Nov Term 1804
[OCPQS 6/598 - Nov 1804]
State of North Carolina, At a Court of Pleas and Quarter
Sessions begun & held for the County of Orange at the Court House in
Hillsboro on the fourth Monday of November AD 1804. Present: Abner B Bruce,
Jonathan Lindley, David Allison} Esqs.
The Sheriff returns the Venire Facias to wit: Andrew
McBroom, John McDaniel, Daniel Foust, Robert Tinnen Capt, James Crutchfield,
Hugh Mulhollan, George Johnston, James Stockard, William Whitted, Jesse Clarke,
Daniel Turrentine, William Holt (son Jno), Robert Holiday, John Walker, Adam
Sharp, John Casey, William Mebane, John Marshall, John Towell, James Clarke of
Jno, John Holmes, James Allison, Joel Phillips, William Thompson, James
Thompson, Thomas Lindley, Wm Harvey, Samuel Kirkpatrick, Alexr Russell, Fisher
Clendening.
[OCPQS 6/599 - Nov 1804]
Grand Jury to wit: William Whitted, Joel Phillips, John
Towell, James Allison, Sam’l Kirkpatrick, James Clark, John Walker, Jesse
Clark, Alex Russell, Rob’t Holliday, Wm Holt, Dan’l Turrentine, Tho Lindley,
Fisher Clendening, Geo Johnston.
Robert Caton sworn to attend the Grand Jury during this
Term.
Remaining Jurors who have appeared viz: William Thompson,
John McDaniel, Hugh Mulhollan, John Holmes, James Thompson, Andrew McBroom,
John Casey, Robert Tinnen.
Jurors of the
original panel who have failed to appear to wit: Adam Sharp, Wm Mebane, John
Marshall, James Stockard, Wm Harvey, James Crutchfield, Daniel Foust.
Administration de
bonis non on the Estate of Wm Watters Dec’d is granted to Mary Watters who
enters into bond with Duncan Cameron & Wm Norwood her Securities in the sum
of £1000. [See also administration OCPQS 5/219, inventory OCPQS 5/324.]
2. Benjamin Peeler vs William Dunnagan} Detinue, Genl issue
& stat lim. Jury charged viz: William Thompson, John McDaniel, Hugh
Mulhollan, John Holmes, James Thompson, Andrew McBroom, John Casey, Rob’t
Tinnen, Thomas MacCracken, Wm Hall, Tobias Smith, John Workman. Find the
Defendant doth detain the Negro Boy Parker & within 3 years, that he is of
the Value of £200 & assess the plffs Damages to 6d & Cost.
[OCPQS 6/601 - Nov 1804]
8. William Mebane & Co vs Mebane Rainey} Detinue, Genl
issue & stat lim. Same Jury as in number 2 charged. Find that the Defendant
doth detain the Negro Boy Roger alias Dodger mentioned in the Plff Declaration
& within 3 years, and that he is of the Value of £133.6/8, also that they
do not detain the Negro Girl Nancy, and assess the plffs Damages to £0.0/6
& Costs. £133.6/8.
[OCPQS 6/602 - Nov 1804]
Den on Demise of John Huffman vs Roe & Ben Roney &
others} Ejectment. Same Jury as in No 2 charged &c. Find the Defendants not
Guilty. Appeal prayed & Granted. Andrew Gibson Sec’y. [See Dunaway’s Ejectments,
page 55.]
John Galbreath is appointed Overseer of the road from
Galbreaths Ferry on Haw River to the fork at Robert Duncans.
It appearing to the Court that Sarah Moore Orphan of George
Moore Dec’d being above the age of fourteen years hath made choice of Duncan
Cameron esq as her Guardian by Deed acknowledged before the Hon’ble John Hall
esq – Duncan Cameron esq is therefore
[OCPQS 6/603 - Nov 1804]
Appointed Guardian to the said Sarah Moore and enters into
Bond with William Norwood & Archibald D Murphy his Securities in the Sum of
£10,000. [See also administration OCPQS 6/590, litigation OCPQS 6/617,
inventory OCPQS 6/630.]
