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 30, 1725 - April 07, 1725
Volume 02, Pages 585-590

[From Records of General Court.]

North Carolina—ss.
Att a Generall Court of Oyer & Terminer and Gaol Delivery held at the Courthouse in Edenton begun on Tuesday the thirtyth day of March one thousand seven hundred and twenty five and Continued by severall Adjournments till the seventh day of Aprill following.
Present
Thomas Pollock Esq Cheif Justice
William Downing Assistant
Robert Lloyd Assistant
Isaac Hill Assistant

The following persons were Impannelled and sworn upon the Grand Jury vizl

Mr Joseph Jessop
Mr Griffith Jones
Mr ffrancis Pugh
Mr Henry Bonner
Mr Thomas Betterly
Mr John Crisp
Mr William Williams
Charles Denham
Jamuel Phelps
William Lattimer
Barabe McKinne
John Rickard
John Bryan
Mackrorey Scarbro
John Edwards
Joseph Spruill
Cornelius Harnett
Richard Whidbee
Martin ffrank
Jacob Blount
Joshua Turner

Who being charged with things proper for their Enquiry withdraw.

William Charlton Junr being presented by the Grand Jury the last Court for assaulting beating and Grevously wounding Thomas Hoath and no Process being issued for his appearance to answer the same

Orderd that the Order of the last Court be Continued

And now here at this day Thomas Ball being Solemnly required came not and no Process being Issued according to the last Courts Order

Orderd that a nother Scire facias do issue for his Appearance at the next Court.

And now here at this day came the aforesayd Peter Johnson & Ann his wife and Mr Attorney General Informing the Court that he knew not of further Evidence for the King

-------------------- page 586 --------------------

Order'd that they be discharged paying Costs.

Information being made by William Daniel against John Jones Joseph Jones and John Jornagen for retailing Liquors without Lycence. Upon motion of Thomas Boyd Esq: Attorney Genl is Continued till ye next Court for further Evidence.

Patrick Ogilby being bound by Recognizance to Appear at this Court made his Appearance accordingly and is Dismist without day Paying Costs

A fforgd Bill of this Province said to be utter'd by James Speers being exhibitted by the Precinct Court of Bertie into this Court

Order'd that process issue against the said Speers for his appearance here at the next Court &c.

David Vincent being bound by Recognizance to appear at the Precinct Court of Bertie and failing to appear according to the same Recognizance which being return'd to this Court Order'd that a Scire facias issue for the sayd David Vincent to Appear at the next Court to Shew Cause why he did not appear on his Recognizance &c and to secure of the Goods & Chattells of the sayd David Vincent if to be found sufficient to satisfy what shall be adjudged against him for failing to appear on his Recognizance

A Publick Bill of this Province of twenty shillings and a nother of seven shills & six pence fforged being Order'd by the Precinct Court of Bertie into the hands of Mr Attorney General Delivered the same into this Court.

Orderd that they remain in the hands of the Clerk of this Court in Order to be deliver'd to the General Assembly.

To the Honoble Thomas Pollock Esq Ch: Justice and to the rest of the Justices for holding the General Court of this Province.

The Jurors for our Sovereign Lord the King upon their Oaths do Present that Edward Howard of Bertie Precinct in the County of Albemarle and Province of North Carolina not having the ffear of God before his eyes but Deceitfully Contriving to beguile the sayd the Kings Subjects of this Province on or about the Ninth day of November in the Eleventh year of the Reign of our Sovereign Lord King George &c at the Precinct of Bertie in the County of Albemarle and Province of North Carolina. one Certain Publick Bill of Creditt of Current Money of this Province (to witt) a Publick Bill of Creditt of two shillings of Current money of this Province to reach mention and Come near to the likeness of a Publick Bill of Creditt of twenty Shillings Current money of this

-------------------- page 587 --------------------
Province ffelloniously he Caused and Counterfeited and for the Lucre of false gain on or about the same ninth day of Novembr in the year of our said Sovereign Lord King George &c the Eleventh the aforesayd Edward Howard the aforesayd false Counterfeit Bill of twenty shillings well knowing the same twenty shilling Bill to be false and Counterfeit at the aforesayd Precinct of Bertie in the County of Albemarle as a good and Publick Bill of Creditt of twenty shillings Current Money of this Province did ffelloniously utter & dispose of to a subject of our said Lord the King in Great Contempt of an Act of Assembly of this Province in that Case made and Provided in Evil example to the Kings Subjects and also against the Peace of our said Sovereign Lord the King his Crown & Dignity &c.

