powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Minutes of the General Court of North Carolina
North Carolina. General Court
March 31, 1720 - April 02, 1720
Volume 02, Pages 398-402

[Records of General Court.]


North Carolina—ss.
At a Genll Court of Oyer & Terminer held for the sd Province at the Genll Court House at Queen Ann's Creek in Chowan Precinct the 31st March 1720 & continued by adjournmt to the 2d day of April ffollowing

Present ffredrick Jones Esqr Chief Justice
Jno Blount Esqr Justice
Jno Palin Esqr Justice
Jams Beazley Esqr Justice
Thos Pollock Junr

The Grand Jury are Impannelled & Sworn Esqrs Justices

Thos Betterly fforeman

Thos Rountree Henry Clayton Edwd Wingate, Thos Blitchendon, Jno Jordan, Jams Williamson, Wm Downing, Jno Williams, Thos Jernigan, Isaac Hill, Jno Worsland Lars Thomas, Edwd Howcott, Martin ffrank, Samll Pagett, Thos Garrett, Thos Hoskins, Thos Matthews Robt Lanier Thos Masters

Upon the Return of the Grand Jury they present the following Indictmt:

To the Honble ffrederick Jones Esqr Ch: Justice and to the rest of the Justices for holding the Genll Court of North Carolina.

The Jurors for our Sovereign Lord the King present Magdalen Collar als Dick Collar als Coliar of the Precinct of Chowan in the County of Albemarle in the province afsd with malice prepensed by force & Armes & against the Peace of our Sovereign Lord the King that now is she did murder and privately bury and conceal the death of a Bastard Child which she brought forth and was delivered of.

-------------------- page 399 --------------------

For that the sd Madalin Collar als Dict Collard als Colliar on the four & twentieth day of Novr 1719 at night was privately delivered of a Bastard child born alive and the next morning being the five and twentieth day of Novr afsd did bury the sd Child by force & armes &c against the Peace &c and against the Royall Crown & Dignity & against the Laws & Statutes in such behalf made & provided &c

DANll RICHARDSON P Duo Rege
Billa Vera
THOs BETTERLY fforeman

To which Indictmt the sd Madalin Colliar being calld appeared in Custody at the Barr & Pleaded not Guilty & for Tryall putt herself upon the Country which is referred till tomorrow morning

Jno Relf acknowledges himself to be indebted to our Sovereign Lord the King in the sum of thirty pounds to be levyed upon his lands & tenemts goods & Chattells with condition that if the said Jno Relf shall appear here the 3d day of the next Genll Court and answer the Complaint of Mr Edmd Gale and not depart the Court untill discharged therefrom then this Recognizance to be void else to stand and be in full force

Adjourned till tomorrow morning ten a clock

ffriday April ye 1st 1720 Mett according to adjournmt Prest as before

Read the Indictmt found by the Grand Jury Yesterday agst Magdalin Colliar to which she had pleaded and being Calld appeard in Custody at the Barr. Then it was com̄anded the Marshall that he should cause to com Twelve &c by whome &c who neither &c And there came Henry Speller Henry Bonner Patrick Waule, Thos Luten Junr Thos Paris ffras Branch, Wm̄ Bonnor, Wm̄ Haughton Lewis Skinner, Wm̄ Haveth Jno ffalconar & Thos Yates who to speak the truth of and upon the premises Chosen tryed & sworne say upon their oath That she is Guilty of the murder by which she stands Indicted

Judgemt to be hangd

Then the Jurors being asked what goods & chattells the sd Magdalin Colliar had at the time she comitted the murder answered none that they knew of.

The court adjourned till tomorrow morning Ten a Clock


Satturday Apll ye 2d 1720

The Court mett according to adjournmt Prest as before

The Grand Jury present the following presentmt to the Court

Jno Blount Esqr one of the Majestrate for holding the Genll Court for the said Province Informs the Grand Jury that on or about the first day of ffebry last past & severall times after one Jeremiah Vail of the Precinct

-------------------- page 400 --------------------
of Chowan in the County of albemarle in the aforesd Province Mariner agst the Peace of Sovereign Lord the King that now is did utter and speak divers scandalous false & abusive words to & agst him being then Majestrate as abovesaid to the great scandall & discouragemt of the same Province Viz: That he had perfidiously told the Court (meaning the last Genll Court of which he was then a member & in which he then satt as a Justice & member thereof a parcell of Lyes agst him the sd Vail & that severall of the members (meaning the other Justices then sitting with him) would Testify & that the words beforesd or words to the same effect was vehemently charged on him by the sd Vail.

Thomas Betterly Informs the Grand Jury that on the 16th day of this Inst March being at the Dwelling House of Richd Grills lately Deceased Thos Bray did then & there out of a Malicious & Evil Intention with force & armes Clubbs &c did assault the sd Thos Betterly & did beat bruise & Evil Intreat & did then & there threaten to kill the said Betterley & Villify him by calling him a rogue & a rascally Justice of the Peace thereby reflecting upon the Governmt the sd Betterley being then a Justice of the Peace for the Precinct of Chowan.

