May Term 1803
[OCPQS 6/392 - May 1803]
State of North Carolina, At a Court of Pleas & quarter
Sessions began & held for Orange County at the Court house in Hillsboro on
the 4th Monday of May 1803. Present: Wm F Strudwick, Ca Campbell,
Sam’l Benton} Esqrs.
The Sheriff returns his Venire facias Ex’d viz: [blank]
[OCPQS 6/393 - May 1803]
Grand Jury impannelled & Sworn vizt: William Gant, John
Piper, William Hall, John Holden, John Mitchel, John Thompson, Samuel Nelson,
James Turrentine, James Yarbro, Isaac Hall, James Trice, John Johnston, Joseph
Kirkland, Jehu Whitted.
[blank] Sworn to attend the Grand Jury as Constable during
the Term.
Remaining Jurors of the Original Pannell who have appeared
& qualified: Tho Bird, Geo Foust, James Johnston, James Allison, Peter
Foust, James Mebane, Ezekiel Trice.
Jurors of the Original Pannell who have not appeared vizt:
Wm Cain, Herbert Sims, Jesse Rice, John Robinson, James Palmer, Andrew McBroom,
Eli Woods.
[OCPQS 6/394 - May 1803]
Wm Barbee one of the Original Pannell is excused from his
attendance as a Juror at this Term by reason of his not being a Freeholder.
Reuben Woods Esq atto &c is appointed to attend and
prosecute in behalf of the State during this Term in the absence of John A
Williams Atto for the County.
3. David Rainey vs Loren Rhodes} O Atta. Jury charged: Tho
Bird, Geo Foust, James Johnston, James Allison, Peter Foust, James Mebane,
Ezekiel Trice, Sam’l Ector, Tho McCracken, Wm Hobson, John Copley, John Adams.
Assess the plffs Damages to £54.10/8 & Costs.
[OCPQS 6/395 - May 1803]
Ordered that Catlet Campbell, John Casey & Abner B Bruce
be appointed to settle the Accounts of Sterling Harris Esq Treasurer of Public
Buildings for Orange County and report to this Court on Thursday next.
5. John O’Daniel vs John Moore & others} Jury charged
&c: Thomas Bird, George Foust, James Johnston, James Allison, Peter Foust,
James Mebane, Ezekiel Trice, Sam’l Ector, Tho McCracken, John Copley, John
Adams, Baxter Boling. Plaintiff called & non Suit. Appeal prayed &
Granted. Tho Whithed & Henry O’Daniel Sec’s.
[OCPQS 6/396 - May 1803]
13. Isaac Patterson ass’ee vs Johnston & O’Neal} Same
jury as in No 5 charged. Find the dollars mentioned in the bond to be of the
Value of £36.15/ & assess the plaintiffs Damages to £3.6/ & Costs.
17. John Campbell vs Charles Cotton} Same Jury as in No 5
charged. Assess the plaintiffs Damages to £130.2/5 & Costs. Plaintiff
remits £2.4/2 of this Judgm’t.
Martha Baldridge Widow of James Baldridge Dec’d comes into
Court & Signifies her dissent from the last Will & Testament of James
Baldridge Dec’d her late Husband. [See OWB D/103.]
[OCPQS 6/397 - May 1803]
23. James Williams ass’ee vs Dishon & Horner} Same Jury
as in No 17 charged. Find the Money mentioned in the bond to be of the Value of
£26 & assess the plffs damages to £1.16/4 & Costs.
Andrew Gibson vs Absalom Holt} Same Jury as in No 17
charged. Find the Value of the Money mentioned in the bond to be £50.1/ &
assess the Plffs Damages to £6 & Costs.
[OCPQS 6/398 - May 1803]
Jesse Nevill vs Augustus Benton} Same Jury. Find no payt or
set off & assess the plff dam to £2.6/ & Costs and that Doll[ar]s
mentioned in the bond declared on are of the value £60.
Charles Christmas vs Kirk & Jones bail} Sci fa. Same
Jury. Find that the principal has not been Surrendered & that his not dead.
The Court adjudges that there is such a record & that a Ca Sa did issue
&c & that plaintiff have Execution according to this Scire facias.
