Feb Term 1788

[OCPQS 4/103 - Feb 1788 – similar to OCPQS 3/675]

[The minutes of the Feb 1788 Term of the Court of Pleas are in serious disarray. Parts of them are at OCPQS 3/676-691 in draft form, while other parts of them are at OCPQS 4/101-106 as well as OCPQS 4/95-100. Their correct order is OCPQS 4/102-106, OCPQS 3/683, OCPQS 4/95-100, OCPQS 3/691. They are presented here in blended form incorporating all of what appears in OCPQS 4 along with the parts of OCPQS 3 which do not appear in OCPQS 4. This transcript then resumes with the May 1788 minutes at OCPQS 4/107.]

At a County Court of pleas & quarter Sessions begun and held for the County of Orange at the Court house in Hillsborough on the 4^th Monday of Feb’y AD 1788 being the 2d of said month and the XII year of our Independence. Present: Wm McCauley, Eli McDannel, Wm Lylte} Esqs.

The Sheriff returns the venire Facias, to wit: Jo Thompson, Jno Breeze, Abram Thompson, Ro Tinnen, Wm Wallace, Sampson Wood, Richard Cates, Elias Turner, Charles Dunnagin, Thomas Trice, Zachariah Herendon, Richard Lee, Wm Shepperd, Jacob Beason, James Freeland Jr, Thomas Strain, James McAdams, James Tinnen, Wm Galbreath, Matthew Rippy, Wm Bowls, John Carter, Enoch Bradley, Wm Andrews, Jesse Towel, James Ball, Wm Murry, Edward Wortham, James Moore, James Watson, John Carrington, Jno Douglass, Isaac Jackson, Geo Newton, John Horne, Wm Woodey, Isaac Holt, Pat Henry.

[OCPQS 4/104 - Feb 1788 – similar to OCPQS 3/676]

Remaining Jurors of the original pannel, to Wit: Robert Tinnen, Charles Dunnagan, Richard Cates, Jacob Beason, Samuel McAdams, Sampson Wood, James Freeland Jr, Wm Bowls, Isaac Jackson, Jno Breeze, Abram Thompson, Wm Wallace, Thomas Trice, John Carrington, Zacheriah Herendon, Wm Galbreath, Edward Wortham.

James Kenneday resigns his appointment as Constable.

James Bowers is appointed Constable in the room of James Kennedy for the district of Chatham.

Ordered that a road be laid off the best and nearest way from Davises Shop the east side of flatt river crossing said river at the publick bridge to Hillsborough and that the following persons lay off and make out the same & make return thereof to next Court, to wit: Jno Latta Sr, James Latta, Wm Carr, Wm Dunnagin, Wm Jimmerson, Geo Newton, John Carrington, Arthur Mangom, Anthony Cozart, Samuel Torentine, Arther Harris, John Riggs, John Latta Jr, James Watson, Edward Wortham & James Carrington.

Grand Jury balloted impanneld and sworn to wit: James Ball Foreman, John Douglass, Wm Murry, Elias Turner, Geo Newton, Wm Woods, Jesse Towel, Richard Lee, Wm Andrew, James Turner, Thomas Strain, John Horne, William Shepperd, James Watson, Joseph Thompson.

Ro McIntire Constable sworn to attend the grand Jury this Term.

[OCPQS 4/105 - Feb 1788 – similar to OCPQS 3/677 & 678]

Joseph Allison vs Jacob Lake} Debt. Jury sworn to wit: Hugh Rogers, Andrew McClary, Jno Dannel, Jno Davis, Thomas Cates, James Johnston, Alexander McKee, Joseph Weeks, Ro Tinnen, James Kennaday, John Carrington, Edward Wortham. Find the Tender legal, the plaintiff to pay the costs of suit this sum amounting to £18.5.

John Stroud vs Dudleys Admr} Same Jury as in No 13 Thomas Hall in the room of James Johnston. Verdict for the Defendant.

Andrew Gibson vs Wm Picket} Jury sworn to wit: Charles Dunnagin, Richard Cates, Jacob Beason, James McAdams, John Breeze, Abram Thompson, Wm Wallace, Thomas Trice, Wm Galbreath, Isaac Jackson, Joseph Tade, Stephen Hart. Find for the plaintiff £75.5 in money to be discharged with the payment in Certificates &  Costs bide Trial Docket for and in Certificates.

