Aug Term 1793
[OCPQS 4/473 - Aug 1793]
State of North Carolina, At a County Court of Pleas and
quarter Sessions begun and held for the County of Orange at the Court house in Hillsboro
on the fourth Monday of August being the 26th day of said month and
in the year of our Lord 1793. Present: John Taylor, Wm F Strudwick, Archibald
Campbell} Esqrs.
The Sheriff Returns the Venire Facias Executed (to wit): Levi
Hall, Isaac Hall, Jno Strayhorn E’d, Garret Garrison, Nich’s Hardin, Hugh Robertson
ex’d, Wm Wallace, Ben Peelor, Edward Trice Jr, Ephraim Carrington, James Baker
Merch’t, Jo Tate H F, Rainey Philips 22d Excused Wednesday, David White, Thos
Dixon, Ezekiel Brewer, Matthew Hunter Excused, James McDannel Ex’d, Jo
Clendinnen ex’d, John Albright ex’d, Obed Green ex’d, Joseph Holmes excused, Wm
Holt, Owen Lindley, Jo Thompson (quaker) excused, Joshua Holt, John
Shaddy, Jacob Ridge, David Patterson, Nath’l McLemore, Charles Christmas exc’d,
William Kirk, Jno Thompson (Son Sam’l) ex’d.
[OCPQS 4/474 - Aug 1793]
The Grand Jury Impanneled & Sworn (to wit): James Baker
foreman, Joshua Holt, Nath’l McLemore, Garrett Garrison, David White, Owin
Lindley, William Wallace, Isaac Hall, Nicholas Hardin, David Patterson, Thomas
Dixon, Edward Trice, Joseph Thompson, John Shaddy, Jacob Ridge.
Remaining Jurors of the Original Pannel: John Graham ex’d,
Joseph Homes ex’d, Obed Green, Ezekiel Brewer not sum’d, Hugh Robertson, Joseph
Clendennin, John Albright, James McDannel, John Thompson Ex’d, Wm Kirk, Charles
Christmas ex’d, Matthew Hunter, Rainey Philips, William Holt, Joseph Tate H F,
Ex’d Ephraim Carrington, Benjamin Peelor, Levi Hall.
[OCPQS 4/475 - Aug 1793]
Ordered that William Lytle, Sterling Harris & William
Courtney Esqrs be appointed to examine the Acco of Andrew Harmon dec’d and
report to this Court as to the division &c.
Administration of estate of James Kennady is Granted to
Margaret Ross, Levinia Minnis & John Minnis and enters into Bond with John
Minis Security in the Sum of one hundred pounds.
Administration of the Estate of Thomas Baker dec’d is
Granted to John Baker & George Madden and they entered into Bond with Rob’t
Milikin & Thomas Andrew in the Sum of Two hundred pounds & qualified
according.
Charles Christmass is excused from attending as a Juror til
Wednesday.
Matthew Hunter is excused from attending as a Juror this
term.
James Osborn & James Hall are exempt from paying a poll
tax for the year 1792.
[OCPQS 4/476 - Aug 1793]
A Bill of Sale from John Nichols heretofore of Orange now of
the Territory of the United States South West of the River Ohio to John Hogg
for a Negroe man named Sam was duly proved in open Court by the Oath of William
Lytle Esquire One of the subscribing Witnesses thereto and was Ordered to be
Recorded. [Not found in ODB or OWB.]
A Power of Attorney from Robert Adam Pa?? and the other
partners of Arch’d Fleming & Co of all their right title and Interest in
the Company of John Hogg & Co of Hillsborough to John Hogg was duly proved
in open Court by the Oath of Alexander D Mo??? Esqr the subscribing Witness
thereto & Ordered to be Recorded.
Ordered that the Sheriff of Orange Summon a Jury agreeable
to Act of Assembly to try a Suspension of Richard Cates Guardian of Edward
Edwards son to Richard Edwards dec’d wherein the said Rich’d Cates Guardian
&c is Plff & John O’Da[niel?] Defendant and report to next Court. [See
also litigation OCPQS 4/532, guardianship OCPQS 4/452, removal from
guardianship OCPQS 4/485, accounting OCPQS 5/68.]
