Feb Term 1802
[OCPQS 6/258 - Feb 1802]
State of North Carolina, At a Court of Pleas & Quarter
Sessions begun & held for the County of Orange at the Court house in
Hillsborough on the 4th Monday of February 1802. Present, The
Worshipfull Samuel Benton, James Carson, Sterling Harris} Esqrs
The Sheriff returns his Writ of Venire facias &c viz:
[blank]
[OCPQS 6/259 - Feb 1802]
Grand Jury impannelled & sworn viz: John Casey, Jno
Holden, James Miller, Alex’r Robbs, Wm Blackwood, Wm Fitch, James Stockard,
Baldwin Nichols, Riley Vickers, Wm Carter, James Ray, Wm Clark, Tho Durham,
Thornbery Anderson, Pomfrett Herndon.
Thomas Fitch Sworn as Constable.
Remaining Jurors of the Original pannel who have appeared
& qualified viz: Wm Pickett, Sam’l Carson, Joseph Clendening, Wm Lockard,
Phillip Walker, James Tate.
Ordered that [blank]
[OCPQS 6/260 - Feb 1802]
11. Charles R Eaton vs James Carringtons Admrs} Jury
charged: Wm Pickett, Samuel Carson, Wm Lockard, Phillip Walker, James Tate,
Benjamin Yeargain, Robert Hodge, Thomas McCracken, James Barnhill, Robert
Faucett, John Workman. Find no payt or set off & assess the that the
Value of the V[irginia] M[oney] mentioned on the bond is £41.13.4/ & assess
the Plffs Dam to £2.15/ & Costs. [Totaling] 44.8.4
18. John Paul as’ee vs Charles Cotton} Same Jury as in No 11
charged. Find no payt or set off, that the value of the Doll[ar]s mentioned in
the bond to be £75 & assess the Plffs Dam to £1.18/4 & Costs.
[OCPQS 6/261 - Feb 1802]
17. David Harris & Wm Faucet Exrs vs Goston Dishon Jr}
Same Jury. Find the Covenant not performed & assess the Plffs Dam to
£26.15/ & Costs.
18. Augustus Benton vs Lambert Robertson} Same Jury. Find no
payt or set off & assess the Plffs Damages to £1.12.3 & Costs. 50.4
19. Bruce & McKerall vs Charles Coren} Case, Def’t. Same
Jury. Assess the Plffs Damages to £36.18/4 & Costs.
[OCPQS 6/262 - Feb 1802]
The Execution of the last Will and Testament of John Gandly
was duly proved by the Oaths of Rob’t Faucett & John Wilkinson Subscribing
Witnesses thereto & ordered to be recorded. No Exr being named in the said
will, Administration with the will annexed is committed to Mary Gandly widow
&c who enters into Bond with Robert Faucett her Security in the Sum of
£250. [See OWB D/62.]
The Execution of the last Will &
Testament of Richard Williams Dec’d was duly proved in open Court by the
Affirmation of Isaac Jackson and the Oath of Robert Faucett Subscribing
Witnesses thereto and Ordered to be recorded. At the Same time Rachel Williams
& James Williams the Executors named in said Will qualified. [See OWB
D/57.]
The Execution of a Deed from Margaret Loy to George Foust
was duly proved in open Court by the Oath of Joseph Clendening a Subscribing
Witness thereto and ordered to be registered. [See ODB 10/55.]
The Execution of a Deed from Henry Long to George Foust was
duly proved in open Court by the Oath of Joseph Clendening a Subscribing
Witness thereto and Ordered to be registered. [See ODB 10/36.]
[OCPQS 6/263 - Feb 1802]
Tuesday, Court met according to Adjournment. Present: Samuel
Benton, Wm McCauley, James Carson} Esqs.
1. Augustus Benton vs Edmund Shelton} Jury charged: Wm
Pickett, Wm Lockard, Sam’l Carson, Joseph Clendening, Phillip Walker, James
Tate, Wm Hobson, Walter Murray, Wm Elliott, Catlet Campbell, John McKerall,
Abner B Bruce. Plaintiff called & non Suit. Appeals. Benj’n Yeargain &
John Stroud are thought sufficient Securities in this appeal.
[OCPQS 6/264 - Feb 1802]
Frances Child vs James Baldridge} Jury charged: Wm Pickett,
Wm Lockard, Sam’l Carson, Joseph Clendening, Phillip Waler, James Tate, John
Stroud, Arch’s Campbell, Catlet Campbell, Walter Murray, William Elliott,
William Hobson. Find that after deducting payts & sets off there is due on
the bond £19.18/11 & Costs.
