USA > Maine > York County > Province and court records of Maine > Part 25
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219
COURT OF GENERAL SESSIONS, 4 JANUARY 1725/26
above recognizence to be void & of none Effect Otherwise to be & re- main in full force Strength & Virtue.
Memorand'm Sam'll Barto & Samuel Clark as principals Jacob Pirkins & Sam'll Black Suretys acknowledge themselves to be holden & Stand firmly bound & oblig'd unto our Soveraign Lord the King in the penall Sum of Ten pounds to be pd. to him or his Success'rs. The Con- dition of this recogniz'ce is Such that if the above bounded Sam'll Barto & Sam'll Clark Shall appear at the Next Court of Assize & General Goal delivery to be holden at York for Sd County & there to proscicute their Said Appeal w'th Effect And in the Mean time to be of Good behaviour towards his Maj'ty & all his Leige people that then the above recogniz'ce to be void & of none Effect otherwise to be & remain in full force & Virtue.
Taken in Court-Attest CHARLES FROST Cler
[The appeal: Superior Court of Assize and General Gaol Delivery held at York 11 May 1726.
Lynde, Davenport, Dudley, Quincy J. J.
Hill and Burton adj Dom Regis
William Hill and Samuel Burton applt's adj Domini Regis From the Sentence of the Court of General Sessions of the peace held at York for the County of York on the first Tuesday of January last past, when and where the Appl'ts with others were com- plained of by William Mogridge for Assaulting of him but he not Supporting his Com- plaint, the Court ordered that the Complaint should be quasht & that the Applts & others should be acquitted paying Cost's-And now It's Considered by the Court that the Applts be discharged without paying any Costs; forasmuch as the Complaint was Quashed at the last Court.
[Records Sup. Ct. of Judicature, etc., 1725-1729, Fol. 42]
[S. F. 19,326.]
To the Hon'ble the Justices of his maj'ties Court of Assize & Gen'l Goal Delivery to be holden at York within & for the County of York on the Eleventh day of May 1726
William Hill by his master Joseph Bragdon & Samuel Barto by his master Sam'l Clark appell't William Mogridge Appellee
The Appell'ts reasons of appeal from a Judgment or Sentence of his maj'ties Court of gen'l Sessions of the Peace holden at York within & for sd County the 4th day of Jan'y 1725/6 where Benja. Joh[nson] [Samuel] Staple, William Hill, Sam'l Barto & Benja: Googe appear'd to answer the Information & Complaint of Wm Mogridge before Wm Pepperrell Esq'r one of his maj'ties Justices of the Peace for sd County for Assault-
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PROVINCE AND COURT RECORDS OF MAINE
ing throwing down and beating the sd Wm Mogridge as per sd Compl't & Process and the Complainant not Supporting his Complaint it was considered by the Court that it should be quash'd & that the sd Benja: Johnson, Sam'l: Staple, Wm Hill, Sam'l: Barto & Benja. Googe be acquitted paying Cost of Court thirty Shillings & one peny a piece & stand comitted &tc.
Which Judgment or Sentence is wrong and erroneous & ought to be reversed for the reasons following.
1. Because the Judgment was that the sd: Benjamin Johnson Sam'll Staple &c should be acquitted paying Cost whereas they should have been acquitted & have had Cost allowed them for
2. The Appell'ts: being only informed agst by a private person Not in the King's name nor Presented by the Grand Jury & the Information or Compl't being quashed as afores'd the appell'ts: ought not by any means to pay Cost &c all which being Con- sidered by Your Hon'rs: Your Appellants doubt not but Your Hon'rs: will See cause to reverse the former Judgment & find for your Appellants Cost of Court
Dated 29th aprill 1727
Benja Gambling attor. pro appellants
Filed in the Office May 3d 1726 Att' Saml Tyley Cler]
[7:99]
Presentments made by the Grand Inquest to this Court are as followth
We do present the highway betwene Berwick & Wells that is both the Towns
We do present Elizabeth Moore daughter of John Moore of Kittery for fornication & Likewise Temperance Fernald the daughter of Sam'll Fernald of Kittery for fornication
We do present Nathan Knight of Scarbrough for Selling Strong drink without Lycence
Wee do present the highway between York & Wells, that is both Towns.
