Aug Term 1802
[OCPQS 6/310 - Aug 1802]
State of North Carolina, At a Court of Pleas & Quarter
Sessions begun & Held for Orange County on the 4th Monday of
August 1802. Present: Wm Shepperd, James Carson, Sam Benton} esqrs.
The Sheriff returns the Venire facias Ex’d.
Grand Jury: Isaac Harvey, Jonathan Nichols, James Cain, Tho
Baker, Tho Holloway, Jos Kirkland, James Palmer, Nathan Dicks, Alex’r Boreland,
Silas Forrest, Ralph Faucett, Sam’l Thompson, Jacob Jackson, Abner Veasey,
Nathan Forrest.
William Andrews sworn to attend the Grand Jury as Constable.
[OCPQS 6/311 - Aug 1802]
Remaining Jurors: Wm Clark, Jno Galbreath, Wm Whitted, James
Yarbro, Wm Lewis, Caleb Harvey.
Jurors who failed to appear: [blank]
Charles Garrison who failed to appear as a Juror at last
Term as excused by reasons shewn the Court on Oath.
5. Israel Barker vs James Davis} Jury charged: Wm Clark,
John Galbreath, William Whithed, James Yarbro, William Lewis, Caleb Harvey,
John Comb, Andrew Watson, John Cate, John Lankston, Henry Shepperd, Henry
Thompson. Plaintiff called & non Suit. Appeal prayed. John Reves & Wm
Murray Sec’s.
[OCPQS 6/312 - Aug 1802]
10. Robert Duke vs Ashley & Horton} Same Jury charged as
in No 5 charged. Plaintiff called & non Suit.
15 John Cole vs Southerland May} Same jury as in No 5
charged. Find the money mentioned in the bond declared on to be of the Value of
£50, find no payt or set off and assess the plaintiffs damages to £4.15/ &
Costs.
16. Jeremiah Johnston vs Henry Forrest} Same jury charged as
in No 5. Called & non Suit.
[OCPQS 6/313 - Aug 1802]
Jeremiah Johnston vs Henry Forrest} Harris Woods, Isham Johnston,
Moses Dossett, Josiah Forrest Witnesses Summoned in behalf of the Plff being
called on their Subpoena & failing to appear are fined according to act of
assembly.
18. John Ferrington vs John Stroud} Cov’t. Same Jury as in
No 5 charged. Find the Covenant not performed and assess the Plffs Damages to £22.7/9
£15.17.8 & Costs.
19. John Ferrington vs John Stroud} Debt. Same Jury as in No
5 charged. Find the bond declared on has been paid viz by Reuben Smith in the
year 1795. Appeals. Wm Norwood Sufficient Sec’y.
[OCPQS 6/314 - Aug 1802]
John King’s Exrs vs Dishon? & Denton? James Richard?}
Same Jury as in No 5 charged. Find no payt or set off & assess the plffs
Dam to £7.3/ & Costs. Prin £46.10/1.
25. David Gilston vs Augustine & Luke Dishon} Debt. Same
Jury as in No 5 charged. Find no payment or set off & assess the Plffs
Damages to £14/ & Costs. Prin 25.6/3.
Henry Long vs Arthur Lovins} Same Jury as in No 5 charged.
Find the Money mentioned in the bond declared on to be £33.16/6 & assess
the plffs Dam to £4.2/6 & Costs.
[OCPQS 6/315 - Aug 1802]
Ordered that Isaac Harvey be appointed Guardian to James
Massey aged 8 years who enters into Bond with William Elliott his Sec’y in the
Sum of £200.
Ordered that Nathan Dicks be appointed Guardian of May
Massey aged 12 years who enters into bond with John Denon his Security in the
Sum of £200.
Ordered that Thomas Watts be appointed Guardian to William C
Watts, Thomas D Watts & Joseph M Watts his children who enters into Bond
with Joseph Stubbins Jr & Eli Hill his Securities in the Sum of £200. [See
also administration OCPQS 4/639, slave & perishable property to be sold
OCPQS 4/554, slave to be sold OCPQS 5/51, guardianship OCPQS 5/527, partition
of land OCPQS 5/533, guardianship OCPQS 5/551.]
Court adjourns.
[OCPQS 6/316 - Aug 1802]
Tuesday 24th August 1802, Court met according to
adjournment. Present: William McCauley, Sterling Harris, James Benton} esqrs.
