USA > Pennsylvania > Washington County > History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men > Part 52
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"Ord that the sheriff make use of the Room in the Fort now used as a Guard Room as a Goal for this part of the County, and also that John Campbell & Dorsey Pentecost Gent, with the survey of Prison Bound include the ally of the fort & two rods wide to the town.
" Robert Hannah6 being bound over to this Court for openly disturb- ing the peace by interrupting the Execution of Legal Process by the Officers of this Government, & did actually imprison a Certain Philip Reily in the discharge of his duty as a Constable against the Peace of our Sovereign Lord the King, being called, appeared & offered a Plea to the jurisdiction of the court, which Plea was Overruled, & It is Ordered that he be Committed to the Goal of this County & there to remain un- til he Enter into recog in the sum of £1000 with 2 secys in the sum of £500 each to be levied &c, in case Robt. Hanah is not of Good Behaviour for a Year & a day & also desist from acting as a magistrate within the colony of Virginia by any authority from the Province of Pennsylvania & that he keep the Peace to all his Majesties Liege subjects in the mean time: [thereupon the said Robt. Hannah with Wm. Elliot & Devereux Smith his secys ackd themselves Indebted to our Sovereign Lord the King, the said Hannah in the sum of £1000 and the sd Smith & Elliot in the sum of £500 to be levied &c, in case Robt. Hannah is not of Good Behaviour for a year and a day, & also desist from acting as & Magistrate from Pennsylvania under any authority derived from that province, and that he keep the Peace to all his Majesties leige subjects in the mean time ] .;
"James Caveat, Gent,8 being bound over to this court for sundry times malevolently opposed the authority of His Majestie's Officers of the Government of Virginia & has rioutsly opposed the legal Establishment of his Majestie's Laws in this country contrary to the Peace of our Sovereign Lord the King, being called appeared and offered a Plea to the jurisdiction of the court which was Overruled & it is Ordered that he be committed to the Goal of this county & there to remain until he enter into recog iu the sum of £1000 with two secys in the sum of £500 each to be levied &c in case James Caveat is not of good Behavior for a year & a day and also desist from acting as a magistrate within the colony of Virginia by any authority derived from the Province of
1 Of these "learned Thebans," Croghan, Campbell, Connolly, Small- man, and Gibson resided at Pittsburgh; Pentecost, then on the Youg- hiogheny, soon afterward in the present North Strabane township; Vallandigham, at the present Noblestown, and William Goe just below Brownsville. Gibson was the uncle of the afterward Chief Justice Gibson, of the Supreme Court of Pennsylvania.
2 A Westmoreland county official, living about where Wilkinsburg now is. The reader of the preceding " Boundary Controversy" will see that the contest comes into this Virginia court the first day of its exist- ence.
¿ The proprietor of Canonsburg.
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4 The renegade.
6 For Westmoreland County.
6 See Chapter XII., et seq.
7 The part in brackets erased in original.
8 Also a Westmoreland County justice.
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HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA.
Pennsylvania, & that he keep the Peace to all his Majesties Loyal sub- jects in the mean time.
" Francis Brown took the usual oaths to his Majesties' person & Gov- ernment, sub. the abjur. Oath & test & was sworn as a deputy Sheriff, with the consent of John Christian, by a note from under his hand.
" James Smith being bound over to this court for acting as a Commis- sioner 1 under an authority derived from under the Province of Pennsyl- vania, being called, appeared & on being heard, It is Ordered that he be committed to the Goal of this County, & there to remain until he enter into recog. in the sum of £100 with 2 sec'ys in the sum of £50 each, to be levied, &c., in case he is not of Good Behavior for a Year & a day, & also desist from Acting as a Commissioner from under any authority de- rived from under the Province of Pennsylvania within this colony.
"Ord. that David Steel, John Wals [Wallace], Oliver Miller, & Nathan Couch, they being first sworn, view a Road from Devores' Ferry 2 to the road that leads from Fort Dunmore to Dunfield's to join Dunfield's road on Shirtees Creek, near Ben Renoe's, & make report of the conv. & in- conv. to the next court.
" Ord, that the Sheriff Imploy a Workman to build a Ducking Stool 3 at the Confluence of the Ohio with the Monongohale, & that the Person Imployed bring in his Charge at the Laying of the Levy.