[OCPQS 6/399 - May 1803]
Nath’l Husketh vs Jesse Nevill} Same Jury. Find a payt on
the 24th November 1802 of £26.6/, that the residue of the bond is
unpaid & assess the Plffs damages to £2.7 & Costs.
Joseph Simmons Jr vs John Kirk} O atta, deft & enq’y.
Same Jury. Assess the plffs Damages to £32./3 ½ & Costs.
[OCPQS 6/400 - May 1803]
Alex’r Gray vs Arch’d Campbell} Same Jury. Find no payt or
set off & assess the plff Damages to £33.15/4 & Costs. Prin :519.11/10
Wm Wortham vs Stroud & Christmas} Same Jury. Find the
Dollars mentioned in the bond Covenants not performed & assess the
Plffs Damages to £33.18/6 & Costs.
The Same vs The Same} Same Jury. Find the Covenants not
performed & assess the plaintiffs Damages to £31.7.6 & Costs.
[OCPQS 6/401 - May 1803]
George Fogleman vs Francis McCamey} Same Jury. Find the
Value of the dollars mentioned in the bond to be £24.10/ & assess the plffs
dam to 19/6 & Costs.
John Fogleman vs Francis McCamey} Same Jury. Find the Value
of the Doll[ar]s to be £25 & assess the Plffs Damages to £15/ & Costs.
Abner Wisthaly as’ee vs William Elliott} Same Jury. Find
that there is no payt or set off & assess the plffs Dam to £1.2/2 &
Costs. Prin 37.10/
[OCPQS 6/402 - May 1803]
William Griffis vs Sarah Freeman} Same Jury. Assess the
Plffs Damages to £32.11/ & Costs.
The Same vs The Same} Same Jury. Assess the plffs damages to
£26 & Costs.
David Rainey vs Mark Durham} Same Jury. Assess the Plffs
Damages to £34.13/4 & Costs.
John Browning vs John & Jos Street} Same Jury. Find
the money mentioned in the bond to be of the Value of £50 & assess the
Plffs Dam ?? & Costs. Assess the plaintiffs Dam prin & Int to
£48.19/9 & Costs.
[OCPQS 6/403 - May 1803]
William Kirkland ass’ee vs Christmas & Howard} Same
Jury. Assess the Plaintiffs Dams to £24.16/4 & Costs.
John Holts admrs vs Absalom Holt} Same Jury. Assess the
plaintiffs damages to £24.16/ & Costs.
William Whitted vs Arch’d Campbell} Same Jury. Assess the
Plaintiffs Damages to £53.15/ & Costs.
Sam’l Thompson vs Arch’d Campbell} Same Jury. Assess the
plffs Damages to £42.17.8 & Costs, that the Covenant has not been
performed.
[OCPQS 6/404 - May 1803]
Cain Ray & Co vs William Kirk} Same Jury. Assess the
plaintiffs Damages to £2.7 & Costs. Prin 71.10/8
[OCPQS 6/405 is blank.]
[OCPQS 6/406 - May 1803]
Tuesday 28th May 1803, Court met according to
adjournment. Present: William F Strudwick, Catlet Campbell, Sam’l Benton}
esqrs.
Ordered that Abner B Bruce & Wm McKerall be appointed a
Comittee to examine & Settle the Accounts of Elizabeth Dick admx of John
Dick Dec’d & Guardian of Mary Dick daughter of John Dick Dec’d and report
to the Court. [See also administration OCPQS 4/499, accounting OCPQS 6/357,
guardianship OCPQS 4/613 & OCPQS 4/588, removal from guardianship OCPQS
6/334.]
[OCPQS 6/407 - May 1803]
Sam’l Benton vs John Taylor} Jury charged: Tho Bird, George
Foust, James Johnston, James Allison, Peter Foust, James Mebane Jr, Ezekiel
Trice, Elihu Woods, Mark Durham, Jesse Cate, Wm Hogan, Jesse Clark. Find that
the Def’t did assume, that there is no set off & assess the Plffs Damages
to £77.10/ & Costs.
Augustus Benton ass’ee vs Sam’l Hopkins Admr &c} Same
Jury charged. Find that after allowing payt there is a Balance due in principal
& Int of £29.18/4 & assess Damages to £16 & 6d Costs.
