USA > North Carolina > The state records of North Carolina, vol. XXII, pt. 1 > Part 35
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March 5th.
The Court met according to Adjournment. Melchior Tarr, John Rose, Jolm Slmford, Sen'r, Martin Shuford, Jun., and Daniel Wise, charged with having signed and encouraged the sending a certain Petition to Josias Martin, Injurions to the Independence of this State, and other Misdemeanors against this State, which Misde- meanors being confessed by the Parties above named, they severally prayed the Benefit of the Governor's Proclamation dated Jan'y 1, 1777, pardoning certain Offences against the State therein named and committed before the date of the said Proclamation, the Offend- ers or Perpetrators of the Crimes therein recited surrendering within Twenty Days from the Date of said Proclamation. It is adjudged by this Court that the aforesaid Melchior Tarr, John Rose, John Shuford, Senr., John Shuford, Jour., Martin Shuford and Daniel Wise are within said Proclamation, and having taken the Oath therein prescribed, they were discharged, first having given Security for their Good Behavior and preservation of the Peace, Vide Docket of Recognizance sequent.
James Williams, Esquire, enme into Court and took the Oath pre- seribed for the Qualification of Publick Officers and an Oath of Office as a Lawyer of this State.
Be it remembered, that upon Oath of Matthew Locke, James Smith, Jolm Dickey, Robert King, Robert Moore, Christopher Becekman, George Lamkin, Jacob Castuer, Charles Medlock, James McFaddon, James Meredith, James Hamton, Giles Hedspeth, Thomas Pointdexter, John Blair, George Kimmans, John Ford,
504
STATE RECORDS.
Matthew Steward and James Barr, good and lawful men of the District of Salisbury aforesaid, here sworn and charged to enquire for the State of North Carolina for the Body of said District, it is presented in Manner and Form as follows, That is to say :
SALISBURY DISTRICT.
The Jurors for the State of North Carolina, upon their Oath, present that Patrick English, late of the Parish of St. Luke, in the Comty of Rowan, Labourer within the District of Salisbury, on the Thirtieth Day of January, in the Year of our Lord One thousand seven Hundred and seventy seven, with Force and Arms, at the Parish aforesaid, in the County aforesaid, one fielding of a sorrel Colour, of the price of ten Pounds Sterling, of the proper Goods and Chattels of Richard Graham, then and there fomul, feloniously did steal, take and lead away, against the Dignity, peace and good Gor- ernment of the said State; And the said Patrick English, being in Custody of Galbraith Falls, Esquire, Sheriff of the County of Rowan, within the said District, in whose Custody in the publick Gaol of the District aforesaid, for the Cause aforesaid, the said Patrick had been before committed, being brought to the Bar here in his proper Person, is connnitted to the said Sheriff, and forth with concerning the Premises in the said Indictment above specified, and charged on him as above, being asked in what Manner he would be tried thereon, he, the said Patrick English, saith that he is not guilty thereof, and concerning this for good and ill, he puts himself upon his Country. Therefore, let the Jury thereupon immediately come before the lon- orable Sam'l Spencer, Esq., Judge, commissioned as aforesaid, who are of no Affinity to the said Patrick English, to recognize upon their Oaths whether the said Patrick English be guilty of the Felony afore- said or not. And the Jurors of the said Jury, by the said Sheriff to this Matter impamelled and returned (to-wit) : Alexander Erwin, Joseph Cunningham, Peter Mill, Sam'T Knox, William Moore, Ed- ward MeGuire, John Hoyle, Robert Donnall, John Olephant, Jolm MeConall, Jolm Sloan and Samuel Templeton, being called, come, who, being chosen, tried and sworn to speak the Truth of and con- corning Premises aforesaid, say, upon their Oath, that the said Patrick English is guilty of the Felony in the Indictment specified, charged upon him above, in Manner and Form as by the said Indiet- ment above against him is supposed, and that he at the time of com- mitting the said Felony, or at any time since, had no goods or Chat-
505
STATE RECORDS.
tels, Lands or Tenements to the Knowledge of the said Jurors. And upon this it is required by the Court here of the said Patrick English if he hath or Knows any thing to say for himself why the Court here ought not to proceed to Judgment and Excention concerning him upon the said Verdict; who says nothing besides what at first. he had said. Whereupon, all and singular the premises being seen and un- derstood by the Court here, it is considered by the Court here that. the said Patrick English be taken from the Place from whence he rame and from thence to the Place of Execution, and there to be hanged by the Neck until he is Dead. Ordered by the Court that the Sheriff of Rowan County put the above Sentence in Excention on Monday, the toth lust., between the Hours of 10 o'clock in the fore , noon and 10 o'clock in the afternoon, and that the Posse of said county guard at the Execution.
