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Colonial and State Records of North Carolina
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Minutes of the General Court of North Carolina
North Carolina. General Court
March 27, 1722 - April 07, 1722
Volume 02, Pages 463-473

[From General Court Records.]

North Carolina—ss.
Att a Genl Court of Oyer and Terminer and Gaol Delivery held at the Court House in Edenton on Tuesday the 27th day of March and continued by severall adjournments till Saturday the 7th day of Aprill 1722
Present
Christopher Gale Esqr Cheif Justice
John Blount Esqr Assistant.
John Palin Esqr Assistant.
John Worley Esqr Assistant.
Edmd Gale Esqr Assistant.
Adam Cockburn Esqr Assistant.
Henry Clayton Esqr Assistant.
John Solly Esqr Assistant.
John Cotton Esqr Assistant.

The following persons were Impannelld and sworne upon the Grand Jury Vizl

Capt Nicholas Crispe fforeman
Capt John Alston
Mr Thos Blitchenden
Mr John Crispe
Mr Wm Charleton Senr
Mr Samll Bernard
Mr James Williamson
Mr Thomas Luton Junr
Mr Macororo Scarborough
Mr Wm Willson
Mr Paul Phillips
Mr Joseph Spruill
Mr John Pettiver
Mr Wm Howett
Capt Saml Patchett
Mr Joshua Turner
Mr Joseph Jessop.

Who being charged by the Cheif Justice with things proper for their Inquiry withdrew and considered ye severall matters given them in charge and on their Returne made presentment of the following Bills Viz.

A bill of Indictment agst Patrick Callihan for the murder of Henry Davis.

A Bill of Indictment agst Chas Williamson and Willm Maccoy for the Murder of Salmon Burges

-------------------- page 464 --------------------

A Bill of Indictment agst Wm Maccoy for ye murder of John Palmer.

A Bill of Indictment agst Patrick Callihan for an Escape

and then the Grand Jury was discharged from further service att this Court.

Danll Richardson Esqr his Majties Attorney Genll came to prosecute the Bill of Indictment agst Patrick Callihan for the Murder of Henry Davis (in hac verba) Vizl

The Jurors for our Sovereign Lord the King Presents that Patrick Callihan late of Curratuck Precinct in ye County of Albemarle Planter not having the fear of God before his Eyes but being moved and Seduced by the Instigation of the Devill on the one and twentieth day of August in the year of our Lord one thousand seven hundred and twenty one at Curratuck aforesd in & upon one Henry Davis in the Peace of God and our Lord the King then and there being by force & Armes an assault did make and the sd Henry Davis did beat cutt & bruise by giving and striking him two Mortall blows and cutts on the head with a certain weapon called a Cymeter or Cuttlash of the value of one shilling and so voluntarily feloniously & of malice forethought the sd Henry Davis at Curratuck aforesaid beat cutt and wounded particularly on or about his head in such violent that of the said Mortall blows Cutts & wounds he pined & languished untill the five and Twentieth day of the same Month and on the five and twentieth day of the same Month of August at Curratuck of the aforesaid beating cutting and wounding did die and so the said Jurors on their Oaths do say that the aforesaid Patrick Callihan on the aforesd five & twentieth day of August at Curratuck aforesd in manner & form as aforesd & of malice forethought did feloniously & willfully kill & murder contrary to the Peace of our Sovereign Lord the King that now is his Royall Crown & dignity &c.

DANll RICHARDSON pro Duo Rge.

Upon which Indictment the said Patrick Callihan was arraigned and upon his arraignment pleaded Not Guilty and for tryall thereof putt himself putt himself upon God and the Country.

Whereupon the Marshall was com̄anded to cause to come twelve &c by whom &c who neither &c and there came, viz

Henry Bonner
William Bonner
ffrancis Branch
Jacob Blount
Wm Haughton.
Thos Yates
and
Edward Wingate
Constance Luton
Edward Patchett
William Yates
Richard Willson
Willm Alden.

