May Term 1802
[OCPQS 6/280 - May 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 May 1802. Present the Worshipfull
Wm F Strudwick, Wm McCauley, Sam Benton} esqrs.
The Sheriff returns his Venire facias Ex’d viz: [blank]
[OCPQS 6/281 - May 1802]
Grand Jury impannelled & Sworn viz: Andrew Murdock,
Henry Neal, Abner B Bruce, Thomas McCulloch, Sam’l Couch, James Crutchfield,
James Williams, John Coble, David Rainey, Walter Alves, Henry Pickett, James
Pickett, Rich’d Bennehan, Thomas Holden, Thomas Lindley.
Reuben Smith Sworn to attend the Grand Jury as Constable
during this Term.
Sam’l Hill & Enoch Collins sworn to attend the petit
Juries as Constables during this Term.
Remaining Jurors of the Original Pannell who have appeared
& qualified: Henry Shepperd, Tho Searcy, Nath’l Newlin, David Patterson, Wm
Brown, John Lynch, Tobias Smith, Wm Morrow, John Daniel.
[OCPQS 6/282 - May 1802]
Jurors who have failed to attend at this Term viz: George
Garrison, John Bowles, William Guy.
Henry Thompson Jr one of the Original Jurors is excused by
reason of his being a post rider.
Ezekiel Trice & Wm Barbee are excused from their
attendance as Jurors at this Term by reason of their not being Freeholders.
3. Abner B Bruce vs Alexander Tinnen} Def’t & Enq’y.
Jury charged: Henry Shepperd, Thomas Searcy, Nath’l Newlin, David Patterson, Wm
Brown, John Lynch, Tobias Smith, Wm Morrow, John Daniel, John Hanks, Eli Woods,
Benjamin Roney. Assess the plaintiffs damages to £24.13.5/ & Costs.
[OCPQS 6/283 - May 1802]
John Eason was surrendered by Sam’l Mebane his Bail &
Ordered into the Custody of the Sheriff.
Isaac Bracken vs Joseph Barber} Case. Same Jury as in No 3
charged. Find the Def’t guilty & within 6 months, that there is no
Justification & assess the plffs Damages to £2.0.6 & Costs.
William Whitfield vs John Allison} Def’t & Enq’y.
[Jury:] James Davis, Jno Lankston, John Paul, Robert Moore, Isaac Bracken,
William Trice, Richard Morr??, James Barnhill, Sam’l Whitsell, Lewis Kirk,
Robert Moore, Sam’l Riggs. Assess the plaintiffs Damages to 1d & Costs.
[OCPQS 6/284 - May 1802]
Isaac Bracken vs Joseph Barber} A rule on the plaintiff to
shew cause why he shall not pay the attendance of John Fitch & William
Faucett Witnesses summoned in his behalf in the above case.
James Horton vs Mark Harris} Same Jury as in No 3 charged.
Find that the Defendant did not assume. appeal prayed.
[OCPQS 6/285 - May 1802]
Lewis Kirk is fined 20/ for his non attendance as a Talisman
at Call of the Sheriff.
Eli Collins vs Henry Fossett} Jury charged: James Davis,
John Lankston, John Paul, Robert Moore, Isaac Bracken, William Trice, Richard
Mor??, James Barnhill, Sam’l Whitsell, Lewis Kirk Sutton Ward, Robert
Morrow, Sam’l Riggs. Find that the Defendant did assume and that they did ???
refer? &c & assess the Plff Damages to £30.13 & Costs.
Joseph Cook vs Jno McKerall} Jury charged. Plff called &
non Suit.
[OCPQS 6/286 - May 1802]
Joseph Cook vs John McKerall} James McCoy & Wm Newman Jr
Witnesses in behalf of the plaintiff being called on their Subpoena and failing
to appear are fined according to Act of Assembly.
16. Richard Simpson vs James Shepperd} Jury charged: Henry
Shepperd, Thomas Searcy, Nath’l Newlin, David Patterson, William Brown, John
Lynch, Tobias Smith, Wm Morrow, John Daniel, John Hanks, Eli Woods, Wm Morrow.
Find no payt or set off & assess the plffs Damages to that the Value
of the Money mentioned in the bond is £37.10/ & assess the plff’s Dam
£5.10/ & Costs. [totaling] 43
[OCPQS 6/287 - May 1802]
Wm Band & Co vs Arch’d Brockwell} Same Jury as in No 11
charged. Assess the plff Damages to £64.2.4 & Costs.
John Stroud vs John Coupland} Same Jury. Find no payt or set
off & assess the Plff Damages to £3.3 ½ & Costs. Prin £28.