Be it remembered, that upon the Oath of Matthew Locke, James Smith, Jolm Dickey, Robert King, Robert Moore, Christopher Beeckman, George Lamkin, Jacob Castner, Charles Medlock, James McFaddon, James Meredith, James Hampton, Giles Hedspeth, Thomas Pointdester Jolm Blair, George Kimmons, John Ford, Matthew Steward and James Barr, good and lawful men of the Dis- triet of Salisbury aforesaid, have sworn and charged to enquire for the State of North Carolina for the Body of the District aforesaid. It is presented in Manner and Form as followeth, that is to say :
SALISBURY DISTRICT -- Jurors for the State of North Carolina, upon their Oath present that William Anderson, late of Unity Parish in the County of Guilford, within the District of Salisbury, Laborer, on the twenty-eighth Day of Feb'mary, in the year of our Lord one thousand seven lumdred and seventy-seven, at the Parish aforesaid, in the County aforesaid, one hundred Dollars of the Bills of Credit of the said State of the proper goods and chattels of David Lowe, of the Value of twenty Pounds sterling, then and there found, with Force and Arms feloniously did steal, take and carry away, against the Dignity, Peace and good Government of the sail Suite. And the said William Anderson, being in Custody of Galbraith Falls, Esque., Sheriff of the County of Rowan, within the said District (in whose Custody), in the public Gaol of said District, for the Canse aforesaid, he had been before committed, being brought to the Bar here in his proper Person, is committed to the said Sheriff, and forthwith concerning the Premises in the said Indictment above
506
STATE RECORDS.
specified and charged on him as above, being asked in what manner he would be tried thereon, the said William Anderson saith that he is not guilty thereof, and concerning this for good and ill he puts himself upon his Country; therefore let the Jury thereupon immedi- ately come before the said Sammel Spencer, Eapr., Judge, commis- sioned as aforesaid, and who are of no affinity to the said William Anderson, to recognize upon their Oaths whether the said William Anderson be guilty of the Felony or not; and the Jurors of the said Jury by the said Sheriff impannelled and returned to this Matter (to wit) John Oliphant, Leonard Carr, Sammel Templeton, John Sloan, James Cathey, William Moore, Edward Sharpe, John Hoyle, James McCulloch, Joseph Cunningham, Edward McGuire and Har- mon Butnor, being called, come, who, being chosen, tried and sworn to speak the Truth of and concerning the premises aforesaid, say upon their Oath that the said William Anderson is guilty of the Fil- ony aforesaid, in the indictment specitied, charged upon him above in manner and form as by the said Indictment above against him is sup- posed ; and that he at the Time of Committing the Felony had no goods or chattels, Lands or Tenements to the Knowledge of the said Jurors; and upon this it is required by the Court here of the said William Anderson, if he hath or knows anything to say for himself why the Court here onght not to proceed to Judgment and Execution concerning him upon the said Verdict, who prays his Clergy; where- upon all and singular the Premises being seen and understood by the Court here, it is considered by the Court here that the said Wil- liam Anderson shall have Benefit of Clergy and that he be forthwith publiekly branded on the Ball of the Thumb of the left Hand with the Latter T. Be it remembered that the said William Anderson, af- ter the above sentence was executed was remanded to Gaol with all Fees paid, and said William took an Oath of Insolvency and was discharged.
Then this Honorable Court adjourned till Tomorrow, 10 o'clock.
March 6th.
The Court met according to adjournment. Samuel Bright being brought before this Court to answer to a charge of having committed sumdry Misdemeanors against the State by encouraging the Enemies of said State. The said Samuel took the Benefit of the Governor's Proclamation before mentioned and took the Oath therein prescribed and was discharged.
507
STATE RECORDS.
