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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
July 28, 1724 - August 04, 1724
Volume 02, Pages 551-555


North Carolina—ss.
Att a Generall Court of Oyer & Terminer and Gaol delivery held at the Courthouse in Edenton begun on Tuesday the the twenty eighth day of July one thousand seven hundred and twenty four and continued by severall adjournments to the fourth day of August following,
Present
The Honoble Christopher Gale Esq Cheif Justice

The Commission from the Lords Proprietors to the Cheif Justice was read and also an Order of Councill appoynting Adam Cockburne & Edmund Gale Esqs to be Assistants to the said Cheif Justice in these words following vizl

-------------------- page 552 --------------------

North Carolina—ss.
At a Councill held at Edenton the ninth day of Aprill Anno Dni one thousand seven hundred & twenty four.
Present
The Honoble George Burrington Esq: Governor &c.
Christopher Gale Esq Member of the Council
John Lovick Esq Member of the Council
Edward Moseley Esq Member of the Council
Francis Foster Esq Member of the Council
John Blount Esq Member of the Council
Thomas Pollock Esq Member of the Council
Thomas Harvey Esq Member of the Council
Arthur Goffe Esq Member of the Council

Whereas the true & absolute Lords Proprietors by their Commission under their hands and Great Seale of their Province to Christopher Gale Esq: Cheif Justice have impowerd & directed the Governor and Councill to nominate & choose two persons of able skill in the Law to be assistant to the said Cheif Justice who when so appoynted are in the said Commission constituted and appoynted by the true & absolute Lords Proprietors This Board doth therefore in pursuance and according to the said Directions of the said Commission unanimously choose & name Adam Cockburne & Edmund Gale Esqs to be Assistants to the said Cheif Justice.

Signed
J. LOVICK Secry.

Whereupon the said Adam Cockburne & Edmund Gale took and subscribed the Oaths & Declarac̄on by Law appoynted for their Qualification, and the Oath in the Act entituled An Act to Provide indifferent Jurymen in all Causes Civill & Criminall, and likewise the oath for the due Execution of their Office and then took their places accordingly.

Present
Adam Cockburn Esq Assistant.
Edmund Gale Esq Assistant.

The following persons were impannelled and sworne upon the Grand Jury vizl

Capt John Palin
James Winright
Samuel Phelps
Richd Whidbee
Jona Evans
William Howett
Isaac Hill
James Castellaw
Thomas Lovick
Thomas Parris
James Macdaniell
David Bailey
Thomas Lowther
Nathaniel Hall
John Worley Junr
Francis Branch
John Norcomb
-------------------- page 553 --------------------

Who being charged with things proper for their Inquiry withdrew and considerd the severall matters given them in charge and on their returne made presentment of the following Bill of Indictment against Robert Kingham for the Murther of George Kennard

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

William Little Esq: his Majesty's Atorney Generall comes to prosecute the Bill of Indictment found by the Grand Jury agt Robert Kingham for the Murther of George Kennard in these words vizl


North Carolina—ss.

To the Honoble Christopher Gale Esq: Cheif Justice & the Assistant Judges of the Genl Court for the said Province.

The Jurors for our Sovereign Lord the King on their Oaths do present that Robert Kingham of the Bertie Precinct not having the fear of God before his eyes but being moved and seduced by the instigation of the Devil on or about the tenth day of March in the year of our Lord one thousand seven hundred & twenty three in the said precinct of Bertie by force & Armes in and upon one George Kennard in the Peace of God and our Lord the King then & there being an Assault did make and the aforesaid Robert Kingham with an Axe of the value of one shilling which the said Robert in his hands then & there had & held feloniously willfully & of malice forethought the aforesaid George Kennard in Bertie Precinct aforesaid struck & wounded & then & there the said Robert to the aforesaid George feloniously & of malice forthought did give a mortall wound in the head of the breadth of two inches & depth of one inch whereof the said George did languish & soon after vizl on the fifteenth day of the said Month did dye in the place aforesaid so the aforesaid Jurors on their Oath aforesaid do say that the said Robert on the day aforesaid in the said place the said George Kennard in manner & form aforesaid of Malice forethought feloniously & willfully did kill & murther contrary to the Peace of our Lord the King his Crown & dignity &c.