Jno Rhodes vs Robert Abercrombie} debt. Former Jury sworn find for the plaintiff £13.17.2 with Costs of Suit.

James

James Johnston fin’d 20 Shillings for non attendance as a Juror.

[OCPQS 4/106 - Feb 1788 – similar to OCPQS 3/679]

Ordered that Andrew Patton be appointed overseer of the road from Hamiltons Branch to Brice Collins in the room of David Bradford.

Hugh McAdams is appointed overseer of the road instead of Jacob Beason from Back Creek to Haw river.

A Tatom, John Estes and Sterling Harris are appointed to assess the ???? town property.

Richard Williams is appointed overseer of the road instead of Dan’l Cloud from little river to town.

Thomas Loyd is appointed overseer of the road instead of David Lapslie from Fossetts mill to buckhorn Creek.

Wm Clerk is appointed overseer of the road instead of William Woods.

Wm Durham is appointed overseer of the road from Fredrick Loyd’s Spring to Chatham line instead of Benjamin Lacy.

James Anderson appointed overseer of the road instead Mathew of Rippy [sic] from begining of new road near Wm Mabanes to Ellisses Ferry on River.

Sherwood Dunnagin is appointed is appointed overseer of the road in the room of Charles Dunnagin from the widow Brittons to Wm Caines.

Letters of administration on the Estate of Thomas Faucet Deceast are granted to Debrough Faucet & Edward Turner upon their giving sufficient Security.

Ordered that Wm Dickson an orphan child aged six years Last Oct’r be bound Robert McCracken until he arrive to the age of twenty one years. [See Apprentice Bonds, image 120. William was formerly bound to Alexander McCracken, see OCPQS 4/2.]

Ordered that Wm Chapman an orphan child between aged 11 years last June be bound to Edward Wortham until he arrives to the age of 21 years to learn the trade of a Carpenter. [Bond not found. He had previously been bound to Francis Wilkinson at OCPQS 4/98.]

[OCPQS 4/107 - Feb 1788 – similar to OCPQS 3/680 & 681]

Court adjourns till tomorrow morning 10 o’Clock.

Tuesday morning 10 o’Clock the 26^th February 1788, Court met according to adjournment. Present: Wm McCauley, Jno Raney, Wm Courtney} Esqs.

Ordered that Abner Tapp who is chargd of having begotten a Bastard child on the body of [blank, but apparently Mary Peek]. [See Bastardy Bonds image 428, also OCPQS 4/84.]

Barnet Troxler records his mark to wit: Two under bits in the right ear and a smooth Crop in the left.

Court adjourns til tomorrow 10 o’Clock.

Wednesday morning 10 o’Clock 27^th Feb’y 88, Court met according to adjournment. Present: Alex’r Mebane, Eli McDannel, Wm Ansley} Esq’s.

Ordered that the Sheriff expose to sale the house and lott in Hillsbo of James Lindley taken by virtue of an Execution at the Instance of Edward McDannel for the sum of £7.15 Debt and Costs 17/4.

Ordered that an orphan boy call’d John Dickson aged five years the 28^th of April next be bound to Brice Collins Sr until he arrives to the [age of] twenty one years to learn the art & mistery of a tailor. [See Apprentice Bonds, image 122. But Collins died and Joseph was re-bound at OCPQS 4/360.]

Ordered that the Sheriff expose to sale the 280 acres of land of the property of John M Whitney taken by virtue of an Execution at the Instance of ??? Nash? Esqr for th??? & 15/6 Costs. [badly chipped]

[OCPQS 4/108 - Feb 1788 – similar to OCPQS 3/682]

Jacob Richards vs Wm Newman} Case. Jury sworn to wit: Jno Carrington, Ro Tinen, Charles Dunnagin, Wm Wallace, Edward Wortham, Jno Breeze, Abram Thompson, Thomas Trice, Isaac Jackson, Jacob Beason, James McAdams, Richard Cates. Find for the defendant.

James Carrington and Jno Carrington who were appointed to lett and superintend the Building of a bridge over flatt river at the Island ford on the land of John Carrington returned that the said Bridge completed according to contract & exhibits their acco therefore to the amount of three Hundred & seventy pounds which is allowed by the Court. Ordered that the County Treasure pay the same. [See Dunaway’s Bridge Records, page 9.]