26. Peter Huffman vs May & Efland} Jury charged: Wm
Clark, Jno Galbreath, Wm Whithed. James Yarbro, William Lewis, Caleb Harvey,
David Rainey, Charles Dunnagan, Eli Hill, Abner Bailiff, John Waggoner, William
Holt Jr. Find no payt or set off & assess the Plffs Dam to £2.13.9 &
Costs. Prin 35.17. [totaling] 39.10.9.
[OCPQS 6/317 - Aug 1802]
Wm Kirkland vs James Mason} Same Jury. Find no payment or
set off & assess the Plff Dam to £3.3/3 & Costs. Prin 35.3/9 [totaling]
38.7.
John Nichols ass’ee vs Thomas Johnston} Same Jury. Find the
Bond declared on to be the Act & Deed of the Defendant, that there is no
payment or set off, that the Doll[ar]s mentioned in the Bond are of the Value
of £30 and assess the Plffs Damages to £10.0.7 & Costs.
[OCPQS 6/318 - Aug 1802]
Fetty Somers vs Absalom Holt} Jury charged: Levi Whithed,
And’w Murdock, David Strayhorn, Henry Neal, Burris Estridge, Hugh Lovins, Henry
Waggoner, William Warren, Benj’n Jackson, John Dixon, John Neeley, George
Carrington. Assess the plffs Damages to £34.6.7 & Costs.
34. Wm Lytle & others Justices &c vs Lewis Jones
& others} Same Jury charged. Find the Bond to be the Act & Deed of the
Defendants, that the Condition has not been performed & assess the plffs
Damages to 6d & Costs.
[OCPQS 6/319 - Aug 1802]
Edy Weaver vs John Cain} Same Jury charged. Find the Def’t
Guilty within 3 years, that there is no release & assess the plffs Damages
to £12.10/ & Costs.
Henry Seawell vs David Horton} Same Jury as in No 26. Find
the Doll[ar]s mentioned in the bond to be of the Value of £50, No payment or
set off & assess the plff Dam to £2.10/ & Costs. [In margin:] fifa
is’d.
[OCPQS 6/320 - Aug 1802]
Samuel Crawford vs Wm Newman Jr?} Same Jury as in No 26
charged. Find the bond declared on to be the Act & Deed of the Defendant,
that the bond was not obtained by duress or force, that there is no payment or
set off, that the money mentioned in the bond is of the Value of £25.17.2 and
assess the plffs Dam to £3.10.7 & Costs. [totaling] 29.9.9
James Williams vs Eli Hill} Jury charged: Wm Clark, John
Galbreath, Wm Whithed, James Yarbrough, William Lewis, Caleb Harvey, David
Rainey, Charles Dunnagan, Abner Bailiff, John Waggoner, William Holt, Henry
Forrest. Find the Def’t Guilty, that there is no Justification & assess the
plffs Damages to £13 & Costs.
[OCPQS 6/321 - Aug 1802]
44. William Hooper vs John Hogan]. Jury charged: Lewi
Whitted, Douglas Coupland, David Strayhorn, Henry Neal, Burris Estridge, Hugh
Lovins, Henry Waggoner, William Warren, Benjamin Jackson, John Dinon, John
Neeley, George Carrington. Find that the Def’t did assume & within 3 years,
that there is no set off & assess the plffs Damages to £22.10/ & Costs.
Scott & Kirkland vs Joseph Dixon} Same Jury as in No 44.
Find no payment or set off & assess the plffs Dam to £2.2.4 & Costs.
[principle] 59.9.6 [totaling] 61.11.10
[OCPQS 6/322 - Aug 1802]
Cain & Armstrong assignees vs Joseph Dixon} Same
Jury.
Benjamin Barbee vs Edwards & Holder} Same Jury as in No
44. Find the Value of the Money mentioned in the bond to be £64, that the
Covenant has not been performed & assess the plff Dam to £2.14/4 &
Costs. [totaling] 66.14.4
Frances Moreland vs Jonathan? Forrest} Same Jury.
[OCPQS 6/323 - Aug 1802]
James Murdock by his vs David Rainey} Jury charged: William
Clark, William Whithed, James Yarbro, William Lewis, Caleb Harvey, John
Galbreath, Charles Dunnagin, Abner Bailiff, John Waggoner, William Holt, Henry Forrest,
James Turrentine. Find the Def’t not Guilty.