Ordered that John Hall produce Jonathan Mincey to the next
Court and that he appear & Shew Cause why the said Jonathan shall not be
removed on Account of ill Treatment. [RESEARCH]
[OCPQS 6/604 is blank.]
[OCPQS 6/605 - Nov 1804]
Friday 27th Nov’r 1804, Court met according to
adjournment. Present Jonathan Lindley, Abner B Bruce, David Mebane, John Ray}
esqs
11. Ezekiel Brewer vs Washington Pulliam} Jury Sworn: Wm
Thompson, Hugh Mulhollan, John Holmes, James Thompson, John Casey, Robert
Tinnen, Isaac Bracken, Jacob Hardin, And’w McCauley, And’w McCullock, Henry
Thompson, John Pugh. Plaintiff called & non Suit.
[OCPQS 6/606 - Nov 1804]
John Mebane &c vs Mebane & Rainey} Same Jury as in
No 11 charged. Find that the Defendants do detain the Negro Boy Guilford
mentioned in the plffs Declaration & within 3 years, that is of the Value
of £200 & assess the plffs Damages to 6d & Costs.
Francis Moreland Exrs vs Jonathan Forrest} Jury Charged:
John Hughes, Sam’l Woods, Hugh Woods, Henry Faucett, Morgan Hart, Robert
Morrow, Alex’r Morrow, James Morrow, John Hubbard, Matthew Barber, Eli Hill,
Baxter Bowling. Assess the plaintiffs Damages to £55.15/ & Costs.
[OCPQS 6/607 - Nov 1804]
Francis Child vs David Woods} Same Jury. Assess the plffs
Damages to £42 & Costs.
Oliver & Nathan Pierce vs Sam Hopkins admr of Sam’l
Love} Case. Same Jury as above. Find that there is no pay’t or set off and
assess Plff’s damages to £61.17.10 & Costs.
[OCPQS 6/608 - Nov 1804]
John Hubbard vs Thomas Edwards} Jury charged: John McDaniel,
Morgan Hart, Robert Morrow, Sam’l Woods, Abram Craig, Henry Faucett, Baxter
Boling, Eli Hill, Tho Fitch, Matthew Barber, Alexr Morrow, James Morrow. Plff
called & non suit. Appeal prayed.
John Jameson vs Daniel Cloud} Slander. Jury charged: John M
McDaniel, Andrew McBroom, Morgan Hart, Robert Morrow, Abram Craig, Henry
Faucett, Baxter Bowling, Thomas Fitch, Matthew Barber, Alex Morrow, James
Morrow. Find the Defendant not Guilty.
[OCPQS 6/609 - Nov 1804]
The Exrs of James Lynch vs John Cain} Same Jury as No 11. Find
that after deducting a payment of £75 on the 4th March 1803 the
residue in prin & Int is £56.6.2 & Costs.
Den on Demise of Hugh Woods vs Fen & John Hughes}
Ejectment. Jury charged: William Thompson, Hugh Mulhollan, John Holmes, James
Thompson, John Casey, Robert Tinnen, Isaac Bracken, Jacob Harder, Andrew
McCauley, Henry Thompson, John Pugh, Thomas Armstrong. Find the Defendant not
Guilty. [See Dunaway’s Ejectments, page 54.]
[OCPQS 6/610 - Nov 1804]
Tobias Clapp vs Jno Cook & Geo Loy} Jury charged: John
McDaniel, Andrew McBroom, Sam’l Couch, Rob’t Morrow, Sam’l Woods, Abram Craig,
Henry Faucett, Baxter Boling, Thomas Fitch, Matthew Barber, Alex Morrow, James
Morrow. Find the Doll[ar]s mentioned in the bond declared on to be of the Value
of £25.17/8 & assess the plff Dam to £2.8.10 & Costs.
