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Minutes of a Special Court of Oyer and Terminer of North Carolina
North Carolina. General Court
August 14, 1722
Volume 02, Pages 476-478


North Carolina—ss.
At a Speciall Court of Oyer & Terminer held at Edenton on Queen Annes Creek on Tuesday the 14th day of August Anno Dom. one thousd seven hundred and twenty two.
Present
Christopher Gale Esqr Chief Justice
Adam Cockburne Esqr Assistant. &
Cullen Pollock Esqr Assistant.

The Order of Councill requiring the Chief Justice to call the Court for the Tryall of one John Cope a Christian Indian Man for feloniously breaking into the Lodging room of the Honble Thos Pollock Esqr President being read in these words vizl


North Carolina—ss.
At a councill held at ye Honoble the Presidents house August the 8th 1722
Present—The Honble Thomas Pollock Esqr President
Christopher Gale Esqr Lds prprietors Depty
John Lovick Esqr Lds prprietors Depty
Thos Pollock Junr Esqr Lds prprietors Depty

The Honoble President having Informed this Board that an Indian named John Cope belonging belonging to King Blounts Towne did on Saterday the fourth past in the night feloniously break into his Lodging Room which this Board having Considerd of Do hereby order that the Chief Justice do on Tuesday the fourteenth Instant call a Speciall Court of Oyer & Terminer for the Tryall of the said Indian and that a copy of this Order signed by the President under the Colonys Seale and Counter Signed by the Secretary shall be a sufficient authority to the said Chief Justice for his holding the said Court

THO. POLLOCK
By Order of the President and Councill.
J. Lovick Secry.
-------------------- page 477 --------------------

Then the following persons were Impannelled and Sworne upon the Grand Jury Vizl

Majr Thomas Luton fforeman
Collo Robert West
Mr David Henderson
David Hicks
John Herring
John Williams
James Castellaw
John Holbrook
Martin ffred. Razor
Isaac Hill
Rob Hicks
Henry Bonner
ffrancis Branch
Thomas Hopkins
Jeremiah Vaile
James ffarloe
John Jorden
Samuel Patchett
Thomas Yates
& John Jones Senr

Who being chargd with the fact Comitted as in the Order aforesaid for their Inquiry withdrew and upon their Returne made presentment of the following Bill Vizl


North Carolina—ss.

To the Honoble Christopher Gale Esqr Cheif Justice & the rest of the Justices for holding a Speciall Court of Oyer & Terminer for this Province.

The Jurors for our Sovereign Lord the King that now is upon their Oathes present That John Cope a Christian Indian belonging to King Blounts Towne in this Province the fourth of this Instant August by force & Armes Burglary did com̄itt by feloniously & Burglariously breaking & entering into the Mansion house of the Honoble Collonell Thomas Pollock Esqr President of this Province at Chowan in the County of Albemarle: in the night Vizt before Sun rising of the same day the said Colonell Thomas Pollock in the same House in the Peace of God and our said Lord the King then being against the Peace of our said Lord the King his Crowne & Dignity

DANl RICHARDSON P Duo Rege

Upon which Indictment the said John Cope was Arraigned and upon his Arraignment pleaded Not Guilty and for tryall thereof putt himself upon God and the Country

Whereupon the Marshall was Comanded to cause to come twelve &c by whom &c who neither &c and there came Vizl

Edward Wingate
Richard Willson
William Coward
Constant Luton
William Egerton
John White Junr
Thomas Jones
Thomas Luton
Edward Cockrill
Edward Howcott
Thomas Ashley
John Jones
-------------------- page 478 --------------------

Who being Impannelled and Sworne &c say Wee of the Jury find the said John Cope Not Guilty

Whereupon he is Orderd to be discharged after paying the Costs accrying by this Prosecution

And then the Court Adjourned

C. GALE C. J.
By Order of the Ch: Justice
and his assistants
W. Badham Clk