John Allison, William Hooper & Jehu Whithead are
appointed to assess the Town property for the year 1792.
A Power of Attorney to to Walter Alves, Absalom Tatom &
William Hooper esquires to collect the Debts due to John Hogg for his use
acknowledged in open by the said John Hogg. [See ODB 4/685.]
[OCPQS 4/477 - Aug 1793]
It appearing to this Court that at August ??? 1782
Administration of the Estate of James Mullin with the Will annexed was granted
to James Ross & that the entry on the Record in the name of Thos Mullin her
ought to have been James. On motion it is therefore Ordered that the name of
Thomas be erased from the Record & that the name of James be inserted in
stead thereof. [See OWB A/249, OCPQS 3/230.]
A List of hands to work on the road from cross roads by
William Rhodes to dry creek (to wit): Wm Rhodes Jr & one hand, Joseph
Barbee, Absalom Hunt & two hands, John Davis, Elisha Bevil, Jno Clark,
Mariman Cole, Wm Rhodes Sr & one hand, Wm Davis, Man Patterson.
Ordered that Wm Gwinn have leave to build a publick Grist
Mill on his own plantation agreeable to the petition of said Gwinn. [See
Dunaway’s Mill Records, page 30.]
Nicholas Hardin is appointed Overseer of the road in the
room of John Melvin. Ordered that the usual hands work on said road.
Court adjourns till tomorrow morning Nine o’Clock.
[OCPQS 4/478 - Aug 1793]
Tuesday Morning Nine o’Clock Court met according to
adjournment. Present: William Lytle, Sterling Harris, Walter Alves} Esqrs.
The Last Will and Testament of William Lewis was duly proved
in open Court by the Oath of Thomas Hines at the same time James Lewis
qualified as executor &c. [See OWB B/237.]
Joseph Noe is appointed Guardian to Joseph R?? & entered
into Bond with Peter Fogleman in the Sum of Five hundred pounds accordingly.
Peter Fogleman is appointed Constable for the District of
Saint Asaphs and entered into Bond with Hardress Hawkins & Joseph Noe his
Sec’ys in the Sum of two hundred & fifty pounds & qualified
accordingly.
William Duffey produced into Court a License from under the
hands of the Hon’ble the Judges of the Superior Court to practice as an
Attorney in this State & qualified accordingly.
[OCPQS 4/479 - Aug 1793]
It appearing to the Court that Hugh Philips an apprentice
bound to George Madden [OCPQS 4/273] is become a cripple & chargable to the
Parash, this therefore Ordered that the said George Madden be released from his
Obligation as apprenticeship. [See Apprentice Bonds, image 222. Neither Dr John
Umstead nor Dr John Pyle were able to help the child and his leg was
amputated.]
Petit Jury Impanneled & Sworn: Obed Green, Joseph
Clendinnen, John Albright, James McDannel, William Kirk, Rainey Philips, Joseph
Tate, Benjamin Peelor, Levi Hall, James Cheek, James Tate, James Murry. Patric
St Laurance vs the Ex’rs Jesse Benton Dec’d} Case. Jury Sworn find that there
is no set off and that he the Plff is not barred by Statute Lim & assess
Plff Damages To £228.18.9 & 6d Costs, new trial pray’d & Granted.
Ordered that Joshua Holt to appointed Overseer of the road
in the room of Barnett Clapp from the old ford on Allimance to the County Line.
David Hogan is appointed Overseer of the road in the room of
John Stroud from Hillsborough to Flat River.
William Lytle,
Andrew Burke & William Watters Esqrs are a Committee appointed to examine
the accounts & vouchers & settle with the County Treasurer and report
to this Court.
John Galbreath is
appointed Overseer of the road from the ford on back Creek at Widow Faucets to
Henry Masons in the room of Gen’l Alex Mebane.
Letters of
Administration of the Estate of Peter Willis dec’d is Granted to Sarah Willis
his Widow & relict & to Thomas Snipes Esq’r & direct a bond to be
taken in three thousand pounds accordingly and approves of Pomfret Herndon
& Henry Edwards and at the same time qualified according to Law. [See also
guardianship OCPQS 4/503, OCPQS 4/612, OCPQS 5/367 & OCPQS 6/100,
accounting OCPQS 5/663 & OCPQS 6/269.]