Who being Impannelled and sworn say

-------------------- page 465 --------------------

Wee of the Jury find Patrick Callihan is guilty of Manslaughter.

then the sd Callihan being asked if he had any thing to say why sentence should not pass agst him as the Law in that case had provided and he offering nothing in avoydance thereof

Whereupon it is considerd and adjudgd that the sd Callihan be burnt in the hand with the letter (M) that he forfeit all his goods & Chattells for ever and the profits of his Lands for a year and a day also that he become bound by Recognizance in the sum of two hundred pounds wth two sureties in an hundred pounds each for his good behaviour for a year and a day and that he remain in the Marshalls custody till he has given such security and paid the accruing Costs. Memorandm yt that part of the Sentence of burning in the hand was Executed upon ye sd Callihan in open Court, And then it was further Ordered That the Provost Marshall doe seize and take into his Custody all the personall estate of the said Callihan wherever to be found in this Governmt and that he out of the said estate doe pay all the accruing costs occasiond by his prosecution and apprehension as farr as his goods will amount. And that he pay the remainder (if any) to the Receiver Genl to the use of the Lords Proprietors as Grantees from the Crowne.

Danl Richardson Esqr his Majties Attorney Genl came to prosecute the Bill of Indictment found by the Grand Jury agst Wm Maccoy for the Murder of John Palmer (in hac verba) vizl


No Carolina—ss.

To the Honble Christophr Gale Esqr Cheif Justice of this Province & to ye rest of the Justices for ye holding Genll Court thereof

The Jurors for our Sovereign Lord the King upon their Oaths present that William Maccoy late of Curratuck Precinct in the County of Albemarle & Province aforesd not having ye fear of God before his eyes but stired up and seduced by ye Instigation of ye Devil on the eighth day of December Anno Dom one thousd seven hundred twenty one at Curratuck aforesd by force & Armes in and upon one John Palmer in ye Peace of God & our Lord the King then & there being an assault did make and the said John Palmer did violently beat, bruise and wound with Clubbs sticks Staves & other weapons & so Voluntarily feloniously & of Malice forthought ye sd John Palmer at Couratuck aforesaid did beat bruise & wound in such violent manner that of the aforesaid Mortall blows bruises & wounds he pined & languished untill ye eighteenth day of ye same Month of December and on ye eighteenth of December aforesaid

-------------------- page 466 --------------------
at Curatuck aforesaid of the aforesd Mortall beating, bruising and wounding did die & soe the aforesd Jurors on their Oathes do say yt ye aforesaid Wm Maccoy on ye aforesaid Eighteenth day of December at Curratuck aforesaid ye said John Palmer in manner & form & form as aforesaid and of malice forethought feloniously & willfully did kill & murder contrary to the Peace of our sd Sovereign Lord the King that now is his Crown & Dignity &c

DANll RICHARDSON P Duo Rege.

Upon which Indictment the said William Maccoy was Arraigned and upon his Arraignment pleaded not Guilty and for tryall thereof putt himself upon God and the Country

Whereupon the Marshall was com̄anded to cause to come twelve &c by whom &c who neither &c and there came viz.

Henry Bonner
William Bonner
Jacob Blount
Wm Haughton
&
Thos Yates
Constance Luton
Edward Patchett
Edward Wingate
&
William Alden
Samuel Warner
Edward Standen
William Charleton Junr

Who being Impannelld and sworn say

That the said William Maccoy is not Guilty of the felony & murder whereof he stood Indicted. Danl Richardson Esqr his Majties Attorney Genll came to prosecute the Bill of Indictment found by ye Grand Jury agst Charles Williamson & William Maccoy for the murder of Salmon Burges (in hac verba) Viz.


No Carolina—ss.

To the Honble Christopher Gale Esqr Cheif Justice for this Province & to the rest of ye Justices for holding the Genl Court thereof

The Jurors of our Sovereign Lord the King upon their Oaths prsent That Charles Williamson late of Princess Anne County in ye province of Virginia and William Maccoy late of Curratuck prcinct in ye County of Albemarle in this Province of North Carolina not having the fear of God before their Eyes but stirred up & seduced by ye Instigation of the Devil on the eight day of December Anno Dom one Thousand seven hundred twenty & one at Curratuck aforesaid by force & Armes in & upon one Salmon Burges late of Curratuck aforesaid in the peace of God & our Lord the King then & there being an Assault did make & ye sd Salmon Burges did beat bruise & wound with Clubbs sticks staves & other weapons and so voluntarily feloniously & of malice forethought the said Salmon Burges at Curratuck aforesaid did beat bruise & wound in such violent manner that of the aforesaid blows bruises and wounds he pined

-------------------- page 467 --------------------
& languished untill ye three & twentieth day of the same month of December. And on the said three & twentieth day of December at Curratuck aforesaid of the aforesaid mortall beating bruising & wounding did die and so the aforesd Jurors on their Oaths do say that ye aforesd Charles Williamson & Wm Maccoy on ye aforesd three & twentieth day of December at Curratuck aforesaid ye sd Salmon Burges in manner & form as aforesaid & of Malice forethought feloniously & willfully did kill & murder Contrary to the Peace of our said Sovereign Lord the King that now is his Royall Crown Dignity &c.