Ro Ferguson exhibits his acco for printing sundrey Orders respecting the regulation of the business of this Court Amounting to 20/ which is allow’d by the Court. Ordered that the County Treasurer pay the same.

Robert Robert Tinnen fin’d ten Shillings for non attendance as a Juror.

Thomas Mulholland & Wm Whitehead who were appointed [blank]

[OCPQS 4/97 – Feb 1788 – similar to OCPQS 3/683 & 684]

24 Thomas Burk’s Exrs vs Samuel Strudwick} Case. Jury sworn to wit – Joseph Tade, Joseph Dickson, John Holden, Joseph Dorris, Hugh Rogers, David White, Henry O’Dannel, Brice Collins, Lewis Phebus, John Flintham, Wm Glenn, Jno Johnston. Verdict for the plaintiff for £100 with Int. from the 5^th October 1784 til this Date.

Richard Cates is appointed overseer of the road in the room of Waller.

James Hunter is appointed overseer of the road from the widow Magees to Stephen Wilsons.

John Latta Jun is appointed overseer of the road from Carrington House to Stephen Wilsons.

25 State vs Samuel Coleman} Ind assault. Jury sworn to wit Ro Tinnen, Charles Dunnagin, Richard Cates, Jacob Beason, John Breeze, Abram Thompson, Thomas Trice, Edward Wortham, Thomas Cates, Edward Wilson, Wm Wallace, Isaac Jackson. Find the defendant guilty of the assault as charge in the bill of the Indictment. Fin[e]d 5/.

[OCPQS 4/98 – Feb 1788 – similar to OCPQS 3/685] ninety eight

State vs James Russel} S.F. Jury sworn to wit James Mebane, Roswell Huntington, Dav’d Mebane, Jo Dickson, Wm Hobbs, Joseph Haisting, Wm Shepperd, Absom Whittaker, Zacheriah Herendon, Jno Flintham. Alexander Anderson, Joseph Weaks. Find the defendant not guilty in manner & form charged.

Ordered that the old road leading from Minnes’s road by James Thompsons to Hillsboro be opened and that the following hands work on the same the hand of Alfred Moore, James Thompson, Samuel Chambers, Jno Taylor esq, Wm Watters, Wm Lytle, Jno Estes, Archibald Lytle, Jno Allison, Wm McCauley, Wm Courtney, David Ray & A Tatom and that Wm Watters & Jno Estes superintend as overseers to open and keep in repair the said road.

State vs James Riggs Tarleton} Indictm assault. Same as in No 5 sworn find the defendant Guilty as charged in the bill of Indictment Fin[e] 20/.

Nicholas & Farmer vs Jno Kelley} Case. Jury sworn to wit James Mebane, Roswell Huntington, David Mebane, Jo Dickson, Wm Hobbs. [Jose]ph Haisting, Abram Whitaker, Zachariah Herendon, Thomas Flintham, Joseph Weaks, Edward Wortham, [chipped] Newman.

[OCPQS 4/99 – Feb 1788 – similar to OCPQS 3/686]

Ordered that Alexander Mebane, Wm Watters, A Tatom, Wm Lytle, Wm McCauley esqs be appointed to settle with and State the accom with Jno Walker as County Treasurer and publish the same agreeable to law.

James Taylor is appointed overseer of the road in the room of Peter Ritesman.

No 99 Wm Courtney vs Wm Shepperd} appeal. Jury sworn to wit Thomas Trice, Jno Breeze, Wm Wallace, Ro Breeze, Ro Tinnen, Thomas Cates, Abram Thompson, Richard Cates, Charles Dunnagin, Jno Bowls, Zacheriah Herendon, Jacob Reason, Isaac Jackson. Find a verdict for the plaintiff & assess his Damages to £3.1. and Costs.

No 98 Michael Burke vs Samuel Greer} appeal. Jury sworn to wit Frances Wilkerson, Jo Barby, Jo Tade, Thomas Barton, Jno Davis, James Willson, Jacob Findley, Robt Davis, Benj Peelor, Jo Haistings, Saml Allen, Jo Weeks. Find for defendant.