[OCPQS 6/408 - May 1803]
They find that the Defendant has fully administered, Judgmt
when assets shall come to the hands of the Administrator.
John Stroud vs Henry Hunter} Jury charged: Thomas Bird,
George Foust, James Johnston, James Allison, Peter Foust, James Mebane Jr,
Ezekiel Trice, Elihu Woods, Mark Durham, Jesse Cate, Jesse Clark, Const
Perkins. Plaintiff called & non Suit.
John Stroud vs Henry Hunter} Same Jury as above charged.
Find the Bond declared on to be the Act & Deed of Defendant, that the
Conditions upon which it was delivered have been complied with on the part of
the Plaintiff & assess the Plffs Damaged to £154.5/ & Costs.
[OCPQS 6/409 - May 1803]
Jno Wh?????. ???????????. Jas ????????
John Stroud vs Henry Hunter} Judgmt. The Def’t prayed an
appeal which is granted. Wm Hogan & Augustus Suff Sec’s in the appeal.
Cain Ray & Co vs James Cain} Jury charged: Johnston
Craig, Tho Searcy, Henry Faucett, John Young, Silas Forrest, Augustus Benton,
Tho Holloway, James Comb, Abram Craig, James Mitchel, John Thompson, James
Tate. Find no payt or set off & assess the Plffs Damages to £2.13/2 &
Costs. Prin 96.10/3
[OCPQS 6/410 - May 1803]
Stephen Frazier vs William Forsyth} Same Jury charged.
Assess the plaintiffs Damages to £33.5/ & Costs.
Wm Kirkland vs George Freeman} O atta. Same Jury charged.
Assess the Plffs Damages to £25.7.6 & Costs.
Wm Lockart vs James Christmas} Same Jury charged. Assess the
Plffs Damages to £12.7.11 & Costs.
[OCPQS 6/411 - May 1803]
Court of Pleas & quarter Sessions. May Term 1803
In the matter of George, Cate, Sally and her child young
George and Jack slaves of the late Major Absalom Tatum. Duncan Cameron, John
Hogg, Catlett Campbell and Samuel Goodwin, the Executors of Major Absalom Tatum
deceased appear in Open Court, produce before the Court the last Will and
Testament of the said Absalom Tatum [OWB D/94]
whereby he directs his Slaves to be liberated and apply to the said Court to
liberate the Slaves George, Cate, Sally and her child young George and young
George Jack late the property of the Said Absalom Tatum as directed in said
last Will and Testament by reason of their meritorious services to their late
Master the said Absalom Tatum and it being shewn to the Court here that the
said Salves have rendered meritorious services to their said Master entitling
them to be liberated. It is therefore ordered adjudged and Decreed that the
said Slaves George, Cate, Sally and her child young George and Jack be liberated
and set free and that henceforth they and each of them be
invested with all the rights and privileges of free born Negroes. [See further litigation
about this emancipation, OCPQS 18/202, May 1854; Procedendo from Superior
Court, OCPQS 18/379, Nov 1855 – emancipation confirmed.]
[OCPQS 6/412 - May 1803]
Wednesday Morning, Court met according to adjournment.
Present: Jno Taylor, Ca Campbell, Isaac Holt} esqrs.
The State vs Chapman Johnston} Ind’t. Jury Sworn: Tho Bird,
George Foust, James Johnston, James Allison, Peter Foust, James Mebane Jr,
Elihu Woods, Robert King, John Eccles, Sam’l Carson, Tho Fitch, Robert Moore.
Find the Def’t not Guilty in Manner & form as charged in the bill of
Indictment.
[OCPQS 6/413 - May 1803]
The State vs Isaac Bracken Jr} Jury Sworn: Tho Bird, George
Foust, James Johnston, James Allison, Peter Foust, James Mebane Jr, Elihu
Woods, Robert King, John Eccles, Sam’l Carson, Tho Fitch, Robert Moore. Find
the Def’t Guilty in Manner & form as charged in the bill of Indictment.
[OCPQS 6/414 - May 1803]
John Taylor Clerk of the County Court of Orange had leave to
renew his Bonds as Clerk of said Court, which he did according to law with John
Taylor Sr, Walter Alves, William Norwood and Duncan Cameron his Securities.
