GEORGE WILKINS - 1877                                          


George Wilkins


James Moore and                                  Change of Venue

Nelson Moore


June the 26th 1877  Transcript filed of which the following is a true copy in the above entitle cause certifyed to me by John Newlin justice of the peace in and for Sugar Creek Township Parke County Indiana


George Wilkins                                     State of Indiana Parke

   Vs                                                      County Sugar Creek

James Moore and                                  Township Justices court

Nelson Moore                                       Demand           $200


Be it known that on the 15th day of June 1877 George Wilkins by his Attorney Miles Ratcliff filed in this office the following complaint to wit


Par 1st  George Wilkins Plaintiff

Complains of James H Moore and Nelson Moore and says that on or about the    day of April 1877 they did unlawfully enter the close? of the Plaintiff  Situated in Sugar Creek Township Parke County and pull down fencing and haul away fence rails there from and turned Plaintiffs orchard and grass lands to the commons to Plaintiff damage one hundred dollars

Par 2nd            For further complaint

Plaintiff says Defendants did enter his shop and flouring mill situated on the west half of the south east quarter of Section Twenty town seventeen north of Range seven west of which the Plaintiff was and now is the owner unlawfully and without right carry away therefrom window sash and glas? mill rite tools saws augers planes crobars to Plaintiff damage fifty dollars

Par 3rd Plaintiff for further complaint

says Defendants did wrongfully cut and take away from Plaintiff off said lands timber to the damage of Plaintiff fifty dollars for which Plaintiff Prays judgement for two hundred dollars and other proper relief

                        Miles Ratcliff Plaintiff Att


Summons issued June 19th 1877 made returnable June 23rd 1877 being the day set for try the case there being no constable ? delivered to Jessie Newlin

                        special constable

June 19th 1877 returned on day of trial served by reading

                        Be also known that on the 22nd day of June 1877 James H Moore and Nelson Moore filed there affidavit a change of venue as follows

George Wilkins                         Affidavit for change of

Vs                                                         venue case pending before

James H Moore and                  J Newlin JP Sugar Creek

Nelson Moore                           Township Parke County Ind


                        We James H Moore and Nelson Moore affirm that we believe that we cannot have an impartial trial in the Township where the above entitled case is pending owing to bias interests and prejudices of the citizens thereof

                                                            James Moore

                                                            Nelson Moore

Subscribed and affirmed to this 22nd day of June 1877  John Newlin JP


Whereas James H Moore and Nelson Moore have filed there affidavit for a change of venue and having paid the cost of the change as required by law the change was granted and the case transferred to Clark E McDaniel a Justice of the Peace of Howard Township Parke County Indiana

Constables fees                                                Witnesses fees

Serving                         1.75                              Michael Wilkins                  $1.25

Milage                          .75                              George Maris                1.25

                                                                        Eli Sawyers                        1.25

                                                                        John Cox                                  1.25

                                                John H Newlin  seal


I the undersigned a Justice of the Peace of Sugar Creek Township Parke County Indiana certify that the foregoing is a true and complete copy from my docket of the proceedings before me in the above entitled case

            Witness my hand this the 23rd day of June 1877

                                                            John H Newlin

                                                            Justice of the Peace


June the 26th 1877 Summons issued delivered to William McDaniel Special constable and administered to said constable an official oath as constable in a civil action wherein George is Plaintiff and James H Moore and Nelson Moore are Defendants returnable July 7th 1877 at one o'clock in the afternoon


June 28th 1877 By order of the Defendants venire issued for six jurors


July the 3rd 1877  At request of Plaintiff subpoena issued for George C Maris, Eli Sawyer, Elkana Cox, John Cox, Charles Moore and M H Wilkins and delivered to said Special constable


July 3rd 1877  At request of Defendant Subpoena issued for Charles Fleishour, John E Robins, Henry Hargrave and Wisby Russell and delivered to William B McDaniel Special Constable


July 7th 1877 Subpoenas served on all but Charles Fleishour and M H Wilkins by reading and they by certifyed copy.  Venire

returned served on Jacob Rhinhart, Thomas Danewood, Samuel Lough, Thomas B Thompson, David Myers and Henry Newlin


July 7th 1877  Summons returned served on the Defendants by reading June the 28th 1877


July the 7th 1877  1 o'clock P M Parties appeared Defendants by there Attorney M Robison moved to strike out the second and third paragraphs not showing any date of the acts alleged  Motion Sustained   Plaintiff by his Attorney asked to amend there complaint which was granted of which the following is a true copy

George Wilkins                         State of Indiana Parke County

Vs                                                         before W E McDaniel

James H Moore and                  Justice of the Peace]

Nelson Moore


Para 1st George Wilkins Plaintiff complains of James H Moore and Nelson Moore and says that on or about the   day of April 1877 they did unlawfully enter the clase? of the Plaintiff situated in Sugar Creek Township Parke County and pulled down fencing and hauled away fence rails therefrom and turned Plaintiff orchard and grass lands to the commons to Plaintiffs damage one hundred


Para 2nd  For further complaint Plaintiff says on    day of August 1876 Defendants did enter his Shop and one flouring mill situated on the west half of the south east quarter of Section Twenty Town Seventeen North of Range Seven West in the County of Parke State of Indiana of which Plaintiff was and now is the owner unlawfully and without right carried away therefrom window sash and glas? mill rite tools, saws, augers, and planes and crobars to Plaintiffs damage fifty Dollars

                                                            Miles Ratcliff Attorney

Jurors present Jacob Rhinehart, Thomas Darewood, Samuel Lough, Thomas B Thmopson, David Myers and Henry Newlin who were dully sworn to try the case.


Defendants by there Atts Phiineas Lockett and Milton Robison answered by general denial to the complaint on the ground that they were in possession of said lands


Trial had George Maris, Eli Sawyers, Elkana Cox, John Cox, George Wilkins and M H Wilkins sworn and examined for the Plaintiff   and Wisby Russel, Charles Fleishoour, John

Robins, Henry Hargrace, Charles Moore, James Moore and Nelson Moore for the Defendants


Jury after hearing the evidence returned into the court the following verdict

            We the jury find for the Defendant in damage Ten dollars

                                                                        Jacob Rhinehart



It is therefore adjudge by me that the Defendants recover of the Plaintiff Sum of Ten Dollars together with cost and accruing cost



Jurors fees                                                      Witness fees

Jacob Rhinehart                       $1.25               George Maris                $1.40

Thomas Danewood                       1.25               Eli Sawyers                   1.40

Thomas R Thompson                     1.25               Wisby Russell               1.60

Samuel Lough                             1.40                Charles Moore              1.40

David Myers                               1.25                Charles Fleishour            1.40

Henry H Newlin                         1.05                John E Robins               1.30


Constable fees                                                  Justice fees

Wm B McDaniel                                                Summons             .25

Serving sum                                .50                 subpoena                         .25

?                                                .50                 venire                               .25

Return                                        .10                  Swearing Witnesses          .65

Serving subpoenas                    1.80                 swearing Jury                  .10

Milage                                      2.00                Defence                          1.00

Return                                        .10                  Entering Docket               2.00

Summoning jury                          .50                 Judgement                         .25

Milage                                        .90                 Transcript                       2.00

Attending trial               .50                 Transmitting papers          .25

Return                                        .10                                                           7.00

                                                 7.00    Clark E McDaniel           



Shared by Gary Wilkins