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" David Steel took the usual oaths to his Majestie's Person & Govern., sub. the ab. oath & test which is ord. to be certified on his commission of ensign, of Pittsburgh & its Dependencies.
"Ord. that Thos. Brown, Bazil Brown, Wm. Colvin, Reuben Camp, & Conrad Walter, they being first sworn, view a road from Old Redstone fort to Conrad Walters, & make a report of the conven. & inconven. to the next court.
"Ord. that the Court be adjourned until to-morrow morning at 10 o'clock.
"JOHN CONNOLLY."
" At a court con'd & held for Augusta County, Feb. 23d, 1775. Pres't, Jno. Campbell, John Gibson, Thos. Smallman, Wm. Goe, Jno. Cannon.
"James Berwick, Gent, is recommended to the Gentlemen to examine att'ys, as a person of Probaty, Honesty, & good Demeanor.
" Andrew Ross, Gent, is recommended to the Gentlemen to Examine atto's as a person of Probaty, Honesty, & Good Demeanor.
"On the Motion of Henry Heath, leave is granted him to keep a ferry on the Monongahela River from his House over the River to the land of Fras Hollo, & that he provide Boats.
"On the Motion of Michael Cresap leave is granted him to keep a ferry on the Monongohale River at Redstone fort to the land of Indian Peter, & that he provide a Boat.
"On the motion of James Devore leave is granted him to keep a ferry on the Monongohale River from his House over the river to the Mouth of Pidgeon Creek, and that he provide boats.
" Luke Joliff, being Committed & brought before the Court for desert- ing from the Militia & for taking with him a stand of arms & for pre- venting the Indians or not delivering up sund. Prisoners then in their Custody, & on hearing Sund. Wituesses & the said Luke, the Court are of Opinion that he receive for the said offence of deserting 500 lashes with a cat & nine tails on his bare back well laid on, & It Is said to the Sheriff that Execution thereof be done at such time and in such num- bers as not to endanger life or member.
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1 For Westmoreland County.
2 Monongahela City.
8 An arrangement by way of seat suspended at the end of a strong pole, over an upright, like the old-fashioned well-sweep, elegantly
adapted to cool „the temper of irascible females over the bank of a con- venient stream or spring O tempora, O mores !
"Ord. that Edward Cook, Joseph Hill, senr, Levi Stevens, Gilbert Sampson, Richard McMahon, John Decker, Paul Frooman & James In- Dis, they being first sworn view a road from Thomas Gist's to Paul Froo- man's Mill on Shirtees Creek & make report of the Conven & Inconven to the next court.
"Ord that Thomas Crooks, Wm. Bushears, Robert Thornton, Thus Egenton and Philip Whiten, they being first sworn, view a road from Redstone old fort to Shirtees creek to Paul Froomans & make report &c.
"On the motion of Jacob Bousman leave is granted him to keep a ferry across the Monongohale River from his house to the town opposite thereto, & that he provide & keep a suff. number of Boats for that purpose.4 * * * * * * * *
"Ord that David Steel, Thos Bond, John McKee & Silas Dexter, they being first sworn view a road from the mouth of the Yough. River at McKee's ferry 5 to the road from Devores ferry to Renoe's, near Sampson Beavers and so on to Froomans Mill & make a report &c.
" On the motion of Dorsey Pentecost it is ord that his mark be recorded a Crop in the left Ear & his brand D. P.
" Christopher Turby, John Carpenter, Joshua Wright, Joseph Hill Sr. John Hawthorn, Emson Brumfield, John Harden, Junr. John Pettyjohn, John Warick, James Booth, Reason Virgin, Ezekiel Rose, Wm. Haw- kins, James Taylor, Nathl. Blackmore, James Murdough, Jas Young, Abraham Slover, Jno Bell, John Dousman, Andrew Robinson, Nicholas Higarthy, Barney Wrother, Jno Castleman, Elias Myers, Wm. Teagard, Junr, Joseph Irwin, Jno Nicholas, James Baird, Saml. Hinley, Moses Smith, Levi Moore, Michael Martin, Richard Wells & Garshom Hull are appointed Constables & it is Ord that they be summoned to be sworn before a Magistrate or attend at the next court to be sworn.
