State vs. Nathaniel Rudd

Hillside pasture at Rudd, Arkansas.

Book F pg 539

  F-539
               November 4th 1851

Comes now on this day the Grand jury into court
here and filed various bills of Indictment and
having no further business before them were
discharged by the Court.

The Bank of the State of Arkansas      Plaintiff
vs § [section symbol] Debt
John B Webster
James B Simpson and
Alexander H McKisick                   Defendants
     Comes now on this day Presley R
Smith as late Sheriff of the County of
Washington and on his motion leave is by the
court here granted to amend the returns of
said Sheriff on the summons in this cause
by signing his name as such ^ [insertion] Sheriff to said return
which amendment is accordingly made

State of Arkansas                      Plaintiff
vs § [section symbol] Bastardy
James M Sawyer                         Defendant.
     Comes now on this day said defendant
by attorney and files his motion to dismiss this cause
for want of jurisdiction.

State of Arkansas
vs § [section symbol] Indictment for Murder
Nathaniel Rudd
     Comes the State by her attorney
in this behalf prosecuting and the said
Defendant in his own proper person in
custody of the Sheriff, and thereupon said
plaintiff by attorney and [deletion] files his motion
in writing for a continuance of this ^ cause [insertion] and
shows to the court here that she cannot go safely
to trial for the want of the testimony of
James A. B. Roten1 who is a material witness
in this cause and the court here, after
due consideration thereon had, doth
sustain said motion for a continuance
It is therefore considered by the court
that this cause stand continued until
the next term of this court and the prisoner
remanded to the jail from whence he came

Book F pg 540

                                       F-540
               November 4th, 1851

State of Arkansas
vs § [section symbol] Indictment for Murder
Nathaniel Rudd
     And now on this day on motion of the
attorney for the state comes now into court Thomas Branum2,
Simeon Moore, Thomas Reins, John W Peal, Lewis Reins
Charles Philips, Moses Crawford, Charles Sneed, John Moore,
Green J Morris3, James Fauchier4 [Fancher] & William C Morris who
severally acknowledge themselves to owe and stand fully
indebted to the state of Arkansas in the sum of two hun-
dred and fifty Dollars such to be levied of their respective
goods and chattels lands and tenements but to be void
if they should severally appear before the Judge of our
Washington circuit court at a court to be holden at the
court house in the Town of Fayetteville in the county of
Washington on the ninth Monday after the fourth mon-
day of February 1852 there and then to testify and the
truth to speak in behalf of the state of Arkansas in
the trial of the above entitled cause and should
not depart said court without leave

Stark Mhoon5                        Plaintiff
vs § [section symbol] Trespass on the case6
Stephen B Enyart7                   Defendant
     Comes now on this day the parties by their
respective attorneys and the jury being called appeared
and took their seats in the jury box whereupon the arguments
of the [strikethrough] counsel being resumed and after having consumed
the day in the arguments of counsel the arguments were closed
on both sides and the jury received the instructions and
law in charge from the court, and were put under
rule, and dismissed until tomorrow morning nine
o’clock

Ordered that court adjourn until tomorrow
morning 9 o’clock                A.B. Greenwood8 [signature]
                                                                        Judge

Wednesday morning 9 o’clock November 5th 1851
court met pursuant to adjournment
present same as on yesterday

Book F pg 542

                                       F-542
               November 5th, 1851

State of Arkansas                      Plaintiff
vs § [section symbol] Indictment for Murder
James J Rudd                           Defendant
     comes now on this day the State by her
attorney in this behalf prosecuting and the said
defendant to the bar of the court here brought in
custody of the sheriff whereupon the state by her attorney
says she is unwilling further to prosecute this suit, and
by leave of the court here enters a nolle prosequi
herein  It is therefore considered by the court that said
Defendant be discharged of and from said Indictment
and go hence hereof without day.

