Petition from Nicholas Hudson and Henry M. Moore citizens of Blount County to Andrew B. Moore; December 11, 1858
Item
Identifier
Q0000133399_Q0000133405
Title
Petition from Nicholas Hudson and Henry M. Moore citizens of Blount County to Andrew B. Moore; December 11, 1858
Rights
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Type
text
Creator
Nicholas Hudson, 1834-[unknown]; Henry M. Moore, [dates unknown]
Date
1858 December 11
Description
From the Alabama Department of Archives and History Governor A. B. Moore Collection. Petition from Nicholas Hudson and Henry M. Moore, on the behalf of the citizens of Blount County, to Governor Andrew B. Moore asking the fine imposed on Doreen Harbison to be remitted. Doreen Harbison was given a fine for missing an ordered appearance at the Blount County Circuit Court.
Format
Petition
Language
English
Place
Blount County (Ala.)
Publisher
Alabama Department of Archives and History. (electronic version)
Contributor
Jenna Grabinski
transcription
To His Excellency [[Moore, Andrew B. (Andrew Barry), 1807-1873|A.B. Moore]] Gov-ernor of the State of [[Alabama|Alabama]]
1 The undersigned [[Hudson, Nicholas|Nicholas Hudson]] and [[Moore, Henry M|Henry M. Moore]] citizens of [[Blount County (Ala.)|Blount County]] in the state of Alabama [?] unto your Excellency that sometime prior to the September Term 1857 of the [[Circuit courts|circuit court]] of [[Marshall County (Ala.)|Marshall County Alabama]] they became bound to the State of Alabama in the sum of two hundred dollars as the securities of an [[Harbison, Doreen|Doreen Har-bison]] of Blount County and for her appearance at the Circuit court of said county of Marshall as a [[Witness|witness]] to [[Testimony|testify]] in a certain case in said court pending wherein the State of Alabama was Plantiff, and James Carne, Jerome C. Cernwell, Alexander Jordan, David Jordan and others were defendants - on behalf of the said state. -
2 Your [[Petitions|Petitioners]] state that at the said Fall Term of said Court the said Doreen Harbison was [[Sickness|sick]] and utterly unable to attend the court and on a day of said Term to wit on the 17 <sup>th<sup> day of September 1857 a forfeiture was taken on said [[Bond|Bond]] and [[Judgement|Judgement]] [?] rendered against
[page break]
the said Doreen Harbison and the undersigned for the amount of their said Bond -
3 Your Petitioners further state that some [f-] men issued on said judgement and executed on them. And that at the next Term of said Court to wit the March Term 1858 the said Doreen ap-peared as well to testify in said case as also to render an excuse for failing to appear at the Fall Term 1857: but unfortunately the Judge of said Circuit then holding said Court the Hon Smith D. Heals, was taken sick while holding the court and was compelled to leave before the day appointed by law for the taking up & trial of the cases on the criminal [[Dockets|Docket]]; and then no opportunity was afforded to the said Doreen to render her excuse at That term for her non-attendance at the preceeding term.
4 Your Petitioners further state that at the Fall Term 1858 of said court to wit on the 15 <sup>th<sup> day of September 1858 the said Doreen Harbison appeared at said Court and made her excuse for her failure to attend at the fall Term 1857 aforesaid which was
[page break]
accepted by the same Court as a good and valid excuse - and <s/>she was<s/> the forfeiture Taken against her was set aside and she discharged Therefrom: while strange to say the judgement against her securities - your Petitioners - was confirmed and made absolute - Your Petitioners believe that the only solution of this action is - That the Judge must have thought that the undersigned defendant in the [?] [f-] were also de-faulting witnesses. -
5 Your Petitioners fully be-lieved that they were dischar-ged from their liability in The case at the same term with their principal and Knew not to the contrary until the execution was placed in the hands of the Sheriff of Blount County, and the same is now about to [?] on the property of your Petition-ers.