"John Campbell & Dorsey Pentecost, the persons appointed to lay off the Prison bounds made a report & Ordered to be recorded.
* * * * * "Ord that Sheriff summon a Grand jury for the Inquest of the body of this county to appear here in May next. * * * " Ordered that Alexander McKee, James Innis, Thomas Galbraith, * Wm. Harrison, Thomas Gaddis, Jno Swearingen, Thomas Frooman, [Freeman] Benjamin Davis, Edward Cook, John Whitacre, Philip Ross, David Rogers, James Chew, David Scott, Chas Wheeler, Thos. Crooks, John Robertson, John Nevill, Michael Rough, Isaac Mason, Eli Coulter, Wm. Elliot, Henry Vanmetre, Geo. Rodger Clark, Richd Yates, John Irwine, Christopher House, & Joseph Beeler, are humbly recommended to his Excellency the Governor as proper persons to be added to the Commission of the Peace of this county.
"Edward Armstrong & James Ryon were brought before the Court for fighting in the Court Yard & disturbing the Court; It is Ord that they be Committed to the Goal of this County & there to remain until they Each Enter into recog in the sum of £10 with 2 secys on the sum of £5 Each to be levied &c for their appearance at the Grand jury in May next & that his Majesties deputy atto. prosecute them for the same; sum Geo Ashton, John Collins, and Samuel Mckenzie.
" On the motion of John Canon, It is Ord that his mark be recorded a Crop in the right Ear & half crop in the left. * * * * *
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"Geo Ashton took the Usual Oaths to his Majesties Person and Gov- ernment sub the ab Oath & test & Ord to be certified on his Commission of Captain of the Militia.
"License to keep an Ordinary is Granted to John Ormsby he having comp with the law.
"License to keep an Ordinary is Granted to Samuel Ewalt he having compd with the law.
"The last Will & Test of Shedrick Muchmoor decd was proved by Valentine Thos D'alton & Wm. Plumer two of the wits, & O. R. & on the Motion of Mary Muchmoor the widow, admin with the will annexed, is granted her she having compd with the law.
"Ord that Benj. Tomlinson, Joshua Baker, Jacob Cochrane, Jos Coch- rane, or any 3 app the est of Shedrick Muchmoor decd and return the app to the next court.
"Jonathan Muchmoor of the age of 19 years orph of Shedrick Much- moor decd choose Thos Smallman his Gdn who compd with the law.
" Ord that the Court be adjourned until tomorrow morning 10 O'clock. "JOHN CONNOLLY."
" At a court con'd & held for Augusta county, at Fort Dunmore, Feb. 24, 1775.
" Pres't, John Campbell, Jne Connolly, Thos. Smallman, John Gibson, Dorsey Pentecost. * * * * *
4 This last order is canceled on the records.
6 Mckeesport.
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CIVIL AND LEGAL-RECORDS OF WEST AUGUSTA COURT.
" Pres't John Cannon.
" License to keep an Ordinary je granted to Frederick Farre, he hav- ing compd with the law.
" The same to Jacob Bousman on the south side of the Mononguhale River opposite the Town.
"On the motion of Samuel Sinclair who lives in the forks of the River Monongohale & Youghagania, leave is granted him to keep a ferry over Each of the Rivers & that he keep boats.
" License to keep an Ordinary is granted to Saml Sample,1 he having complied with the law.
" Wm. Hawkins,2 Andrew Robertson, Nicholas Hagerty took the usual oaths to his Majesties Person & Government, sub the ab oath & test & then took the oaths of Constable.
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" Ord that Chas Bruce, Geo. Aston, Abraham Slover & Josiah Osburn, or any 3 of them being first sworn, View the nearest and best way from Fort Dunmore to Chas, Bruce's on Raccoon Creek & make report &c.
" His Majesties writ for adjourning this Court from Fort Dunmore to the Town of Staunton being read it is ordered that the Court be ad- journed accordingly.
"JOHN CONNOLLY."
" His Majesties writ for adjourning the Court of Augusta from Staun- ton to Fort Dunmore being read this 16th May, 1775.