James Andrew is appointed Overseer of the road from James
Clarkes Land to Caswell line in the room of James Donaldson.
John Allen is appointed Overseer of the road Col Mebanes to
Sam’l Shaws in the room of John Justice.
Wm Patterson is appointed Overseer of the road in the [room
of] Wm Horne from Wm Rhodes to the fork of the road near Gilbert Strayhorns.
[OCPQS 4/481 - Aug 1793]
David Phillips is appointed Overseer of the road from John
Holts to William Galbreths ferry.
John Smith is exempt from paying a poll tax for the year
1792.
Wednesday Morning Nine o’Clock Court met According to
Adjournment. Present: James Carson, Wm Courtney, James Christmass} Esqrs.
[Jury:] Obed Green, Joseph Clendinnen, James McDannel, Wm
Kirk, Rainey Philips, Joseph Tate H F, Ben Pellor, Levi Hall, Charles
Christmass, Jo Tate, Jonathan Jones, John Reeves. No 7. Elijah Mason vs
Executors Jacob Cantril dec’d} Case, plea Gen’l issue with notice, set off
& Statute Lim, pline? Administravit. Jury Sworn find ???? for the
plaintiff for Defendant, motion for new trial, motion over ruled.
[OCPQS 4/482 - Aug 1793]
William Jackson is appointed Constable for Hillsborough
District and entered into Bond with William Jackson and John McCauley his
securities in the Sum of Two hundred and Fifty pounds and at the same time took
the Oath prescribed by Law for his qualification.
On the Petition of Benjamin Morgan exhibited to this Court,
Ordered that the said Benjamins Grist Mill on Bolings Creek be established and
always hereafter Considered as a publick Mill, motion for appeal by William
Nash Atto for Edmond Jones which was granted & he entered into Bond with
Administration of the Estate of John Boon is Granted to
Margaret Boon the Widow of said John Boon and she enters into Bond with William
Ray esquire & Andrew Gibson, Isaac Dorris, Elias Wilhoit in the Sum of
Eight hundred pounds.
Ordered that Matthew McCauley have leave to build a publick
Grist Mill on Waters of Morgans Creek, and that the said mill be considered as
a publick Mill in future. [See Dunaway’s Mill Records, page 8. This was
at the site that is now the dam for University Lake.]
[OCPQS 4/483 - Aug 1793]
Petit Jury: John Albright, Francis Wilkinson, Wm Manor, John
Dunavin, James Thompson, Wm Walker, Wm Dunagan, Wm Murrow, Sam’l Patten, George
Johnston, Stephen Hart, Rob’t Faucet. 8. Richard Leigh vs Fardin Grisham, Dan’l
Green & E Green} Debt, plea Gen’l issue & payment as to Glenn & Green,
Default as to Grisham. Jury Sworn find the bond to be the Act and Deed of the
Dfts Glenn & Green and that there are no payments and assess the Plff Damages
to £7.7 & 6d Costs. Judgm’t against the above Defendants & Grisham for
£70 to be discharged on the payment of thirty five pounds & seven pounds
7/9 the above Damages & Costs four pounds six pence of the Damages
released. Motion for new trial, denied.
Ordered that William Watters, Sterling Harris & William
Lytle esquires be appointed to examine the account of James Hogg as Executor to
the estate of Thomas Burke dec’d and also the of of [sic] James Hogg as
Guardian to Polley Burke and report to this Court. [See also litigation OCPQS
4/352, accounting OCPQS 4/593, guardianship OCPQS 5/657, accounting OCPQS
6/414.]
[OCPQS 4/484 - Aug 1793]
Thursday Morning nine o’Clock Court met according to
adjournment. Present: John Taylor, James Christmass, Hardress Hawkins}
Esquires.