Tobias Clapp vs John & H Cook} Same Jury. Find the Value
of the Doll[ar]s mentioned in the Bond declared on to be £45, that after
allowing payt of £11.10/ the balance of prin & Int due is £27.19/4 &
Costs.
[OCPQS 6/611 - Nov 1804]
John Brower vs John Cook} Same Jury. Assess the plaintiffs
Damages to £56.8/10 & Costs.
David Ray & Co vs Alexander Tinnen} Appeal, Genl issue. Find
that the Defend’t did assume & assess the plaintiffs Damages to £15.6.3
& Costs.
[OCPQS 6/612 - Nov 1804]
Wednesday 18th 1804, Court met according to
adjournment. Present: Sam’l Benton, Zachariah Herndon, Joseph Clendening} esqs
The State vs John Bragg & Wm Luster} Ind’t. Jury sworn:
William Thompson, Hugh Mulhollan, John Holmes, James Thompson, John Casey,
Robert Tinnen, Andrew McBroom, John McDaniel, Mathew Barber, James Minnis,
Peter Shoftner, Joseph Marcum. Find the Defendants Guilty in Manner & form
as charged in the bill of Indictment.
[OCPQS 6/613 - Nov 1804]
The State vs Jno Bragg & Wm Luster} Wm Mass a witness in
behalf of the Defendants in the case being solemnly called by the Sheriff &
failing to appear according to the subpoena served on him is fined according to
act of Assembly.
11. The State vs Thomas Jinkins} [Jury:] William Thompson,
Hugh Mulhollan, John Holmes, James Thompson, John Casey, Robert Tinnen, Andrew
McBroom, John McDaniel, Mathew Barber, James Minnis, Peter Shoftner, Joseph
Marcum. Find the Defendant not Guilty. Ordered that the prosecutor pay the
Costs of this Ind’t.
[OCPQS 6/614 - Nov 1804]
The State vs Isaac Brackin Jr} Jury sworn: William Thompson,
Hugh Mulhollan, John Holmes, James Thompson, John Casey, Robert Tinnen, Andrew
McBroom, John McDaniel, John Hughes, James Minnis, Peter Shoftner, Joseph
Marcum. Find the Defendant Guilty in manner & form as charged in the bill
of Indictment.
The State vs Edmund Macklin} Jury sworn: William Thompson,
Hugh Mulhollan, John Holmes, James Thompson, John Casey, Robert Tinnen, Andrew
McBroom, John McDaniel, John Hughes, James Minnis, Peter Shoftner, Joseph
Marcum. Find the Defendant guilty in manner & form as charged in the bill
of Ind’t.
[OCPQS 6/615 - Nov 1804]
The State vs Jonathan Forrest} Jury sworn: Wm Thompson, Hugh
Mulhollan, John Holmes, James Thompson, John Casey, Robert Tinnen, Andrew
McBroom, John McDaniel, John Hughes, James Minnis, Peter Shoftner, John Riggs. Find
the Defendant not guilty, ordered that the prosecutor pay the Costs in this
suit.
The State vs John Artis} Same jury as above sworn. * Find
the Defendant not guilty.
The State vs Wm Lockhart} Same Jury as above sworn. Find the
Defendant guilty in manner & form as charged in the bill of Ind’t.
* It is the opinion of the Court that all the witnesses in
behalf of the State were material.
[OCPQS 6/616 is blank.]
Thursday Morning, Court
met according to adjournment. Present: Samuel Benton, Abner B Bruce, John
Taylor} esqs
Administration on
the Estate of David R Robinson Dec’d is granted to Isaac Holt & Nathaniel
Kerr who enter Bond with Arch’d D Murphy & James Webb their Sec’s in the
Sum of £500. [See also perishable property to be sold OCPQS 6/620.]