Be it remembered, that upon the Oath of Matthew Locke, James Sinith, John Dickey, Robert King, Robert Moore, Christopher Beekman, George Lankin, Jacob Castner, Charles Medlock, dames McFaddon. James Meredith, James Haniton, Giles Hedspeth, Thomas Pointdexter, John Blair, George Kimmons, John Ford, Mat- thew Steward and James Barr, good and lawful men of the District of Salisbury aforesaid, here sworn and charged to inquire for the State of North Carolina for the Body of the District of Salisbury aforesaid, it is presented in Form and Manner as followeth, that is to say :
SALISBURY DISTRICT, to-wit : The Jurors for the State of North Carolina, upon their Oath present, That Hugh Patton, late of Inity" Parish, in the County of Guilford, within the District of Salisbury. Blacksmith, on the twenty-ninth Day of October, in the Year of our Lord one Thousand seven hundred and seventy-sis, with Forer and Arms, at the Parish aforesaid, in the County and District aforesaid, in the Dwelling House of one Thomas Alexander, theresituate, inand upon the said Thomas Alexander, then and there being in the Peace of God and of the said State, feloniously did make an assault, and him, the said Thomas Alexander, in bodily Fear and Danger of his Life, in the said Dwelling House, then and there did feloniously did put and one Rifle Gun of the Value of one pound sterling of the Goods and Chattels of the said Thomas Alexander from the Person and against the Will of the said Thomas, in the dwelling aforesaid, then and there violently and feloniously did steal, take and carry away, against the Dignity, Peace and good Government of the State, And the said Hugh Patton, being in Custody of Galbraith Falls, Esqr., Sheriff of the County of Rowan, within the said District of Salisbury ( in whose Custody), in the public Gaol of said District, he had been before committed, being brought to the Bar in his proper Person, is committed to the said Sheriff, and forthwith, concerning the Premises in the said Indictment above specified, and charged on him as above, being asked in what manner he would be tryed thereon, the said Hugh Patton saith, That he is not guilty thereof, and concerning this, for good and ill, he puis himself upon his Country. Therefore, let the Jury thereupon immediately come in- fore the said Sammel Spencer, Esq., Judge, commissioned as afore- said, and who are of no Affinity to the said Hugh Patton, to rereg- nize upon their Oaths whether the said Hugh Patton be guilty or not.
508
STATE RECORDS.
And the Jurors of the said Jury, by the said Sheriff to this Matter impanelled and returned, to-wit: Richard Graham, John Hoyle, Robert Domall, Edward Sharpe, Sammel Knox, Benjamin Robe- won, Griffith Rutherford, Jolm Graham, Leonard Carr, Hugh Mont- gomery, James Cathey and William Spruce, being called, come, who, being tried, chosen and sworn to speak the Truth of and concerning the Premises aforesaid, say upon their Oath, That the said Hugh Patton is guilty of the felony and Robbery aforesaid, in the Indict- ment specified, charged upon him above in manner and Form as by the said Indictment above against him is supposed; and that he at the time of committing the said Felony had no goods or Chattels, Lands or Tenements, or at any time since, to the Knowledge of the said Jury ; and upon this it is required by the Court here of the said Hugh Patton if he hath or knows any thing to say for himself why the Court here ought not to proceed to Judgment and Execution concerning him upon the said Verdict ; who says not besides what at first. he had said; Whereupon, all and singular the Premises being seen and understood by the Court here, it is considered by the Court here that the said Ingh Patton be taken from the Place from whence he came and from thence to the Place of Excention and there to be hanged by the neck till he be dead. Ordered by the Court that the Sheriff of Rowan County put this sentence in Execution on Monday, the 10th hast., between the Hours of 10 o'clock in the forenoon and 1 o'clock in the Afternoon, and the Posse of the said County guard at the Execution.
Be it remembered, that upon the Oath of Matthew Locke, James Smith, John Dickey, Robert King, Robert Moore, Christopher Beeck- man, George Lamkin, Jacob Castner, Charles Medlock, James Mc- Faddon, James Meredith, James Hamton, Giles Hedspeth, Thomas Pointdexter, John Blair, George Kimmons, John Ford, Matthew Steward and James Barr, good and lawful Men of the District of Sal- isbury aforesaid, bere, sworn and charged to enquire for the State of North Carolina for the Body of the District aforesaid, It is presented in Manner and Form as followeth, that is to say :
SALISBURY DISTRICT: The Jurors for the State of North Caro- lina, upon their Oaths, present That Samuel Jones, late of the Par- ish of Saint Jude, in the County of Surrey, within the District of Salisbury, Labourer, on the twenty Eighth Day of January, in the Year of our Lord, one thousand seven hundred and seventy-seven,
509
STATE RECORDS.
