Aug Term 1794

 

[OCPQS 4/584 - Jul 1794]

At a Court Summoned by the Sheriff and held at the Court house in Hillsborough on Wednesday the 16^th July, 1794 for the purpose of trying a Negroe man slave named Moses, the property of William Mangom of Guilford County committed to the District Gaol on suspicion of being accessory in breaking the Store of Hardress Hawkins Esquire of Orange County. Present the Worshipfull John Taylor, William Lyttle, William Watters & Wm F Strudwick, Esqs. [See NCAH Slave Records, images 20 & 21.]

Abner Bruce Benton Clerk of the Court of Orange being absent, John Hogg is appointed to act as Clerk to this Court in his room and stead. Barnabas Burrows being Sworn deposed to notice of the trial being given to William Mangom the owner of Moses agreeable to Law. Mosses the Negroe Slave being brought into Court is charged in the Mittimus and pleads not Guilty. No persons appearing to prove the charge against him, the prisoner is discharged on paying the Costs and Gaol fees. John Taylor, W Watters, Wm Lytle.

[OCPQS 4/585 - Aug 1794]

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 the Town of Hillsborough the 4^th monday of August 1794 being the 25^th day of said Month. Present: John Taylor, William Nunn, Absalom Tatom} Esquires.

The Sheriff Returns the Venire Facias Executed (to wit): Richard Bennehan, Tho Armstrong (Eno), Isaac Jackson, Samuel Nelson, Stephen Ward Sr, Philip Walker (of Jno). John Pickard Sr, John Forrester, John Thompson (Col), Thomas Lynch, William Streyhorn, Lewis Kirk, William Andrews, Nath’l Morrison, Robert Hodge, Thomas Bradshaw, James Pratt, Joseph Kirkland, Wm Woods (of Shff Jno), Saml Woods (son Waggoner), Abraham Thompson, Joseph Hastings Jr excused, John Kennady, John Riley (Eno), Henry White, Samuel Torrentine, Nath’l Carter, Benjamin Herndon excused, Leonard Carlton.

[OCPQS 4/586 - Aug 1794]

The Grand Jury Impannelled & Sworn (to wit): Richard Bennehan, Sam’l Nelson, Isaac Jackson, Jno Forrester, Jno Pickard, Jno Thompson, Philip Walker, Thomas Armstrong, Jno Riley, Abraham Thompson, Wm Strayhorn, Henry White, James Pratt, Thomas Lynch, Joseph Kirkland.

James Nelson is appointed Overseer of the road in the room from William Rhodes to the fork of the road near Gilbert Streyhorns. Jno Rhodes one, Wm Rhodes Sr, James Streyhorn, Samuel Couch.

William Turner is appointed Overseer of the road in the room of James Hutchins. Ordered that the following hands work on the same (to wit): Riley Vickers, Benjamin Carroll, Mark Browning, Benjamin Peelor, Thomas Smith, William Rhodes, Joseph Picket, Samuel Merritt, Jno Terrill, William Jackson, Jesse Couch.

Joseph Tates is appointed Overseer of the road from back Creek to Henry Masons. Ordered that the usual hands work on the same.

[OCPQS 4/587 - Aug 1794]

[Jury:] Rob’t Hodge, Jo Hastings, Robert Gray, James Dickie, Benj Yeargan, Adam Sharp, Wm Courtney Jr, Jno McDannel, Jno Armstrong, Dan’l Cloud, Joseph Dickson, Wm Dickie. No 1. James B Horne vs Thomas Horne Executor [of] Thomas Horne Deceased} appeal. Jury Sworn, find that the Defendant did assume within three years & assess the Plffs Damages to £9.15.8 & 6d Costs and that there is no sett off, motion for new trial, rule to shew cause.

John Hinton is appointed Overseer of the road from Mark Patterson’s old place to Jesse Couches in the room of Baxter Boling. Ordered that the usual hands work on the same &c.