" Present, Geo. Croghan, John Campbell, John Connolly, Thos. Small- man, John Gibson, John Cannon.
"Edward Ward 8 and John McCullock took the Usual Oaths to his Majestie's Person & Government sub the ab Oath & Test & then took the oath of Justice of the Peace and of the County Court of Chancery and of Justices of Oyer & Terminer.
" Henry Peyton took the oath of an atto & is admitted to Practice as such in this court.
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"At a Culd Court held for the Examination of Thos Glenn who stands Committed to the Goal of this County charged with the Murder of his servt Man, Peter Eglington.
"Pres't Geo. Croghan, John Campbell, John Connolly, Edward Ward, Thos. Smaliman, Jno. Gibson, Geo. Vallandigham.
"The above named Thos Glenn was brought to the barr & upon Ex- amination denied the fact wherewith he stands Charged, whereupon several Witnesses were sworn and Examined & upon Consideration of which the Court are of Opinion that he is Guilty of the fact wherewith he stands Charged & that he ought to be tried for the sd supposed fact at the General Court in October next at the 6th day thereof & in order thereto he is remanded to the Goal of this county & thence to be re- moved to the Pub. Goal in the city of Wmsburgh.
" Be it remembered, John McCullock, Moses Williamson, James John- son, James Nowland, of this County, ackd themselves Indebted to our Sovereign Lord the King in the sum of £100 Each to be levied of their respective Goods & Chattels Lands & Tenements in Case they do not ap- pear at the Capital in the City of Wmsburg on the 6th day of the next General Court & then & there give Evidence agst Thos Glenn for the Murder of his servt Peter Eglington & not depart without leave of the court.
" Then the Court did rise.
" Jos Blackford for the Prisoner.
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" GEORGE CROGHAN." * *
" Pres't Geo. Croghan, John Connolly, Edward Ward, John Cannon, John McCullock, John Gibson. * *
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" Benja Renoe, Geo. Redman & Thos Redman, 3 of the persons ap- pointed to view a road from Fort Dunmore to Frederick Dunfields & make a report, made their report. It is ordered that the Road be Es- tablished & that Geo. Redman and Benj Renoe be surveyors thereof & that the Tithables within 3 miles on Each side work thereon.
1 Washington's landlord in 1770.
2 Of Peters Creek.
8 The Edward Ward who as ensign of Capt. William Trent's company surrendered the fort then being erected at the confluence of the Monon- gahela and Ohio to M. Contrecœur and his forces, on April 17, 1754. He remained at Pittsburgh, and on March 6, 1787, was a voter for the elec- tion of justices in Dickinson township, residing on lands on the lower Chartiers. See the record concerning him at the first session of the Yohogania court, post.
" Wm. Crawford+ one of the Gent. in the Com of the Peace took the Usual Oath to his Majesties Person & Govern sub the ab Outh & tout & then took the Oath of a Justice of the Peace & a justice of the County Court in Chancery & of a justice of Oyer & Terminer.
" Pres't Wm. Crawford.
"On the Petition of Maby (?) Hayes & others, It is Ord that Peter Elrod, John Whitacre, Andrew McMeans, Benj. Davis, Silas Dexter, Gab). Cox, Richd McMahon, Benj. Sweet, & Robt. Henderson, or any six of them being first sworn view a road from Dorsey Pentecost's by Peter Barrachman's Ferry to Fort Dunmore and make a report of the Conv & Inconv to the next Court.
"On the motion of Capt. Paul Froman it is Ordered that John Dacker, John Munn, James Innis, & Thomas Eddington or any 3 of them being first sworn View the most conv. way from Froman's Mill on Shirtees creek to Froman's Mill on the East Side of the Monongahela & make a report &c.
" A grand-jury for the Inquest of the body of this County, to wit, Geo. McCullock, foreman, Oliver Miller, Abraham Teagarden, John Swan, Jesse Pigman, Bazil Brown, Richd Waller, Jacob Vanmetre, Wm. Colvin, Josiah Wallace, Moses Williamson, John Dacker, Richd McMahon, Richd McGlaughlin, & Daniel Cannon, having received their charge retired.
