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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 26, 1726 - August 03, 1726
Volume 02, Pages 655-663

[From Records of General Court.]

North Carolina—ss.
Att a Genl Court of Oyer and Terminer & Goal Delivery held at the Courthouse in Edenton begun on Tuesday the twenty sixth day of July One thousand seven hundred and twenty six and continued by severall adjournments to the third day of August following.
Present
The Honoble Christopher Gale Esq: Cheif Justice
Barnaby Mackennie Esqs Assistants
Robert LLoyd Esqs Assistants
John Alston Esqs Assistants
& Thomas Lovick Esqs Assistants.

The following persons were impannelld and sworne of the Grand Jury vizl

Mr Thos Betterley
Capt Saml Patchett
Mr Robt Hicks
Mr ffra: Branch
Mr Henderson Luton
Mr Thomas Cook
Mr Thos Hoskins
Mr Constant. Luton
Mr Jerema Pratt
Mr Richd Leary
Mr John Relf
Mr Joseph Stoakley
Mr Richd Oldner
Mr James Peak
Mr John Power
Mr John Cheshire
Mr William Roades
Mr James Caroone
Capt Roger Kenyon
Mr Simon Alderson
Mr Daniel Garrett
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Who being chargd with things proper for their Enquiry withdrew & considerd the severall matters given them in charge and on their Returne made Presentment of the following Bills Vizl

A Bill of Indictment against Anne Speir the Wife of James Speir of Bertie Precinct for felony and Murder.

A bill of Indictment against John Martin of Pasquotank Precinct for a Misdemeanor

A Bill of Indictment against William Ross of Pasquotank precinct for a Misdemeanor

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

William Little Esq: Attorney Genl comes to prosecute the Bill of Indictment found by the Grand Jury against Ann Speir the Wife of James Speir of Bertie Precinct for Felony & Murder in these Words Vizl


North Carolina—ss.

To Christopher Gale Esq: Cheif Justice & the rest of the Justices of the Genl Court held at Edenton the last Tuesday in July one thousand seven hundred and twenty six.

The Jurors for our Sovereign Lord the King on their Oath do present that Ann Speir Wife of James Speir of Bertie precinct not having the fear of God before her eyes but moved by the instigation of the Devill and her own wicked heart of malice forethought vizl in Bertie precinct aforesayd on or about the twelfth day of November one thousand seven hundred and twenty five by force & Arms feloniously & voluntarily with her hand did tear out and destroy the body and Woumb of Patience Spier the wife of John Speir of the sayd precinct so that thereof she lanquished for some time Vizl untill the last day of sayd Month and then & thereof dyed and so the Jurors aforesayd upon their Oath aforesaid do say that the sayd Ann on the said thirtieth day of November in Bertie prcinct aforesaid in manner and form aforesayd and of malice forethought feloniously and voluntarily the sayd Patience did kill and murther against ye Peace of Our Sovereign Lord the King that now is his Crown & dignity &c.

Signd
Wm LITTLE Attorney Genl

And on the Motion of the Attorney Genl It was then & there Orderd that process should issue against the sayd Ann Speir Whereupon David Osheall into Court came and offerd himself Security for the sayd Ann's Appearance and was accordingly admitted and he the sayd David on the

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behalf of the sayd Ann prayed leave of the Court here to come to tryall to which the Attorney Genl aforesaid objected by reason that he was not provided with all the Evidences and the Arguments thereon heard It was then & there considd and Orderd that she may come to tryall at three of the Clock in the afternoon at which time the sayd Ann in the Custody of the Marshall to the Barr was brought And upon the Indictment aforesayd was Arraigned and upon her Arraignment pleaded (Not Guilty) and for tryall thereof putt herself upon God and the Country Whereupon the Marshall was com̄anded that he cause to come twelve &c by whom &c who to neither &c and there came John Falconer Edward Standing William Halsey James Smith Richard Skinner Edward Moore John Jones Junr John Robertson Thomas Mathews William Whitfield John Harloe & Charles Barber

Who being impannelld and sworne say Wee of the Jury find Anne Speir Not Guilty of the felony & Murder whereof she stood indicted

Signd
JOHN FALCONER Foreman

Whereupon the sayd Ann Speir was dischargd by Proclamac̄on and may go hence without day paying fees and charges.


North Carolina—ss.

To Christopher Gale Esq. Cheif Justice and the rest of the Justices of the Genl Court held at Edenton the last Tuesday in July one thousand seven hundred & twenty six.

