This is a Message Board Post that is gatewayed to this mailing list. Author: farwellwalter Surnames: Dover, Burnes, Buckham, Lovelady, Napper, Short, Furgason, Lambert, Wade, Jones, Barrett, Cook, Applegate, Ligget, Slusher, Hunsaker, Lownes, Wilkinson, Bell Classification: biography Message Board URL: http://boards.rootsweb.com/localities.northam.usa.states.iowa.counties.fremont/7467/mb.ashx Message Board Post: HOLT COUNTY, MISSOURI, CIRCUIT COURT CASE No. 409: "State of Missouri - VS - Mounts Dover for swearing a lie". I. -- STATE OF MISSOURI - to - CONSTABLE OF BLUFF TOWNSHIP, COUNTY OF HOLT, Greetings: WHEREAS a complaint has been made before me, one of the justices of the peace....upon the oath of James P. Burnes that one Mounts Dover....did on the 18th day of January 1845 at the house of T. L. Buckham, Esq., wilfully and knowingly swear a lie against said James P. Burnes... THEREFORE I command you to take said Mounts Dover...and have his body before me, or some justice to answer the said complaint and be further dealt with according to law. GIVEN under my hand and seal this 23rd day of January 1845.--(Signed) Thomas J. Lovelady, J.P. II. The first date pertinent to this trial begins in September 1837: It is deposition of Patrick Napper taken at the house of William Short in Cabell county, Virginia: "On Sept. 1837, I was on the road and in a jocular manner stated that I would like to fool somebody out of $5.00. Edmund Furgason and Sperry then disclosed to me secretly a plot to get Benches mare, and offered me that if I would go in I might share the profit of said trick. They told me that if I would write the instrument I might share a part of the profits. They told me that the instrument proposed to be written was to be a note that they would let on the Bench that it was a receipt to take a spell off a gun. He further states that this conversation transpired a few days before Benches mare was taken." -- Patrick Napper III. -- The next date this that of a transcript from the Lawrence County Circuit Court, July Term, 1840: (Edmund Furgason complains of William Lambert and accuses him of speaking slanderous words to wit: "Edmund Furgason is a horse thief and I can prove it." "Ned Furgason is a horse thief (there meaning Edmund Furgason)." " Ned Furgason is a rogue, he stole a horse". The plaintiff has been greatly damaged in his good name and reputation. However, the Lawrence county Court had requested a copy of the Napper testimony above, dated 1837! The charges were dismissed and the cost of the case was assessed against plaintiff Edmund Furgason. IV. Now we jump to August 6, 1844. The transcript outlined in III (above) has on the outside a note: "I assign the within transcript to James P. Burns for 'valise sum' this 6th day of August 1844. (Signed) WILLIAM LAMBERT." V. January 13, 1845: 1. -- "...Sayeth I was over at James Wades on last Monday (Jan. 13, 1845) it was a week ago, and saw Mr. Lambert and asked him if he had been to mill and he said he had. I was just starting home and Lambert asked me to ge in his wagon. He asked me (David Jones) and Mr. Barrett who was present, if either of us would see Mr. Burns. Shortly, Lambert stated if we did that he wanted me at the trial on Jan. 18, 1845 to let him know. That he would come to let him know. And then Lambert commenced telling the circumstances of the suit. As we went on to my (Jones) house, he told me that as Burns returned from Kentucky he told Mr. Furgason that he would take trade and give up the transcript and that Mr. Burns had sued Mr. Furgason on and that the said Furgason would not do it, but proposed giving his note and lift the transcript." -- DAVID JONES 2. -- "On last MOnday was week ago (Jan. 13, 1845) I went to the Cook's mill and met Mr. Lambert and Mr. Cook and I supposed he had been to mill..." -- James G. Applegate 3. -- "On 13th day of January 1845 I was at Cook's mill. I had crossed the bridge of The Lake. I had not gone far 'til I met Edmund Furgason and I believe too this young man Dover. As they met me I bid them good evening. I think they made answer the same. Furgason as he passed by the wagon asked