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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
March 11, 1771 - March 16, 1771
Volume 08, Pages 528-532

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


North Carolina

Newbern District Ss.

At a Special Court of Oyer & Terminer and General Gaol Delivery began and held at Newbern in the District aforesaid on Monday the eleventh Day of March A. D. 1771, in the eleventh year of his Majesty's Reign,

Present
The Honble Martin Howard Esqr Chief Justice.

After the several Proclamations were made the Honble Martin Howard Esqr Chief Justice produced a Commission from His Excellency William Tryon Esqr empowering him the said Martin Howard, Maurice Moore & Richard Henderson Esqrs to Hold a Court of Oyer & Terminer & General Gaol Delivery in the District of Newbern which was read accordingly.

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

Joseph Leech,
Richard Cogdell,
Charles Crawford,
Jacob Blount,
James Greene Senr,
Thomas Webber,
Thomas Haslin,
John Fonville Senr,
Edward Franck,
John Hawkes,
Samuel Smith,
John Turner.

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

Wm Thompson Esqr,
William Dennis,
Ross Bell,
Robert Reed,
George Brinharris,
Elijah Piggot,
Malachi Bell,
Joseph Fulford,
Zachariah Harker,
John Whitehouse,
George Bell,
James Harker.

The Court adjourned till Tuesday morning 10 o'clock.


Tuesday 12th.

The Court met according to adjournment.

Present
The Honble Martin Howard Esqr Chief Justice
The Honble Maurice Moore Esqr Associate Justice.

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

Richard Caswell
Stephen Blackman
Joseph Greene
Francis McIlwean
William Whitfield Jr
Jesse Jernagan
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Thos Torrance
James Glasgow
Constantine Whitfield
Simon Bright
Jesse Cobb
Benjamin Griffin

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

John Simpson Esqr
Edward Salter
James Alberson
Amos Alkerson Esqr
Richd Evans Esqr
Richard Allen
Robert Daniel Esqr
Isiac Eason
Thomas Alberson
Benjn Bowers Esqr
Aaron Tison
Brittain King

Court adjourned till tomorrow morning 10 o'clock.


Wednesday the 13th

Court met according to adjournment.

Present
The Honble Martin Howard Esqr Chief Justice.
The Honble Maurice Moore Esqr Associate Justice.

Court adjourned till Thursday morning 10 o'clock.


Thursday 14th.

Court met according to adjournment.

Present
The Honble Martin Howard Esqr Chief Justice.

Ordered that the List of Constables be called.

The Court adjourned till to morrow morning 10 o'clock.


Friday 15th.

The Court met according to adjournment.

Present
The Honble Martin Howard Esqr Chief Justice.
The Honble Maurice Moore Esqr Associate Justice.
The Honble Richd Henderson Esqr Associate Justice.

The Presentment of the Grand Jury of the District of Newbern.

Whereas a number of unthinking and deluded People, inhabitants of the county of Orange and of the neighbouring counties in this Province, under the influence and direction of several Wicked, Seditious, Evil Designing and disaffected Persons have assumed to themselves the Title of Regulators and in open Defiance of the Law of the Land, in great Numbers, under Arms, assembled together, violently resisted insulted and beat the sheriffs and other officers in the execution of their Office and expressly refused to pay their

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shares of the Public Taxes laid by the General Assembly of the Province for the support of Government, and at the last superior Court of Justice held for the District of Hillsborough in the month of September last, assembled together, in a riotous and tumultuous manner, barbarously insulted and broke up that Court, cruelly beating and wounding the Officers thereof, destroying and pillaging the Houses of such Persons who were obnoxious to their Ringleaders and have lately assembled themselves in great numbers armed and arrayed in warlike manner and publickly avowing their intention of Marching to Newbern and of carrying into execution by Force their hostile measures.

We, the Grand Jury of the district of Newbern being throughly sensible that actions and attempts so execrable and mischievous (if permitted) are plain usurpations of the Power of the Legislature, substituting in its place armed and lawless Force, and thereby leaving as a prey to the stronger the lives, liberties and properties of our weaker fellow subjects, and that honest industry can have an existence only no longer than property, which is the Fruits of it, is secured by fixed and established Laws. And we being fully and perfectly sensible of the great happiness and liberty which the subjects of this Province do enjoy under his Majestys gentle and benign Administration thereof and that such flagitious crimes, in proportion to the success of them, must necessarily be subversive of the invaluable Blessings, and introductive of Anarchy and Confusion, Do therefore present all such wicked, seditious, evil, designing and disaffected Persons, who under the Title of Regulators have hitherto perpetrated or attempted to perpetrate or may hereafter attempt to perpetrate such enormous crimes or Offences, as being enemies to his Majestys Person and Government, and to the liberty, happiness and tranquility of his good and faithful subjects of the Province.