Samuel Turrentine and Thomas Whithead are appointed a
Committee to settle the Accounts of James Walker Executor of Edward Harris
dec’d and make report to this Court.
Ordered that the Clerk of this court deliver to James Hogg
Exr of the last Will & Testament of Thomas Burke Dec’d the Vouchers by him
filed in the Office as Exr & Guardian of Miss Burke August 1803. Reg’d the
Vouchers according to the above Order. /James Hogg/ [See also litigation OCPQS
4/352, accounting OCPQS 4/483, accounting OCPQS 4/593, guardianship OCPQS
5/657.]
[OCPQS 6/415 - May 1803]
Justices
appointed to receive the lists of Taxables & Taxable property for the year
1803:
Town of
Hillsbo Catlet Campbell
Hillsbo
District Wm F Strudwick
Orange
District Joseph Moore
Chatham
District James Moore
St Marks
Dist Zachariah
Herndon
St Mary’s
Dist James Walker
St Asaphs
Dist Isaac Holt
Caswell Dist Joseph Clendening
St Thomas’s Dist John
Taylor
[OCPQS 6/416 is blank.]
[OCPQS 6/417 - May 1803]
Thursday Morning May 1803, Court met according to
adjournment. Present: Jno Taylor, Isaac Holt, Zach Herndon} esqrs.
Ordered that Elizabeth Cates daughter of Mary Hastings now
of the age of five years the 6th Feby next be bound to James
Hastings to learn the Art & Mistery of a Spinster. [Bond not found.
Elizabeth’s father was evidently Richard Cate - see Bastardy Bonds, images 787,
793, 795, 874, 1012 & 1037. See also OCPQS 5/567 & OCPQS 6/61.]
Ordered that Elizabeth Cate Admx of William Cate dec’d have
until next Term to make return of the Account of Sales of the Estate of said Wm
Cate Dec’d.
[OCPQS 6/418 - May 1803]
Court met according to adjournment. Present: Wm F Strudwick,
David Mebane, Sam’l Benton} esq.
Samuel Pleasants & Sons vs James Grant} Original
Attachment levie & ??. John Umstead was a Garnishee, saith that he hath
nothing of the Estate of the said James Grant in his hands, that he is not
indebted to said Grant, neither doth he know of any Persons being indebted to
him. [See OCPQS 6/301 & OCPQS 6/326.]
[OCPQS 6/419 - May 1803]
18. Robert Moore vs Walter Mankins} Genl issue & Stat
lim. Jury charged: Henry Shepperd, Thomas Searcy, Nath’l Newlin, David
Patterson, William Brown, John Lynch, Tobias Smith, Wm Morrow, John Daniel,
Sam’l Kirkpatrick, James Massey, John Elliss?. Plaintiff called & non Suit.
The State vs Sam’l Thompson} recog £25. To appear at this
Term to pros & give Evidence agt Tho McCullock, Andrew McCullock in an
Assault.
[OCPQS 6/420 - May 1803]
???? Jameson of lawful age comes into Court and chooses John
Jameson her Guardian who enters into Bond with James Ray, John Brown, David
Allison & Andrew Gray his Securities in the Sum of £600.
Jane Riggs formerly Jane Jameson is removed from her
Guardianship of William Jameson and John Jameson is a Guardian who enters into
bond with James Ray, John Brown, David Allison & Andrew Gray his Securities
in the Sum of £600. [See also administration OCPQS 4/504, accounting &
inventory OCPQS 5/661, OCPQS 6/96, OCPQS 6/389, guardianship OCPQS 4/633, OCPQS
4/634 & OCPQS 6/456.]
Jane Riggs formerly Jane Jameson is removed from her
Guardianship of Robert Jameson and John Jameson is appointed Guardian to the
said Robert Jameson who enters into bond with James Ray, Jno Brown, David
Allison & Andrew Gray his Sec’s in the Sum of £600.
Administration on
the Estate of Robert Williams Dec’d is granted to John Co???? who enters into
bond with Catlet Campbell & Abner B Bruce Securities in the Sum of £5000. [See
also perishable property to be sold OCPQS 6/423.]