Wee do present John Werren [Warren?] of Kittery for being drunk & breach of Sabbath.
Wee do present John Webber of York for not Attending the Publick worship of God.
ANNO REGNI REGIS GEORGII DUODECIMO
At a Court of General Sessions of the Peace holden at York within & for the County of York Aprill 5th, 1726. Present John Wheelwright, Joseph Hammond, Wm Pepperrell jun'r, John Penhallow, Jos. Hill & Samuel Came Esq'rs.
221
COURT OF GENERAL SESSIONS, 5 APRIL 1726
The Grand Inquest are as followeth Vizt
Jonath'n Bane Form'n
Jn'o Furbush
Tho's: Killpatrick
Job Burnum
Sam'll Tobey
Benj'm Hatch
Jos. Prebble
Rich'd Rice
Jn'o Davis
Daniel Junkins
Clem't Dearing
Robert Knight
5 Ralph Fernum
10 Josiah Winn
15 Etherinton Hearle
The Grand Inquest that are Sworn for the Year Ensuing are as followeth
Arthur Bragdon jun'r Form'n
Tho's Pirkins
Joshua Remick Sen'r
James Samson
Elisha Andrewes
Sam'll Fernald
Samuel Harmon
Nath'll Rayns Jun'r
Will'm Tucker
James Littlefield
John Sedgley
14 James Fly
5 Abra'm Townsend
10 Simon Emery
The Selectmen of the Town of Wells, appeared to Answer their Towns presentm't for want of Sufficient highways betwene York & Wells, & Wells & Berwick who made excuse that the weather being bad that it could not be done before & that they would take effectual care that the said ways Should be Amended, Its Considered by the Court they be Acquited paying fees of Court 11s & Stands Committed.
Nathan Knight Appearing to this Court to Answer a presentment of the Grand jury Exhibited against for Selling Strong drink without Lycence, the Court having Considered that inasmuch as he was an officer in the Service & had ownly Lycures lodged with him by the Commissary Yet was under a Necessity of Supplying Some Travelers w'th a Small quantity for their refreshment, The Court have thought fit he be directed to Conform to the Laws for the future & that he be dis- miss'd paying fees of Court 20s6 & Stands Committed.
[7:100]
The Selectmen of the Town of York Appearing to Answer their Towns presentm't for want of a Sufficient highway between York & Wells praying the favour of the Court Inasmuch as they have of Late had bad wether they were before prevented; who promissing in behalfe of the Sd Town that Effectual care Should be taken that the Sd way Should be repaired Its therefore Considered by the Court they be Acquited paying fees of Court 11s & Stands Committed.
John Clark being Apprehended & brought to this Court upon the Information of Manwerin Beal, John Maclucus, Joseph Lowel & Mark Sheppard upon Oath vizt for that he the Said John Clark on the Second day of Aug'st 1725 with Six other men with him did in a Violent manner Enter on board Said Beals boat on the Sea about two leags from York harbour And there did Assault beat & wound Sd Beal threatening the
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PROVINCE AND COURT RECORDS OF MAINE
lives of him & Company & Attempting the Same by loading his gun & Snaping of her at Sd Beals breast & Swearing profainly Several times All which [is] contorary [sic] to the Peace of our Soveraign Lord the King his Crown & Dignity, he Acknowledging the fact & puting him- selfe upon tryal by this Court Its Therefore Considered by the Court that he be Committed untill he find Sureties for his Good behaviour towards his Maj'ty & all his Leadge people till the Next General Ses- sions of the peace to be holden at York for Sd County And Also that he pay a fine to his Maj'ty of 20s and 6s for his profane Swearing & fees of Court 34s & Stand Committed till Sentence perform'd.
Memd'm the Sd John Clark principall James Tyler of York & Moses Goold of Falmouth Suretys Joyntly & Severally Acknowledge them- selves to be holden & Stand firmly bound unto the Kings Maj'ty in the penall Sum of twenty pounds that the Sd John Clark Shall be of Good behaviour towards his Maj'ty & all his Leadge people till the Next Court of General Sessions of the Peace to be holden at York for Sd County on the first Tuesday of July Next & also for his Appearance there.