"On the complaint of James O'Neal against his Master Patrick Flem- ing for beating & abusing him, It is Ord that his Master be Sumd to appear here the next Court to ansr the Complaint & that he in the mean time treat well & give security for the same, himself in the sum of £30 & 1 secy in the sum of 15£ & thereupon he with James Chambere bis secy also in the sum of 15£ to be levied &c in case he doth not use bis servt James O'Neal well till the next Court.
"On the complaint of John Connolly, Gent., agnst Geo. Wilson,5 Gent, as a disturber of the Peace, on hearing the parties the Court are of Opinion that the Complt be dismissed.
"Ord that Richd Huls, David Steel, Thos Cook, Richd Crooks & Paul Froman or any 3 of them being first sworn view a road from Fort Dun- more to Paul Froman's Mill on Shirtees Creek & make a report &c.
"Ord that the court be adjourned until tomorrow morning 10 O'clock, " JOHN CAMPBELL."
" At a Court cons & held for Augusta County May 17th 1775.
* " Pres't Geo Croghan, Edward Ward, Thos Smallman, John Gibson, John McCullough, Wm. Crawford. * * * * * *
"On the petition of Rezin Virgin & others, It is Ord that Philip Shute, Richd Waller, Abraham Teagarden, Wm. Teagarden, George Teabolt, & Rezin Virgin or any 3 of them being first sworn view a road from the foot of Laurel Hill by Wm. Teagarden's ferry to the mouth of Wheeling & make a report &c.
"On the motion of David Mckee for leave to keep a ferry over the Monongohale & Youghogana which motion being Opposed, on hearing the parties It is considered that the sd ferry is Unnecessary ; It is there- fore Ord that the said motion be rejected.
Pres't John Cannon. % *
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"T- M- being bound over to this court on the complt of Archi- bald Hamilton for burning his House in the neighborhood of Sandy Creek, whereby he has lost some of his Effects, being called, appeared & on hearing the parties by their atto & sund wits, the Court are of Opinion that he is Guilty of a High Misdemeanor & It is Ord that he be Com- mitted to the Goal of this County for the ad offence, there to remain until he enter into recog in the sum of £100 with 2 secys in the sum of £50 each for his good behavior for a year and a day, & thereupon he with Jacob Bousman & Hugh O'Hara his secys ackd himself Indebted to * our Sovereign Lord the King in the sum of £100 & the sd Jacob Bous- man & Hugh O'Hara acknowledged themselves indebted to our Sovereign Lord the King in £50 each to be levied &c in case the said T- M- is not of good behavior for a year & a day. * * * * $
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"The Grand-jury for the Inquest of the body, of this County, re-
4 Col. William Crawford, it will be remembered, had been superseded in his office of justice for Westmoreland County on Jan. 25, 1775, and though named in Dunmore's new commission of the peace of Dec. 6, 1774, had not yet been sworn; after this date he continues a Virginia adherent.
5 This was Col. George Wilson, of Georges Creek, a native of Virginia, but a stout Pennsylvanian. His name has been of frequent occurrence in the "Boundary Controversy."
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208
HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA.
turned and having read several Indictments, true bills, It is Ord. that the King's atto do prosecute them, and that the clk. do Issue process on them accordingly, and also several bills of Indict. being prefered and found Ignoramus, it is Ord. that the same be dis'd.
"Ord. that the Court be adjourned until tomorrow morning, 10 o'clock.
" GEO. CROGHAN."
" At a court cond. and held for Augusta County, May 18, 1775.
" Pres't, Geo. Croghan, John Connolly, John Gibson, Geo. Vallan- digham.