John Paul vs James & Walter Murray} Same Jury. Find that
the Money mentioned in the bond is of the Value of £50, that there is no payt
or set off & assess the Plff Damages to £4.8 & Costs.
[OCPQS 6/288 - May 1802]
Alex’r Mabane ass’ee vs Aquilla Jones Sr} Same Jury charged
as in No 18. Find no payt or set off & assess the Plffs Dam to £17.6 &
Costs. Prin 25.
Alex’r Mabane ass’ee vs Aquilla Jones Jr} Same Jury as in No
18 charged. Find no payt or set off & assess the plffs Dam to £15/ &
Costs. Prin 25.
Andrew Gibson vs John Lankston} Def’t & Enq’y. Same Jury
charged as in No 18. Find the money mentioned in the bond to be of the Value of
£27.10 & assess the Plffs Dam to 18/ & Costs.
[OCPQS 6/289 - May 1802]
Joseph Ming ass’ee vs Isaac Bracken} Same Jury as in No 18
charged. Find the bond declared to be the Act & Deed of the Def’t, that it
was not obtained by duress, that there is no payt or set off, that the V C
mentioned in the bond is of the Value of £25 and assess the plff Dam to £5.17
& Costs. Appeal prayed – James Faucett & Ralph Faucett Sec’s.
31. James O’Neal ass’ee vs Cortner & Horneday} Jury
charged: Jno Reiley, Sam’l Woods, Wm Hobbs, Jos Hastings, Burras Estridge,
Joseph Ming, Abner Bailiff, John Taylor, And’w McBroom, James Morrow, Barney
Lashley, Levi Whitted. Assess the Plffs Damages to £24.14/1 & Costs.
[OCPQS 6/290 - May 1802]
Joseph Cook vs Jno McKerall} Appeal prayed & Granted.
Daniel Green & Thomas Cook are thought sufficient Security in the above
appeal.
Rich’d Thompson Treasurer of the Town of Hillsboro vs Wm
Lockard Sec’y for James Christmas late Treasurer &c} On Motion of the
Plaintiff by his Attorney & due notice having been proven to the Defend’t,
Judgment is granted agt the said Def’t for the sum of £7.15/6 & Costs.
[OCPQS 6/291 - May 1802]
David Rainey vs Leven Rhodes} Reuben Smith one of the
Guarnishees bring Sworn is discharged by the Court. Ordered that the property
levied be sold, that the Sheriff return the money arising thereon to the next
Court Subject to the Plaintiffs recovery, and that James Patterson the other
Guarnishee be continued until next Court.
Sarah Dunnagan Sr? vs Nath’l Clark} Same Jury as in No 31
charged. Assess the plffs Damages to £4 & Costs. Judgmt of the Court
against the Securities in appeal.
[OCPQS 6/292 - May 1802]
Wednesday Morning, Court met according to adjournment.
Present: James Carson, John Thompson, Sam Benton} esqrs
Absalom Tatom, Catlett Campbell & John Casey are
appointed to settle the account of the Treasurer of Public Buildings &
report to this Term.
The State vs Isaac Bracken Jr & others} Jury Sworn:
Henry Shepperd, Nath’l Newlin, David Patterson, William Brown, John Lynch,
Tobias Smith, William Morrow, John Daniel, William Lewis, John Cole, John
Piper, Robert Fossett. Find the Defendants Guilty in manner & form as
charged in the bill of Indictment. Isaac Bracken is fined £1, Henry Bracken £2,
James Faucett 20/, Walter Mankins 20/, William Bracken 20/.
[OCPQS 6/293 - May 1802]
5. The State vs John Eason} Jury charged & Sworn: David
Faucett, William Trousdale, James Latta, John Galbreath, George Madden, James
Newlin, Thomas Faucett, Isaac Harvey, Sam’l Love, Thomas Scott, Dan’l
Turrentine, William Finley. Find the Defendant Guilty in manner & form as
charged in the bill of Indictment.
The State vs Francis Dancy} Jury Sworn: David Faucett,
William Trousdale, James Latta, John Galbreath, George Madden, James Newlin,
Thomas Faucett, Isaac Harvey, Dan’l Turrentine, William Finley, James Faucett,
John Lankston. Find the Def’t Guilty in manner & form as charged in the
bill of Indictment.
[OCPQS 6/294 - May 1802]
The State vs Robert Duke} Jury Sworn: Henry Shepperd, Nath’l
Newlin, David Patterson, William Brown, John Lynch, Tobias Smith, William
Morrow, John Daniel, William Lewis, John Cole, John Piper, Robert Fossett.
Juror withdrawn.
The State vs James Williams} Jury Sworn: Henry Shepperd,
Nath’l Newlin, David Patterson, William Brown, John Lynch, Tobias Smith,
William Morrow, John Daniel, William Lewis, John Cole, John Piper, Robert
Fossett. Find the Defendant Guilty in Manner & form as charged in the bill
of Indictment.