[7:101]
Whereas there was a warrant by Order of this Court directed to the Constable of York for to Apprehend John Webber So that he might be had to this Court to Answer a presentm't of the Grand jury Exhibited against him for not Attending the publick worship of God; The Said Constable making return that he had Apprehended the body of the within Named John Webber & Taken bond for his Appearance As per the Sd warrant & Constables return thereon Appears The Sd Webber not appearing, Ordered that his bond be declared forfeited & that a writt of Scira [sic] facias go out of the Clarks office of this Court against Sam'll Webber the Surety to appear at the Next Session in July Next to Shew reason if any he have why Execution ought not to go out against him for the fifty Shilling forfeiture in the Sd bond for the Sd Jn'o Web- bers non Appearance.
Whereas the former Selectmen of the Town of Berwick being Sumon'd to this Court to Answer their Towns presentment of the high- way between Berwick & Wells as per the Sumons, & Constables return thereon appears, they not appearing to answer the presentm't; Ordered by the Court that they be Sumonsed to Appear at the Next Sessions to Answer for their not Appearing att this Court to answer Sd presentm't & also for Contempt of Authority.
Joseph Woodsome of the Town of Berwick Appeared to this Court
223
COURT OF GENERAL SESSIONS, 5 APRIL 1726
to Answer a presentm't of the Grand Inquest Exhibited against him for profain Cursing. Its Considered by the Court that as he owned the fact he pay 5s fine to the Town of Berwick & fees of Court 7s & Stands Com- mitted till Sentence perform'd
John Penhallow Esq'r permitted to retail Strong Lycure65 till July Court Next.
Nath'll Donnill of York permitted to keep a publick house of Enter- tainment till July Court Next.
John Harmon being bound over to this Court by Joseph Hammond Esq'r one of his Maj'ts Justices of the Peace for this County to Answer what Shall be Objected against him on his Maj'ts behalfe for presuming to vote for the Choice of Selectmen in the Town of Kittery, It Appear- ing to the Court he was not quallified to vote; It being also Certyfied by the Constable he was not Entered in his List of rates, Its considered he be Admonished & pay fees of Court 9s6 & Stands Committed till Sen- tence performed.
Mr. Daniel Simpson Chosen County Treasurer & Sworn in Court.
[7:102]
Whereas it appears to this Court by a Certificate from the Town Clerk of the Town of Berwick that Cap'tn Elisha Plaisted & Cap'tn Nath'll Girrish were Chosen Constables at the Last Annual Town Meet- ing the Sd Gent'm Appearing & Shewing their resentments for the affront & indignity offered them thereby, the one had Sustained the office of a Justice of the Peace of this County & the other a Millitary Command'r, Its Considered they be Excused from Serving for Sd reasons which are Acceptable to this Court & that the Selectmen be di- rected to Inform the Town not to persist in Such practices for the future.
Roland Young & Nath'll Freman being bound over to this Court by Samuel Came Esq'r one of his Maj'ts Justices of the Peace for Sd. County on Suspicion of Taking away a horse from Benjamin Stone as per the Records of Sd Justice appears & it Appearing they were di- rected by Cap'n Edward Preble to take Sd horse for his Maj'ts Service & Inasmuch as they did not acquaint Sd Stone with it, Its Considered they be Acquited paying Cost of Court 2s & Stand Committed.
Thomas Dunn being bro't before this Court being Vehemently Sus- pected of Stealing one thirty & two Ten Shillings bills of Credit from James Cutchuk66 of Berwick Labourer as per the process; It appearing
65 At Georgetown, Arrowsic, where he was the resident Justice.
66 The name is an unusual one, and not found elsewhere in the records for this period.
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PROVINCE AND COURT RECORDS OF MAINE
by Sufficient evidence that he is guilty of the fact & Moses Goold being also Convicted of receiving & Consealing the Same; Its therefore Con- sidered by the Court that they receive fifteen Strips each of them on their Naked backs at the Post & pay fees of Court Eighteen Shillings each; or pay a fine to the King of three pounds each & fees as aforesd, Also Treable damage to the Said James Cutchuk the person Injured which is Seven pounds Ten Shillings; otherwise each of them to be dis- posed by him the Sd. James Cutchuk for five Months Service as the Law directs.67 They both received the Strips.