Sarah Moore by her Guardian vs James Webb adm’r &
William Moore an Infant} Ordered that John Taylor be appointed Guardian to
William Moore Pendente lite. [See also administration OCPQS 6/590, guardianship
OCPQS 6/602-603, inventory OCPQS 6/630.]
[OCPQS 6/618 - Nov 1804]
The State vs Edmond Maclin} The Defendant in this Case being
convicted of Petit Larceny at this Term – the Court adjudges and decrees that
the said Edmund Maclin be taken from hence to the public Whipping post and that
he there receive thirty nine Lashes on his bare Back, well laid on, and that
the Sheriff of this County carry this Sentence into Execution within one hour.
Ordered that Alice Hudson aged 6 Years 8th Octo
last be bound to Richard Browning until she arrives to lawful age to learn the
art & mistery of a Spinster. [See Apprentice Bonds, image 472.]
[OCPQS 6/619 - Nov 1804]
Ordered that Sanders Nash now of the age of [blank] years be
bound to Henry Shutt untill he arrives to lawful age to learn the art and
mistery of a Hatter. [Bond not found. Sanders was rebound in 1811 to Paul
Kennion to learn the same trade – see OCPQS 8/214 – perhaps Shutt had died?]
Ordered that the Sheriff being into the next court Hiram
Lindsey an orphan boy son of Mary Lindsey to be bound out by said Court. [But
this was apparently not carried out for many years – see OCPQS 8/518.]
Ordered that John Burnet son of Salley Burnet now of the age
of 8 years 4th Inst be bound to John Nichols until he arrive to
lawful age to learn the art & mistery of a farmer. [Bond not found.]
John Ray is appointed Guardian to Deborah Hopkins orphan of
Elza Hopkins Dec’d who enters into Bond with James Ray & George Carrington
his Sec’s in the sum of £500. [See also administration OCPQS 5/145.]
Administration on the Estate of James Dunlap
Dec’d is granted to Isaac Griffis who enters into Bond with Alexander Lacky
& Evan Jeffries who enters into Bond in the Sum of £500.
Ordered that the
Administrator of James Dunlap have leave to sell the perishable property of
said Deceased.
On the petition of Christian Dunlap Widow of James Dunlap
Dec’d Ordered that James Moore esq, James Bowles, John Bowles & Jacob
Garrison be appointed Commissioners to lay off one Years provision for her the
said Christian.
[OCPQS 6/621 is blank.]
[OCPQS 6/622 - Nov 1804]
Friday 30th Nov 1804, Court met according to
adjournment. Present: David Mebane, Sam’l Benton, Abner B Bruce} Esqs
The Execution of the last Will & Testament of Sarah
McCracken was duly proved in open County by the oath of Robert Hodge a
Subscribing Witness thereto & ordered to be recorded. [See OWB D/138.]
The Execution of a Deed from James Patterson to Michael
Moser was duly acknowledged in open Court. [See ODB 11/267.]
The Execution of a Deed from James Patterson to Matthew
Futril was duly proved in open Court by the oath of Reuben Smith a Subscribing
Witness thereto & ordered to be registered. [See ODB 11/268.]
The Execution of a Deed from Christopher Barbee to Francis
Barbee was duly proved in open Court by the oath of John Bragg a Subscribing
Witness thereto & ordered to be registered. [See ODB 11/286.]
The Execution of a Bill of Sale from Joseph Street to Samuel
Turrentine was duly proved in open Court by the oath of John Taylor Jr a
Subscribing Witness thereto & ordered to be registered. [See ODB 11/285.]
[OCPQS 6/623 - Nov 1804]
Saturday Court met according to adjournment. Present:
Sterling Harris, A B Bruce, Sam’l Benton} Esqs
Ordered that Benjamin Howell son of Benjamin who it appears
to the court hath left his family for more than one year be bound to Andrew
Brooks until he arrives to lawful age to learn the art & mistery of a
carpenter. [Bond not found.]