me if I had been to mill. I told him "Yes". Nothing more was passed between us. QUESTION by the State: Did you ever say in the presence of Dover or any person else that the transcript was settled in whole or in part? ANSWER: I did not. QUESTION by the State: "Did you ever send word to Burns to give up the paper to Furgason? ANSWER: I did not. QUESTION by the State: Did not you say that Mr. Furgason had paid you up that transcriipt or near about it? ANSWER: I did not. QUESTION by the State: Did you not say it that you had sent word to Mr. Burns to give up that transcript? ANSWER: I did not. VI. Events of January 16, 1845: 1. "....I heard Mr. Furgason and Mr. Burnes trying to make compromise...Myself and Mr. Ligget and Mr. Dover were trying to make a compromise between them." -- Eli Slusher QUESTION: Did Mr. Furgason say if I would come by his house they could have settle it? ANSWER: Mr. Furgason said that he thought they could. QUESTION: Mr. Slusher, do you know what case that was they were trying to settle? ANSWER: I do not. 2. -- "On the 16th I heard Edmuond Furgason tell James P.Burns to come by his house on Sunday and they would try to settle...." -- JOHN LIGGET. VII. -- The trial at T. L. Buckham's house, January 18, 1845: 1. -- "Mr. J. P. Burns brought suit against Mr. Edmund Furgason on a transcript of a judgment from Lawrence County Circuit Court as assignee of William Lambert of 18th January 1845".--T. L. BURKHAM 2. Mounts Dover appeared as a witness and stated that last week (Jan. 13, 1845) he had seen "...Mr. Lambert as he went from mill and he said that Mr. Lambert told him that Mr. Furgason had paid him all or about all up, and that he had sent word to Mr. Burns to give up the papers...." 3. "...Sayeth that Mr.Dover stated that he had seen Mr. Lambert last week end. He told him that Mr. Furgason had nearly all up ...etc..etc..".--ISAAC HUNSAKER 4. (CALEB P. LOWNES gave the same testimony as Isaac Hunsaker.) 5. -- "Mounts Dover did on 18th January 1845 I understood testified that Mr. Lambert had received about all on a transcript from the Circuit Court from Lawrence County, Kentucky, by which he conveyed to me....". -- JAMES P. BURNS. VIII. "Mounts Dover and A. C. Dover gave bond before Thomas J. Lovelady and John C. Scott that Mounts Dover would appear before Holt County Circuit Court to answer charge of perjury and abide the judgement of the Court.". -- January 25, 1845 IX. -- Holt County, Missouri. Trial before Thomas J. Lovelady. January 27, 1845, which had been ordered on January 23, 1845: Nicholas Hunsaker delivered the following subpoenas: 1. Witness James Fowler (Not found in my township. Signed Henry H. Bruce, constable of Bluff township.) 2. Witness George W. Wilkinson (No notations.) 3. David Jones is to appear on January 27, 1847 at the house of Thomas J. Lovelady between the hours of 8 and 10 o'clock in the forenoon. 4. Witnesses Jacob Bell and A. C. Dover. 5. Witness T. L. Buckham is to bring with him a transcript from "your office from the Circuit Court of Lawrence county, Kenturcky which remains in your office". N.B.: Cook's Mill was located on Mill Creek, almost straight south of present day Riverton, Iowa....."The Lake" was the outlet for all the surface water which gathered on the Missouri bottom in townships 70 , 69 and 68. After moving slowly southeastward through numerous waterways in these three townships, the surface waters finally had formed a single channel called "The Lake" by the time they reached township 67. This single channel drained into the Nishnabotna river in southeast Hamburg.....William Lambert took over the McPherson woodyard located four miles north of Nebraska City after the latter had moved to Kansas with the Pottawatomie.....That part of Holt county, Missouri which included all of present Atchison county, Missosuri and the southern half of Fremont county, Iowa, was set off in early 1845. I wonder it this trail was continued at Linden!-- W.F. Important Note: The author of this message may not be subscribed to this list. If you would like to reply to them, please click on the Message Board URL link above and respond on the board.