with Force and Arms, at the parish aforesaid, in the County afore- said, in the dwelling house of Malchom Curry, there situate, in and upon the said Malchom Curry, in the Peace of God and the said State, then and there being felonionsly, did make an Assault and him, the said Malchum Curry, in bodily Fear and Danger of his life, did put, and one Rifle Gun of the Value of forty Shillings ster- ling of the Goods and chattels of the said Malchina Curry from the Person and against the Will of the said Malchum Curry, in the dwelling House aforesaid, then and there violently and feloniously did steal, take and carry away, against the Dignity, Peace and good Government of the said State. And the said Samuel Joues, being in the Custody of Galbraith Falls, Esq., Sheriff of the Conuty of Rowan, within said District, in whose Custody in the Gad of the District aforesaid, for the Cause aforesaid, he had been before com- mitted, being brought to the Bar here in his proper Person, is com- mitted to the said Sheriff and forth with concerning the premises in said Indictment above specified and charged on him as above, being asked in what Mamer he would be tried thereon, the said Samuel Jones said that he is not guilty thereof, and concerning this for good and ill he puts himself upon his Country; therefore, let the Jury thereupon immediately come before the Judge commissioned as aforesaid here, and who are of no affinity to the said Samuel Jones, to recognize upon their Oaths whether the said Sammel Jones be guilty of the Felony and Robbery aforesaid or not. And the Jurors of the said Jury, by the said Sheriff to this Matter impannelled and returned, to-wit: James Cathey, Benjamin Robeson, James MeC'ul- loch, David Smith, Alexander Erwin, Leonard Carr, Sanmel Knox, John Hoyle, John Lewis, William Spruce, Richard Graham and William Neslmtt, being called, come, who, being chosen, tried and sworn to speak the Truth of and concerning the premises aforesaid, say upon their Oath that the said Sammel Jones is Guilty of the Felony and Robbery aforesaid, in the Indictment specified, charged upon him above in Manner and Form as by said Indictment above against him is supposed, and that he at the time of Committing the said Felony, or at any time since, had no Goods or Chattels, Land- or Tenements, to the knowledge of the said Jurors. And upon thi -, it is required by the Court here of the said Samuel Jones if he hath or knows any Thing to say for himself why the Court here ought not to proceed to Judgment and Exceution concerning him upon the
:
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STATE RECORDS.
said Verdiet; who says nothing beside what at first he had said; whereupon, all and singular the premises being seen and understood by the Court here, it is considered by the Court here that the said Sanmitl Jones be taken from the place from whence he came and thenee to the place of Execution and there be hanged by the neck till he be dead. Ordered by the Court here that the Sheriff of Rowan pat this Sentence in Execution on the 16th Day of April next, be- tween the Hours of 10 o'clock in the forenoon and I o'clock in the afternoon, and that the Posse of the said County Guard the Excen- tion.
Then this Honorable Court adjourned till tomorrow, 10 o'clock.
March 7.
The Court met according to adjournment. Several Indictments returned in Court by the Grand Jury, which were tiled, as will ap- pear by the Pocket sequent. Sundry Recognizances taken in open Court, as per Docket sequent.
Be it remembered, that upon the Oath of Matthew Locke, James Smith, John Dickey, Robert King, Robert Moore, Christopher Beeck- man, George Lamkin, Jacob Castuer, Charles Medlock, Jame's Me- Faddon, James Meredith, James Hamton, Giles Hedspeth, Thomas Pointdexter, John Blair, George Kimmons, John Ford. Matthew Steward and James Barr, good and lawful men of the District of Salisbury aforesaid, here sworn and charged to inquire for the State of North Carolina for the Body of the District aforesaid, it is presented in Manner and Form as followeth, that is to say :
SALISBURY DISTRICT (to-wit ) : The Jurors for the State of North Carolina, upon their Oath, Present that Jacob Odom, late of Unity Parish, in the County of Guilford, within the District of Salisbury, Labourer, on the thirtieth Day of January, in the Year of our Lord one thousand seven hundred and seventy seven, with Force and Arms, at the Parish aforesaid, in the County and District aforesaid, in the dwelling House of one William Bell, there situate, in and upon the said William Bell, in the Peace of God and the said State, then and there being feloniously, did make an Assenlt, and him, the said Wil- liam Bell, in bodily Fear and Danger of his Life, in said dwelling Honse feloniously did put, and one smooth bore Gon of the Value of ten Shillings sterling, of the Goods and Chattels of the said Wil- liam Bell, from the Person and against the will of the said William
511
STATE RECORDS.