[OCPQS 6/624 - Nov 1804]
The Execution of a Deed from Lewis Kirk to Thomas Griffin
was duly proved in open Court by the oath of Samuel Turrentine a Subscribing
Witness thereto & ordered to be registered. [See ODB 11/284.]
The Execution of a Deed from Bartholomew Zachry to Andrew
Robinson was duly proved in open Court by the oath of William Brannock a
Subscribing Witness thereto & ordered to be registered. [See ODB 11/279.]
The Execution of the last Will & Testament of Joseph
Wells was duly proved in open Court by the oath of William Pike a Subscribing
Witness thereto & ordered to be recorded. [See OWB D/140. See inventory
OCPQS 6/629.]
The Execution of a Deed from Susannah Ward & Stephen
Ward to John Pike was duly proved in open Court by the affidavit of William
Pike a Subscribing Witness thereto & ordered to be registered. [Not found,
but see ODB 11/266.]
[OCPQS 6/625 - Nov 1804]
The Execution of a Deed from James Stockard to William
Trousdale was duly proved in open Court by the oath of John Ray a Subscribing
Witness thereto & ordered to be registered. [See ODB 11/279.]
The Execution of a Deed from John Pike Jr to William Pike
was duly proved in open Court by the oath of William Wells a Subscribing
Witness thereto & ordered to be registered. [See ODB 11/266.]
The Execution of a Deed from William Shepperd attorney
&c to George Friddle was duly acknowledged in open Court by William
Shepperd the subscriber thereto & ordered to be registered. [See ODB
11/277.]
The Execution of a Deed from Henry Bracken & Polly
Bracken was duly proved in open Court by the oath of James Moore a Subscribing
Witness thereto & ordered to be registered. [See ODB 11/271.]
The Execution of a Deed from John Walker to John Walker Jr
was duly proved in open Court by the oath of Ashford Walker a Subscribing
Witness thereto & ordered to be registered. [See ODB 11/275.]
[OCPQS 6/626 - Nov 1804]
The Execution of a Deed from Coleston Lovell & Margaret
Dinning to [John Swindell] was duly proved in open Court by the oath of Alex
Russel a Subscribing Witness thereto & ordered to be registered. [See ODB
11/274.]
The Execution of a Deed from John Hust to David George was
duly proved in open Court by the oath of Zach’a Herndon a Subscribing Witness
thereto & ordered to be registered. [See ODB 11/278.]
The Execution of a Deed from James Crutchfield to James
Thompson was duly proved in open Court by the oath of Daniel Turrentine a
Subscribing Witness thereto & ordered to be registered. [See ODB 11/289.]
The Execution of a Deed from William Rhodes to Benjamin B
Rhodes was duly proved in open Court by the oath of Wm Rhodes Jr a Subscribing
Witness thereto & ordered to be registered. [See ODB 11/286.]
The Execution of a Deed from Jacob Riley Jr to Peter Riley
was duly proved in open Court by the oath of Samuel Benton a Subscribing
Witness thereto & ordered to be registered. [See ODB 11/290.]
The Execution of a Deed from John L Kirk to Lewis Kirk was
duly proved in open Court by the oath of James Minnis a Subscribing Witness
thereto & ordered to be registered. [See ODB 11/283.]
[OCPQS 6/627 - Nov 1804]
The execution of a Bill of Sale from Mary Lloyd to Sally
Caruthers was duly proved in open Court by the oath of Elizabeth Caruthers a Subscribing Witness thereto & ordered to be
registered. [See ODB 11/266.]
The Execution of a Deed from Fredrick Moser to John Moser
was duly proved in open Court by the oath of Isaac Holt a Subscribing Witness
thereto & ordered to be registered. [See ODB 11/270.]
The Execution of a Deed from John Tickle to John Cockelrees
was duly proved in open Court by the oath of Leonard Barrow a Subscribing
Witness thereto & ordered to be registered. [See ODB 11/273.]
