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Minutes of the Hillsborough District Superior Court
North Carolina. Superior Court (Hillsborough District)
September 22, 1768 - October 01, 1768
Volume 07, Pages 842-847

[From the Court Records of Orange County.]

North Carolina Hillsboro District. Ss.

At a Superior Court of Justice begun and held for the district aforesaid at the Court house in Hillsboro on the 22d day of September, Anno Dom. 1768.

Present.
The Honorable Martin Howard Esqr
The Honorable Richard Henderson Esqr

Grand Jury impanelled and sworn.

1—Wm. Potter, foreman.
2—Wm. Buster.
3—Rich'd Fossett.
4—Wm. Stroud, Jun.
5—Wm. Forrest.
6—John Love.
7—Sam'l Van Hook.
8—David Womack.
9—Wyat Stubblefield.
10—Rich'd Cate.
11—Elisha Cain.
12—Joseph Davenport.
13—Jos'h Glover.
14—Sherwood Harris.
15—Wm. Graves.
16—Alex. Mebane.
17—Daniel Duncan.
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Who, after receiving their charge from the Court, withdrew.

Henry Pendleton Esq produces to this Court a Commission from his Excellency the Governor, authorizing & impowering him to practice as an attorney in any Superior Court of Justice in this Province, & having taken the several oaths prescribed by Law for the qualification of public officers, and subscribed the test.

John Cooke Esq produced to this Court a Commission from the Hon. Martin Howard Esq. Chief Justice of this Province constituting & appointing him the said John Cooke Clerk of the Superior Court of Justice for the District of Hillsborough by virtue of & according to the directions of an act of the General Assembly of the said Province, in that particular made & provided, who took the several oaths and subscribed the test agreeable to Law.

Court adjourned till tomorrow at 10 o'clock.


Saturday 24th.

Court met according to adjournment.

Present,
The Honorable Martin Howard Esquire
The Honorable Maurice Moore Esquire
The Honorable Richard Henderson Esquire

Court adjourned till Monday 10 o'clock.


Monday 26th .
Present,
The Honorable Martin Howard Esquire
The Honorable Maurice Moore Esquire
The Honorable Richard Henderson Esquire

Petit Jury returned by the Sheriff to wit.

David Mitchel
John Douglas,
Henry Morris,
John Edwards, Jun.
William McCrawley,
Joseph Allison,
Christopher Barbee,
John Lea,
James Wilkinson, Sen.
William Grimes,
George Lea,
James Saunders, Jun.
Wm. Bynum,
Culbert Hudson,
John King,
John Walker,
William Cooke,
John Armstrong,
Heydon Pryor,
Archibald Boslin,
Carmes Tinnin,
Stephen Serjant,
John Tinnin.

Harmon Husbands who stood bound for William Butler, appeared, came into Court & delivered him up to the Court. Was ordered into custody.

Court adjourned till tomorrow 10 o'clock.

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Tuesday 27th.

Court met according to adjournment.

Present,
The Honorable Martin Howard Esquire
The Honorable Maurice Moore Esquire
The Honorable Richard Henderson Esquire

Harmon Husbands, William Few, Samuel Allin & John Butler appeared & acknowledged themselves indebted to our Sovereign Lord the King his heirs & successors in the several sums following, to wit. The said Harmon Husbands in the sum of five hundred pounds, & William Few, Samuel Allin & John Butler his securities in the sum of two hundred & fifty pounds each. On condition that the said Harmon Husbands stay & perform the sentence of the Court now sitting, in a certain bill of indictment now preferred against him, & that he do not depart the Court without leave of the same.

William Butler, Samuel Allin, John Butler & William Few appeared & acknowledged themselves indebted to our Sovereign Lord the King, his heirs & successors, in the several sums following, to wit, the said Wm. Butler in the sum of five hundred pounds, & Samuel Allin, John Butler & Wm. Few his securities in the sum of two hundred & fifty pounds each. On condition that the said William Butler stay and perform the sentence of the Court now sitting on a certain bill of indictment preferred against him, and that he do not depart the Honorable Court without leave of the same.

The King
vs.
Edm'd Fanning } Indictment.

Jury impan'd & Sworn find the defendant guilty.

Court adjourned till to morrow 10 o'clock.


Thursday 29th .

Court met according to adjournment

Present
The Honorable Martin Howard Esquire
The Honorable Maurice Moore Esquire
The Honorable Rich'd Henderson Esquire

The indictment preferred against James Hunter, Ninion Hamilton, Isaac Jackson, John Philip Hartso, William Moffitt, John Pile & Francis Dossett, for a Rout, having been returned by the Grand Jury “a true bill as to all except John Pile,” it is ordered by the

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Court that the bill be Quashed, by reason of the irregularity of the return, and that the Attorney General prepare a new bill.

