Greene County Court Records
Submitted by:
Larry Shifflett lfsofva@hotmail.com
GREENE CIRCUIT COURT, 5th. December 1857
Circuit Court Law Book, page 312
Tandry Harris & Lively Harris asignees of Harden Shiflett
vs.
Niclis Herring alias Nicholas Herring, Honerus alias Honorias Powell, Absalom Shiflett & James Shiflett
surviving obligors of themselves & Loudon Herring dec'd, Debt in Single Bill for $73.30
Judgements Confirmed 21st June 1860 -
Tandry Harris & Lively Harris asignees of Harden Shiflett - plaintiffs
against
Nicholas Herring, Honorias Powell, Absalom Shiflett, and James Shiflett
surviving obligors of themselves & Louden Herring - defendants in debt
The Judgement now and in the Office by the plaintiffs against the defendant Absalom Shiflett surviving obligor of himself & Loudon Herring not having been set aside, the same has become final as of this last day of the term. therefore it is considered by the court that the plaintiff recover of the defendant Absalom Shiflett surviving obligor of himself and Louden Herring the sum of $73.30 with six percent pre annum interest thereon to be computed from the 25th. day of December 1851 till payment & the costs & this ------ -- ----
subject to a ------ of seventy two cents.
The Grand Jury appeared in Court according to their adjournment and was again sent out of Court, and after some time returned and presented an indictment against James Simms, William T. Simms, Henry Shiflett, Harry Shiflett, Washington Shiflett, Nelson Shiflett, & Fielding Raines Sr.
A true bill; An indictment against William Estes for unlawfully breaking down a tree marked as a boundary of a tract of land,
A true bill An indictment against Ahaz Shiflett & Henry Shiflett for assault & battery,
A true bill: They also made the following presentments to wit: Virginia Eleventh Judicial Circuit Greene County to wit: The Jurors of the Commonwealth of Virginia for the body of the said county of Greene on oath do this 18th day of June 1851 present Charles Yancey of the County of Rockingham, a free white male, for habitually within twelve months last past carrying about his person in the said County of Greene hid from common observation a Pistol, against the form of the statute in that case made and p---ided upon the testimony of Benjamin F. Davis of the said County of Greene a witness called upon by the Grand Jury, sworn in open court and sent in to give evidence before the Grand Jury,
they also present that William Morris (son of Sally Morris) Larew Shiflett, Henry Shiflett, & Gibbons Shiflett did about the 25th day of December 1849 in the county aforesaid willfully maliciously & feloniously kill & murder one America Artebeth & did willfully maliciously & feloniously with force and arms then and there rob the said America Artebeth of money, tools, goods & chattels the property of the said America Artebeth upon the evidence of Kisiah Morris, Lively Morris, Chapman Morris, & Fountain Morris, witnesses sworn in open court, & sent into the Grand Jury to give evidence
and the said Grand Jury having nothing further to present was discharged.
Circuit Court Law Book, page 407
The Grand Jury appeared in Court according to their adjournment and was again sent out of Court, and after some time returned and made the following presentments in writing to wit,
a presentment against Milton Huffman, and one against Walker Frazier, and one against Haisten Shiflett, and one against Sowers Morris, and one against Hiram Shiflett, and one against Nelson Shiflett, and one against Joseph Morris, and one against Washington Shiflett, and one against John Shiflett (Stiller), and one against James Shiflett, all for retailing ardent spirits contrary to law and without license to be drank at the places where sold, at the places and times designated in the several presentments, and it is ordered that the said defendants be summoned to appear here on the first day of the next term of this Court to answer the said presentments.
The said Grand Jury on oath also made the following presentments in writing viz., a presentment against Fielding Raines, and one against Ferril Shiflett for selling ardent spirits contrary to law at the times & places specified in said presentments, and it is ordered that said last named defendants be summoned to appear here on the first day of the next term of this Court to answer said last named presentments.