[OCPQS 4/588 - Aug 1794]

Elisabeth Dick widow &c is appointed Guardian to Mary Dick and enters into Bond with [blank] in the Sum of [blank] [See also administration OCPQS 4/499, accounting OCPQS 6/357 & OCPQS 6/406, guardianship OCPQS 4/613, removal from guardianship OCPQS 6/334.]

Petit Jury Impannelled & Sworn: Jno Galbreath, Mann Patterson, Joseph Montgomery, Jonathan Jourdan, Jonathan Nickols, Ezekiel Brewer, Wm Woods, Benjamin Peelor, Thomas Bradshaw, Stephen Hart, Jno Kelly, John Cate. No 2. Joseph Nicks vs Warham Glenn} appeal, General issue, set off. Jury Sworn, Plaintiff called and non suit.

No 3. Garrard Tool vs Armour King} appeal, General issue. Jury Impannelled & Sworn, find a Verdict for Defendant.

[OCPQS 4/589 - Aug 1794]

Thomas Armstrong is appointed Overseer of the road in the room of James Andrew from James Clarks land to Person county line. Ordered that the usual hands work on the same (to wit)

Joseph Dickson is fined 10/ for not attending as a Juror at the Sheriffs call &c.

[Jury:] Rob’t Hodge, Jo Hastings, Rob’t Gray, James Dickie, Ben Yeargan, Nath’l Carter, Wm Courtney Jr, Jno McDannel, Jno Armstrong, Dan’l Clower, Jacob Flowers, Wm Dickie. No 4. Jno O’Dien vs Rob’t Campbell} Certiorari, plea General issue, set off & Statute Lim. Jury Impannelled & Sworn. Plaintiff called & non suited.

No 5. William Nunn Esqr vs Spencer C Vaughan} Certiorari, Gen’l issue, set off & Statute Lim, Replication & issue. Jury Impannelled & Sworn, find Defend’t did assume and assess Plffs Damages 2.16/6 & 6d Costs.

[OCPQS 4/590 - Aug 1794]

[Jury:] John Galbreath, Mann Patterson, Joseph Montgomery, Jonathan Jordon, Jonathan Nikols, Zaekiel Brewer, Wm Woods, Armour King, Thomas Bradshaw, Stephen Hart, Jno Kelly, Jno Cate. Daniel Cloud vs John Taylor esqr} appeal, Gen’l issue, sett off, paym’t & satisfaction - find Defend’t dis assume & assess for the Plffs £2.5/4 & 6d Costs.

Petit Jury Impannelled & Sworn: Rob’t Hodge, Jo Hastings, Rob’t Gray, James Duke, Ben Yeargan, Nath’l Carter, Wm Courtney Jr, Jno McDannel, Jno Armstrong, Joseph Dickson, James Newland, Wm Dickie. Henry Thompson Jr vs John Taylor esquire} appeal. Jury Impannelled & Sworn & find defendant did assume, assess Plffs Damages to 8.19 & 6d Costs.

[OCPQS 4/591 - Aug 1794]

Agreeable to a Commission from his Excellency Richard D Spaight, William Hooper came into open court and took the by law prescribed for Justices of the county courts of Pleas & quarter Session and other necessary Oaths [for] publick Officers.

Thomas Whithead Constable is fined 20/ for non attendance as Constable this Term.

Jacob Flowers is fined 20/ for non attendance as a Juror at the Sheriffs call.

[Jury:] Jno Galbreath, Mann Patterson, Joseph Montgomery, Jonathan Jordon, Jonathan Nicholas, Ezekiel Brewer, Wm Woods, Armour King, Thomas Bradshaw, Isaac Dorris, Jno Kelly, Jno Cate. James Elliott vs Alexander Hatch} appeal, Judgment by Default. Jury fin Plffs Damages to be £5.8/ & 6d Costs.

[OCPQS 4/592 - Aug 1794]

Tuesday Morning 10 O’Clock Court met according to Adjournment. Present: Jno Thompson, Absalom Tatom, William Hooper} Esqrs.