THOMAS BOYD
Attorney Generall.

Upon which Indictment the sayd Edward Howard was Arreignd and upon his Arreignment pleaded (Not Guilty) and for tryall thereof put himself upon God and Country Whereupon the Marshall was comanded to cause to come twelve &c by whom &c who to neither &c and there came (vizt) Joseph Sanderson Willm̄ Benbury. Mathew Adams William Swinston Thomas Jones John Rasberry William Yates ffrancis McClenden Charles Ricketts Ross Bell Edward Moore William Parker. Who being Impannelled and sworne &c say Wee of the Jury find the sayd Edward Howard (Not Guilty)

Whereupon he was Orderd to be Discharged paying the fees Accruing by this Prosecution. Orderd that the twenty shilling Bill be Lodged in the Office for farther Evidence against John Williams

To the Honoble Thomas Pollock Esq: Cheif Justice and to the rest of the Justices for holding the General Court of this Province

The Jurors for our Sovereign Lord the King upon their Oaths do Present that John Williams of Bertie Precinct in the County of Albemarle in the Province of North Carolina Planter not having the fear of God before his Eyes the sayd Lord the Kings good and faithfull Subjects of this Province Contriving to Deceive and Cozen and for the Lucre of false Gain on or about the tenth day of November in the Eleventh year of the Reigne of our Sovereign Lord King George of Great Brittain &c at the Precinct of Bertie in the County of Albemarle and Province of North Carolina one certain Counterfeit Bill Mentioning and Expressing to be a Publick Bill of Creditt of twenty shillings Current money of this Province and well knowing the same twenty shillings Bill to be a Counterfeit Bill then & there at the day and Place aforesayd

-------------------- page 588 --------------------
did ffelloniously utter and Dispose of the same Counterfeit Bill to a Good and ffaithfull subject of our said Lord the King & for a good and Publick Bill of Creditt of twenty shillings Current Money of this Province in Contempt of an Act of Assembly of this Province in that Case made and Provided In Evil Example of the Kings Subjects and also against the Peace of our Sovereigne Lord the King his Crown and Dignity

THOMAS BOYD P Dom Rege

To which Indictment the sayd John Williams being called to answer appeared And there not appearing not sufficient Evidence Upon Motion of Mr Attorney Generall Orderd that he continue in Custody till the next General Court for Evidence on behalf of our Sovereign Lord the King.

And the said John Williams acknowledged himself indebted to our Sovereign Lord the King in the sum of five hundred pounds and James Castellaw and ffrancis Pugh in the sum of two hundred and fifty Pounds each to be Levyed upon their severall Lands & Tenements Goods & Chattells with Condition that the sayd John Williams do personally appear here the third day of the general Court and prosecute his Traverse to the Indictment found against by the Grand Jury with effect and not depart the Court untill Discharged therefrom and that in the mean time he be of his good behaviour then this Recognizance to be Voyd Else to be and remaine full force.

Upon Motion of the Attorney Genl Orderd that Process issue against Charles Jones for his Appearance &c to answer such matters as shall be alleadged against him for Hoggstealing

To the Honoble Thomas Pollock Esq cheif Justice and to the rest of the Justices for holding the Genl Court of this Province.

The Jurors for our Sovereign Lord the King on their Oaths do present that John McCormack, Bartholemew McGowen Labourers and Susana McGowen wife of the said Bartholemew Spinster all late of Craven Precinct in Bath County in the Province of North Carolina on the eleventh day of January in the year of our Lord one thousand seven hundred and twenty four in the Eleventh year of the Reign of our Sovereign Lord King George &c by force & Armes &c at Newbern Town in the Precinct of Craven aforesayd one certain Gun ten pounds weight of Gun Powder ten pounds of shott six pounds of Muskett Bulletts two peices of Gold seven suits of Lased and Plain dinners two plain Capps three Silk Handkercheifs three white Handkercheifs one Silver Buckell three