State of Arkansas                      Plaintiff
vs § [section symbol] Indictment for Murder
Nathaniel Rudd                         Defendant
     And now on this day on motion of
said defendant by attorney comes here into court
George M Armstrong9 William Rudd Crockett Rudd
Richard Robins William A. Blevins and James J Rudd
who severally acknowledge themselves to owe and stand
justly indebted to the state of Arkansas in the sum
of two hundred and fifty dollars each to be levied
of their respective goods and Chattels Lands and
tenements, but to be void if they should severally
appear before the Judge of our Washington Circuit
court at a court to be holden at the court house
in the Town of Fayetteville Washington County
on the ninth Monday after the fourth Monday
of February 1852 there and then to testify and
the truth to speak in behalf of the said Nathaniel
Rudd on the trial of the above entitled cause
and should not depart said court without
leave:

State of Arkansas                      Plaintiff
vs
Thomas S Dalson10 [Dalton] as principal
and John Irvin security
     Comes the attorney for the state
in this behalf prosecuting and the said Thomas S
Dalson [Dalton] being solemnly called comes not but wholy [wholly]
makes default and the said John Irvin being also
solemnly called to produce the body of his said
principal also wholy fials [wholly fails] to appear and produce

Book G pg 13

                                       G-13
               April 28th 1852

Comes now on this day the Grand jury and files various
Bills of Indictment and retires from the bar to con-
sider further of their duties.

John D. Crouch                         Plaintiff
vs
Tandy K Kidd11                      Defendant
     Comes now on this day said plaintiff by
attorney and files his two several replications12 to said defendants
first plea [deletion] of setoff [deletion] amended plea of setoff, and his demurrer
to said Defendants second plea of setoff

State of Arkansas                      Plaintiff
vs
Nathaniel Rudd                         Defendant
     Comes said State of Arkansas by her
attorney in this behalf prosecuting and the said Defendant
Nathaniel Rudd being to the bar of the court here brought
by the Sheriff of said county. And the Jury being called
appeared and took their seats in the jury Box and the
examination of Witnesses on the part of the state commenced
and after having consumed the day the examinations of
Witnesses on the part of the state was not concluded
the jury was by order of the court placed under
the charge of the Sheriff until tomorrow
morning 8 o’clock and the prisoner by
order of the court remanded back to the jail
of said county from whence he came

Ordered that court adjourn until tomorrow morning
8 o”clock
                              A.B. Greenwood [signature]
                                       Judge

Thursday morning 8 o”clock April 29th 1852
Court met pursuant to adjournment present same
as on yesterday

Book G pg 14

                                                  14
State of Arkansas                      Plaintiff
vs § [section symbol] Indictment for Murder
Nathaniel Rudd                         Defendant
     And now on this day comes the state
of Arkansas by her attorney in this behalf prosecuting
as well as the said defendant in custody of the sheriff to the
bar of the Court here brought whereupon both parties
declaring them selves ready for the trial of this cause, It is
ordered by the court that a venire13 issue to the Sheriff of
Washington County, returnable forthwith commanding him
to summon thirty eight good and lawful men of said
county out of which to select a jury to try the issue herein
found, which is accordingly done and thereupon the sheriff
returned said Venire duly executed according to law
whereupon the defendant[,] being duly served with a copy of
the pannel [panel] according to law herein court[,] expressly waives
all further time allowed him for the inspection of said
pannel [panel] and desires to be put upon his trial where from
said pannell [panel] the following jurors were selected towit [to wit], Thomas
Matthews John Fletcher, Dedrick Yous14 [Yoes] Willis Boyd George
B Ballard David Maberry Stephen B Enyart William
Redman and George W Gordineer15 where said pannel being
exhausted, It is ordered by the court that a Venire issue
directed to the Sheriff of Washington county, returnable forth-
with commanding him to summon Eleven other good
and lawful men of said county out of which to complete
the jury aforesaid, whereupon the sheriff forthwith
returned said last mentioned writ duly executed
and the defendant being duly served with a copy of
the names of the persons thereon desired to progress with
this cause where to complete the jury aforesaid the following
persons were selected towit [to wit] Robert Harris Ethelbert
Arrington and Larkin Nall16 Making in all twelve
good and lawful men of said county of Washington
who being duly sworn according to law well and truly
to try the issue found herein and a true verdict to
render according to law and evidence and there
not being time to day to progress with the trial of this
cause the jury are[,] by the consent of the parties
herein court expressly given[,] permitted to retire under
the charge of the court until tomorrow morning nine
oclock and therefore It is ordered by the court that
the prisoner be remanded to the jail of said county
from whence he came.