The Jurors for our Sovereign Lord the King on their Oath do present that John Martin of Pasquotank Precinct Planter Vizl in the sayd Precinct of Pasquotank on or about the twenty seventh day of Aprill one thousand seven hundred & twenty six not having the fear of God before his Eyes but corruptly and seditiously intending to begett mutiny and dissension and insurrection and disturb the present Government and the repose and quiet thereof utterly to destroy in a violent and mutinous manner did with force & Armes resist and willfully obstruct David Bailey of the sayd Precinct a Collector lawfully and duly appoynted to receive and collect the Precinct Levys within the sayd precinct he the sayd David then & there in the Execution of his sayd Office being which is against the peace of our Sovereign Lord the King that now is his Crown & dignity and against the Act of Assembly in that Case made & provided

Signd
Wm LITTLE Atto Genl
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And on Motion of the sayd Attorney Genl Orderd that a Capias should issue; Whereupon Thomas Swann into Court came and prayed leave to appear for the sayd John Martin which was granted (he promising and agreeing to enter such a plea as may require no Evidence except matter of Record) And at his further request the same is referrd for Tryall till the next Court on the last Tuesday in October next

William Little Esq: Attorney Genl comes to prosecute the Bill of Indictment found by the Grand Jury against William Ross of Pasquotank precinct for a misdemeanor in these Words Vizl


North Carolina—ss.

To Christopher Gale Esq: Cheif Justice and the rest of the Justices of the Genl Court held at Edenton the last Tuesday in July one thousand seven hundred and twenty six.

The Jurors for our Sovereign Lord the King on their Oath do present that William Ross of Pasquotank Precinct planter Vizl in the sayd Precinct of pasquotank on or about the seventeenth day of March one thousand seven hundred and twenty five not having the fear of God before his Eyes but corruptly and Seditiously intending to begett Mutiny and dissention and insurrection & disturb the present Government and the repose & quiett thereof utterly to destroy in a violent and mutinous manner did with force and Armes resist and willfully obstruct Joseph Staakley of the sayd Precinct a Collector lawfully and duly appoynted to receive and collect the Precinct Levys within the sayd precinct he the sayd Joseph then & there in the Execution of his sayd Office being which is against the Peace of our Sovereign Lord the King that now is his Crown and Dignity and against the Act of Assembly in that Case made and provided &c

Signd
Wm LITTLE

And on the motion of the sayd Attorney Genl It was then & there Orderd that Process should issue against the sayd William Ross thereby to compell him to appear at the next Genl Court on the last Tuesday in October next to make answer to the aforesayd Indictment

John Armstrong being brought before this Court by vertue of a Warrant from the Attorney Genl for having passed in payment two ten shills Bills that are Counterfeit to Edmund Smithwick which Bills where here in Court produced and the sayd Smithwick made Oath that he rec̄d the same Bills of the sayd John Armstrong the sayd Armstrong also being examind about them declared upon Oath that he rec̄d the same two Bills of Thomas Oldner of Bertie precinct in payment of money due to the

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sayd Armstrong from James Kelly And the sayd James Kelly being also brought into Court and Examind as well about the aforesayd two Bills as a five pounds Counterfeit Bill produced to this Court by Thomas Peirce Junr who on his Solemn Affirmac̄on did declare that he rec̄d the sayd Bill in payment from the sayd James Kelly & he the sayd James Kelly being thereon examind and the Bill to him being shown did acknowledge and confess that he believes it to be the same Bill which he payd to the sayd Peirce and it being Askd him of whom he receivd he on Oath declared that he receivd the sayd Bill of Thomas Oldner in part of payment of Eleven pounds some time in June last, Wherefore It was Considerd and Orderd that he enter into Recognizance in the sum of one hundred pounds Sterling with Surieties in the like sum thereby to compell him to appear at the next Genl Court to answer such matters as shall then & there be objected against him and in the mean time that he be of good behaviour.

And accordingly he the sayd James Kelley acknowledged himself indebted to our Sovereign Lord King George his Heirs & Successors in the penall sum of one hundred pounds Sterling and Edward Moore & John Armstrong both of Bertie precinct planters in the sum of fifty pounds Sterling each to be levyed on their severall goods & Chattells Lands and Tenements &c With Condition that the sayd James Kelly shall appear as aforesayd and in the mean time be of good behaviour