-------------------- page 589 --------------------
Gowns and three Pettycoats four shifts four yards Broad Lace one Payr Stays three linen aprons two blew aprons One Muslin head two small Holland shirts two Dimety Jacketts one pack of Cards two pair Cheque Linen Britches one Pair Ozenbriggs Britches one white Jackett three Garlix Shirts one Cheque Lining Shirt two Knives and fforks a Silk Apron bound with Silver Lace one fann two ounces fine thread half a Pound Brown thread one silk Lace some Ribbands one Ivory comb three Bonnets half a Yard of Calico Some Wollen Yarn some Buttons of Spunn Cotten half thousand of needles one thousand Pinns all of the value of ffifty Pounds Current Money of the Proper Goods and Chattells of Caleb Metcalfe, of Newbern Town aforesayd and also one forty shillings Bill and one ten shillings Bill of the Publick Bills of Creditt of this Province belonging to the sayd Caleb Metcalf they the aforesayd John McCormack Bartholemew McGowen and Susanna McGowen at Newburn Town aforesayd then and there being did feloniously take steal and carry away—and also one Pair Large Silver Spurrs one Holland Shirt of the goods and Chattells of Robert Atkins late of Newburn Town aforesayd of the value of ffour Pounds Sterling in the dwelling house of the sayd Caleb Mettcalf in Newburn Town aforesayd then and there being they the sayd John McCormack Bartholemew McGowan and Susanna McGowan did ffeloniously take steal and carry away Contrary to the Peace of our Sayd Sovereign Lord the King that now is his Crown & Dignity

THOMAS BOYD Attorney Generall.

Upon which Indictment the sayed John McCormack Bartholemew McGowan and Susanna McGowan was Arreigned and upon their Arreignment pleaded Not Guilty. And for tryall thereof put themselves upon God and Country. Whereupon the Marshall was Comanded to cause to come twelve &c by whom &c who to neither &c and there came Joseph Sanderson William Benbury Mathew Adams William Swinson Thomas Jones John Rasberry William Yates ffrancis McClenden Charles Ricketts Ross Bell Edward Moore William Parker Who being Impannelled and Sworn say Wee of the Jury do find the Prisoners at the Barr severally Guilty of Petty Larceny goods to the value of ffour shills and eleven pence then the sayd Prisoners being asked if they had anything to say why Sentence should not pass against them as the Law in that case hath provided And they offer'd nothing in avoydance thereof It is therefore Considered that they the sayd John McCormack Bartholemew McGowan Susanna McGowan at the Whipping Post shall receive thirty nine Lashes each on their bare Backs And also that they pay all fees and Costw accruing by Reason of their Prosecution.

-------------------- page 590 --------------------

To the Honoble Thomas Pollock Esq Cheif Justice & the rest of the Justices for holding the Genl Court for this Province.

The Jurors for our Sovereign Lord the King upon their Oaths do present that Thomas Cook of Chowan Precinct in Albemarle County in the Province aforesd Bricklayer on the twenty second day of November in the Year one thousand seven hundred and twenty four in the eleventh year of the Reigne of our Sovereign Lord King George &c at Edenton in the Precinct of Chowan aforesayd by force & Armes did beat Batter and otherwise abuse one Christian Heidleberg then then and there a Depty Marshall for the Precinct of Chowan aforesayd in the County of Albemarle in the Execution of his sayd office and other Enormitys to him the sayd Christian Heidelberg did then and there offer and do with like force & armes against and in great Contempt of an Act of Assembly of this Province in that case made and Provided and against the Peace of our Sovereign Lord the King his Crown & Dignity &c.

THOMAS BOYD Attorney Generall.

To which Indictment the said Thomas Cook pleaded Not Guilty and the sayd Thomas Cook acknowledged himself indebted to our Sovereigne Lord the King in the sum of fforty pounds and John Ricard and Nathaniel Hall in the sum of Twenty pounds each to be Levyed upon their severall Lands & Tenements good and Chattells with Condition that the said Thomas Cook do personally appear here the third day of the next Generall Court and Prosecute his Traverse found against him by the Grand Jury with Effect & not depart the Court untill Discharged therefrom and that in the mean time he be of his good behaviour then this Recognizance to be Voyd Else to be and remain in full force and Virtue

A Bill of Indictment being presented to the Grand Jury aforesayd against John Perkins for ffeloniously entring into the House of Williams Stephens of Pasquotank Precinct and taking and carrying away divers Goods of the sayd William Stephens Returned to the Court here (Ignoramus) he is therefore Discharged by Proclamation and May go hence without Day Paying Costs

Henry Clayton Gent and William Little Esqr being called to answer an Indictment found against them by the Grand Jury to which they pleaded (Not Guilty) Mov'd to the Court and Prayed Leave to withdraw their Plea and Submitted themselves to the Court.

It is therefore Consider'd and Order'd that the sayd Henry Clayton and William Little be Dismist Paying Costs Accruing by this Prosecution.

And then the Court adjourned

T. POLLOCK C. J.