Mr. Daniel Simpson Treasurer of this County presented his Acco't to this Court for allowance & the Same was allowed & approved of there being as per Sd. Acco't due to the County two pound Sixteen Shillings & Six pence.
Cap'tn Edward Prebble being Chosen one of the Grand Inquest for the Town of York & he not Appearing to make Oath to his office. Ordered that he be Sumons'd to the Next Court of General Sessions of the peace to Answer to the premisses.
[7:103]
Nathan'll Jordon being Chosen one of the Grand Inquest for the Town of Falmouth & he not Appearing to take his oath to this Court tho being Sumons'd as per the Constables return; Ordered that he be Sumons'd to Next Court to Answer to the premisses.
Elizabeth Goodall now the wife of Sam'll Littlefield being presented for fornication her Sd Husband Appearing to Octob'r Court Last & making Excuse to Sd Court that It being daingerous times of the Indian Enemy was the reason his Sd wife did not appear to Answer her Sd presentm't, And whereupon it was order'd at Sd Court that She Should be heard before the Hon'ble John Wheelwright & Joseph Hill Esq'rs two of his Maj'ts Justices of the Peace for Sd County As per the Sd Records Appears; and the Sd Justices makes return to this Court in the words following as on file appears, vizt, persuant to the within order to us directed the w'thin Named Eliz'a Goodall now the wife of Sam'll Little- field Appear'd before us & Acknowledged the fact within Expressed; it is Considered She pay a fine to the King of thirty Shillings & Cost of Court Ten Shillings
JOHN WHEELWRIGHT JOSEPH HILL
Whereas The Committee appointed in Jan'ry Court Last to make a
67 Cf. 1702 Province Laws ch. 9, An Act to Prevent Charges Arising upon the County for Prisoners Committed for Theft. (1 Acts and Resolves, 504-505.)
225
COURT OF GENERAL SESSIONS, 5 APRIL 1726
new Examination of the Acco't of Abra'm Prebble Esq'r late Treasuer of this County as per the Records of Sd Court appears make report that in the former report which they made on Sd acco't the 8th of May 1724 they then found there was then due to the County £66:8:2 & Since it appears to them that Mr. Daniel Simpson the present County Treasurer hath receiv'd of Sd Sum 43:0:0 & that Mrs. Mary Prebble Adminis- tratrix on the Sd dec'd Estate hath Since paid the former Sheriff John Leighton Esq'r 17:11:0 & that there is not Charged the full for receiv- ing & paying out the County money Since his Acco't presented & allowed at the Court of General Sessions of the Peace in Aprill, 1724 by 2:6:6 So they find upon the ball'ce of the Said Acco'ts there remains due to the County from the Sd dece'd three pounds Ten Shilling & eight pence as per Sd report on file appears.68
Ordered that the Committee appointed Last Court to Examin the Acco't of Abra'm Prebble Esq'r late Treasurer of this County be al- lowed ten Shillings a peace each of them for their Pains & Trouble in Examing Sd Acco't to be pd out of the County Treasury.
[7:104]
Ordered that the three pound Ten Shillings & Eight pence due to this County from the Estate of Abraham Preble Esq'r late Treasurer of this County as per the report of the Committee appointed to Examin Sd Treasurers Acco'ts be pd. to Mr. Daniel Simpson the present Treasurer of this County
Presentments made to this Court by the Grand Inquest are as fol- loweth vizt
Wee the Grand inquest do present Thomas Collen of Berwick for profain Swearing & Likewise Edward Andrews of Berwick for profain Swearing.
We also present the reputed wife of John Snow of Kittery for forni- cation.
Wee also present Hannah Wench of York for fornication.
Wee also present Abigail Redicks of York the wife of George Redicks for fornication. JONATH'N BANE Form'n
[Superior Court of Assize and Gaol Delivery held at York 11-13 May 1726. Lynde, Davenport, Dudley, Quincy, J.J.]
Order about the Venires, &c.
Ordered that the Justices of the Court of General Sessions of the Peace for the 68 See also supra, 159-161, 216.