[OCPQS 6/295 - May 1802]
The State vs James Williams} Jury Sworn: David Faucett,
William Trousdale, James Latta, John Galbreath, George Madden, James ???????,
Thomas Faucett, Isaac Harvey, Dan’l Turrentine, William Finley, James Faucett,
John Lankston. Find the Defendant Guilty in manner & form as charged in the
bill of Indictment.
The State vs Hugh Woods} Jury Sworn: Henry Shepperd, Nath’l
Newlin, David Patterson, William Brown, John Lynch, Tobias Smith, William
Morrow, John Daniel, William Lewis, John Cole, John Piper, Robert Fossett. Find
the Defendant Guilty in Manner & form as charged in the bill of Indictment.
[OCPQS 6/296 - May 1802]
Jonathan Lindley vs Daniel Peirce} Or Attachment levied in
the hands of Arch’d Campbell & him summoned as Garnishee, he being sworn
saith that he is indebted to the def’t on said Attachment in the Amount of One
Hundred pounds. Ordered by the Court that the Money in the hands of said
Archibald Campbell be condemned subject to the Recovery of the Plff.
Ordered that a Spa? issue to Peter Foust & Dan’l Foust
to prove the Will of Sam’l Pile at next Term. [See OWB D/73.]
Ordered that Ezekiel Horneday Son of Ezekiel Horneday now of
the age 6 years the 24th day of February last be bound to Isaac
Harvey to [learn] the Art & mistery of a miller. [See Apprentice Bonds,
image 411.]
[OCPQS 6/297 - May 1802]
The Execution of a Deed from William Shepherd to William
Cocke for 640 acres of land lying & being in the State of Tennessee was
duly proved in open Court by the Oath of Henry Shepherd & Thomas Whitted the
Subscribing Witnesses thereto and on Motion ordered that the said probate be
recorded & Certified by the Clerk. [Certified in order to be recorded in
another county.]
The Execution of a Deed from William Shepherd to William
Cocke for 640 acres of land lying & being in the State of Tennessee was
duly proved in open Court by the Oath of Henry Shepherd & Thomas Whitted the
Subscribing Witnesses thereto and on Motion ordered that the said probate be
recorded & Certified by the Clerk. [Certified in order to be recorded in
another county.]
The Execution of a Deed from William Shepherd to William
Cocke for 640 acres of land lying & being in the State of Tennessee was
duly proved in open Court by the Oath of Henry Shepherd & Thomas Whitted the
Subscribing Witnesses thereto and on Motion ordered that the said probate be
recorded & Certified by the Clerk. [Certified in order to be recorded in
another county.]
[OCPQS 6/298 is blank.]
[OCPQS 6/299 is blank.]
Thursday Morning,
Court met according to Adjournment. Present: Wm McCauley, Sterling Harris,
David Mebane} esqrs.
Administration on
the Estate of Catharine McKenechy is granted to Thomas Horn who enters into
bond with Chesley Page Patterson & John Taylor his Securities in the Sum of
£250.
Administration on
the Estate of John Pickett Dec’d is granted to Sam’l Hopkins who enters into
bond with John Taylor & Augustus Benton his Securities in the Sum of £200.
Jane Pickett widow &c having relinquished her right of Adm’n to Sam’l
Hopkins. [See also accounting OCPQS 6/506.]
[OCPQS 6/301 - May 1802]
Samuel Pleasants & Sons vs James Grant} Original
attachment levied in the hands of Augustus Benton and he having been duly sworn
saith that ?? a Suit is now depending in the Superior Court of law for the
district of Hillsboro in which the said James Grant is Plaintiff and him the
said Augustus Benton is deft, that he cannot ascertain what Sum the said James
Grant may recover, or whether he will affect a Recovery at all. On Motion of
the Plffs by their Atto it is ordered that the debt or demand which the said
James Grant may establish against the said Augustus Benton in his Suit
aforesaid be condemned in the hands of the said Augustus Benton subject to the
Recovery to be made by the Plffs in this Suit and that the said Garnishee have
further time to ascertain the Amo of what Sum her may be found indebted to said
James Grant, or whether indebted at all. It is further ordered that Publication
be made in the State Gazette [RESEARCH] that the afsd James Grant appear
replevy and plead within three Months of that Judgt Final will be enlarged up
against them on their suit.
[OCPQS 6/302 - May 1802]
Ordered that the County Treasurer pay unto Andrew Murdock
esq late Shff &c the Sum of Twenty Seven Shillings & six pence being
the Same by him advanced to procure boxes & Constable Stores? for the use
of the County.