Bell, in the dwelling Houses aforesaid, violently and feloniously did steal, take and carry away, against the Dignity, peace and good Gov- ernment of the said State; Whereupon cometh the said Jacob Odum. under the Custody of Galbraith Falls, Sheriff of the County of Rowan, within the District of Salisbury ( in whose Custody ), in the Caol of the district aforesaid, the said lacob Odom, for the Cause aforesaid had been before committed, being brought to the Barr hore in his proper person, is committed to the said Sheriff, and forthwith concerning the premises in the said Indictment above specified, and charged on him as above, being asked in what Maner he would be tried thereon, the said Jacob Odom saith that he is not Guilty thereof and concerning this for good or ill he puts himself upon his Country, therefore, let the Jury thereupon inonediately come before the Judge; commissioned as aforesaid, who are of no allinity to the said Jacob Odom, to recognize upon their Oaths whether the said Jacob Odom be guilty of the Felony and Robbery aforesaid or not. And the Jurors of the said Jury, by the Sheriff to this Matter impaunelled and returned (to wit): Robert Doannall, William White, Peter Miall, William Spruce, Nicholas Welch, John Hoyle, Dagoman, Michael Brown, David Nesbett, Edward Sharpe, Josia Ronnsevill and John MeConnall, being called, come, who, being chosen, tried and sworn to speak the Truth of and concerning the Premises afore- said, say upon their Oath, that the said Jacob Odom was guilty of the Felony and Robbery charged in the Indictment on the twoutvieth Day of January, in the year of our Lord one thousand seven hundred and seventy five, and not on the thirtieth Day of January in the year of our Lord one thousand seven hundred and seventy seven, as charged in the Indictment above specified, and the said Jacob Odom produced here in Court a Charter of pardon of all felonies and Rob- beries committed before the twenty-Fourth Day of July, in the year of our Lord one thousand seven hundred and seventy-Five, under the Hand of Josiah Martin, then Governor of this State, and under the Great Seal of this State. And the Premises being fully seen and understood by the Court here, it is considered by the Court here that the Pardon above specified doth comprehend and cover The Felony and Robbery found by the Verdict of the Jury aforesaid. And the said Jacob Odom is discharged and goeth without Day.
512
STATE RECORDS.
DOCKET OF INDICTMENTS RETURNED INTO THE COURT BY THE GRAND JURY THIS TERM.
1. The State vs. Patrick English, Horse Stealing. Prisoner ar- raigued and plead Not Guilty. Vide Record ante.
2. The State vs, Jolm Brindts, Assault. Charged and submitted to the Court. Fined Twenty Shillings.
3. The State vs. William Anderson, G. Lar. Prisoner arraigned and plead Not Guilty. Vide Record ante.
4. The State vs. Jas. Mexander, Trespass. Not a True Bill.
5. The Same vs. The Same. Trespass. True Bill. Ordered by the Court that a Capias issue to bring said Jas, answer next Court, iss'd.
6. The State vs. Hugh Patton, Robbery in a dwelling House. Prisoner arraigned and pleads Not Guilty. Vide Record ante.
7. The State vs. The Same, Robbery. Prisoner's arraigned and pleads Not Guilty.
6. The State ys. The Same, Robbery. Prisoner arraigned and Pleads Not Guilty.
9. The State vs. Nicholas Welch, Misdemeanor. Charged and submitted to the Merey of the Court. Fined £2 on this and the fol- lowing Indt.
10. The State vs. The Same, Misdemeanor. Charged and sub- mitted.
11. The State vs. Win. Coyle & Samuel Jones, Robbery in a dwelling House. Samuel Jones arraigned and plead Not Guilty. Vide Record ante. Let a Capias issued Coile.
12. The State vs. The Same, Robbery. Jones arraigned and pleads Not Guilty. Let a Capias issued Coile.
18. The State vs. Joseph Smith, Misdemeanor. Charged and submitted to the mercy of the Court. Fined 2.
14. The State vs. Jos. Smith & Brothers, Misdemeanor. Nol Pros. entered by direction of the Court.
The State vs. John Beverly, Jesse Beverly, Robbery. John Bev. orly arraigned and pleads not Guilty, Rocommitted.
The State vs. Francis Hedrick, Peter Garner, Barnet Young, Michael Young, Adam Lewis, George Burkhart, Gasper Hyster, Res- ened. All charged, plead guilty and submit to the Court. Fines as follows: Francis Hedrick, £3; Peter Garner, £2; Barnet Young,
513
STATE RECORDS.
£5; Michael Young, 10s. ; Adam Lewis, 10s. ; George Burkhart, 10s. ; Gasper Ilysler, E5.
The State vs. William Brandon, Assault. Charged and. pleads Not Guilty.
The State vs. The Same, Trespass. Charged and pleads Not Guilty.
The State vs. The Same, Trespass. Not a true Bill.
Fines paid in Court and deposited in the Hands of the Honorable Samuel Spencer, Esqr., received of-
John Brunts £ 100,
Nicholas Welch
200
Joseph Smith
Francis Hedrick 3 0 0
2 0 0
Peter Garner
5 0 0
Barret Young
10
0
Michael Young
10
0
Adam Lewis
10 0
George Burkhart
5 0 0
Gasper Hysler
£21 10 0
The above is a Record of the Proceedings of the Court of Oyer held for Salisbury District, March 3rd, 1777.
AD. OSBORNE, C. C.
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