DANl RICHARDSON P Duo Rege

Upon which Indictment they were Arraigned & upon their Arraignment severally pleaded Not Guilty & for Tryall thereof putt themselves upon God and the Country.

Whereupon the Marshall was com̄anded to cause to come twelve &c by whom &c who neither &c. and there came, Vizt

Henry Bonner
Willm Bonner
Jacob Blount
Willm Haughton
Thos Yates
Constance Luton
Edward Wingate
Edward Patchett
William Alden
Saml Warner
Edward Standen
William Charleton.

Who being Impanelld & Sworne say

That the said Charles Williamson & William Maccoy are not Guilty of the ffelony whereof they stood Indicted.

It is therefore considered by the Court that the said Charles Williamson do give security for his good behaviour for a year and a day himself in the sum of one hundred pounds with two sureties in the sum of fifty Pounds each & that he continue in the Marshall's custody till he has given such security and paid all the costs accruing by this prosecution

Likewise that William Maccoy do give security for his good behaviour for a year and a day himself in the sum of two hundred Pounds with two sureties in the sum of one hundred pounds each and that he continue in the Marshalls Custody till he have given such Security & paid all the Costs accruing by this Prosecution

And then the said William Maccoy acknowledged himself to be indebted to our Sovereign Lord the King his heirs & successors in the sum of two hundred Pounds & Dennis Ryorden & Danl Guthrie both of the Precinct of Curratuck plantrs in the sum of one hundred Pounds each to be levyed on their severall Goods & Chattells, Lands & Tenement &c

-------------------- page 468 --------------------

With condition that if the said William Maccoy shall doe well and truly behave himselfe towards his Majtie and all his leige people for a year and day then the above Recognizance to be voyd otherwise to be and remain in full force & Vertue

Danl Richardson Esqr his Majties Attorney Genll came to prosecute the Bill of Indictment found by the Grand Jury agst Patrick Callihan for an Escape (in hac verba) Vizl


North Carolina—ss.

To the Honble Christopher Gale Esqr Cheif Justice of this Province & to ye rest of the Justices for holdn ye Genl Court there

The jurors for our Sovereign Lord the King upon their oaths present that Patrick Callihan late of Curratuck prcinct in the County of Albemarle Planter was arrested for the murder of Henry Davis late of the same precinct and afterwards vizl the sixth day of August Anno Dom. one thousand seven hundred & twenty one at pasquotank precinct in the same County by John ffurry Esqr Justice of our said Lord the King for keeping the Peace in the precinct of Pasquotank & County aforesaid was com̄itted into the Custody of Majr Thos Harvey then Provost Marshl for the said County of Albemarle & having in his Custody the aforesaid Patrick Callihan for the Murder aforesd within a very short time after his said Com̄ittment by force & Armes out of the Custody of the said Majr Thomas Harvey & agst the will & knowledge of the sd Thomas Harvey feloniously did gett & goe & from him did escape and fly out of the view & sight of the said Thomas Harvey agst the Peace of our Sovereign Lord the King that now is his Royall Crown & Dignity &c.

DANl RICHARDSON P Duo Rege.

Upon which Indictment the said Patrick Callihan was Arraigned & upon his Arraignment pleaded not Guilty but being a second time called to the Barr in order to his Tryall he prayed leave to withdraw his plea which being Granted him he then Pleaded Guilty as to the escape & humbly moved the Court that he might be heard by his Councill as to the ffelony And the same being argued by his Councill & likwise by the Attorney Genl on behalf of the King. The Court here is of Opinion that he is Guilty of Misdemeanour only.