Major Pollard vs Jehu Beaver} Same Jury as in No 44 charged.
Find the Defendant Guilty & assess the plffs Damages to 6d & Costs.
Appeal prayed. Jno G Rencher & Joseph Dixon Sufficient Sec’s.
[OCPQS 6/324 - Aug 1802]
Ordered that Henry Forrest be fined 10/ for not attending as
a Talisman at the Call of the Sheriff.
Thomas Faucett vs Thomas Watts} Jury charged: William Clark,
Wm Whithed, James Yarbrough, William Lewis, Jno Galbreath, Caleb Harvey,
Charles Dunnagan, Abner Bailiff, Jno Waggoner, William Holt, James Turrentine,
Reuben Burrows. Find that the Defendant did assume, that there is no payment or
[set off] assess the plff Damages to £4.5/ & Costs.
Ordered that Hugh Lovins be fined 10/ for not attending as a
Talisman at the call of the Sheriff.
[OCPQS 6/325 - Aug 1802]
Ordered that Levi Sledge? Aged 18 years at this time be
bound to Henry Goodloe to lean the art & mistery of the house Carpenter.
[Bond not found.]
[OCPQS 6/326 - Aug 1802]
Wednesday 25th August 1802, Court met according
to adjournment. Present: Wm F Strudwick, James Carson, Isaac Holt} esqrs.
Sam’l Pleasants & Sons vs James Grant} Jury charged:
William Clark, Wm Whithed, James Yarbrough, Caleb Harvey, John Galbreath, Wm
Lewis, John Hide, Zachariah Herndon, Benj’n Yeargain, John Barbee, Tho
Scarlett, James Rainey. Assess the plff Damages to £1392.18/1 & Costs.
[OCPQS 6/327 - Aug 1802]
The State vs Robert Duke} Ind’t Ass’t. Jury Sworn: William
Clark, James Yarbrough, Caleb Harvey, John Galbreath, William Lewis, Edmund
Herndon, John Hide, Zachariah Herndon, Benj’n Yeargain, John Barbee, Tho
Scarlett, James Rainey. Find the Defendant Guilty in Manner & form as
charged in the bill of Indictment.
The State vs Sam’l Clenny} Same jury as above. Find the
Def’t not Guilty. Appeal prayed & Granted. On Motion Ordered that the
Defendant be bound to the Superior Court.
[OCPQS 6/328 - Aug 1802]
The State vs John Ray & others} Jury Sworn: Benj’n
Barbee, James Trice, Joseph Ming, John Lankston, Constant Perkins, Henry
Thompson Jr, Wm Holt Jr, John Piper, William Horn, Ezekiel Trice, Thomas
McCullock, John Nichols. Find Jno Ray & Thomas Ray Guilty in manner &
form as charged in the bill of Ind’t. William Duke not Guilty.
The State vs James Leathers} Jury Sworn: James Doherty,
Robert Morrow, Thomas McCracken, Hugh Mulhollan, James Rogers, David Strayhorn,
Henry Fossett, David Faucett, Jesse Heagwood, Matthew Barber, Eli Hill, Isaac
Bracken. Find the Def’t not Guilty.
[OCPQS 6/329 - Aug 1802]
The State vs Jno Ray & others} Ind’t Wm Duke not Guilty.
Motion that the prosecutor pay the Costs of this prosecution as respects
William Duke. Motion Overuled from which William Duke prays an appeal.
[OCPQS 6/330 - Aug 1802]
Thursday 26th August 1802, Court met according to
adjournment. Present: James Carson, John Cabe, Isaac Holt} esqs.
Ordered that Nancy Sharp daughter of Benjamin Sharp Dec’d
now of the age 14 years be bound to William Pickett to learn the art &
mistery of a Spinster. [Bond not found.]
John Bowles is excused for his non attendance as a Juror at
the last Term by reason shewn the Court on Oath.
On Motion, Ordered that the Shff forbear to collect the
Taxes now due on the property of Isabella Wilson in the Town of Hillsbo’ and
that the said property be released from Taxes in future.
[OCPQS 6/331 - Aug 1802]
Ordered that Sally Mincy daughter of Lucy aged 4 years 20th
May last be bound to Wm Campbell to learn the art & mistery of a Spinster.
[Bond not found.]
Ordered that William Lamb Son of Huldy Lamb aged 6 years 28th
July last be bound to William Pickett to learn the art & mistery of a
farmer. [See Apprentice Bonds, image 415.]