[OCPQS 4/100 – Feb 1788 – similar to OCPQS 3/687]

No 100 Benjamin Hopkins vs John Murry} appeal. Same Jury as to No 99 Sworn. Find a verdict for plaintiff – the Judgm. of the Justice affirmed.

Ordered that Wm Chapman an orphan child aged 11 years next June be bound to Francis Wilkerson till he arrive to the age of 21 years to [learn] the trade of a Weaver. [See Apprentice Bonds, image 94. William was soon re-bound OCPQS 4/104.]

Ordered that James Abbot an orphan child aged 11 years next Jan be bound to Wm Ray till he arrive to the age of 21 years [to learn the art & mistery of a shoemaker]. [See Apprentice Bonds, image 119.]

Samuel Coleman fine remitted to 20.,

Ordered that Wm Nunn have licence to keep Tavern at his own house.

No 123 Wm Courtney vs Peter Williamson} appeal. Same Jury as to No 98 being sworn. Find a verdict for £16.18 & costs.

Court adjourned til tomorrow 10 O’Clock.

Saturday Morn 10 O’Clock 1^st day of March, Present: Wm McCauley, Jno Ray, Wm Watters} Esqrs.

Ordered that Samuel Benton be allowed thirty pounds for his Ex officio services for one year past as Clerk.

Ordered that Edward Trice be allo [chipped] his attendance as Constable at [chipped] Term.

[OCPQS 4/101 – Feb 1788 – similar to OCPQS 3/688 & 689]

No 6 Jno M Whitney vs Jno Davis} T.Q.C.F. Jury sworn to wit – Jno Hogan, Wm Nunn, Jno Woods, Jno Breeze, Thomas Trice, Wm Wallace, Ro Tinnen, Abram Thompson, Richard Cates, Zach Herendon, Edward Wortham, Isaac Jackson. Find for the defendant.

Ordered that a subpoena issue to summon Daniel Green & Wm Rhodes to appear at next Court to give evidence with respect to the Execution of a Deed from Arch Grisham to James Barton Horn. [Not found but perhaps related to ODB 3/83?]

The execution of the last will and testament of James Trice was duly prov’d in open Court by the oaths of Jno Wood & Anne Wood. [There is a will of James Trice at OWB A/223, but it was proved in 1781 and does not appear to be this.]

The Execution of a Deed from William Austin to Samuel Austin was duly acknowledged in open Court by sd Wm & ordered to be registered. [See ODB 4/102 or 4/735?]

The Execution of a Deed from Thomas Raebon to William Forsyth was duly proved in open Court by the oath of Wm McCauley one of the Subscribing Witnesses thereto & ordered to be registered. [See ODB 5/739.]

The Execution of a Deed from Mark Patterson to Christopher Barbee was duly acknowledged in open Court by the said Mark Patterson one of the Subscribing Witnesses thereto & ordered to be registered. [See ODB 4/332.]

The Execution of a Deed from William O'Neal to Jacob Graves was duly proved in open court by the oath of Andrew Gibson one of the Subscribing Witnesses thereto & ordered to be Register’d. [See ODB 4/164.]

[OCPQS 4/102 – Feb 1788 – similar to OCPQS 3/690]

The Execution of a Deed from Stephen Wilson & wife to John Cain was duly proved in open Court by James Latta one of the subscribing witnesses thereto & ordered to be registered. [See ODB 4/154.]

The Execution of a Deed from William Ray & wife to John Cain was duly proved in open court by the oath of James Latta one of the subscribing witnesses thereto & ordered to be registered. [See ODB 4/153.]

The Execution of a Deed from James Few & wife to John Woods was duly proved in open court by the oath of Stephen Scarlett one of the Subscribing witnesses thereto & ordered to be registered. [See ODB 5/3.]

The Execution of a Deed from Christopher Barbee to Geo Dannel was duly proved in open court by the oath of John Danniel Ju’r one of the subscribing witnesses thereto & ordered to be registered. [See ODB 4/12.]

The Execution of a Deed from Elias Powell to Jeremiah Holt was duly proved in open court by the oath of William O'Neal one of the Subscribing witnesses thereto & ordered to be registered. [See ODB 4/215.]

The Execution of a Deed from William O'Neal & wife to Phillip Albright was duly acknowledged in open court by the said Wm and ordered to be registered. [See ODB 5/13.]