The Execution of a Deed from Samuel Love to William Rhodes
was duly proved in open Court by the oath of Joseph Dixon a Subscribing Witness
thereto & ordered to be registered. [See ODB 11/285.]
The Execution of a Deed from Nathan Jinkins to Ephraim
Mitchell was duly proved in open Court by the oath of Shadrack Mitchell a
Subscribing Witness thereto & ordered to be registered. [See ODB 11/278.]
The Execution of a Deed from William Turner to James Disarn
was duly acknowledged in open Court by William Turner a subscriber thereto and
ordered to be registered. [See ODB 11/274.]
[OCPQS 6/628 - Nov 1804]
The execution of a Bill of Sale from Joseph Street to
Conally Walker was duly proved in open Court by the oath of Samuel Turrentine a
Subscribing Witness thereto & ordered to be registered. [See ODB 11/284.]
The Execution of a Deed from James Currie to John Paul was
duly proved in open Court by the oath of Hugh Mulhollan Jr a Subscribing
Witness thereto & ordered to be registered. [See ODB 11/281.]
The Execution of a Deed from Abner Bailey to Joseph Thompson
was duly proved in open Court by the oath of Hugh Mulhollan Jr a Subscribing
Witness thereto & ordered to be registered. [See ODB 11/288.]
The Execution of a Deed from Nathaniel Robertson to John
Durham was duly proved in open Court by the oath of Thomas Stroud a Subscribing
Witness thereto & ordered to be registered. [See ODB 11/282.]
The Execution of a Deed from Richard Cope to Micajah
Debrulor was duly proved in open Court by the oath of Thomas Lynch a
Subscribing Witness thereto & ordered to be registered. [See ODB 11/265.]
The Execution of a Deed from Alexander Strain & Jesse
Rigsby to Samuel Love was duly proved in open Court by the oath of John Daniel
a Subscribing Witness thereto & ordered to be registered. [See ODB 11/287.]
[OCPQS 6/629 - Nov 1804]
The Execution of a Deed from John Daniel to Samuel Hays was
duly acknowledged in open Court by John Daniel the subscriber thereto &
ordered to be registered. [See ODB 11/272.]
The Execution of a Deed from Matthew Futril to James
Thompson was duly proved in open Court by the oath of Charles Christmas a
Subscribing Witness thereto & ordered to be registered. [See ODB 11/269.]
The Execution of a Deed from Charles Christmas to James
Thompson was duly acknowledged in open Court by Charles Christmas the
subscriber thereto & ordered to be registered. [See ODB 11/288.]
The Execution of a Bill of Sale from Thomas House to John
Steel was duly proved in open Court by the oath of Thomas Howard a Subscribing
Witness thereto & ordered to be registered. [See ODB 11/264.]
An Inventory of the Estate of Joseph Wells Sr was duly
proved in open Court by the oath of Isaac Wells & William Wells &
Ordered to be recorded. [His will at OWB D/140.]
An Inventory of the Estate of Thomas Ross was duly returned
on oath by William Brannock & ordered & ordered [sic] to be recorded.
[See also administration OCPQS 5/327 & OCPQS 6/255, guardianship OCPQS
6/224, slaves to be sold OCPQS 6/362, litigation OCPQS 6/581.]
[OCPQS 6/630 - Nov 1804]
An account current with the Estate of Edward Trice Dec’d was
returned on oath by William Trice & ordered to be recorded.
An Inventory of the Estate of John McCracken was duly
returned on oath by James Clendinnin & ordered to be recorded. [See also
administration OCPQS 6/497.]
An Inventory of the Estate of George Moore Dec’d was duly
returned on oath by James Webb & ordered to be recorded. [See also
administration OCPQS 6/590, guardianship OCPQS 6/602-603, litigation OCPQS
6/617.]
[End of OCPQS Minute Book 6]
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