Ordered that Allen Lamb son of Huldy Lamb aged 4 years 3rd
Dec next be bound to William Pickett to learn the art & mistery of a
farmer. [See Apprentice Bonds, image 413.]
[OCPQS 6/332 - Aug 1802]
Administration of the Estate of Alex’r Patten Dec’d is
granted to John Patten who enters into Bond with James Palmer and Robert Dixon
his Securities int eh Sum of £500.
Catlet Campbell, William Kirkland & James Yarbrough are
appointed a Committee to examine the Accounts & Vouchers of John Casey
County Trustee & report to this Term.
It appearing to the Court that an Execution now returned to
the last term for the Sum of £10.5.7 issued by David Mebane Esquire one of the
Justices of the Peace for the County in favour of Robert Morrow Ag[ainst]
Charles Cotton, levied upon a certain tract of land belonging to said Cotton,
and the same land having been sold by the Sheriff of this County by virtue of an
Order of Sale made at last term in favour of James Clendening, for the Sum of
£80.2.6, and the same being more than sufficient to satisfy said Execution, It
is ordered that the Sheriff pay to the aforesaid Robert Morrow the Amt of his
debt & the Costs of said Execution &c out of the said Surplus in his
hands.
Ordered that
Administration on the Estate of John Holt Sr? dec’d be granted to John Holt,
Jeremiah Holt & William Holt Sr whereupon they with Robert Degon? and Adam
Whitsell their Securities entered into and acknowledged a Bond in the Sum of
£2000.
On Motion of William Cain it is Ordered that a Negro Man
Slave named Jack the Property of said William residing at his Plantation on New
Hope Creek, and a Negro Man Slave named Sam, the Property of said William
residing at his plantation on Little River, be allowed to carry a Gun each and
hunt in the woods of their said Master, Whereupon he with Duncan Cameron his
Security entered into a Bond in the Sum of One Hundred Pounds for the S?????
Behaviour of said Slaves. [See OC Slave Records image 18.]
The last Will & Testament of Jeremiah McCracken was duly
proven by the Oath of James Clendening a Subscribing witness thereto, and on
Motion ordered to be recorded, then came John McCracken one of the Exrs therein
named and was duly qualified. [See OWB D/66.]
[OCPQS 6/334 - Aug 1802]
On Motion, Ordered that William Nash pay immediately to
Alsey Murphey the Sum of £27 for the Maintenance of a child of which Alsey
Murphey single woman hath been delivered and of which the said William Nash
Stands charged according to Law with being the reputed reputed [sic] father.
[Contrast OCPQS 5/465. This is apparently not the child mentioned in Bastardy
Bonds, image 615 which was from 1795. Alsey Murphey apparently had a child with
Nash in 1795, another with Samuel Benton in 1798 and this one with Nash in
1802.]
Ordered that the Sheriff summon the following Persons to
attend the next Superior Court: Joseph Thompson (C S), William Mundy (Wm),
Pleasant Henderson, Henry Thompson Sr, Archibald Campbell, John E Carson, James
Pratt, Jesse Clark, Levi Whitted, Ro Fossett (Clerk &c?), Joseph Green,
Daniel Rainey, John Holt (O B), Joseph Albright.
Ordered that a Notice do issue to Elizabeth Dick Guardian of
Mary Dick to appear at the next Ct and shew Cause if any she hath why she
should not give Counter Security for the Insolvents for her present Securities.
[See also administration OCPQS 4/499, accounting OCPQS 6/357 & OCPQS 6/406,
guardianship OCPQS 4/613 & OCPQS 4/588.]
Ordered that Rhody Izzard Daughter of Margaret Izzard now of
the age of 3 years 5th July last be bound to Rebecca Chapman to
learn the art & mistery of Spinster. [See Apprentice Bonds, image 418.]
[OCPQS 6/335 - Aug 1802]
The Execution of a Bond from James Murray to Jane Murray was
duly proved in open court by the affirmation of of Jesse Towell a Subscribing witness
thereto & ordered to be registered. [See ODB 9/369.]
The execution of a Bond from Jesse Shy to Jesse Towell was
duly proved in open Court by the oath of Richard Thompson a subscribing witness
thereto & ordered to be registered. [See ODB 9/368.]
[OCPQS 6/336 is blank.]
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