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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 27, 1725 - August 02, 1725
Volume 02, Pages 591-596

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North Carolina—ss.
At a Generall Court of Oyer and Terminer and Gaol Delivery held at the Courthouse in Edenton begun on Tuesday the twenty seventh day of July one thousand seven hundred & twenty five and continued by severall adjournmts to the Second of August following.

Present Christopher Gale Esq: Cheif Justice
Edmund Gale Esq Assistant
John Alston Esq Assistant

The following persons were impannell'd and Sworne of the Grand Jury vizl

Collo John Worley
Capt Saml Patchett
Mr Thos Parris
Mr John Ismay
Mr Jona Evans
Mr Henderson Luton
Mr Thos Lovick
Mr Charles Denham
Mr Nathaniel Hall
Mr John Solley
Mr David Bailey
Mr John Conner
Mr Thos Bryant
Mr John Holbrook
Mr John Worley Junr
Mr Joseph Sanderson
Mr Robert Lowry
Mr Joshua Worley

who being charged with things proper for their enquiry withdrew and Considerd the severall matters given them in charge and on their returne presented the following Bills of Indictment vizl

A Bill of Indictment against Johnathan Ireland for feloniously Stealing of an Anchor

A Bill of Indictment against John Phillips for feloniously stealing of an Anchor.

A Bill of Indictment against Joseph Gowen alias Smith for Larceny.

A Bill of Indictment against Joseph Gowen alias Smith for Larceny.

A Bill of Indictmt agt John Cotton for marryn a Molatto Man to a White woman.

And then the Grand Jury was discharged from further Attendance at this Court


North Carolina—ss.

William Little Esq: Attorney Genl comes to prosecute the Bill of Indictment found by the Grand Jury against John —— phillips for stealing of an Anchor in these words vizl

To the Honoble Christopher Gale Esq: Cheif Justice and to the rest of the Justices of the Genl Court now sitting

The Jurors of Our Sovereign Lord the King on their Oath do present that John —— phillips of Bath County Marriner not having the fear of God before his eyes but being moved by the instigation of the Devill at Bath Town in the said County of Bath on or about the fifth

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day of June in the year of Our Lord One thousand Seven hundred and twenty five did fraudulently & feloniously Steale take and carry away one Iron Anchor from a Scooner or Vessell belonging to One Joseph Dowden of Bath Town in the County of Bath aforesaid of the value of ten shillings contrary to the peace of Our said Lord the King that now is his Crown and dignity &c.

Upon which Indictment the said John —— phillips was arraignd and upon his Arraignment pleaded not Guilty and for tryall thereof putt himself upon God and the Country and William Little on the behalf of our Lord the King likewise. Whereupon the Marshall was com̄anded that he should cause to come twelve &c. by whom &c. who to neither &c and there came Vizl Capt John Pettiver Thomas Luton Junr John Harloe Thomas Mathews Jeremiah pratt Constant. Luton John Lewis William Benbury John adderley Thomas Stubbs Edward patchett and John Ward Who being impannelled and Sworne &c. do say upon their oath that he is (Not Guilty) Whereupon he was orderd to be dischargd paying fees

Thomas Harding & Joseph Johnson being bound by Recognizance to appear and give Evidence on behalf of Our Sovereign Lord the King agt the said John Phillips and failing to appear (tho' Solemnly required) Ordered that a Scire facias do issue comanding them to appear at the next Court & shew cause (if any they have) why the said Recognizance should not be declared forfeited.

Jonathan Ireland being called to answer the Indictment aforesaid found against him by the Grand Jury for stealing an Anchor from Joseph Dowden accordingly in Custody of the Marshall to the Barr was brought Whereupon William Little Esq: Attorney Genl on behalf of Our Sovereign Lord the King also came into Court and confessed that the Indictment aforesayd against the sayd Jonathan Ireland he will no further prosecute. Whereupon it was considerd of by the Court here & Orderd, that he be dischargd paying the fees &c.

On the petition of Joseph Dowden praying to be allowd for his attendance &c. as Evidence on the behalf of Our Sovereign Lord the King agt John phillips & the said Jona: Ireland Orderd that they pay him for four days travelln twenty per day per day five days attenda at halfe-a Crown pr day and ten shills for ferrying in all twenty nine shills and two pence with Costs alias Exōn

-------------------- page 593 --------------------


North Carolina—ss.

William Little Esq: Attorney Genl comes to Prosecute the Bill of Indictment found by the Grand Jury against Joseph Gowen alias Smith of Chowan Precinct Mariner for Larceny in these Words vizl

To the Honoble Christopher Gale Esq: Cheif Justice & the rest of the Justices of the Genl Court now Sitting

The Jurors of Our Sovereign Lord the King on their Oath doe present that Joseph Gowen alias Smith of Chowan Precinct Marriner not having the fear of God before his Eyes but moved by the Instigation of the Devill in the precinct of Chowan aforesaid on or about the seventeenth day of this instant July in the year of our Lord one thousand seven hundred & twenty five by force and armes did fraudulently and feloniously Steal take and carry away from the house of Patrick Ogilby of Edenton in the precinct of Chowan aforesayd one payr of shoes of the value of eleven pence against the peace of Our Sovereign Lord the King that now is his Crown & dignity &c

Upon which Indictment the said Joseph Gowen alias Smith was arraignd and upon his arraignment pleaded (Not Guilty) and for tryall thereof putt himself upon God and the Country and the said William Little on the behalf of our Lord the King likewise

Whereupon the Marshall was com̄anded that he should cause to come twelve &c by whom &c who to neither &c and there came vizl Capt John Pettiver Mr Thos Luton Junr John Harloe Thomas Mathews J——pratt Const: Luton John Lewis William Benbury John Adderley Thos Stubbs Edward patchett & John Ward who being impannelled and sworn &c do say upon their Oath Wee of the Jury find the Prisoner Guilty.