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" Pres't, Edward Ward, John Cannon, Wm. Crawford, John McCul- Jock.1
" Thomas Scott being bound over to this Court for his acting and doing business as & Justice of the Peace under Pennsylvania in Con- tempt of the Earl of Dunmore's late Proclamation,2 as also to such other Misdemeanors as shall be then and there objected against him, appeared and on hearing him and the wits, the Court are of Opinion that he is guilty, and It is Ord. that he be Committed to the Goal of this county, and there to remain until he enter into recog. in the sum of £500 with 2 secy's, in the sum of £250 each, to be levied of their respective Goods and Chattels, Lands and Tenements, in case Thomas Scott is not of good Behavior for a year and a day, and also desist from Acting as a Magis- trate within the Colony of Virginia by any authority derived from the Province of Pennsylvania, and that he keep the Peace to all his Majestie's Liege Subjects in the mean time.8 * * ** * ** * %
"On the complt of John McNally against his Master, Caspar Real, for beating and abusing him, being sumd, appeared, & on hearing the par- ties and the wits, the Court are of Opinion that the Complt is Ground- less and be dismissed, & It is Ord that the Sheriff take the said servt an give him 25 lashes, well laid on, & It is said to the Sheriff that Execu- tion be done immediately.
" Caspar Real prod & made oath to his account of £2 16 0, his expenses in taking up his servt, John McNally, . . . when run away and for 4 days absent time, when run away. It is Ord that he serve the same according to law.
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" The persons appointed to view a Road from Shirtees Creek to Devores
1 The reader will now observe that an additional batch of justices take their seats upon the bench. An important cause is about to be heard, 2 Of Sept. 17, 1774.
8 A notice of this Thomas Scott, at the date of the above record a justice of Westmoreland County, has been given in the sketch of the boundary controversy. He became afterwards a member of the Supreme Executive Council, the first prothonotary and clerk of Wash- ington County, a justice of that county, her first member of Congress under the constitution of 1787, and held many posts of honor. He had been arrested on Nov. 12, 1774, at his home on Dunlap's Creek, and car- ried before Lord Dunmore (on the latter's return from "Dunmore's War"), where he was held to bail for his appearance at the Augusta County Court, soon to be established at Pittsburgh. He chose to give bail on account of his health.
The record shows his hearing before Dunmore's Court on May 18, 1775, but it will be observed that on the termination he does not enter into the recognizance directed, and therefore must have been impris- oned. There is nothing to show us how long he remained incarcer- ated, but " he was not released until accumulated resentment and the be- ginning of the war for liberty had burst his prison bonds and set many of Connolly's captives free."-Veech. Contrast the policy adopted by the Virginia authorities with that always pursued by the magistrates of Westmoreland County, as outlined by Governor John Penn in his letter of April 22, 1774, " to William Crawford, Esq., and his Associates, justices of Westmoreland county." In this letter it is said, " . . . As the Govern- ment of Virginia hath the power of raising a Militia, and there is not any such in this province, it will be in vain to contend with them in the way of Force ; the Magistrates, therefore, at the same Time that they continue with steadiness to Exercise the jurisdiction of Pennsylvania with respect to the distributions of justice and punishment of Vice, must be cautious of entering into any such Contests with the Officers of my Lord Dunmore as may tend to widen the unhappy Breach, and therefore, as Things are at present circumstanced, I would not advise the Magistracy of Westmoreland County to proceed by way of criminal prosecutions against them for exercising the Government of Virginia." (X. Col. Records, 171.)
ferry,4 made their report. It is Ord that the Road be established, & that David Steel & Jedd Ashcroft be overseers, and that the tiths within 3 miles on each side work thereon. * * *
" Ord that the Court be adjourned until to-morrow morning [sic], 3 o'clock in the afternoon.
"GEO. CROGHAN."
" At a Court Continued & held for Augusta County, May 19, 1775. Pres't John Gibson, Wm. Crawford, John McCullough, Edward Ward, John Cannon.
"On the Motion of Benj Wells, It is ordered that his Mark, a Crop & a Slit in the left Ear, be Recorded. * * * * * *
" Ord that the Court be adjourned until to-morrow morning, 8 O'clock. "EDWARD WARD."
" At a Court cond & held for Augusta County, May 20th, 1775. Pres't, Geo, Croghan, Edward Ward, Thos. Smallman, John Gibson. * ** * * * * *
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" On the Complt of James Ross against his Master, Moses Holliday, for detaining him as a servant, Contrary to Law, it was objected to by the Master and by his atto, that the Matter should not come on this Court, as the sd Master had never been Summoned, & had not had any previ- ous Notice thereof till he came to Court; but the Court Overruled the Objection, it appearing to the Court that he was fully prepared, & on hearing the Wits, the Court are of Opinion that the servt be set at Liberty.
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