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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
October 25, 1726 - November 01, 1726
Volume 02, Pages 665-672


North Carolina—ss.

>At a Genl Court of Oyer & Terminer and Genl Goale Delivery held at Edenton begun on Tuesday the twenty fifth day of October Anno Dni one thousand seven hundred and twenty six & continued by Severall adjournmts to the first day of November following.
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Present
The Honoble Christopher Gale Esq: Cheif Justice
Wm Downing Esq Assistant
Barnaby Mackenny Esq Assistant
Thomas Lovick Esq Assistant
Henry Bonner Esq Assistant
and Thomas Speight Esq Assistant

The following persons were impannelld and Sworne of the Grand Jury Vizl

Major Thomas Luton
Mr Benja Hill
Mr John Bonde
Mr Wm Howett
Mr Edw: Howard
Mr Wm Lattimer
Mr Thos Rountree
Mr Thos Garrett
Mr Thos Mathews
Mr Thos Jones
Mr Saml Warner
Mr Robt Laneer
Mr George Allen
Mr Jonathan Jacocks
Mr Edward Standing
Mr Clemt Hammond
Mr Joseph Sanderson
Mr Richd Church
Mr Robert Hicks

Who being chargd with things proper for their Enquiry withdrew and on their Returne made presentment of the following Bills Vizl A Bill of Indictment agt Thomas Gray for Felony

A Bill of Indictment agt Mary Gorman for murder

A Bill of Indictment against William Lewis Junr for Felony

A Bill of Indictment against John Richardson for Felony

A Bill of Indictment against John Richardson for an Escape out of Prison

A Bill of Indictment against Thomas Oldner for Felony

Also they presented Edmond porter of Chowan precinct Gent for menacing and Assaulting the Honoble Richd Everard Baront Governor of this province and also for assaulting the Honoble John Lovick Esq: Secretary in a riotous manner.

And then the sayd Grand Jury was dischargd from further Attendance.

William Little Esq: Attorney Genl comes to prosecute the Bill of Indictment found by the Grand Jury against Thomas Gray for Felony in these Words Vizl


North Carolina—ss.

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

The Jurors for our Sovereign Lord the King on their Oath do present that Thomas Gray of perquimons precinct Labourer not having the fear of God before his Eyes but moved by the instigation of the Devil Vizl

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in the precinct aforesayd on or about the tenth day of Aprill one thousand seven hundred & twenty six by force and Armes did fraudulently and feloniously Steale take and carry away from Thomas Speight Esq: of the sayd prcinct half a Side of leather & a quantity of sheeps Wooll and a parcell of Nayles some Cottons & Some blew linen all of the value of twenty shillings Sterling against the peace of Our Lord the King that now is his Crown & dignity &c.

Upon which Indictment the sayd Thomas Gray was Arraigned and upon his Arraignment pleaded not Guilty and for Tryall thereof put himself upon God and the Country.

Whereupon the Marshall was com̄anded to cause to come twelve &c: and there came Mr John Woodhouse, John Charlton George Turnedge Joseph Stockley Richd Willson Thomas Hoskins Francis Branch William Halsey Edward Moore Joshua Turner John Relf & Ralph Bozeman who being impannelld and sworne say

Wee of the Jury do find the prisoner at the Barr guilty of goods stolen to the value of ten pence

Signd
JOHN WOODHOUSE Foreman

Then the sayd Thomas Gray 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 Therefore It is Considerd and Adjudgd that he be carried to the publick Whipping post And that he there receive thirty lashes on his bare back And that he give Security for his good behaviour for twelve months & a day himself in the sum of fifty pounds Sterling & his Suretys in the sum of twenty five pounds Sterling each and that he remaine in custody untill he performe the same Whereupon the sayd Thos Gray acknowledgd himself indebted to our Sovereign Lord King George his Heirs and successors in the sum of fifty pounds Sterling and Thomas Harvey Esq: and John Doe in the sum of twenty pounds Sterling each to be levyed on their Severall goods and Chattells Lands & Tenemts &c With Condic̄on that the above bound Thomas Gray be of his good behaviour towards his Majesty & all his leige Subjects for twelve months & one day then this Recognizance to be voyd else to remaine in full force &c.

Edward Rouse came into Court & Acknowledged that he was ayding & assisting the sayd Thomas Gray in the aforesayd fact chargd against him in the sayd Indictment & that they are true also praying of the Court for mercy Wherefore It was Considerd that he should allowd of as an Approver & was accordingly admitted an Evidence on the behalf of our Sovereign Lord the King at the Tryall aforesayd.

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On the petition of Lewis Skinner Constable praying praying to be allowd for his Attendance trouble & charge in apprehending the aforesaid Thomas Gray It is Orderd that he be allowd the sum of one pound two shills & Six pence with Costs alias Exōn

On the petition of Thomas Speight Esq: praying to have his goods restored which were taken from him by the aforesayd Thomas Gray, Orderd that a Writt de bonis restituendis do issue directed to the provost Marshall com̄anding him to restore to the petitioner his goods in the aforesayd Indictment mentiond

William Little Esq: Attorney Genl comes to prosecute the Bill of Indictment found by the Grand Jury against Mary Gorman for Murder in these Words Vizl:


North Carolina—ss.