The Grand Jury also made the following presentments in writing Viz., one against Halverston C. Blakely for obstructing a public street and road in the County of Greene leading from the Rockingham Turnpike near the residence of said Blakely to the land of Wm. T. Sims,
another presentment against Haley Morris, a white person & against Julia Raines a free person of color for fornication and for lewdly and lasciviously cohabiting together without being married,
and a presentment against William Snow, Linsay Snow, Wm. Catterton, Fielding Raines Sr., Fielding Raines Jr. and Augustine Snow for assaulting, abusing and making threats of violence against Chapman Collier, A. Simon Collier, & Mary his wife, and it is ordered that said defendants in the four last named presentments be summoned to appear here on the first day of the next term of this Court and show cause if any they can, why --forma--- should not be held against them on the said presentations.
And the said Grand Jury having nothing further to present is discharged.
GREENE CIRCUIT COURT, 19th November 1860
Circuit Court Law Book, page 105
At a Circuit Court held for the County of Greene at the Court house on Monday the 19th. day of November 1860. Present Richard H. Field Esq'r, Judge of the Tenth Judicial Circuit.
Benjamin W. White, Foreman, Abraham M.B. Eddins, Sanford K. Deane, Thomas Y. Parrott, William Runkle, Richard Dawson, Pemberton Jarrell, John Douglas, Richard M. Durrett, Lewis P. Douglas, Downing Smith, Isaac N.M. Estes, William Samuels, John Riddle Jr., John R. Munday, & Hinkle Jarrell were sworn a Grand Jury of Inquest for the body of this County who having received their charge retired and after a short time returned into Court, and presented as Indictment against Leland Shiflett, commonly called Leland Frazier, for murder a true bill; they also made the following presentment Viz, "Fifth District & Tenth Circuit November term 1860 - We the Grand Jury for the County of Greene being first sworn make the following presentment to wit: "We present Leland Frazier alias Shiflett for stabing one Burton Shiflett within the County of Greene within twelve months last s---- upon the evidence of Thornton Mooney and others sworn in open court to give evidence before the Grand Jury and the said Grand Jury having nothing further to present was discharged.
_______________________
Leland Frazier commonly called Leland Shiflett who stands indicted of murder was lead to the bar in custody of the Jailer of this Court, thereof arraigned and pleaded "Not guilty" whereupon came a Jury to wit: William R. Parrott, James W. Lucas, Jerome Taylor, John W. Crow, Richard H. Miller, Linn B. McMullan, Andrew J. Davis, John M. Douglas, William B. Haney, Larkin Watson, James A. Gibson, and James Jarrell who being charged and sworn the truth of and upon the premises to speak, and having partly heard the evidence, were committed to the custody of the sheriff of this county, who is directed to keep them together without communication with any other person and to cause them to appear here tomorrow morning at 10 o'clock:----------
Circuit Court Law Book, page 111
Leland Shiflett commonly called Leland Frazier won stands Indicted of murder, was again led to the bar in custody of the Jailer of the Court, and the Jury sworn in this cause yesterday appeared in court according to their adjournment and having fully heard the evidence and arguments of Counsel were sent out of the Court to consider of their verdict, were committed to the custody of the sheriff of this County, who is directed to keep them together without communication with any other person and to cause them to appear here tomorrow morning at 10 o'clock, whereupon an Oath was administered to Benjamin Robinson, sheriff of this County, and to Richard D. Melone & John W. Melone, deputy sheriffs, to the following affect "You shall well and truly to the best of your ability keep the Jury and neither speak to them yourselves, nor suffer any other person to speak to them touching any matter relative to this trial, until they return into Court tomorrow morning. And the prisoner is remanded to jail.
________________________
Ordered that Court be adjourned till tomorrow morning 10 o'clock. Richard H. Field
Circuit Court Law Book, page 116-117
Leland Shiflett commonly called Frazier was again led to the bar in custody of the Jailer of this Court, and the Jury sworn in this cause on Monday last appeared in Court according to their adjournment, were sent out of the Court, and in a short time returned into Court, and upon their Oath do say “We the Jury find the prisoner is guilty of Voluntary Manslaughter, and fixed his term of imprisonment to four years in the penitentiary house, Nov. 20, 1860” And thereupon it being demanded of him, if anything for himself he had or know to say why the Court him should not now proceed to pronounce judgment against him according to law, and nothing being offered or alleged in delay of judgment, It is considered by the Court, that the said Leland Shiflett commonly called Leland Frazier be imprisoned in the public jail and penitentiary house of this Commonwealth for the space of four years, the period of the Jurors in their verdict ascertained. And the prisoner is remanded to jail.