Book G pg 15

                                       G-15
               April 29th 1852

State of Arkansas                      Plaintiff
vs Indictment for Murder
Nathaniel Rudd                         Defendant
     Comes said State of Arkansas by
her attorney in this behalf prosecuting and the said
defendant Nathaniel Rudd being to the bar of the
court here brought by the sheriff of said county and the
jury being called appeared and took their seats in
the jury box where the examination of witnesses in this
cause was resumed and after consuming the day
the examination of witnesses was not [strikethrough] concluded the
jury was by order of the court placed under the
charge of the sheriff until tomorrow morning 8
oclock and the prisoner by order of the court
remanded to the jail of said county from whence
he came.

Ordered that court adjourn until
tomorrow 8 oclock [deletion] morning 8 oclock
                                   A.B. Greenwood [signature]
                                          Judge

     Friday morning 8 oclock April 30th 1852
     court met pursuant to adjournment present same
     as on yesterday

State of Arkansas                      Plaintiff
vs § [section symbol] Indictment for Murder
Nathaniel Rudd                         Defendant
     Comes said state of Arkansas by her attorney
in this behalf prosecuting as well as the defendant
Nathaniel Rudd to the bar of the court here brought in custody
of the sheriff of said county and the jury being called
appeared and took their seats in the jury box, when
the examination of witnesses was concluded and the argument
of counsel commenced and after consuming the day and
the arguments of counsel not being concluded the jury was
by order of the court placed under the charge of the Sheriff until
tomorrow morning 8 oclock and the prisoner by order of the
court remanded to the jail of said county from
whence he came.

Book G pg 16

G-16
               April 30th 1852

Ordered that court adjourn until
tomorrow morning 8 oclock

               Saturday morning 8 o’clock May
               1st 1852 court met pursuant to adj-
               ournment present the same as on yesterday

State of Arkansas                      Plaintiff
vs
Nathaniel Rudd                         Defendant
     Comes now on this day the
State of Arkansas by her attorney in this behalf
prosecuting as well as the said defendant Nathaniel
Rudd in custody of the Sheriff to the bar of the court here
brought and the jury being called appeared and
took their seats in the jury box and after hearing the
argument of counsel concluded, and the instructions
of the court, retired from the bar to consider of their
verdict and after due consideration thereon had[,] returned
into court here the following verdict towit [to wit] “We the jury
find the defendant Nathaniel Rudd not guilty
Signed, Stephen B Enyart17 foreman[“] It is therefore
considered by the court that said defendant be
discharged of and from said Indictment and go
hence hereof without day.

Comes now on this day the grand jury and files
various Bills of indictment and retires from the bar
to consider further of their duties.

State of Arkansas                      Plaintiff
vs
James Stewart                          Defendant
     Comes the State of Arkansas by her
attorney in this behalf prosecuting and the defendant
James Stewart in his own proper person in custody
of the sheriff to the bar of the court here brought and
the said defendant having had hearing of said
indictments saith that he is not guilty in manner
and form as charged in said Indictment


  1. James Allen Ballinger Roten (1812-1862) 1st Brigade, 2nd Division, 8th Military District, Missouri State Guard. “Severely wounded” at the Battle of Wilson’s Creek. 
  2. Thomas Branum (1809-) moved to Leavenworth County, Kansas, during Civil War 
  3. Green Jordon Morris (1827-1911) A. M. Rudd and W. M. Usrey were witnesses on his Confederate pension application 
  4. James F. Fancher (1790-1866) original surname was Fauchier 
  5. Stark Mhoon (1807-1888) 
  6. Trespass on the case: an action brought to recover damages from a person whose actions have resulted indirectly in injury or loss 
  7. Stephen Best Enyart (1816-1866) Capt., Enyart’s Comany, Arkansas Mounted Volunteers in Mexican War, 1846-1847 
  8. Alfred Burton Greenwood (1811–1889) See Encyclopedia of Arkansas History & Culture. 
  9. George Maxwell Armstrong (1809-1862) 
  10. Thomas S. Dalton not sure, may be member of Dalton Gang 
  11. Tandy K. Kidd (1810-1862) 
  12. Replications: In common law, the plaintiff’s reply to the defendant’s plea or answer 
  13. Venire:  A writ issued by a judge to a sheriff directing the summons of prospective jurors (also called venire facias) 
  14. David Dedrick Yoes (1824-1862) 
  15. George W. Gordineer (1814-1900) 
  16. Larkin Nall (1802-1861) 
  17. Enyart was foreman of the jury, but also had his own trial the same week 

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