The indictment preferred against James Hunter, William Butler, Ninion Hamilton, Peter Craven, Isaac Jackson, Peter Julian for a rout, having been returned by the Grand Jury “a true bill as to all except Peter Julian,” it is ordered by the Court that the bill be quashed, by reason of the irregularity of the return, and that the Attorney General prepare a new bill.

The indictment preferred against William Pain, James Hunter, William Butler, Ninion Hamilton, Peter Craven, Isaac Jackson, Peter Julian, Matthew Hamilton & Ninion Bell Hamilton, having been returned a true bill as to all except Peter Julian. It is ordered by the Court that the bill be quashed by reason of the irregularity of the return, & that the Attorney General prepare a new bill.

The King
vs.
Dennice Bradley }

Not guilty on an indictment for felony, to wit, the burning of the public gaol of Granville.

Jury impannelled & sworn to wit,

1—David Mitchel.
2—Christopher Barbee.
3—John Douglas.
4>—Heydon Pryor.
5—John Lea.
6—George Lea.
7—Joseph Allison.
8—James Wilkinson, Sen.
9—James Saunders, Jun.
10—John Armstrong.
11—Stephen Serjant.
12—John Tinnin.

Who brought in their verdict as follows, to wit—We find Dennice Bradley, the prisoner at the bar, not guilty.

Court adjourned till 4 o'clock.

Court met pursuant to adjournment.

Present

Present
The Honorable Martin Howard Esqr
The Honorable Maurice Moore Esqr and
The Honorable Richd Henderson Esqr

The King
vs.
William Butler }

Not guilty on an indictment for a rescue of goods.

Jury impan'd and sworn, to wit:

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1—David Mitchel.
2—Christopher Barbee.
3—John Douglas.
4—John Lea.
5—George Lea.
6—John Armstrong.
7—Stephen Serjant.
8—John Inning.
9—Rich'd Holman.
10—John Latta.
11—James Latta.
12—Jones Griffin

Who brought in their verdict as follows to wit, We find the defendant guilty.

Court adjourned till tomorrow morning 10 o'clock.


Fryday 30th .

Court met according to adjournment.

Present
The Honorable Martin Howard Esqr
The Honorable Maurice Moore Esqr and
The Honorable Rich'd Henderson Esqr

The King
vs.
William Butler. } Indictment, Rout, Assault, etc.

Jury impan'd and sworn, to wit.

1—David Mitchell.
2—Christopher Barbee.
3—John Douglas.
4—Heydon Pryor.
5—John Lea.
6—George Lea.
7—Joseph Allison.
8—James Wilkinson.
9—James Saunders.
10—John Armstrong.
11—Stephen Serjant.
12—John Tinning.

Who brought in their verdict as follows, to wit, We find the defendant guilty in manner and form set forth in the indictment.

The King
vs.
John Philip Hartso. } Indictment for Rout, etc. Plea, not guilty.

Same Jury as above being impan'd and sworn, find the defendant guilty.

Dennice Bradley, who stood indicted on suspicion of having burned the public gaol of Granville County, having been acquitted by the Petit Jury, & it being deemed by the Court that he was not able to pay the fees of the indictment, together with sundry others, occasioned by his being indicted in the district of Halifax, it was ordered by the Court that he be discharged, etc.

Court adjourned till tomorrow 9 o'clock.

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Saturday October 1st.

Court met according to adjournment

Present
The Honorable Martin Howard Esqr
The Honorable Maurice Moore Esqr &
The Honorable Rich'd Henderson Esqr

Francis Nash, Esq, came into Court and acknowledged himself indebted unto our Sovereign Lord the King, his heirs & successors, in the sum of five hundred pounds proc. money, to be levied on his goods and chattels, lands & tenements, but to be void upon condition that he make his personal appearance at the next Superior Court of Justice to be held for the district of Hillsboro at the Court house in Hillsboro on the 22nd day of March next, then & there to abide by the judgment of the said Court, & not depart without leave thereof.

Abner Nash and Edmund Fanning, Esqrs, came into Court and acknowledged themselves indebted unto our Sovereign Lord the King, his heirs & successors in the sum of two hundred and fifty pounds proc. money each to be levied upon their goods & chattels, lands & tenements, but to be void upon condition that Francis Nash, Esqr., make his personal appearance at the next Superior Court to be held in the district of Hillsboro on the 22nd day of next March, then & there to abide by the judgment of the said Court, and not depart without leave thereof.