporated. Said petition was signed by two-thirds of the taxable inhabitants. Petition granted. Appointed S [Smith] Hunsicker
Ordered Jos [Joseph] G Barclift be overseer of the stage road from Ozark to Johnston [sic] County line in place of William Cureton and that he have the same list of hands alloted to said Cureton.