Ordered that Mary Vaughan natural daughter of Sarah Vaughan
now about the age of Seven years be bound to William Murdock to learn the art
& mistery of a Spinster. [See Apprentice Bonds, image 462.]
Ordered that Jonathan Mincey natural Son of Lucy Mincey now
about ten years old be bound to John Hall to learn the art & mistery of a
farmer. [See Apprentice Bonds, image 417.]
Ordered that Samuel Mincey natural Son of Lucy Mincey now of
the age of Seven years be bound to William Murdock to learn the art &
mistery of a Farmer. [See Apprentice Bonds, image 460.]
Administration on
the Estate of Mary Long Dec’d is granted to Gasper Long who enter into Bond
with James Gant and James Rippey his Securities in the Sum of £200.
Isaac Bracken vs
Joseph Barber} Ordered that John Fitch & James Faucett Witnesses in behalf
of the plff be allowed no attendance at this Term.
Licence is granted
to Asa Turner to keep a Tavern at his house on the road leading from Hillsboro
to the Fish Dam Ford on Neuse River who enters into bond with Elias Turner
& John Tipps.
[OCPQS 6/304 - May
1802]
Turner Braswell heir
of Simon Braswell Dec’d having relinquished his right of Administration on the
Estate of the said Simon Braswell Dec’d, Administration on the Estate of Simon
Braswell Dec’d is therefore granted to John Stroud who enters into Bond with
Charles Christmas & Richard Cates his Securities in the Sum of £500.
Ordered that a Commission issue to take the Deposition of
Nathaniel Christmas of Tom bigby in the State of Georgia to prove the Execution
of a Deed from James Trousdale to the University of North Carolina. [See OCPQS
6/223 & OCPQS 6/380. Eventually this deed was recorded at ODB 11/142.]
Ordered that Jeremiah McCallister Son of James McCallister
now of the age of Eighteen years the 15th July next be bound to
David Woods to learn the art & mistery of a Black Smith. [Bond not found.]
[OCPQS 6/305 - May 1802]
Present, the following Justices, viz: Wm F Strudwick, Sam
Benton, James Moore, David Mebane, John Cabe, Abram Anderson, Sterling Harris,
William McCauley, James Carson, John Taylor.
Samuel Turrentine esq is unanimously elected Sheriff of
Orange County who enters into Bond with Catlet Campbell, Walter Alves, Andrew
Murdock, Daniel Turrentine, William Kirkland & David Ray & took the
Several Oaths necessary for his qualification.
Sterling Harris is elected Treasurer of public Buildings for
the County of Orange & enters into Bond with Catlet Campbell, David Ray
& William Norwood.
[OCPQS 6/306 - May 1802]
George Albright records his Ear mark viz a Crop and a slit
in the left Ear and a Slit in the right Ear.
George Albright records his brand viz G A on the near
Shoulder.
Ordered that Samuel Turrentine Esq Shff &c be allowed the
Sum of £1.4/6 which he has expended on repairs done to the Courthouse, and that
the Treasurer of Public Buildings pay the same.
William Guy Jr is excused for his non attendance as a Juror
at this Term by reason shewn the Court on Oath.
On the report of the Commissioners appointed to Let the
building of the Bridge over the Newhope Creek at Capt Collier’s on the road
leading from the University to the City of Raleigh, It is Ordered that the said
Commissioners are hereby reappointed directed to take Bond of William
Merritt the Undertaker for the performance of his proposition to keep the said
Bridge in repairs for fourteen years and at the price by him proposed. [See
OCPQS 6/274.]
[OCPQS 6/307 - May 1802]
Ordered the Clerk of this Court be allowed the Sum of £50
for his Ex Officio Services during the last year.
Ordered that the Sheriff be allowed the Sum of £50 for his
Ex Officio Services during the last year.
Ordered that David Ray late County Trustee be allowed 3 p
cent for receiving & 3 p cent for paying out monies by him received from
Aug’t 1800 until Aug’t 1801.
Sam’l Benton & Catlet Campbell are appointed
Commissioners to act with the Treasurer of Public Building in letting the painting
repairs to be done to the Court house & pillory.
[OCPQS 6/308 - May 1802]
Ordered that the Sheriff collect the following Taxes viz
1/ p poll, 1/ p 300 acres of Land & 1/ p £100 value of
Town property for the payt of Jurors.
2/ p poll, 2/ p 300 acres of Land & 2/ p £100 value for
County Contingencies.
4d p poll, 4d p 300 acres of Land & 4d £100 value for
building bridge.
3d p poll, 3d p 300 acres of Land & 3d p £100 for
repairing the Court house.
[OCPQS 6/309 is blank.]
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