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Minutes of the New Bern District Court of Oyer and Terminer, including court docket
North Carolina. Special Court of Oyer and Terminer
February 02, 1771 - February 28, 1771
Volume 08, Pages 507-511

[From MS. Records in Office of Secretary of State.]


North Carolina

Newbern District Ss.

At a Special Court of Oyer and Terminer & General Gaol Delivery began and held at Newbern in the District aforesaid, on Saturday the second day of February A. D. 1771, and in the eleventh year of his Majestys Reign.

Present
The Honble Martin Howard Esqr Chief Justice.

After the several Proclamations were made the Honble Martin Howard Esqr produced from his Excellency William Tryon Esqr

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Governor, Captain General and Commander in Chief in and over the Province aforesaid, a Commission of Oyer and Terminer and General Gaol Delivery, which was read accordingly.

John Cooke produced a Commission from the Honble Robert Palmer Esqr constituting and appointing him the said John Cooke Clerk of the Crown in the Superior Court of Justice for the District of Newbern aforesaid, who took the Oaths prescribed by Law and subscribed the Test.

Court adjourned till Thursday the seventh February 10 o'clock.


Thursday 10 O'clock.

The Court met according to adjournment.

Present
The Honble Martin Howard Esqr Chief Justice.

The Sheriff of Craven County returned the following Persons for Grand and Petit Jurors, viz,

John Greene
William Tisdale
Timothy Clear
Bartholomew Rooke
George Fisher
William Banks
Samuel Frazier
James Coor
John E. Tomlinson
James Stevenson
Robert Burney
Levi Gill

Court adjourned till Friday 10 o'clock.


Friday 8th February.

Court met according to adjournment.

Present
The Honble Martin Howard Esqr Chief Justice.

The Coroner of Pitt County returned the following Persons for Grand and Petit Jurors, viz,

James Lanier
Benjm Ellis
John Fulford
William Jones
John Hardey
Samuel Tison
Henry Jones
William Baldwin
Jesse King
Martin Nelson
Benjm Rendal
Thomas Goff

Ordered that Samuel Tison be exempted from attending this Court as a Juror.

Ordered that Martin Nelson be exempted from attending this Court as a Juror.

William Brimage Esqr produced a Commission from Thos McGuire Esqr constituting and appointing him the said William Brimage Deputy Attorney in behalf of the Crown for its District of New

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Bern in the Court of Oyer & Terminer & General Gaol Delivery who took the Oaths and subscribed the Test agreeable to Law.

Ordered that Benjamin Ellis be exempted from attending this Court as a Juror.

The following Persons were appointed Grand Jurors, viz,

James Davis,
Foreman Bartholmew Rooke
Brice Fonville
James Coor
Samuel Frazier
John Dawley
John Greene
William Tisdale
William Jones
William Banks
George Fisher
Henry Jones
Joseph Sharp
John E. Tomlinson
Robert Burney
Alexander Gaston
James Stevenson
John Greene, Sch'lm'tr

Court adjourned till 4 o'clock P. M.

Court met according to adjournment.

Present—The Honble Martin Howard Esqr Chief Justice.

The Sheriff of Beaufort returned the following persons for Grand and Petit Jurors, viz,

John Warwick
William Boyd
Sweating Bond
John Woodard
Richard Oden
William Peyton
Stephen Worsby
Henry Lockey
William Daw
Samuel Barrow
Coleman Roe
Moses Poole

Ordered that Samuel Barron be exempted from attending this Court as a Juror.

A Bill of Indictment was prefered against Herman Husband for a Libel, the Grand Jury aforesaid returned no Bill and the said Herman Husband was discharged by Proclamation.

Court adjourned till Saturday 10 oClock.


Saturday 9th

Court met according to adjournment.

Present—The Honble Martin Howard Esqr Chief Justice.

The Coroner of Hyde County presented the following Persons for Grand and and Petit Jurors, viz,

James Eborne
Benjamin Hollowell
Thomas Gaylard
Moses Windley
Thomas Windley
Israel Wilkinson
Joseph Gurganus

Court adjourned till Thursday 10 oClock.


Thursday 14th

Court met according to adjournment.

Present—The Honble Martin Howard Esqr Chief Justice

Court adjourned till Tuesday the the 19th 10 oClock.

-------------------- page 510 --------------------


Tuesday 19th

The Court met according to adjournment.

Present—The Honble Martin Howard Esqr Chief Justice.

The Court adjourned to Monday the 25th 10 oClock.


Monday 25th

The Court met according to adjournment.

Present—The Honble Martin Howard Esqr Chief Justice.

Ordered that John Hardy be exempted from attending this Court as a Juror.

The Court adjourned till tomorrow 10 oClock.


Tuesday 26th.

The Court met according to adjournment.

Present—The Honble Martin Howard Esqr Chief Justice.

The Court adjourned till tomorrow 10 oClock.


Wednesday 27th.

Court met according to adjournment.

Present—The Honble Martin Howard Esqr Chief Justice.

Court adjourned till 4 oClock P. M.

Court met according to adjournment at 4 oClock.

Present—The Honble Martin Howard Esqr Chief Justice.

The Court adjourned till tomorrow morning 10 oClock.


Thursday 28th.

The Court met according to adjournment.

Present—The Honble Martin Howard Esqr Chief Justice.

The King vs. David Butler Grand Larceny.

The following Persons were impanelled and sworn the Truth to speak on the Issue joined between our Sovereign Lord the King and David Butler, viz,

Timothy Clear
Jesse King
Stephen Worsley
Levi Gill
James Lanier
William Boyd
William Baldwin
John Warwick
Richard Oden
John Fulford
John Woodard
James Eborne

upon their Oaths did say that the said David Butler is not Guilty. It is therefore ordered by the Court that the said David Butler be discharged upon paying Fees.

The Court adjourned Sine Die.

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Crown Prosecutions at a Special Court of Oyer & Terminer & General Gaol Delivery held at Newbern 2d February 1771.

PARTIES NAMES.
INDICTMENT.
EVIDENCES FOR REGE.
RETURN.
RECOGNIZANCES.
1
The King vs. Herman Husband
Libel
James Davis James Greene
No Bill
2
The King vs. Matthew Hamilton
Riot
John Litteral
A true Bill
3
The King vs. David Butler
Grand Larceny
Joseph Davis Edney Beettey Richard Cogdell
A true Bill
Not Guilty.
4
The King vs. Joseph Davis
Recognizance for £20 Proc. money.
5
The King vs. Edney Beettey
Recognizance for £20 Proc. money.