226
PROVINCE AND COURT RECORDS OF MAINE
County of York, and also their Clerk, be and hereby are Certified, That Samuel Tyley, one of the Clerks of the Superiour Court of Judicature &c issued out four Venires di- rected to the Constables of the several Towns in the said County, for their Choice of jurors to attend the Service of the sd Superiour Court &c at their present Sessions That so the Justices of the said Court of Sessions may order him the payment of Six shillings out of the County Treasury for the sd venires & the Sum of four shillings to the Sheriff for Dispersing [sic] the Same Pursuant to a Resolve of the General Court or Assembly of this Province in the year 1725. Also ordered, that the sd Court of Sessions be desired to pay six shillings to the Belman for his service at the sd Superiour Court during their present Session.]
[Records, Sup. Ct. of Judicature, etc., 1725-1729, fol. 42, verso.]
ANNO REGNI REGIS GEORGII DUODECIMO
At a Court of General Sessions of the Peace holden at York for & within the County of York July the 5th 1726.
Present John Wheelwright, Joseph Hamond, Will'm Pep- perell jun'r, Sam'll Plaisted, John Gray, Joseph Hill & Sam'll Came Esq'rs.
The Grand inquest were as Followeth
Auther [sic] Bragdon junr'r Form'n Sam'll Harmon
Jn'o Lord
John Sedgley
James Fly Abra'm Townsend
Nath'll Jordon
Nath'll Rayns jun'r Elisha Andrews
Joshua Remick
Tho's Pirkins 5
Wm Tucker
Simon Emery 10
Nath'll Jordon of Falmo'th appear'd to this Court to answer for his not appearing at the Last Court of General Sessions &c he being Chosen one of the Grand inquest by the Sd Town of Falmouth for this County as per the warr't & Constables return thereon appears; Hee making Excuse to the Acceptance of this Court & taking the Oath to the Sd Office Its Considered by the Court he be acquited paying fees of Court 7s. & Stand Committed
Ordered that there go out a Special Warr't from the Clerk of this Court to apprehend Cap'tn Edward Prebble So that he may be had at the Next Court of General Sessions of the Peace to be holden at York for Sd County to Answer for his refusing to take the Oath of a Grand- juror being thereunto Chosen by the Town of York & Somon'd by the Constable of Sd Town to appear at Aprill Court Last & also for his re- peated Contempt of Authority in not appearing at this Court tho Sumon'd by a Sumons from the Clerk of this Court As per the Con- stables return therein appears.
227
COURT OF GENERAL SESSIONS, 5 JULY 1726
[7:105]
Ordered that one Hundred & Eight pounds be Asses'd on the In- habitants of part of this County fifty four pounds thereof to be paid in to the County Treasurer by the first day of October Next, The other fifty four pounds to be paid into the County Treasurer by the first day of Aprill Next; And the Treasurer is hereby directed to Issue out his warrants to the Selectmen of the Several Towns accordingly vizt
York twenty Seven pounds Ten Shillings £ 27:10:0
Kittery thirty one pounds five Shillings £ 31: 5:0
Berwick twenty three pounds fifteen Shillings £ 23:15:0
Wells Seventeen pounds Ten Shillings £ 17:10:0
Falmouth Three Pounds Ten Shillings
£ 3:10:0
£ 2:10:0
Biddeford two pounds Ten Shillings Arrundel two pounds £ 2: 0:0
£108: 0:0
Hannah Wench of York in Sd County appeared to Answer her pre- sentment for fornication. She owning the fact & made Oath that Daniel Carr of Salsbery is the father of Sd Child, Its Considered by the Court that She receive Seven Strips on her Naked back at the post & pay fees of Court 7s. or that She pay a fine to the King of 30s. & pay fees of Court as afores'd & Stands Committed.
Ordered that a warr't Issue out of the Clerks office directed to the Sheriff of the County of Essix [sic] or his Debuty [sic] to apprehend the aboves'd Daniel Carr to appear at the Next Court of General Sessions of the peace to be holden at York for Sd County to answer Sd accusa- tion.
George & Abigail Redicks appeard to this Court to answer her pre- sentment for fornication, they owning the fact, Its Considered by the Court that each of them receive Seven Strips on their Naked back & pay fees of Court 12s or that they pay a fine to the King of 30s each of them & fees as aforesaid & Stand Committed untill Sentence performed
William Mogridge is allowed twenty Shillings to be paid out of the County Treasury for ring[-ing] the bell & fitting platforms for the Su- periour & Inferiour Court in full discharge to this day.