Whereupon it was Considerd, and Sentence was Pronounced that he should be publickly whip't and receive nineteen lashes on his bare back well laid on

Mathew Bryant being brought into Court for stealing a Lamb belonging to Thomas Mathews confessed the same And he appearing to have

-------------------- page 469 --------------------
been so very drunk at the time of the ffact comitted as to be scarce capable of knowing what he did (and being very aged) It is considerd by the Court that he be carryed hence to ye publick whipping Post & have his hands putt in the Billows and that afterwards he be sett in the stocks for being drunk

John Hairbottle being bound by recognizance in the sum of one hundred pound sterling to appear & give Evidence in behalfe of our Sovereign Lord the King agst Wm Maccoy for the murder of John Palmer being solemnly calld came not. It is therefore Orderd that a Scire facias do issue out commanding him to appear at our next Court to show cause (if any he has) why the said Recognizance should not be declared fforffeited

William ffryley being brought before this Court for feloniously stealing from one Edward Murray one pair of Mittens to the value of tenpence came and acknowledged himself to be indebted to our Sovereign Lord the King his heirs & successors in the sum of twenty pounds & Edwd Wingate and cornelius Harnett in the sum of Ten pounds each to be levyed on their severall Goods & Chattells Lands & Tenements &c With Condition that if the said William ffryley shall make his personall appearance at the next Genl Court to be held for this Province to answer to the Complaint of Edward Murray for the said ffelony and do not depart ye Court till he is lawfully discharged then this Recogniza to be voyd or else to remain in full force &c.

George Caverly an Evidence for our Sovereign Lord the King against William ffryley bound by Recognizance in the sum of Twenty Pounds to appear at this Court & being solemnly called came not. It is therefore Orderd that a Scire facias do issue out com̄anding him to appear att the next Court & shew cause if any he has why the said Recognizance should not be declared fforfeited

Christopher Butler being bound by Recognizance to appear at this Court for Breach of the Peace & Scandalous Speeches utterd agst the late Governr & other Publick Officers of this Government made his appearance & presented to ye Court an humble Petition wherein he submitted himself to the mercy of the Court which being Considerd and the Court having given him a very severe Reprimand he is dismist without day paying costs

John Man being bound by Bond to appear at this Court on Suspition of having harbourd & Concealed one Patrick Callihan who had made his Escape from the Provost Marshall to whose Custody he was Com̄itted for ye Murder of one Henry Davis made his appearance but noe person

-------------------- page 470 --------------------
appearing to prosecute or give Evidence to make good the Charge against him he is dismist without day paying Costs.

On the motion of Joseph Spruill Overseer of ye Roads on the South Shore touching the Roads on that shore it is Orderd that all persons work in their Separate Districts as was formerly Orderd by this Court in October in the year of our Lord one thousd seven hundred & sixteen.

Thomas Spivey, Abraham Spivey, Benjn Spivey & Jacob Spivey being bound by Recognizance to appear at this Court to answer to severall prsentments made agst them by the Grand Jury at October Court one thousand seven hundred & nineteen for Hogstealing and Breach of the Sabbath which sd Presentments were put into form at October Court one thosd seven hundred & twenty one being severally calld to answer the same made their appearance but noe person appearing to prosecute or give Evidence to make good the charge against them they are dismist without day paying Costs

John Hassell bound by Recognizance to appear at this Court upon his Conviction for Scandalous words &c and having these following reasons in arrest of Judgement Vizt

That the words laid in the Indictment & supposed to be spoken by the said John were not prosecuted within six months after the speaking the same words According to the Act of Limitation nor was it prosecuted within the space of ten dayes occording to the form & effect of an Act for observing the Lords day And for the suppressing of Immorality & the prophanation of Gods name & Word &c. for wch Manifest Error the said John prays that ye aforesaid Indictment & verdict may be Quashed & sett aside &c.

JOHN HASSELL

Which reasons being overuld the Court pasd the following Sentence vizt that he should receive thirty nine lashes on his bare back & that he should give Security in the sum of ffiffty Pounds for his good behaviour a year & a day & remaine in the Marshalls Custody till he doe give such Security

And the said John Hassell acknowledged himself indebted to our Sovereign Lord the King his heirs & successors in the sum of Twenty Pounds & Thomas Yates Thomas Mathews & William Yates in the sum of ten pounds each to be levyed on their severall Goods & Chattells Lands & Tenements &c

With Condition that if the said John Hassell shall & doe well & truly behave himself towards his Majtie and all his leige People for a year & a day then the above Recognizance to be voyed otherwise to stand & remaine in full force & Virtue.

-------------------- page 471 --------------------

William Alexander being bound by Recognizance to appear at this Court to answer an Indictment found against him by the Grand Jury for fforgery made his appearance & noe person appearing to prosecute or give evidence to make good the charge against him he was dishargd by Proclamation & dismist without day paying Costs

Paul Palmer & Joanna his wife being bound by Recognizance to appear at this Court to answer an Indictment of the Grand Jury for being Accessories to a ffelony comitted by one Sambo a negro man slave belonging to one Capt Nicho Crispe made their appearance and noe person appearing to prosecute or give Evidence to make good the charge against them they were dismist without day paying costs.