[Jury:] Nath’l Carter, Wm Woods, Tho Bradshaw, Joseph Hastings, Charles Christmas, Jesse Lynch, Isaac Doyle, Isaac Dorris, Thos Horne, Jerry Picket, Nich’s Durnen, David Lynch. No 4. James Godfrey vs Matthew McCauley} Case, plea General issue with leave notice set off & Statute Lim. Jury Impannelled and Sworn, find defendant did assume within three years, no offsetts, Statute Lim does not bar & assess the Plffs damages to £224.19.10 & 6d Cost.

Isaac Stalcup is appointed Overseer of the road from Trollingers ford on Haw river to Back Creek in the room of William Mebane &c.

[OCPQS 4/593 - Aug 1794]

[Jury:] Rob’t Hodge, Lewis Kirk, Stephen Heart, Owen Lindley, Henry Bason, Jno Holder, Jno Coonce, Dan’l Freeman, Isaac Holden, Thos Cate, Lewis Jones, Jno Ray. Thomas Horne vs Joshua Horne} Trover, Gen’l issue. Jury Impannelled & Sworn, find for the Plff and assess his Damages to £20 & 6d.

Sterling Harris, William Lytle & David Ray or any two of them are appointed to Examine and settle the accounts & vouchers of James Hogg as Guardian to Miss Mary Williams Burke and Executors of the Estate of Thomas Burke Deceased and make return to Court.  [See also litigation OCPQS 4/352, accounting OCPQS 4/483, guardianship OCPQS 5/657, accounting OCPQS 6/414.]

David Hogan is appointed Overseer of the road leading from Hillsborough to Fayette from the fork of the old road in the big meadows to the flat Rock and that the following hands work on the same (to wit): Jno Hogan, Tho Hogan, Jno Hogan Jr, Martha Loyd, Baxter King, Charles King, Richard Blackwood, Wm Trotter, Thomas King, Wm King, Jno Dugger, John Price, Leonard Dugger & William Forrester.

[OCPQS 4/594 - Aug 1794]

Thomas Latta is appointed Overseer of the road from Person line to Stephen Wilsons.

William Jackson Senior is appointed Overseer of the road in the room of Eli Hill. Ordered that the usual hands work on the same and keep said road in good repair as the Law directs &c.

Ordered that the Sheriff of Orange Summons the following persons to attend as Jurors at our next Superior Court to be held for Hillsboro District on the 6^th day October next (to wit): Empson Bird, Wm Hooper, James Carson, Walter Alves, Andrew Burke, James Baldridge, Rich’d Cochran, Jno Ray Majr, Jno Rhodes, Shadrick Forrester, Francis Morland, Jno Hogan, Baxter King, Jno Sloss.

Francis Moreland Esquire Returns his List of Taxable property for St Marks District for the present year &c.

[OCPQS 4/595 - Aug 1794]

Wm Woods (of Shff), Nathaniel Morrison, Wm Andrews, Leonard Carlton, Samuel Woods are fin’d nisi agreeable to Act of Assembly for not attending as Jurors this Term.

Pursuant to the Memorial of John Haywood and Alexander Mebane two of the trustees of the University, Ordered that the following persons be summoned to view and lay off a road from the east end of Franklin Street (in the Village of the University) the most easy and direct way into the road at present leading down Chappel Hill (to wit): Matthew McCauley, John Dannel, James Patterson, Abraham Allen, George Dannel, Christopher Barbee, Benjamin Yeargan, Man Patterson, Samuel Hopkins, Edward Jones, Hardy Morgan, William Partain, Samuel Piper, Jesse Rigsbey, John Scott.

Nicholas Durnan is fined 5/ for non attendance as a Juror at the Sheriffs call.

Ordered that William Patton, son of Rebeccah Patton now Rebeccah Miness, aged 13 years, this day be bound to John McDannel till he arrives to full age. [See Apprentice Bonds, image 254.]