Susannah Finley
widow & relict of Hugh Finley Dec’d comes into Court & relinquishes her
right of Administration. Administration on the Estate of Hugh Finley Dec’d
therefore granted to Alex Finley & John Reeves who enter into bond with
????? Finley & Isaac Bracken their Securities in the Sum of £1000. [See
also perishable property & widow's share OCPQS 6/423.]
[OCPQS 6/422 - May 1803]
Nathaniel Carter is appointed Guardian to Enoch Carter for
the purpose of receiving a Legacy left to the said Enoch Carter by Enoch
Bradley Dec’d & enters into bond with Thomas Lindley his Sec’y in the Sum
of £20. [RESEARCH]
Whereas it is represented to the Court that Jeremiah Izzard
hath absented himself from the Care & maintenance of his family for the
Space of One year and upwards and that it becomes necessary that Anderson
Izzard the Son of the said Jeremiah Izzard should be bound it – It is therefore
ordered that the said Anderson Izzard be bound to James Paine to learn the Art
& mistery of a farmer. [Bond not found, but see OCPQS 7/249.]
Pleasant Henderson esq ???????? comes
into Court and takes the Oaths necessary for the Qualification of Justices of
the Peace.
On motion, Ordered that William F Strudwick
esq, Owen Lindly, Martin Palmer & David Fossett be appointed Commissioners
to lay off & allott to Susannah Finley Widow of Hugh Finley one years
provision. [See also administration OCPQS 6/421.]
Ordered that the
Administrators of Hugh Finley have leave to sell all the personal Estate of the
said Hugh Dec’d.
Ordered that John
Casey Admr of Robert Williams Dec’d have leave to sell the perishable Estate of
Robert Williams Dec’d. [See also administration OCPQS 6/421.]
John Hogg esq one of
the Executors mentioned in the last Will & Testament of Absalom Tatom esq
dec’d comes into Court and qualifies accordingly. [See OWB D/94.]
Ordered that Betty
Washburn daughter of Sarah Washburn now of the age of 6 years 20th
Sept next be bound to John Reeves to learn the Art & mistery of a Spinster.
[Bond not found.]
Administration on
the Estate of Frederick Beck Dec’d is granted to Henry Bunch who enters into
bond with John Holden & Stephen Carroll his Sec’s in the Sum of £500.
[OCPQS 6/425 - May 1803]
William Rainey esq. Entry Taker of this County comes into
Court and renews his bond as Entry Taker according to Law with Hardy Hurdle
& James Mebane Jr his Securities.
Ordered that John Casey be allowed the Sum of £28.4/11 for
his Services as County Trustee up to August 1802.
[OCPQS 6/426 - May 1803]
Justices: John Taylor, William McCauley, Joseph Clendening,
John Rhodes, Zachariah Herndon, Sterling Harris, James Carson, Samuel Benton,
John Thompson, David Mebane, Wm F Strudwick, Wm Shepperd, John Umstead, Catlet
Campbell.
When Samuel Turrentine esq was unanimously elected Sheriff
of the County of Orange & enters into Bond with Walter Alves, Catlet
Campbell, William Kirkland, Daniel Turrentine, Andrew Murdock, David Ray,
William F Strudwick, his Sec’s & took the Oaths necessary for his
qualification.
Thomas Whithed.
[OCPQS 6/427 - May 1803]
Ordered that the Sheriff Samuel Turrentine Shff
&c be allowed the Sum of £50 for his Ex officio Services during the last
year.
Ordered that John Taylor Clerk of this Court be allowed £50
for his Ex officio Services during the last year.
Ordered that Daniel Helm Son of Joseph Helm now of the age
of Seventeen years the 15th March last be bound to Richard Ball to
learn the Art & mistery of a black Smith. [Bond not found.]
Sterling Harris is elected Treasurer of public buildings for
the County of Orange & enters into bond with Catlet Campbell & William
F Strudwick.
[OCPQS 6/428 - May 1803]
Ordered that the Order respecting the holders of free
persons of color by Indenture be renewed and that the time of their giving bond
be enlarged until next Court.
[OCPQS 6/429 is blank.]
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