The Honoble Christopher Gale The Cheif Justice informing this Court that on the twenty sixth of this instant July he receivd a Complaint from Mr Edmund porter setting forth that an assault had been made upon him in one of the publick streets of Edenton by the Honble Sr Richard Everard Baront Governor John Lovick Esq: Secretary William Little Esq: Attorney Genl Collo John Worley and Robert Foster Gent And also that he had been informd by the sayd Sr Richard Everard the Attorney Genl and Severall others of an assault made by the aforesaid Edmund porter on the person of John Lovick Esqr Secretary and one of the Members of the Councill at the same time & place Whereupon the Court proceeded to receive the Depositions of Sundry persons produced by the Complainant as well as an Informac̄on inform from the Attorney Genl And upon hearing the whole matter as well the Complaint and the Informac̄on as the Depositions thereon taken It seemd to the Court here and it is the Opinion of the whole Court that the sayd Edmund Porter was the Aggressor and did first Assault John Lovick Esq: as sett forth in the Informac̄on aforesaid.

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And now here at this day (Vizl &c) came the aforesayd Thomas Swann in his own proper person and by the consent of the Attorney Genl & the sayd Thomas Swann the Suite is putt in respite untill the next Court on the last Tuesday in October next

And now here at this day (Vizl &c) the aforesayd Mackroro Scarbrough (tho Solemnly required) came not Wherefore at the Motion of the Attorney Genl day is given him untill the next Court on the last Tuesday in October next then and there to appear &c.

And now here at this day (Vizl &c) the aforesayd peter Young (tho Solemnly required) came not: Wherefore at the Motion of the Attorney Genl day is given to him untill the next Court on the last Tuesday in October next then & there to appear &c.

Collo John Worley being bound by Recognizance now to appear &c accordingly came and is dismist without day paying Costs.

And now here at this day (Vizl &c) came the aforesayd Paul Palmer and the sayd Samuel Phelps also came and the aforesayd Order passed at a Court held for the precinct of perquimons on the twelfth day of January one thousand seven hundred and twenty four being read and the Arguments on both sides being heard duly considerd & by the Court here fully understood It is Adjudgd that the sayd Order of the Court of perquimons precinct be confirmd and that the sayd Paul palmer pay Costs alias Exōn

And now here at this day (Vizl &c) came the aforesayd Benjamin Peyton Adm̄or as aforesayd and prayed leave to withdraw his petition aforesayd which was to him granted

And now here at this day (Vizl &c) the aforesayd George Burrington Esq: being called again on his Recognizance to answer the Indictment found against him as aforesayd for Trespass Assault misdemeanor & breach of the peace contrary to the Act of Assembly in that Case made now failed to appear. Thereupon John Bapa Ashe prayed leave of the Court that he might appear on behalf of the sayd George Burrington which was granted provided he found Speciall Bayle which he refusing to do his appearance was not accepted Whereupon the Attorney Genl prayed that a Scire facias be issued which was accordingly granted.

And now here at this day (Vizl &c) the sayd George Allen being called upon his Recognizance to answer to the Presentment of the Grand Jury at the last Genl Court accordingly came and desired his appearance might be entred and also prayd leave to appear by Council having some matters of Law thereon to move which was granted. and accordingly David Osheal & James Everard were admitted by the Court here to be of

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Councill for the sayd George Allen by whom he made his plea or Exception to the sayd presentment in these Words Vizl

George Allen practiser of Physick & Surgery by David Osheat his Attorney comes into Court and moves to this Court that the sayd presentment as well in substance as form is altogether vitious & uncertain for that the year is omitted when the words are supposed to be spoken, the parish where, the addition of this Deft's degree or imploy the Town and County where this Deft: liveth for all which manifest Errors and uncertaintys this Deft: prays the sayd presentmt may be quashd; And the matter being argued as well by William Little Esq: Attorney Genl on behalf of our Sovereign Lord ye King and in defence of the sayd presentment as by the Councill assignd for the sayd George Allen and by the Court thoroughly examind and fully understood It is Considerd that the sayd presentment be quashd and it is further Orderd that the sayd George Allen be bound by Recognizance to appear at the next Court on the last Tuesday in October next & in the mean time to be of his good behaviour.

Whereupon the sayd George Allen in his own proper person came and acknowledged himself indebted to our Sovereign Lord King George his Heirs & Successors in the sum of one hundred pounds Sterling and Thomas Betterley and Patrick Ogilby in the sum of fifty pounds Sterling each to be levyd on their severall goods & Chattells Lands & Tenements &c With Condition that the sayd George Allen shall personally be and appear at the next Genl Court to be held for this Government at Edenton the last Tuesday in October next on the third day of the sayd Court and shall not depart thence without leave of the sayd Court & in the mean time to be of his good behaviour then this Recognizance to be Voyd.