[Jury:] Obed Green, Joseph Clendennen, James McDannel,
William Kirk, Rainey Philips, Joseph Tate H F, Benjamin Peelor, Levi Hall,
Charles Christmas, John Albright, Robert Scoby, Joseph Armstrong. No 10. James
& Thomas Dean vs James H Keys esquire} Debt. Jury Sworn find for Plff &
assess his Damages to £35.7/, motion for New trial, New trial granted.
No 11. Benjamin Thomas vs William Trousdale} Case. Jury
Sworn find Def’t Guilty and assess the Plff Damages to 6d & C Costs, motion
for new trial, rule to shew cause, New trial Granted.
[OCPQS 4/485 - Aug 1793]
Sterling Harris esquire comes into open court, gives up his
Keeping of the standard to the court of Weights & measures. Henry Thompson
be appointed to keep the said Standard.
Ordered that the Sheriff of Orange Summons a Jury agreeable
to Act of Assembly to try a suspension of Richard Cates Guardian of Richard
Edwards son of Richard Edwards Deceased wherein the said Richard Cates Guardian
&c is Plff and John O’Dannel Defendant and report to next Court. [See also
litigation OCPQS 4/532, guardianship OCPQS 4/452, removal from guardianship
OCPQS 4/476, accounting OCPQS 5/68.]
James Patterson Obtained an Order of Court to keep a Tavern
at the University in this State and enters into Bond with William Courtney
esquire in the Sum of Five hundred pounds.
Eli Holt is appointed Overseer of the road in the room of
William Courtney Jr. Ordered that the usual hands work on the same.
[OCPQS 4/486 - Aug 1793]
Petit Jury Impannel[ed] & Sworn (to wit): William Jackson,
John Armstrong, John Pugh, Matthew Colter, Job Pendergrass, Wm Trousdale
John Ray, Wm Levi, Wm B???n Alex Kirkpatrick, Joseph Dixon, Thomas
Lasley, David Strayhorn, John Allison. No 12. John Mitchell Admrs vs Jesse
Miller} Debt. Find the Bond to be the act & Deed [of] Defendant & no
paym’t & assess the Plff 8.13.10, find the Bond 22.3.8.
Ord by the the [sic] Court that William Hoopers mullato
fellow Jem have leave to carry a Gun.
On motion of Samuel Benton esqr atto for Sarah Horton
Administratrix of Charles Horton dec’d and application of Archer Harris to the
court, Ordered that Archer Harris one of the Securities of the said Anne Horton
for her said Admin on the estate of the said Charles Horton be released from
his said securityship, she the said Administratrix offering John Carrington
with John Taylor security one of her former securities in the room and
stead of the said Archer Harris which securities the court approves of and they
enter into Bond with Mrs Horton the administratrix in the Sum of two thousand
pounds for her said Administration of the estate of the said Charles Horton. [See also administration OCPQS 4/340.]
[OCPQS 4/487 - Aug 1793]
Petit Jury: Obed Green, Jo Clendinnen, James McDannel, Wm
Kirk, Rainey Philips, Joseph Tate H F, Benjamin Peelor, Levi Hall, Chas
Christmass, John Albright, Robert Matthew McCauly, Abraham Whitaker.
Gilliam Dannel vs John Estes} Case. Jury Sworn, Struck of by Order court, the
Plff demand appearing to be under £20.0.0.
Ordered by the Court that the county treasurer furnish John
Allison with a Sum of money sufficient to purchase a good bound Book for the
purpose of Registering Deeds & report to next Court &c. [Deed Book 5?]
James Holt is appointed Overseer of the road in the room of
Dempsey Honeycut, ordered that the usual hands work on the same.
Steph Hart is appointed Overseer of the road in the room of
Joseph Thompson from the Town of Hillsborough to Baxters old place, ordered
that the usual hands work on the said road.
[OCPQS 4/488 - Aug 1793]
No 18. George May vs William Ray} Case. Jury Sworn find the
Defendant Guilty and assess Plffs Damages to £10.0, Five pounds set off £5.
Friday Morning nine o’Clock Court met according to
adjournment. Present: Wm Watters, Andrew Burke, John Taylor} Esqrs.
Abner Peelor, Thomas Browning & Wm Rhodes are appointed
Patrolers for Saint Marks District.