Given under our hands and seals this 15th Day of March in the year of our Lord 1771.

Ordered that a Copy of the Presentment be sent to the Printer and published in the Public Gazette.

The Court adjourned till to morrow 10 o'clock.


Saturday 16th.

The Court met according to adjournment.

Present
The Honble Martin Howard Esqr Chief Justice.

The Court adjourned Sine Die.

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Crown Prosecutions at a Special Court of Oyer and Terminer and General Gaol Delivery held at Newbern the 11th Day of March 1771.

1—The King vs. John Fruit. Riot A. B—a true Bill.

2—The same vs. Matthew Hamilton. Same.

3—The same vs. Eli Branson. Same.

4—The same vs. Thomas Hamilton. Same.

5—The King vs. Moses Smith. Riot.

6—The King vs. James Low. Same.

7—The King vs. Daniel Smith. Same.

8—The King vs. Jeremiah Fields. Same.

9—The King vs. John Pugh. Same.

10—The King vs. Samuel Deviney. Same.

11—The King vs. William Dunn. Same.

12—The King vs. Henry Linteman. Same.

13—The King vs. Thos Wilborne. Same.

14—The King vs. William Butler. Same.

15—The King vs. Ninion Bell Hamilton. Same.

16—The King vs. Ninion Hamilton. Same.

17—The King vs. Peter Craven. Same.

18—The King vs. William Payne. Same.

19—The King vs. Thos Wilborne. Same.

20—The King vs. Samuel Dibury. Same.

21—Same vs. Henry Linterman. Same.

22—Same vs. Samuel Deviney. Same.

23—Same vs. Eli Branson. Same.

24—Same vs. Ninion Hamilton. Same.

25—Same vs. John Fruit. Same.

26—Same vs. Peter Craven. Same.

27—Same vs. James Lowe. Same.

28—Same vs. Herman Husband. Same.

29—Same vs, James Hunter. Riot A. B.—A true Bill.

30—The same vs. William Butler. Same.

31—The same vs. Thomas Hamilton. Same.

32—The same vs. John Pugh. Same.

33—The same vs. Jeremiah Fields. Same.

34—The same vs. Ninion Bell Hamilton. Same.

35—The same vs. William Butler. Felony—a true Bill.

36—The same vs. John Grappen. Same.

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37—The same vs. Samuel Deviney. Same.

38—The same vs. James Hunter. Same.

39—The same vs. Matthew Hamilton. Same.

40—The same vs. James Few Jr. Same.

41—The same vs. William Payne. Riot A. B.—a true Bill.

42—The same vs. Aaron Harland Senr. Same.

43—The same vs. Reuben Landrum. Same.

44—The same vs. Richard Copeland. Same.

45—The King vs. Richard Copeland. Same.

46—The King vs. Aaron Harland Senr. Same.

47—The King vs. James Binnum. Same.

48—The King vs. Rednap Howell. Same.

49—The King vs. James Hearndon. Same.

50—The King vs. Samuel Culberson. Same.

51—The King vs. Reuben Landrum. Same.

52—The King vs. Patrick Crayton. Same.

53—The King vs. Patrick Crayton. Same.

54—The King vs. Rednap Howell. A true Bill.

55—The King vs. William Butler. A true Bill.

56—The King vs. Peter Craven. A true Bill.

57—The King vs. John McDaniel. A true Bill.

58—The King vs. Rednap Howell. A true Bill.

59—The King vs. Matthew Hamilton. A true Bill.

60—The King vs. Rednap Howell. A true Bill.

61—The King vs. Robinson York. A true Bill.

62—The King vs. Daniel Smith. A true Bill.

Ralph McNair, Adlai Osborne, Carnes Tinnen, Robert Tinnen, Darby Henley, Philip Jackson, Basil Jackson, Barnab G. Cabe, Josiah Lyon, John Hogan, James Thackston, John Butler, John Henley, Nathaniel Turner and Jacob Mason severally recognized to make their personal appearance on the eleventh Day of May next to give evidence in Behalf of the King against John Fruit upon the Penalty of £200 Proc Money.