And now here at this day (Vizl &c) the Attorney Genl aforesayd came to prosecute the sayd George Burrington on the Bill of Indictment found agt him by the Grand Jury at the last Genl Court for Trespass & Misdemeanor and the sayd George tho' Solemnly called came not Whereupon at the motion of the sayd Attorney Genl a Capias is Orderd to be issued thereby to compell him to appear &c.

And now here at this day (Vizl &c) came the Attorney Genl aforesayd to prosecute the aforesayd George Burrington Cornelius Harnett and others unknown on the Bill of Indictment found against them by the Grand Jury at the last Genl Court for a Ryott And the sayd George Cornelius and others tho' Solemnly required came not; Whereupon at the motion of the sayd Attorney Genl a Capias is orderd to be issued thereby to compell them to appear &c.

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And now here at this day (vizl &c) came the Attorney Genl aforesayd to prosecute the sayd George Burrington on the Bill of Indictment found against him by the Grand Jury at the last Court for Trespass Assault and Misdemeanors by him committed in Bath County and the sayd George thō Solemnly required came not Whereupon at the motion of the Attorney Genl a Capias is Orderd to be issued thereby to compell him to appear &c.

And now here at this day (Vizl &c) came the Attorney Genl aforesayd to prosecute the aforesayd James Castellaw and John Nairne on a Bill of Indictment found against them by the Grand Jury at the last Genl Court for a Misdemeanor and the sayd James and John (thō Solemnly required) came not. Whereupon at the Motion of the sayd Attorney Genl a Capias is Orderd to be issued thereby to compell them to appear &c.

And now here at this day (vizl &c) came the sayd Attorney Genl to prosecute the aforesayd Watkin price on the sayd Bill of Indictment. And the sayd Watkin by Thomas Swann his Attorney appeard and prayd that the Tryall thereon may be respited till the next Court on the last Tuesday in October next he promising and agreeing to enter such a plea as may require no Evidence except matter of Record which by and with the consent of the Attorney Genl is granted.

The Information made by the Reverend Mr John Blacknall of Edenton in Chowan precinct Clerk to Christopher Gale Esq: Cheif Just: against himself for joyning together in the holy estate of Matrimony Thomas Spencer & Martha paule a Molatto Woman at the motion of the Attorney Genl is continued to the next Court on the last Tuesday in October next.

The Informac̄on made by the Revd Mr John Blacknall of Edenton in Chowan precinct Clerk against Thomas Spencer of Curratuck prect for joyning himself in Marriage to Martha paul a Molatto Woman at the motion of the Attorney Genl is Continued to the next Court on the last Tuesday in October next.

George Burrington Esq: being bound by Recognizance to appear at this Court for breach of the peace is dismist & thereof may go without day paying Costs.

Lewis pompey being bound by Recognizance to appear at this Court is dismist thereof without day paying Costs.

John Richard being bound by Recognizance to appear at this Court is dismist and may go thereof without day paying Costs

William Biggs being bound by Recognizance to appear at this Court to answer such matters as should be objected against him by the Court or Attorney Genl accordingly came and the Attorney having nothing to

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prosecute agt him he is dismist and may go thereof without day paying Costs.

Massey Musick bound by Recognizance to appear at this Court now came and at the motion of the Attorney the same Recognizance is continued till the next Court on the last Tuesday in October next.

Richd Washingtoń bound by Recognizance to appear at this Court now came And on the motion of the Attorney Genl the sayd Recognizance is continued to the next Court on the last Tuesday in October next for the sayd William then & there to appear &c.

William Whitfield bound by Recognizance to appear at this Court accordingly came and the Attorney Genl informing the Court that he hath nothing whereon to prosecute Therefore it is Considerd that the sayd William Whitfield may go thereof without day paying Costs.

William Hind bound by Recognizance to appear at this Court accordingly came & the Attorney Genl having nothing against him whereon to prosecute he is dismist without day paying Costs.

Elizabeth Harrison bound by Recognizance to appear at this Court is dismist and may go thereof without day paying Costs.

John Vanpelt being bound by Recognizance to appear at this Court is dismist and may go thereof without day paying Costs.

Isaac Ottiwell bound by Recognizance to appear at this Court to prosecute Hugh Bryan is dischargd thereof & may go without day paying Costs the sayd Hugh Bryan having broke Goal and is fledd.

Arthur Mabson of pasquotank precinct into Court in his own proper person came and prayed that his Appearance might which was granted & accordingly Orderd to be done.

And then the Court adjournd

C. GALE C. J.
by Order of the Chief Just
and Assistants
W. Badham Cler Cur Gen.