[7:106]
John Webber of York in Sd County of York Appeared to answer his presentm't for not Attending the Publick worship of God & also for his
228
PROVINCE AND COURT RECORDS OF MAINE
Contempt of Authority in not appearing at the Last Court; Its Con- sidered by the Court that he be Admonished for his Sd Contempt of Authority & pay a fine to the poor of the Town of York of 20s & Costs of Court 17s & Stands Committed untill Sentence perform'd.
Thomas Collens of Berwick in Sd County appeared to Answer his presentm't for profain Swearing & being thereof Convicted; Its Con- sidered by the Court that he pay a fine to the poor of the Town of Berwick of 5s & fees of Court 7s & Stands Committed untill Sentence be perform'd.
Whereas Edward Andrews was Apprehended to Appear to this Court to Answer a presentm't of the Grand jury Exhibited against him for profain Swearing: He having Sent a Petition Seting forth that he was not able to Attend this Court he being very Ill & Indisposs'd of body & it So appearing to the Court, Ordered by the Court that he be heard before the Hon'ble Joseph Hammond Esq'r one of his Maj'ts Justices of the Peace for this County & that he make report thereon at the Next Court of General Sessions of the Peace to be holden at York for Sd County on the first Tuesday of October Next.
[Y. F. 1725-1726, No. 7]
To the Hon'ble the Justices of His Majest's Court of Generall Sessions of the Peace now Sitting att York
The Humble Petition of Edward Andrews of Berwick Most Humbly Sheweth that Whereas your Hon'rs Petitioner Stands Presented by the Grand Inquest for Profane Swearing &ct. I Do most Humbly Confess that I am Guilty, But am Not able to Come to Court by Reason of Illness which I now Labour under, I therefore Humbly Pray that your Honours would Favourably Excuse my not Appearing and Appoint what Amerce- ment your Hon'rs Shall think fitt and I will Endeavour to Comply therewith, or other- wayes as in Your Hon'rs Wisdom Shall Seem Meet, And your Petitioner as in Duty Bound Shall Ever Pray &ct.
Berwick July the 5th 1726
[signed:] Edward Andrew]
John Snow Appear'd to this Court & own'd himselfe guilty of the act of fornication with Mary Frink who is now his reputed wife. Its Con- sidered by the Court that he receive Seven Strips on his Naked back at the post & pay fees of Court five Shillings or that he pay a fine to the King of thirty Shillings & fees as aforesaid & Stand Committed untill Sentance performed. It Appearing to this Court that his Sd wife is ill & indispos'd of body & not able to attend the Court, Ordered that She be heard before the Hon'ble Joseph Hammond & William Pepperrell jun'r
229
COURT OF GENERAL SESSIONS, 5 JULY 1726
Esq'rs two of his Maj'ts Justices of the peace for this County & that they make report thereon at the Next Court of General Sessions of the peace to be holden at York for Sd County on the first Tuesday of October Next.
John Clark Appeared to this Court & was Cleared of his bonds for his Good behaviour by proclamation
[7:107]
Cap'tn Elisha Plaisted, Capt'n Humphery Chadborn, James Grant, Tho's Butler & John Cooper the former Selectmen of the Town of Berwick Appear'd to this Court to Answer their Towns presentm't for want of a Sufficient highway betwene Berwick & Wells: And also for Contempt of Authority in not appearing at the Last Court tho being Sumon'd as per the Sumons & Constables return theron appears. Its Considered by the Court that they be Admonished for their Sd Con- tempt & they promising to take Effectual care that the Sd way be Amended, Its Considered they be acquited paying fees of Last Court 11s & fees of this Court 11s & Stand Committed untill Sentence be performed.
Henery Simpson being Apprehended & bro't to this Court to An- swer to his being Accused of being guilty of the Act of fornication with Sarah Johnson who is now his reputed wife; He pleaded not guilty & nothing Appearing Sufficient to Convict him Its Considered he be Ac- quitted paying fees of Court 13s & Stands Committed untill Sentance perform'd.
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