Upon which Indictment the said Robert Kingham was arraigned and upon his Arraignment pleaded (Not Guilty) and for tryall thereof putt himself upon God & his Country:

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

James Williamson
Edwd patchett
John Adderley
Edward Weston
Jonathan Bateman
William Sadler
Thomas Holloway
Robert Wallis
John Davenport
William Fryley
John Harloe
Joshua Turner
-------------------- page 554 --------------------

Who being impannelled and sworn &c Say wee of the Jury find the said Robert Kingham (Not Guilty)

Whereupon he was orderd to be discharged paying the fees accruing by this Prosecution.

A Bill of Indictment having been presented to the Grand Jury aforesaid against William Carman for the murther of Timothy Lane and being returnd to the Court here (Ignoramus) he is thereupon discharged by proclamation and may go hence without day paying Costs.

And now here at this day (vizl &c) the said John Johnston being solemnly required to surrender himself and answer to the Bill of Indictment aforsaid found agt him came not: And the Marshall having made return that proclamac̄on was made at the last Court held for pasquotank precinct as before he was required. It is therefore Orderd that further process do issue requiring him to appear &c at the next Court.

And now here at this day (vizl &c) the said John Solley having produced the aforesaid Recognizances and filed the same he is dismist without day paying Costs

Edward Wingate being bound by Recognizance to appear &c at this Court accordingly made his appearance and no body coming to prosecute he was by proclamation dischargd paying fees

Orderd that the Goods which were found in the said Wingate's house now in the hands of the Provost Marshall be deliverd to the proper Owners.

And now here at this day (vizl &c) the said George Skipper bound by Recognizance continued from last Court was discharged no body appearing to prosecute or give Evidence against him.

Luke White being brought to this Barr concerning a Counterfeit Bill by him utterd in payment on or about the sixth day of July last and upon Examinac̄on declared he beleived that he recd. the said Bill now to him produced of William Holliday for he says that he recd. two seven shills & six pence Bills of him about that time and further declared that he could neither write nor read. It is therefore Orderd that he be dismist without day paying Costs. And it is further Orderd that a Warrant do issue to apprehend the said William Holliday (if to be found) to be examined concerning the premises and to be dealt withall as the Law directs.

On the petition of Mr John Grey Forster Mason & Ralph Mason praying to be allowed for their attenda &c as Evidences for our Sovereign Lord the King against Robert Kingham; Orderd that they be paid by the said Robert Kingham for six days attendance six days travelling &

-------------------- page 555 --------------------
ferrys ten shills Each in all twenty five shills each person with Costs alias Execution

And now here at this day the said Philip Laneer alias Philander by his Attorney aforesaid to prosecute the said Complaint and the aforesaid Thomas Harding therein failed but this Court being informd that the said Negro before his being freed by the aforesaid Thomas Sparrow as sett forth in the aforesd Complaint was by Deeds now recorded in Maryland made over by the said Sparrow and assigned: And it is also suggested that at the time of making the said Deed of freedom the said Sparrow was indebted great sums of Money so that the Creditors might be thereof defrauded It is therefore Orderd that the said philander be hired to any person that will be security for his appearance at the next Court that any person pretending claim to the said negro may then appear to sett it forth: And thereupon Mr Thomas Reston appeared & offerd to pay for his service till the conclusion of the next Generall Court five pounds and also became bound to the Cheif Justice his Assistants their Heirs & successors for his appearance &c (Casualtys excepted) in the sum of one hundred pounds was was alowed by the Court

And now here at this day (vizt &c) came the aforesaid William Daniell to prosecute the aforesaid John Jones, Joseph Jones John Jornagen John Spier James Moore & William Reed but the Evidences not appearing to filed the Bills of Indictment against them Orderd that summons do issue out for such Evidences as the said William Daniell or the Attorney Genl shall require to be at the next Court to give Evidence and that the severall persons informd against be sumond then & there to appear till which time the aforesaid Recognizances are continued

C. GALE, C. J.
And then the Court Adjourned
By Order of the Cheif Justice &
his Assistants
W. Badham Clerk