___________________
Ordered that Court be adjourned till the first day of the next term. Richard H. Fields
Notes on the above from Larry Shifflett:
RE: GREENE CIRCUIT COURT, 5th. December 1857
The clerk of this County (greene) is hereby --- authised and requisted to issue to Mr. honorious Powel license to marry a girl that i raised in the herein given under my hand and seal this 23th day of December 1850
James (his X mark) Shifflet
Witness: John Gentry, next should be Stintson Shiflett but it is written Stesn tern Shiplvelte (which may explain why he signed his mark in the document below)
Know all men by these presents--That we Honorius Powell, Nicholas Shiflett and Mark Stinton Shiflett are held and firmly bound. . . in the sum of one hundred and fifty dollars. . . the 6th day of January 1851. . . a marriage shortly intended to be had and solemnized between Honorias Powell and Cinthia Herrin. . . .
Honorias (his X mark) Powell
Nicholas (his X mark) Shiflett
M.Stinton (his X mark) Shiflett
Clerk's Office of Greene County Court, 6 day of January 1851Personally appeared before me in my office, Nicholus Shiflett and M.S. Shiflett and made oath, that the above named Cinthia Herrin is a minor under twenty one years and that the said Cinthia usually resides in said county, and that her mother is dead and she has no father eccept a adopted father and that James Shiflett is her adopted father, with whom she has lived for a long period of time. also--(verso not submitted)E. He Pritchett
Note: See This is the James who m. Milly Herring. Cinthia Herring, along with Ned Herring, age 7, are listed in their household. [Notice that Nicholas Herring (Shiflett), Honorias Powell, Absalom Shiflett, and James Shiflett are the defendants in the above circuit court case, and are obliors for themselves and for Louden Herring. Cynthia, is a orphan, and adopted daughter of James Shiflett, who married Milly Herring. Mark Stinton Shiflett is the son of James and Milly Herring Shiflett. Absalom Shiflett's consort was Winny Herring. I am speculating that Cynthia Herring, Milly Herring, Winny Herring, and Nichols Herring may be the children of the Louden Herring mentioned in the court case and deceased prior to 1850. Notice that the interest charges in the court case begin December of 1851, not long after the above Marriage bond.]
After 12 May 1892
In the Supreme Court of Appeals of Virginia
At Richmond
Shiflett et als. v. Commonwealth} From the Circuit Court of Greene County, Brief of Attorney-General
The Case Stated:
This is an indictment against Daniel Morris, Scott Crawford, Richard Morris, and Ahaz Shiflett, by the grand jurors of Greene county, found at the March term, 1892, of the County Court for unlawfully and wilfully distrubing religios worship at Mount Union, a Christian church in said county. the indictment will be found on page 4 of the record; the summons upon the same page, and the sheriif's return on page 5.
On May 12, 1892, the court, as allowed by sections 3999 and 4012, entered the following order:
“It appearing to the court that the indictment in the above cause contains a misnomer in this, that Scott Shiflett in said indictment is called Scott Crawford, by which last name he is commonly known, but his true name is Scott Shiflet--it is therefore ordered that the indictment in said cause be amended by striking out the name of Scott Crawford, and in its place and stead the name of Scott Shiflett alias Scott Crawford be inserted, which is accordingly done.”
The defendants failed to appear after being duly summoned, and the court ordered the trial to proceed. They were found gulty of the offence charged in the indictment, judgment entered, and, on motion of the attorney for the Commonwealth, “capias” was awarded, appeal was taken to the Circuit Court and the judgment affirmed, except as to the defendant Richard Morris; but as to said Morris, the judgment of the County Court was reversed and annulled.
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