6 Your Petitioners respectfully pray that the said forfeiture may be remitted against them and they discharged from the judgement rendered as they have been in no default
[page break]
nor has their principal except by her sickness -
They respectfully submit their own affidavits and the affidavits of others in support of the petition, and as in duty bound will ever pray re
Nicholas H Dean
Henry W. Wood
The state of Alabama Blount County Personally appeared before me [[Johnson, George|George Johnson]] a [[Judge|Justice of the Peace]] in the said county, & state Nicholas Hudson & Henry M. Mood of said county who being duly sworn state an oath that the forgoing petition & the facts stated therein are true & correct
sworn to & consented before me this 11 <sup<th<sup> day of December 1858
Nicholas Hudson
Henry W Wood
George Johnson
Justice of the peace
for Blount County
[page break]
State of Alabama Blount County Personally appeared before me George Johnson a Justice of the Peace in the said county & state Doreen Harbison of said county who being first duly sworn states an oath that the statements of the forgoing petition of Nicholas Hudson and Henry W. Wood (which I have carefully read over to her) are correct & true Sworn to & [?] before me then 11 <sup>th<sup> day of December 1858
Doreen Harbison
George Johnson
Justice of the Peace
of Blount County
State of Alabama Blount County Personally appeared before me George Johnson a Justice of the Peace for Blount County Alabama Anne Sivley and John N. King of said county who being duly sworn state an oath that Doreen Harbison of said county was sick at the time of the September Term 1857 of Marshall Circuit Court & unable to attend said Court Sworn to & [?] before me this 11 <sup>th<sup> day of December 1858
Anne ^her^ Sivley
John N King
George Johnson
Justice of the Peace
[page break]
State of Alabama Marshall County Personally appeared before me [[Barclay, Thomas C|Thomas C. Barclay]] a Justice of the Peace for said county and state Walter P. Macfarlane clerk of the circuit court of Marshall County Alabama who being duly sworn states an oath that he has read the foregoing petition of Nicholas Hudson & Henry W. Wood of Blount County and that the statements in said petition <s/> contained in the paragraphs numbered 1. 3. & 4, and also that part of paragraphs numbered two which alleges that a forfeiture was taken in the case, are true & correct according to the best recollection & knowledge on this [?]
sworn to & [?] before me this 15 <sup>th<sup> day of December 1858
WJ Macfarlane
Thomas C Barclay
Justice of the Peace
[page break]
Nicholas Hudson
[archive stamp]
Nicholas Hudson
Henry W. Wood
Blount Co
Petition for remission of Forfeiture
1 The undersigned [[Hudson, Nicholas|Nicholas Hudson]] and [[Moore, Henry M|Henry M. Moore]] citizens of [[Blount County (Ala.)|Blount County]] in the state of Alabama [?] unto your Excellency that sometime prior to the September Term 1857 of the [[Circuit courts|circuit court]] of [[Marshall County (Ala.)|Marshall County Alabama]] they became bound to the State of Alabama in the sum of two hundred dollars as the securities of an [[Harbison, Doreen|Doreen Har-bison]] of Blount County and for her appearance at the Circuit court of said county of Marshall as a [[Witness|witness]] to [[Testimony|testify]] in a certain case in said court pending wherein the State of Alabama was Plantiff, and James Carne, Jerome C. Cernwell, Alexander Jordan, David Jordan and others were defendants - on behalf of the said state. -
2 Your [[Petitions|Petitioners]] state that at the said Fall Term of said Court the said Doreen Harbison was [[Sickness|sick]] and utterly unable to attend the court and on a day of said Term to wit on the 17 <sup>th<sup> day of September 1857 a forfeiture was taken on said [[Bond|Bond]] and [[Judgement|Judgement]] [?] rendered against
[page break]
the said Doreen Harbison and the undersigned for the amount of their said Bond -
3 Your Petitioners further state that some [f-] men issued on said judgement and executed on them. And that at the next Term of said Court to wit the March Term 1858 the said Doreen ap-peared as well to testify in said case as also to render an excuse for failing to appear at the Fall Term 1857: but unfortunately the Judge of said Circuit then holding said Court the Hon Smith D. Heals, was taken sick while holding the court and was compelled to leave before the day appointed by law for the taking up & trial of the cases on the criminal [[Dockets|Docket]]; and then no opportunity was afforded to the said Doreen to render her excuse at That term for her non-attendance at the preceeding term.