Thomas Rountree Informeth the Grand Jury that upon the 10th day of ffebry last past Jams ffleming did very much approach the sd Thos Rountree of Injustice the sd Thos Rountree being then a Justice of the Peace for the Precinct of Chowan the sd Jams ffleming did say that the sd Thomas Rountree would give Judgmt any way yt he the sd Rountree had the most mind it should go lett it be right or wrong & did very much threaten and abuse the sd Rountree & did severall times Ride agst the sd Rountree as he was riding upon the Road to beat him the sd Rountree out of the Road & would not lett him the said Rountree pass quietly about his business.

Levi Cressy Informs the Grand Jury that Wm Smith Overseer of the highways from Grace Cartwrights Creek to the Wido Davis's Creek hath not mended & made the Roads according to an act of Assembly made and provided for the making mending & Repairing of Roads & Highways

Thomas Swann Informed the Jury that Jno Relf & Edwd ffaircloth Overseer of the highways from Arrouns Creek to the Indian Town over to the branch of Currytuck hath not mended & made the Roads according to an Act of Assembly made & provided for the making mending and repairing Roads Bridges or Highways

The Grand Jury presents Jno Hassell of Chowan Precinct for speaking prophane & Irreverent words to the Great Scandall of the Christian

-------------------- page 401 --------------------
Religion and to the dishonour of Almighty God himself (to-witt on March the 13th 1718

They also present Jno Hassell for cohabiting with Sarah Wilkison notwithstanding severall Orders of this Court to the Contrary.

Wm Alexander Collector of Currytuck for forgery for Endeavouring to prove the Will of Richd Sanderson Esqr late of Currytuck Decd at Currytuck afsd on or about the 29th day of July 1719

David Ambross for retailing Liquors without License at Chowan about the 28th Decr last

ffrancis Branch of Chowan Precinct for selling Rum by Retail without Licence at Chowan on or about the 18th March last

Wm Charleton Esqr Senr for being drunk yesterday & for swearing four times & cursing

Wm ffryley for being Drunk & swearing

Henry Lysle for being Drunk & swearing

Joseph Young for being Drunk & swearing & cursing the Grand Jury

Louis Monlier for swearing four oaths

Thos Swann for being Drunk

Majr Jno Plowman for being Drunk & Swearing

Jno Urmstone Missionary for being Drunk

Robert Barnes & Jno Price of Pequimans Precinct for Conveying away Charles Wilks to Evade being presented on a Presentmt agst him for Lewd Living

Martin Cromen for swearing ten oaths.

Patrick Eggerton for swearing 2 oaths

Christopher Butler for swearing one Oath.

James ffarlow for being Drunk

The Grand Jury bein askd by the Court if they had any presents further to offer answered No.

Ordered that they be Discharged

Ordered that the Attorney Genll have Copys of the Grand Jurys Presentments forthwith.

Orderd that process do issue out agst the Persons Presented by the Grand Jury so as to compell them to appear &c the 3d day of the next Genll Court, and also supena's for the Informers & Evidences to prosecute

Danll Richardson Esqr Attorney Genll comes to Prosecute an Information of the Grand Jury last Court agst John Hassell and for Insufficiency in the Indictmt the same is Quashd

-------------------- page 402 --------------------

Danll Richardson Esqr Attorney Genll comes to prosecute an information of the Grand Jury last Court agst Chas Wilks and upon Motion of the Deft by Thos Henman his Attorney the same is Contd till next Court

Danll Richardson Esqr Attorney Genll comes to prosecute an Information of the Grand Jury agst Mary Brinn And upon Motion of the sd Mary by Thos Henman her Attorney the same is contd till next Court

Danll Richardson Esqr Attorney Genll comes to prosecute an Information of the Grand Jury agst John Wyer and the sd John being since dead the same is Quashd

Danll Richardson Esqr Attorney Genll comes to prosecute an Information of the Grand Jury agst Wm Branch, for Retailing Liquors & selling victuals contrary to Law and the same not being proved agst him Ordered that he be Dismist

Danll Richardson Esqr Attorney Genll comes to prosecute an Information of the Grand Jury agst John White Senr and upon motion of the Attorney Genll the same is cond till next Court to Provide the Kings Evidence

Benjn Spivey acknowledges himselves to be Indebted to our Sovereign Lord the King in the sum of fifty Pounds to be Levy'd upon Levy'd upon his Lands & Tenemts Goods & Chattells with Condition that he appear here the 3d day of next Genll Court and answer to all such matters & things as shall be alleadged against him relating to hogstealing and not depart the Court untill discharged therefrom.

Jacob Spivey acknowledges himself to be Indebted to our Sovereign Lord the King in the sum of ffifty pounds to be Leveyed upon his Lands & Tenements goods & chattells with condition that he appear here the 3d day of the next Genll Court and Answer to all such matters & things as shall be alleadged agst him relating to hogstealing and not to depart therefrom untill discharged by the Court

Benjn & Jacob Spivy acknowledge themselves to be indebted to our Sovereign Lord the King in the sum of ffive pounds each to be levyed upon their Land & Tenements Goods & Chattells with condition that they appear here the third day of the next Genll Court & answer to the Presentmt of the Grand Jury for breaking the Sabbath and not depart the Court untill discharged therefrom

Adjourned to the 3d day of the next Genll Court

FFRD. JONES Ch. Jnst.