Ordered that George Horner have notice to appear at next
county court to abide by such order as the court shall make for the
maintainance of two base born Children begotten by him on the body of Mary
Hunt. [See Bastardy Bonds, images 473, 530-532, 569, 571.]
Ordered that the said George Horner pay Mary Hunt the Sum of
five pounds yearly for each Child for five years to commence from the birth of
the said Children for their support & Maintainance and that what monies the
said Horner may already have paid be allowed the said Horner so far as the said
monies may extend in the first payments of the allowance. The said George
Horner being then & there present.
[OCPQS 4/489 - Aug 1793]
[Jury:] James Latta, Wm Horn, Obed Green, Jo Clendinnen,
James McDannel, Rainey Philips, Ezekiel Brewer, Jo Tate, Ben Pellor, Levi Hall,
Charles Christmass, John Albright. The State vs Harman Husk} Ind’t Petit
Larceny, plea Not Guilty. Jury Sworn find the Defendant Guilty as in manner
& former, ordered by the Court that the Sheriff carry the prisoner to the
whiping post and give him twelve Lashes well laid on &c.
Wm Kirk is fined five shillings for absenting himself from
the Jury without leave of the Court, fine remited.
[Jury:] Obed Green, Jo Clendinnen, Jo Nicks, James McDannel,
Rainey Philips, Ezekiel Brewer, Jo Tate, Ben Peelor, Levi Hall, Charles
Christmass, John Albright, Wm Kirk. State vs Wm Love} Ind’t Ass’t, plea not
Guilty. Jury Sworn find Defend’t Guilty as manner & form charged in Bill
Indictm’t, fined 20/ & Costs.
[OCPQS 4/490 - Aug 1793]
John Ward is fin’d Ni Si for not attending as Talisman this
Term.
[Jury:] Jacob Libury[?], John Caldwell, Gilbert Ansley, Wm
Ray, Richard Morris, Spencer Vaughan, William Love, James Adams, James Nelson,
John McCauley, John Allison, Joseph Montgomery. The State vs Elias Pettiford}
Ind’t Petit Larceny. Jury Sworn find Defend not Guilty.
On application to this Court by James Hogg Guard[ian] of
Miss Mary Williams Burke, Ordered that the said James Hogg Gu[a]rd do sell so
much of the real estate of his said ward as may be sufficient to discharge one
hundred & twenty Six pounds four shillings & eight pence the balance of
several Debts due upon several Judgments obtained against the late Doct Burkes
estate dec’d by John Granbury, Wm Campbell, Peter Mallett & Richard Ellis
togeth[er] with the costs of such Sales (viz) that the said James Hogg Guard
&c do sell a tract of Land of 197 acres or thereabouts called Wileys tract
& if that’s not sufficient then so much of John Woods tract contain[in]g
about 320 acres, as is not laid off the Dower of the Widow of the said Doct
Burk esquire Deceased. [See ODB 5/29.]
[OCPQS 4/491 - Aug 1793]
Ordered that Enoch Collins be allowed 40/ for his Services
as Executor of Bruce Collins dec’d.
On Petition of John Armstrong Guard of James Dixon, Margaret
Dixon and Mary Dixon by their Attorney Wm Nash esquire, Ordered that a Copy of
the said Petition & Summonses issue to John Mitchell the Guard of the of
the said James, Margaret & Mary to appear at our next county court of
Pleas &c then and there to answer the allegations set forth in the said
Petition.
John Harvey is appointed Overseer of the road from Quaker
Creek to Stony creek in the room of William Love.
John May is appointed Overseer of the road from Pinsons ford
on Allemance to John Shaddys Mill in the room of Michael Shoftner.
Ordered that a Habeas Corpus issue to the Sheriff of Orange
to bring in to next Court an Orphan Child now in possession of Robert Wilson,
that the said Child be bound out till arrival of age, in Order to prevent said
Wilson from applying to the Wardens of the Poor for a maintainance of said
Child. [See Apprentice Bonds, images 218 & 220.]
[OCPQS 4/492 - Aug 1793]
Saturday Morning Nine o’Clock Court met according to
Adjournment. Present: John Taylor, Wm Watters, Wm Lytle} Esquires.