Benjamin Yeargan, Wm King & Ezekiel Brewer are appointed ??ankers for St Thomas District. Ezekiel Brewer Capt & [blank]

[OCPQS 4/596 - Aug 1794]

[Jury:] Nath’l Carter, William Woods, Thomas Bradshaw, Jo Hastings, Charles Christmas, Jesse Lynch, Isaac Doyle, Isaac Dorris, Thomas Horne, Jerry Piggott, John Lewis, David Lynch. Elisha & Jno N Reid surviving Executors of Jno Reid deceased vs Andrew Burke & Samuel Benton} Sci Fa. Jury Impannelled & Sworn, find that there is no payment nor no sett off.

Den on Demise [of] Thomas Horne vs Fenn & James B Horne} Ejectment. The Same Jury as in No 4 Impannelled & Sworn, find the Defendant Guilty as charged in Plffs declaration & assess the Plffs Damages to 6d & 6d Costs.

The last Will and Testament of Thomas Holgan Deceased was duly proved in open Court at the same time Fanny Holgan Qualified as Executrix & Wm & John Way Qualified as Executors. [See OWB C/19.]

[OCPQS 4/597 - Aug 1794]

The Court proceeded to class themselves agreeable to Act of Assembly and Classed themselves in the following manner:

1^st John Walker, Robert Campbell, John Carson Chairman, William Ansley, William Strudwick, James Christmas William Hooper, William Ray, James Moore, Absalom Tatom, Joseph Culbertson.

2^nd William Courtney, Jonathan Lindley, William Lytle, James Baldridge, Andrew Murdock, Francis Moreland, Walter Alves William Shepperd, Empson Bird, John Hogg, John Hogan.

3^rd William Rainey, John Taylor, John Sloss, William Watters, William Nunn chairman, William Shepperd Walter Alves, Benjamin Lacy, John Rhodes, Hardy Hurdle, John Thompson.

4^th John Ray, William McCauley, Andrew Burke, Sterling Harris, George Dannel, Archibald Campbell, John Umstead, Shadrick Forrester, William Hooper James Christmas, Hardy Hawkins.

[OCPQS 4/598 - Aug 1794]

Ordered that the Sheriff of Orange Summons the following persons to attend as Jurors at our next County Court to be held on the 4^th monday in November next (to wit): George Faucet, Jno Walker (Stiller), Jno Dannel, Tho Lashley, James Moore Jr (Hawfields), Samuel Stuart, Joseph Boothe, David Allison, James Faucet [or Faust?] Long, James Thompson (of Tho), Zachariah Herndon, James Kear Jr, James Mitchell, John Mitchell, Alex’r McKee, Joseph Tate, Nath’l McLemore, James Latta (of James), Wm Cabe, Andrew McCauley Mrch’t, David Streyhorn, Wm Paterson, Wm Clark (F R), James Robinson, Jno Thompson (of Jo), Ezekiel Brewer, Robert Hall, Rob’t Tucker, David Woods, Joseph Baker.

Ordered that an orphan boy by name James Mangrom be bound to chooses Barry Burrow as Guardian and enters into Bond with John Coome, John Stroud & John Cook in the Sum of [blank].

Joseph Dickson is appointed Constable for St Marks District and enters into Bond John Fairman and John Casey in the Sum of Two hundred and fifty pounds for the performance of his office at the same time Qualified accordingly.

[OCPQS 4/599 - Aug 1794]

Wednesday Morning 9 O’Clock Court met according to Adjournment. Present: James Carson, Wm Ray, Wm Hooper, A Tatom, Jo Culbertson, James Moore} Esquires.

Den on Demise Ray vs Fenn & Boggs} Ejectment, common rule and not guilty, find the Defend’t Guilty as charged in the Plff’s Declaration & assess the Plff’s Damages to 6d & 6d Costs. [See Dunaway’s Ejectments, page 64.]

[OCPQS 4/600 - Aug 1794]

William Courtney junior comes into Open Court and Records his Ear Mark a smoothe crop in the left Ear and a half Crop the under side of the left Ear.

[Jury:] Jno Stroud, Jno Coonce, Jo Dixon, Jno Holden, David Allison, Dan’l Freeman, Jno Allison, Lewi Hall, Rob’t Wilson, Jacob Flowers, Absalom Harvey, James Cain. No 11. Samuel Hughes assignee &c vs William & John Ray} find Defend’t did assume within 3 years, for Plff and assess his Damages £49.1.0 & 6d Costs.