Then the sayd Gowen alias Smith being asked if he had anything to say why sentence should not pass against him as the Law in that Case hath provided and he offering nothing in avoydance thereof It was then and there Considerd and Adjudgd that he should be carried to the publick Whipping post and there to receive twenty one lashes on his bare back well layd on & to remayne in Custody till fees are payd.

Joseph Gowen alias Smith being called to answer the Indictment aforesaid found against him by the Grand Jury for Larceny accordingly in the Custody of the Marshall to the Barr was brought Whereupon William Little Esqr Attorney Genl on behalf of our Sovereign Lord the King also came into Court and confessed that the Indictment aforesaid agt the sayd Joseph Gowen alias Smith he would no farther prosecute

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Whereupon it was Considerd of by the Court here and Orderd that he be thereof dischargd paying fees

John Ballard being bound by Recognizance to appear &c: at this Court accordingly came and no person appearing to prosecute or give evidence against he was dischargd paying the Costs

And now here at this day (vizl &c) came the aforesayd John Williams to traverse a Bill of Indictment found against him by the Grand Jury at the last Court and no person appearing to prosecute or give evidence against him he was dischargd paying fees.

And now here at this day (vizl &c) came the aforesaid Thomas Cook to make answer to a Bill of Indictment found agt him by the Grand Jury at the last Court but Christian Heidelbergh Informer on the behalf of our said Lord the King nor any other person appearing to prosecute or give evidence against him he was dischargd by proclamation paying Costs.

James Spier being brought before this Court by Virtue of a Warrant from the Cheif Justice to make answer to a Complaint filed against him from the Court held for the precinct of Bertie for uttering and passing in payment a Counterfeit Bill of three pounds and for want of Evidence he was admitted by the Court here to clear himself by his own oath and was thereupon dischargd paying Costs.

Orderd that the aforesaid three pounds Bill be layd before the next Assembly.

Thomas Boyd Esq: Solicitor Genl prayed leave of this Court to be discharged from his sayd Office which was accordingly granted.

And he made Oath in open Court that he hath deliverd all papers & other things relating to his sayd Office or as Attorney Genl to William Little Esq: who succeedd him in his sayd Office of Attorney Genl

And at his motion the same is Orderd to be recorded

John Cotton (being Solemnly required) to appear & make answer to the Bill of Indictment found against him for marrying a Molatto Man to a White Woman came not, Whereupon it was Considerd and orderd that a Capias should issue requiring him to appear &c at the next Court on the last Tuesday in October next.

David Rees being bound by Recognizance to appear at this Court accordingly came and no person appearing to prosecute or give Evidence agt him he was dischargd paying fees.

Major Henry Bonner being bound by Recognizance to appear at this Court accordingly came and no person appearing to prosecute or give Evidence agt him he was dischargd paying fees.

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John Lovick Esq: being bound by Recognizance to appear at this Court accordingly came and no person appearing to prosecute or give Evidence against him he was dischargd by Proclamac̄on paying fees

Hill Savage and Elizabeth Harrison being both bound by Recognizance to appear at this Court accordingly came and no person appearing to prosecute or give Evidence agt them they were dischargd payn Costs

Thomas Cooke being bound by Recognizance to appear at this Court accordingly came and no person appearing to prosecute or give Evidence agt him he was dischargd paying fees.

Amariah Berry being bound by Recognizance to appear at this Court accordingly came and no person appearing to prosecute he was dischargd paying fees

And now here at this day (Vizl &c) the aforesayd William Charlton Junr tho' Solemnly required came not nor doth it appear to the Court here that he hath been Served with process according to the Order of the last Court It is therefore Orderd that process do issue requiring him to appear at the next Court on the last Tuesday in October next.

And now here at this day (vizl &c) the aforesayd Thomas Ball tho' Solemnly required came not nor doth it appear to the Court here that he hath been served with Process according to the Order of the last Court. It is therefore Orderd that a scire facis do issue requiring him to appear at the next Court on the last Tuesday in October next.

And now here at this day (Vizl &c.) the aforesaid David Vincent (tho' Solemnly required) came not nor doth it appear to the Court here that he hath been Servd with a Scire facias according to the Order of the last Court it is therefore Considerd and Orderd to a Scire facias do issue requiring him to appear &c. at the next Court on the last Tuesday in October next

And now here at this day (Vizl &c.) the Informations filed by William Daniell against John Jones Joseph Jones John Jornagen John Spier James Moore and William Moore at the motion of the Attorney Genl are continued till the next Court on the last Tuesday in October next and Sum̄ons are Orderd to issue requiring them to appear &c.

On the petition of Patrick Ogilby praying that he may have his goods restored to him which were feloniously taken from him by Joseph Gowen alias Smith it is Considerd and Orderd that a Writt de bonis restituendis do issue directed to the Provost Marshall thereby com̄anding him to restore to the said petitioner his goods aforementioned

William Reed Richd Sanderson John Blount & Henry Clayton Esqs members of the Councill and Justices of the Peace in the Genl Com̄ission

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took and subscribd the Oaths and Declarac̄on by Law appoynted for their Qualificac̄on also the Oath of a Justice of the Peace

And then the Court Adjournd

C. GALE C. J.