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

The Jurors for our Sovereign Lord the King on their Oath do present that Mary Gorman of North Carolina Spinster on or about the fifteenth day of August One thousand seven hundred & twenty six vizl in the precinct of Curratuck had born of her body a living child which sayd child then & there being alive by Law was a Bastard & afterwards vizl the same day in the precinct aforesayd the sayd Mary Gorman not having the fear of God before her Eyes but moved and Seduced by the instigation of the Devil by force & Armes in and upon the sayd Infant then alive did feloniously & voluntarily & of malice forethought make an Assult & the sayd living child then & there feloniously and voluntarily and of malice forethought cast helpless into ye Water whereby the said child was drownd & instantly dyed & so the Jurors aforesayd on their Oath do say that the sayd Mary Gorman the aforesayd Infant at Curratuck aforesayd on the sayd fifteenth day of August in the year aforesayd in the manner aforesayd feloniously voluntarily & of malice forethought did kill & murder agt the peace of our Sovereign Lord the King his Crown & Dignity &c.

Upon which Indictment the sayd Mary Gorman was arraigned and upon her arraignment she pleaded Not Guilty and for Tryall thereof she putt herself upon God & the Country.

Whereupon the Marshall was commanded to cause to come twelve &c: and there came vizl: Mr John Charlton Joseph Stoakley Richd Willson Thos Hoskins Willm Halsey Edward Moore Joshua Turner John Relf Ralph Bozeman William Sadler Robert Evans Francis Branch who being

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impannelld and Sworne say

Wee of the Jury find the Prisoner at the Barr Not Guilty

Signd
JOHN CHARLTON Foreman

Whereupon she was dischargd by proclamac̄on and dismist thereof without day paying costs.

William Little Esq: Attorney Genl comes to prosecute the Bill of Indictment found by the Grand Jury against William Lewis Junr for Felony and the sayd William tho' Solemnly required came not: Whereupon at the motion of the sayd Attorney Genl a Capias is Orderd to be issued thereby to compell him to appear & that a Warrant should be sent to the provost Marshall to seize his goods & Chattells

William Little Esq: Attorney Genl comes to prosecute the Bill of Indictment found by the Grand Jury agt John Richardson for felony in Counterfeiting the Current Bills of Credit as by an act of Assembly in that made is sett forth & the sd John tho' Solemnly required came not Whereupon at the Motion of the Attorney Genl a Capias is Orderd to be issued.

William Little Esq: Attorney Genl comes to prosecute John Richardson on the Bill of Indictment found by the Grand Jury agt him for feloniously breaking prison & an Escape & the sayd John tho' solemnly required came not. Wherefore at the Motion of the Attorney Genl a Capias is Orderd to be issued to apprehend him (if to be found) and also a Warrant to seize his Goods & Chattells

William Little Esq: Attorney Genl comes to prosecute Thomas Oldner on the Bill of Indictment found against him by the Grand Jury for felony in Counterfeiting the Current Bills of Credit of this Governmt contrary to an Act of Assembly in that Case made And the sayd Thomas tho' solemnly required came not. Wherefore at the motion of the Attorney Genl a capias is Orderd to be issued to apprehend him if to be found &c.

The Presentment made by the Grand Jury against Edmond porter of Chowan precinct Gent was read in these words Vizl


North Carolina—ss.

October the twenty ninth one thousand seven hundred & twenty six Wee of the Grand Jury on the Evidence of the Honoble Sr Richard Everard Barront and Capt Samuel Patchet do present Edmond Porter of Chowan precinct Gent for that on or about the twenty sixth day of July last past at Edenton in the precinct aforesayd he the sayd Edmond Porter did menace and assault the sayd Sr Richard Everard Baront Governr

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of this Province and also at the sayd time & place aforesayd an Assault did make on the Honoble John Lovick Esq: Secretary of this province in a riotous manner

Signd
THOs LUTEN Foreman

Whereupon It is Considerd and Orderd that a Capias shall issue com̄anding the the Provost Marshall to take the Body of the sayd Edmond Porter & him safely keep so that he have him at the next Genl Court to be held for this Government on the last Tuesday in March next on the third day of the sayd Court then & there to make answer to the aforesayd Presentment.

And now here at this day (Vizl &c) came the Attorney Genl aforesayd and the sayd Thomas Swann in his own proper person also came who being askt how he would acquit himself of the crime chargd in the aforesd Indictmt Sayd that he is not thereof Guilty and of this he puts himself upon the Country and William Little Attorney Genl likewise and by consent of both partys the Tryall of the sd issue is referrd till the next Court on the last Tuesday in March next

And now here at this day (Vizl &c) came the aforesayd Macroro Scarbrough in his own proper person who being asked how he would acquit himself of the Crime wherewith he is chargd sayd that he is not thereof Guilty and of this he puts himself upon the Country And William Little Esqr Attorney Genl likewise And hereupon by Consent of both partys the Tryall of the sayd issue is referrd to the next Court on the last Tuesday in March next.