Petit Jury Impannelled & Sworn: Nath’l Carter, Rob’t Hodge, Joseph Hastings, William Woods, Tho Bradshaw, Robert Scoby, Wm Kirk, Jno Cain, Jno Armstrong, Rob’t Gray, Lewis Kirk, John Leigh. Jonah Warren assignee vs Reuben & James Burrows} Debt, oyer had, General issue, paym’t, set off, release, Land not sold, Condition performed on part Defendant Esero replication & Issue. Jury Sworn, find the Bond to be the act and Deed of Defend’t, find £73 pd J’nuary 1792, they find not release and that the Land was sold in July 1791.

[OCPQS 4/601 - Aug 1794]

Charles Christmas is fined 5. For non attendance as a Juror.

No 22. Sam’l Cornuk[?] vs Isaac Doyle} T V A. Jury Impannelled & Sworn, Plff called and non suited.

No 23. Richard Kennons Admrs vs John Willis} Jury Sworn, find that there is no payment & no set off & assess the Plffs Damages to £2.6 & 6d Costs.

No 29. William Kirkland vs. Thomas Smith} The same Jury as in No 11 Sworn - find no paym’t & assess Plffs Damages to 1.19.4 & 6d Costs.

[Jury:] Jno Stroud, Jno Coonce, Jo Dixon, Dan’l McMehan, David Allison, Dan’l Freeman, Jno Allison, Levi Hall, Rob’t Watson, Jacob Flowers, Absalom Harvey, James Cain. Sam’l Strudwick vs Archibald Campbell} Case. Jury Impannelled & Sworn. Juror withdrawn by consent. Plaintiffs death suggested.

[OCPQS 4/602 - Aug 1794]

Jno Kelly vs Jno & Isaac Holden} Appoint a Jury of View. Ordered for Kelly, David Allison, Daniel Torrington David Ray Rob’t Hodges & Wm Woods, Jno Ray Surveyor for Plff. for Holden, Jno Latta, Charles Christmas & Wm Courtney Jr & Thomas Mulhollan Surveyor for Defendants.

Nicholas Durnan & Charles Christmas are released from their fines as non attendance as Jurors this Term.

The Last Will and testament of James Thompson Deceased was duly proved in Open Court at the same time Samuel Chambers & Joseph Thompson Qualified as Executors &c. [See OWB C/21.]

Agreeable to the Petition of Sundry Inhabitants of Orange County, Ordered that the Sheriff Summons a Jury hereafter named to lay off a road from the Cross roads by William Strouds to Chatham Line on Benjamin Lacies Land to lead to Chatham Courthouse by way of Clarks Ferry and make report to next Court &c: John Edwards, Henry Morris, Wm Stroud, Pomfrett Herndon, Wm Forsyth, Wm Loyd, Thomas Hatwood Sr, Jno O’Dannel, Henry O’Dannel, Wm Kirk, Henry Ivy, James Kirk, Frederick Williams & Thomas Baskett.

[OCPQS 4/603 - Aug 1794]

Thursday morning 9 O’Clock Court met according to Adjournment. Present: James Carson, Wm Ray, Wm Hooper, James Christmas} Esquires.

Ordered Lewis Lewis Desern be bound to John Ackles till he arrives to the age of twenty one years and enters into Bond accord’y & in the Sum of [blank] [See Apprentice Bonds, image 248.]

[Jury:] Nath’l Carter, Rob’t Hodge, Jo Hastings, Wm Woods, Thomas Bradshaw, Jno Cate, Wm Courtney Jr Ginnings Gibson, Wm McQuiston Barny Grimes, Henry Thompson, Geo Freeman? George Strader Jno Hunt, Wm Clark, Wm Eckles. The State vs Jacob Cable} Indictment Trespass. Jury find Defendant not Guilty.