Agreeable to the Petition of John Hogan & others for
opening a road the best and nearest way from the Seat of the University to
Clerks ferry on Haw river, Ordered that the following Jury view and lay off
said road from the University to Chatham line and report to next Court (to wit):
Thomas Connally, Jesse Nevil, Matthew McCauley, Alex’r Piper, Sam’l Piper,
Edmund Jones, John Fann, Rob’t Haygood, John Price, Dan’l Stephens, Wm
Pendergast, And that the following hands clear out the same (to wit): Thomas
Connally, Jesse Nevil, Matt’w McCauley, Edmund Jones, John Fann, Sam’l Piper,
Alex Piper, John Burrow, Pumphret Herndon, John Stroud, Robert Trotter, Wm
Forsyth, Widow Willis, John Wilson, Luke Rigbey, John Sparrow, Wm Pendergast,
Abijah Massey, John Pendergast, Job Pendergast, Rich’d Woody, Henry Cother,
John Wilson, James Smith & Abraham Piper.
[OCPQS 4/493 - Aug 1793]
James Hutchens is appointed Overseer of the road in the room
of Riley Vickers. Ordered that the following hands work on the same (to wit): Riley
Vickers, James Holt, Ben Caroll, Mark Brown, Ben Peelor, Wm Rhodes, Wm Ware Jr,
Joseph Picket, John Terrell.
Ordered that George Madden be release from his
apprenticeship of Hugh Philips, the said Philips being disabled from being of
service to him by a pain in one of his legs which has rendered him incapable of
any service to said Geo Madden.
Ordered that the Sheriff Summons the following Jury to view
and lay off a road from John Hogans to a new road leading from Chatham Court
house to John Hogans which only extends as fare as Orange Line and report to
next Court, to wit: John Wilson, Jno Price, Dan’l Stephens, Wm Forsyth,
Anderson Stroud, Isham Thrift, Sam’l Caruthers, Wm Loyd, James Loyd, John
Stroud, Pomfret Herndon, Ambrose Petty, Rob’t Trotter, James Blackwood, Henry
Smith.
[OCPQS 4/494 - Aug 1793]
Ordered that the Sheriff Summons the following Persons to
attend as Jurors next Term (to wit): Wm Cain, Wm Jackson, Jno Cain, John
Carrington, Edward Wortham, Wm McKees, John Hogan, Baxter King, George
Johnston, Henry Cook, Joseph Hodge, John McDannel, Wm Cabe, Alex’r Bowling,
James Jackson, James Hastings, Jacob Wilhoit, Josiah Warren, Wm Walker, [blank]
Tate (miller), James Latta, James Miller, John Woods Jr, Ben Yergan, David
Strain, John Collier (Capt), Joseph Moore (eno), Thomas Dick, Rich’d
Christmass, Nath’l Christmass, Wm Riley, Jo Thompson (quaker), Jo Collins, John
Holden, Jos Wood, Elias Turner.
Ordered that the Sheriff Summons the following Persons to
attend as Jurors at the Superior Court: John Rhodes, Shadrick Forrester, Joseph
Dixon, James Carson, Wm Shepperd, Jno Walker esq, Jno G Rencher, Nich’s Hardin,
Rob’t Scoby, Wm Strayhorn, Jno Armstrong, Jno Armstrong Thompson Col,
Jno Freeland, Zachary Herndon, John Reeves.
[OCPQS 4/495 - Aug 1793]
John Umstead Esquire Returns his List of Taxable Property
for the year 1793.
James Christmass Esquire Returns his List of Taxable Property
for the year 1793.
George Dannel esquire Returns his List of Taxable Property
for the year 1793.
Hardress Hawkins esquire returns his List of Taxable
Property for the year 1793.
Hardy Hurdle esquire returns his List of Taxable Property
for the year 1793.
Sterling Harris esquire returns his List of Taxable Property
for the year 1793.
[No deeds are listed in the minutes of Aug 1793, but an
extensive list of deeds proved at this session of court are to be found toward
the end of the Register of Orange. See lines 2755-2782.]
[OCPQS 4/496 is blank.]
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