Paul Palmer bound by Recognizance to appear at this Court to make good his reasons offerd in arrest of Judgemt upon his conviction for misdemeanour at July Court one thousd seven hundred & twenty-one made his appearance upon which Daniel Richardson Esqr Attorney Genl in behalf of the King came & confesst that ye Misdemeanour aforesd against the aforesd Palmer he would not Prosecute any further. Wherefore the said Palmer is Dismist without day paying costs

Joanna Palmer bound by Recognizance to appear at this Court & answer an Indictment found against her by the Grand Jury at October Court one thousand seven hundred & twenty for a Rescue of a negro man out the hands of the Constable made her appearance and no person appering to prosecute or give Evidence to make good the charge against her she was dismist without day paying costs

Edward Howcott bound by Recognizance to appear at this Court & an Indictmt found agst him by the Grand Jury at March Court one thousand seven hundred & twenty one for the Assaulting beating & Bruising one Aaron Oliver made his appearance but ys said Oliver not appearing to prosecute nor any other persons to give Evidences on behalf of our Sovereign Lord the King he was dismist without day paying costs

William Norris bound by Recognizance to appear at this Court to answer an Indictmt found agst him by the Grand Jury for fforging a Deed from Alice and John Billet to Saml Wilson made his appearance and no person appearing to prosecute or give Evidence to make Good the charge against him he was dischargd by Proclamation & dismist without day paying Costs

George Griffin bound by Bond to appear at this Court to answer to severall matters of Misdemeanour alleged to be comitted by him agst the Peace &c made his appearance and submitted himself to the Court & severall persons appearing & speaking in his favour. It is Considerd by the Court & Orderd to be dismist without day paying Costs.

-------------------- page 472 --------------------

Mary Haughton sumoned to appear at this Court to answer a presentmt of the Grand Jury for Adultery: who appeared by William Haughton her husband & upon Petition of the said William the payment of the fine of five Pounds due from her for the said offence is suspended during the lifetime of the said William.


North Carolina—ss.

At a Councill held at Edenton April the fifth 1722
Present the Honble Thomas Pollock Esqr President &c
William Reed Esqr Lords Deputy
Richd Sanderson Esqr Lords Deputy
Christophr Gale Esqr Lords Deputy
John Lovick Esqr Lords Deputy
Thos Pollock Junr Esqr Lords Deputy

Collo Fredrick Jones having been Orderd to appear before this Board this day by Ten a clock upon the Petition of John Walker &c which he not complying with, nor sending any satisfactory message:

It's the Opinion of this Board that the money lodged in the said Collo ffredk Jones hands late Cheif Justice for the appearance of Robert Atkins and Daniel Mackdaniel at the Genl Court ought to have been deliverd to the present Cheif Justice with the Genl Court Papers & Records

Orderd that the said Collo ffredrick Jones late Cheif Justice doe immediately pay to Christopher Gale Cheif Justice or his Order whatever moneys he has in his hands lodged as aforesaid for the security of the appearance of the said Robert Atkins and Daniel Mackdaniel at the genl Court and for so doing this shall be his Warrant and in case of failure hereof the Attorney Genl is hereby Orderd to take proper measures for the recovery thereof

A Copy

J. LOVICK Secry

To which Order Collo ffred Jones Answerd that he would not deliver the money therein mentiond but to whom he should think fitt and as for the Kings Attorney he might take what measures he pleases for he shall take noe Notice thereof

Test THOMAS HARVEY Provost Marshll &c.

Upon motion of Daniel Richardson Esqr Attorney Genl made in obedience to the foregoing Order of Councill

Orderd that a Scire ffacias do issue out thereby requiring the aforementiond ffredrick Jones Esqr to be and appear att the next Genll Court to

-------------------- page 473 --------------------
be held for this Governmt at the Court House in Edenton on Queen Annes Creek the last Tuesday in July next then & there to render an Accot upon Oath what money he rec̄d from Robert Atkins and Daniel Mackdaniel aforesaid as security for their appearance &c to answer &c as by Recognizance Dated the sixteenth day of June 1720 doth appear and likewise to shew cause (if any he has) why the money so rec̄d by him as Cheif Justice is by him detained and refused to be deliverd in disobedience to the aforementiond Order of Councill &c.

and then

Adjourned to the next Court in Course

C. GALE Ch. Just.
Test
W. Badham Clk.