Joseph Hodge as’ee vs Lawson & McCulloch} James
McCullock Jr a Witness for plaintiff is this Case being called & failing to
appear according to the Subpoena served on him is fined ni Si according to Act
of Assembly.
[OCPQS 6/265 - Feb 1802]
15. John Terry vs John O’Daniel} Detinue. Jury charged: Wm
Pickett, Wm Lockard, Sam’l Carson, Joseph Clendening, Phillip Walker, James
Tate, John Stroud, James Pratt, Wm Hobson, Arch’d Campbell, Wm Elliott, Walter
Murray. Find that the Defendant does detain he Negro man Phil mentioned in the
Plaintiffs Declaration, that the said Negro Phil of the Value of £310 &
assess the plffs Damages to £40 & Costs.
[OCPQS 6/266 - Feb 1802]
21. Robert Carson vs Hugh Lovins} Jury charged: Ezekiel
Brewer, Eli Hill, John Adams, James Kirk, James Cate, John McKerall, John
O’Daniel, Richard Cates, Thomas Bowles, William Bowles, Johnston Craig, James
Thompson. Find that the Def’t did assume & within 3 years, that there is no
set off & assess the Plaintiffs Damages to £50 & Costs. Thornberry
Anderson & Silas Forrest thought sufficient Sec’s in this appeal.
The State vs James O’Daniel} £25 recog . To appear at this
Term to pros & give Evid agt Rich’d Cates for an assault.
[OCPQS 6/267 - Feb 1802]
Wednesday, Court met according to Adjournment. Present: John
Thompson, John Taylor, Sterling Harris} Esqrs.
The State vs Henry Bracken & Tho Fitch} forfeited recog.
On hearing the affidavit of Henry Bracken one of the Def’ts, the Court are of
Opinion that the forfeitures be remitted.
The State vs Sam’l Beasley} forfeited recog. On hearing the
Aff’t of the Def’t, It is the Opinion of the Court that the forfeitures be
remitted.
[OCPQS 6/268 - Feb 1802]
David Mebane & James Moore esqrs produced a Commission
from his Excell’y the Governor appointing them Justices of the Peace for the
County of Orange and thereupon took the Oaths necessary for their
qualification.
The State vs Henry Long} Ind’t. Jury Sworn: Wm Picket, Wm
Lockhart, Samuel Carson, Joseph Clendening, Phillip Walker, James Tate, John
Stroud, James Pratt, John Tate, James Mason, Samuel Beasley, Thomas Rhodes.
Find the Defendant Guilty in Manner & form as charged in the bill of Ind’t.
[OCPQS 6/269 - Feb 1802]
The State vs Thomas Nelson} Ind’t. Jury Sworn: Charles
Cotton, Reuben Burrows, John Thompson, William Kirk, Wm Findley, Thomas
Scarlett, John Piper, Henry Thompson, Robert Faucett, John Bason, Samuel
Mebane. Find the Defendant Guilty in manner & form as charged in the bill
of Ind’t.
Ordered that David Mebane esq, Jonathan Lindley & John
Ferrington be appointed a Committee to the Accounts Settle the Accounts
of Thomas Snipes Guardian of the Orphans of Peter Willis Dec’d and report to this
next Term. [See also administration OCPQS 4/480, guardianship OCPQS 4/503,
guardianship OCPQS 4/612, OCPQS 5/367 & OCPQS 6/100, accounting OCPQS
5/663.]
[OCPQS 6/270 - Feb 1802]
The State vs Henry Bracken} Ind’t ass’t. Jury Sworn: Wm
Pickett, Wm Lockart, Sam’l Carson, Joseph Clendening, James Tate, John Stroud,
James Pratt, John Tate, James Mason, Samuel Beasley, Thomas Rhodes. Find the
Defendant Guilty in manner & form as charged in the bill of Indictment.
The Commissioners ?? vs Samuel Hill} Jury charged: Wm
Picket, Wm Lockard, Sam’l Carson, Joseph Clendening, Phillip Walker, James Tate,
John Stroud, James Pratt, John Tate, James Mason, Thomas Rhodes, Jacob
Garrison. Assess Damages to £8.9.3 & Costs.
[OCPQS 6/271 - Feb 1802]
Anne Clendening Daughter of John Clendening Dec’d of Lawful
age comes into Court & chooses Joseph Clendening & James Clendening her
Guardians who enter bond with James Turner & Samuel Stewart their
Securities in the Sum of £4000.