4 Your Petitioners further state that at the Fall Term 1858 of said court to wit on the 15 <sup>th<sup> day of September 1858 the said Doreen Harbison appeared at said Court and made her excuse for her failure to attend at the fall Term 1857 aforesaid which was
[page break]
accepted by the same Court as a good and valid excuse - and <s/>she was<s/> the forfeiture Taken against her was set aside and she discharged Therefrom: while strange to say the judgement against her securities - your Petitioners - was confirmed and made absolute - Your Petitioners believe that the only solution of this action is - That the Judge must have thought that the undersigned defendant in the [?] [f-] were also de-faulting witnesses. -
5 Your Petitioners fully be-lieved that they were dischar-ged from their liability in The case at the same term with their principal and Knew not to the contrary until the execution was placed in the hands of the Sheriff of Blount County, and the same is now about to [?] on the property of your Petition-ers.
6 Your Petitioners respectfully pray that the said forfeiture may be remitted against them and they discharged from the judgement rendered as they have been in no default
[page break]
nor has their principal except by her sickness -
They respectfully submit their own affidavits and the affidavits of others in support of the petition, and as in duty bound will ever pray re
Nicholas H Dean
Henry W. Wood
The state of Alabama Blount County Personally appeared before me [[Johnson, George|George Johnson]] a [[Judge|Justice of the Peace]] in the said county, & state Nicholas Hudson & Henry M. Mood of said county who being duly sworn state an oath that the forgoing petition & the facts stated therein are true & correct
sworn to & consented before me this 11 <sup<th<sup> day of December 1858
Nicholas Hudson
Henry W Wood
George Johnson
Justice of the peace
for Blount County
[page break]
State of Alabama Blount County Personally appeared before me George Johnson a Justice of the Peace in the said county & state Doreen Harbison of said county who being first duly sworn states an oath that the statements of the forgoing petition of Nicholas Hudson and Henry W. Wood (which I have carefully read over to her) are correct & true Sworn to & [?] before me then 11 <sup>th<sup> day of December 1858
Doreen Harbison
George Johnson
Justice of the Peace
of Blount County
State of Alabama Blount County Personally appeared before me George Johnson a Justice of the Peace for Blount County Alabama Anne Sivley and John N. King of said county who being duly sworn state an oath that Doreen Harbison of said county was sick at the time of the September Term 1857 of Marshall Circuit Court & unable to attend said Court Sworn to & [?] before me this 11 <sup>th<sup> day of December 1858
Anne ^her^ Sivley
John N King
George Johnson
Justice of the Peace
[page break]
State of Alabama Marshall County Personally appeared before me [[Barclay, Thomas C|Thomas C. Barclay]] a Justice of the Peace for said county and state Walter P. Macfarlane clerk of the circuit court of Marshall County Alabama who being duly sworn states an oath that he has read the foregoing petition of Nicholas Hudson & Henry W. Wood of Blount County and that the statements in said petition <s/> contained in the paragraphs numbered 1. 3. & 4, and also that part of paragraphs numbered two which alleges that a forfeiture was taken in the case, are true & correct according to the best recollection & knowledge on this [?]
sworn to & [?] before me this 15 <sup>th<sup> day of December 1858
WJ Macfarlane
Thomas C Barclay
Justice of the Peace
[page break]
Nicholas Hudson
[archive stamp]
Nicholas Hudson
Henry W. Wood
Blount Co
Petition for remission of Forfeiture
Subject
Alabama--History--19th Century.; Crime--Alabama--History.; Blount County (Ala.).; Moore, Andrew B. (Andrew Barry), 1807-1873.