[OCPQS 4/604 - Aug 1794]

Ordered that Andrew Murdock, John Hogg, William Hooper and David Ray or any two of them be appointed to settle with John Walker late county Trustee and make report to next Court.

[Jury:] Ben Yeargan, Rob’t Hodge, Jo Hastings, Wm Woods, Thos Bradshaw, Jno Cate, Gennings Gibson, Barny Grimes, Henry Thompson, John Hunt, Wm Clark, Wm Eckles. The State vs Frederick Williams} Indictment Assault, charged a pleads not Guilty. Jury Impannelled & Sworn, find the Defendant not Guilty as charged in the Bill of Indictment.

Thomas Bowls is appointed Overseer of the road from Little [River] to person line in the room of John Berry. Ordered that the following hand work on the same (to wit): Wm Armstrong & hands, Michael Roberts and hands, Thomas Rountree and hands, Robert Berry and hands, Rob’t Berry Jr, Joshua Berry, Jno Wilson, Sam’l Wilson, Jno Robertson.

[OCPQS 4/605 - Aug 1794]

The Constable and all Tallismen who were fined this Court are released from their respective fines except those of the Original Pannell.

It appearing to this Court that Labon Taborn is a free Mullatto and an apprentice bound by Granville County Court to David Bradford [searched for this back through Aug 1792 in GvCPQS] formerly of Granville but since the binding moved to Rowan County and that it being alleged his master had used him Ill, and the said apprentice being now in Goal as a runaway, this Court doth Order that he be sent to Granville County Court which bound him out the said apprentice be delivered into the hands of Justices on their giving Security by Recognisance before Absalom Tatom or John Hogg Esquires or either of them for the personal appearance of the said apprentice at the next county Court of Pleas and Quarter Session to be held for Granville, and that the said Recognisance to taken in the Sum of £80 after paying his prison fees &c. [For more on the fate of Laban Taban, see also OCPQS 4/543 & OCPQS 4/605. David Bradford acknowledged a deed at Nov 1793 Term of GvCPQS, page 119.]

Rainey Philips is appointed Overseer of the road leading from Stoney Creek to Greens ford on Haw river [in] the room [of] Zachariah Herndon.

[OCPQS 4/606 - Aug 1794]

Henry Thompson obtained a License to keep Tavern at his now dwelling house in the Town of Hillsboro & offers Wm McQuistion & David Ray Securities which was approved of by the Court.

Ordered that Abraham Davis be appointed Overseer of the road leading from Bennehans Old Store to Chatham Court house, that is to day from dry Creek to Bolings Creek with the following hands (to wit): Hardy Morgan, Abraham Allen, Wm Edwards, Ephraim Dixon, Elisha Bevil, Gray Boothe & Ben Yeargan.

James Latta Jr is appointed processioner in St Maries District in the Room of Walter Alves esquire who resigned and qualified accordingly &c.

Edward Couch is appointed Overseer of the road in the room of Jno Dannel from Newhope bridge to dry Creek. Ordered that the usual hands work on the same (to wit): Charles Colliar, William W Wells Green, John Robertson, Alexander Dugger, Shadrick Dugger, Rose Sears, John Moore.

[OCPQS 4/607 - Aug 1794]

Friday Morning 10 O’Clock Court met according to Adjm’t. Present: Wm Ansley, A Tatom, Wm Hooper} Esquires.

It appearing to this Court that the Writ Ad Lunatico Inquirendo to enquire into the Lunacy of John Morgan is Illegal, Ordered therefore that the Verdict of the Jury be set aside and that a new Writ issue returnable to our next Court on the fourth monday of November next.

William Wilkinson is appointed Overseer of the road from Francis Wilkinsons fence to the upper part of the county line road called Baines road in the room or Robert Tinnin. Ordered that the following hands work on [the same]: James Lapsley, Jno Wilkinson, Dan’l Wilkinson, Wm Clark, Jo Clark, Abraham Faucet, Richard Lake, Richard Faucet, James Hart, Ralph Faucet, Rob’t Tinnen.

[OCPQS 4/608 is blank.]