Thursday, Court met
according to Adjournment. Present: Sterling Harris, James Moore, John Taylor}
esqrs.
Ordered that Samuel
Benton esq be appointed Guardian to Edward Turner, William Turner & John
Turner Orphans of Edward Turner Deceased who enters into Bond with John Taylor
& Duncan Cameron his Securities in the Sum of £1000.
Mary Bird widow
& relict of Empson Bird Dec’d comes into Court and having relinquished her
right of Administration on the Estate of said Dec’d, Administration of the
Estate of Empson Bird Dec’d is therefore granted to William Bird & Aaron
Walker who enter into Bond with William Whitted & Jehu Whitted in the Sum
of £2000. [See also widow's share OCPQS 6/273, guardianship OCPQS 6/364,
guardianship OCPQS 6/385.]
Ordered that the
said Administrators have leave to sell all the perishable property of Empson
Bird Dec’d including the negro property of said Estate.
On the petition of
Mary Bird Widow &c, Ordered that Sterling Harris be appointed as a Justice,
[with] John Ray, Wm Bradford & Robert Faucett Freeholders to lay off &
allot to the sd Mary as much of the Estate of the said Empson as will be
sufficient for the Support of herself & family for one year & make
return of their proceedings under their hand & seals to the next Court. [See
also administration OCPQS 6/272, guardianship OCPQS 6/364, guardianship OCPQS
6/385.]
On Motion of Charlotte Rhodes, Ordered that James Horner pay
unto Charlotte Rhodes the Sum of Twenty Seven pounds viz five seven
pounds immediately, £5 on the first day of February 1803, five pounds annually
thereafter until the whole Sum shall be paid. [See Bastardy Bonds, images 942
& 975.]
[OCPQS 6/274 - Feb 1802]
Present: Samuel Benton, Wm F Strudwick, John Rhodes, Isaac
Holt, Sterling Harris, John Thompson, James Moore, William McCauley, James
Moore, John Taylor} Esqrs.
Ordered that a Bridge be built over Newhope Creek on the
road leading from the University to Raleigh, that Robert Campbell & John
Taylor Jr Esquires, Pleasant Henderson, John Bragg & Christopher Barbee or
three of them contract with a workman to build the Same, and that they take Bond
with sufficient Securities payable to William McCauley chairman &c &
his Successors in office in the Sum of five hundred pounds from the Undertaker
to keep & maintain the bridge so to be built in good & Sufficient order
& Repair for the Term of Seven years to be computed from the time the
Commissioners shall receive the said Bridge. [See OCPQS 6/306.]
Administration on
the Estate of Patrick Dunn is granted to James Dunn who enters into Bond with
William F Strudwick & Richard Bull his Sec’s in the Sum of £500.
Ordered that Asa Combs natural Son of Lotte Wall of the age
of 8 years be bound to Kenneth Anderson to learn the art & Mistery of a
Shoemaker. [Bond not found.]
[OCPQS 6/276 - Feb 1802]
Present: Samuel Benton, Isaac Holt, John Rhodes, James
Moore, Wm F Strudwick, James Carson, Sterling Harris, Abram Anderson, John
Taylor, Wm McCauley, Jno Thompson}
Samuel Hill is elected Constable for the Town of
Hillsborough & enters into Bond with James Pratt & Baldwin Nichols his
Securities.
Enoch Collins is elected Constable for Hillsboro District
& enters into Bond with John Adams & John Jameson his Securities.
William Andrews is elected Constable for St Thomas’ District
& enters into bond with William McCauley & John Taylor his Securities.
Reuben Smith & James Williams are appointed Constables
in & for the District of Chatham Caswell and enters into bond with
Joseph Clendening & Pomfrett Herndon – Jno William, Jos Clendening &
John Thompson.
[OCPQS 6/277 - Feb 1802]
Thomas Fitch is elected Constable for Chatham District and
enters into bond with William Fitch & James Miller his Securities.
Jesse Blalock is elected Constable for Orange District and
enters into Bond with James Mason & Hardy Hurdle.
John Cook is elected Constable for St Asaphs district &
enters into Bond with Joseph Clendening & Thomas Whitted.
Joseph Brittain is elected Constable for St Marys district
and enters into Bond with William Hall & John Holden.
William Rhodes is appointed Constable for St Marks district
& enters into Bond with Thornberry Anderson & Riley Vickers.
[OCPQS 6/278 is blank.]
[OCPQS 6/279 is blank.]
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