And now here at this day (Vizl &c) came the aforesayd peter Young in his own proper person and there appearing no person to prosecute or give Evidence against him he was dischargd by proclamac̄on and may go thereof without day paying Costs

And now here at this day (vizl &c) the sayd George Burrington (tho Solemnly required) came not nor made answer to the Bill of Indictment aforesayd agt him for Trespass Assault Misdemeanor & breach of the peace contrary to the Act of Assembly in that Case. Wherefore at the Motion of the Attorney Genl process is Orderd to be issued thereby to compell him to appear at the next Court on the last Tuesday in March next.

And now here at this day (Vizl &c) the sayd George Burrington (tho' Solemnly required) came not nor made any answer to the Bill of Indictment aforesayd found against him for a Trespass & Misdemeanor Wherefore at the Motion of the Attorney Genl process is Orderd to be issued

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thereby to compell him to appear at the next Genl Court on the last Tuesday in March next.

And now here at this day (Vizl &c) the aforesayd George Burrington & Cornelius Harnet tho' Solemnly required came not nor made any answer to the Indictment aforesayd against them found. Wherefore at the Motion of the Attorney Genl It is Orderd that process be issued agt them thereby to compell them to appear at the next Court on the last Tuesday in March next.

And now here at this day (Vizl &c) the aforesayd George Burrington (tho' Solemnly required) came not nor made any answer to the Bill of Indictment found agt him for Trespass Assault & Misdemeanor in Bath County Wherefore at the Motion of the Attorney Genl process is Orderd to be issued against him thereby to compell him to appear at the next Court on the last Tuesday in March next.

And now here at this day (Vizl &c) the aforesayd James Castellaw & John Nairne (tho' Solemnly required) came not nor made answer to the Indictment aforesayd Therefore on the Motion of the Attorney Genl The Capias granted at the last Court is continued returnable to the next Court on the last Tuesday in March next.

And now here at this day (Vizl &c) the aforesayd Watkin price by Thomas Swann his Attorney appeard and sayth that he is not Guilty of the Crime chargd against him in the Indictment aforesayd & of this he putts himself upon the Country and William Little Attorney Genl likewise And by consent the Tryall of the sayd issue is referrd to the next Court on the last Tuesday in March next.

And now here at this day (Vizl &c) the aforesayd Massey Musick who was continued on her Recognizance is dismist and may go thereof without day paying Costs.

And now here at this day (Vizl &c) the aforesd James Kelly who was bound by Recognizance now to appear in his own proper person came & is dismist thereof without day paying Costs.

And now here at this day (Vizl &c) the aforesd George Allen in his own proper person came and was dischargd by proclamac̄on.

William Lewis Senr and Adam Joy who were both bound to appear at this Court to give Evidence on behalf of our Sovereign Lord the King accordingly came and prayed their Appearance might be entred which was granted.

Walter Lane bound to appear at this Court in his own proper person came & prayed his Appearance might be entred which was granted and he is thereof dismist and may go thereof without day paying Costs.

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Samuel Sinclair bound to appear at this Court by Recognizance accordingly came and was dischargd by proclamac̄on and may go thereof without day paying Costs

And now here at this day (Vizl &c) the aforesayd Richard Washington again came & on the Motion of the Attorney Genl the sayd Recognizance is continued till the next Court on the last Tuesday in March next.

And now here at this day (Vizl &c) the aforesayed John Martin by Thomas Swann his Attorney appeard and for plea Sayth that he is not Guilty and of this he putts himself on the Country and William Little Attorney Genl Likewise and by Consent of both partys the Tryall of the sayd issue is referrd to the next Court on the last Tuesday in March next

And now here at this day (Vizl &c) the aforesayd William Ross (tho' Solemnly required) came not Wherefore at the Motion of the Attorney Genl a Capias is Orderd to be issued thereby to compell him to appear at the next Court on the last Tuesday in March next.

And now here at this day (Vizl &c) the aforesayd Informac̄on of the sayd John Blacknall was read in these Words Vizl


North Carolina—ss.

The Information of ye Reverend Mr John Blacknall of Edenton in Chowan precinct Clerk taken before Christopher Gale Esq: Chief Justice of the sayd province this Second day of March one thousand seven hundred & twenty five who sayth that upon the Sayd Second day of March he the sayd John Blacknall did joyn together in the holy estate of Matrimony according to the form of the Church of England in Edenton in Chowan precinct aforesayd Thomas Spencer a White man and a Molatto Woman named Martha paul both of Curratuck precinct contrary to the direction of an Act of Assembly in that case made & provided whereby he the sayd John Blacknall hath incurrd a penalty of fifty pounds the One half to the Informer which he therefore demands the other to be lodged in the hands of the Governor (or Com̄ander in Chief for the time being) to be applyd according to the directions of the sayd Act

Signd
JOn BLACKNALL
Subsignd Jurat coramme die & Anno Supradict
C. GALE C. J.