Charlotte County Court Orders Book 14
Submited by Tom McCargo 2 July 1999




COURT ORDERS - CHARLOTTE COUNTY, VA

BOOK FOURTEEN 1803 - 1805





4 March 1803

Pg 2 A grand Jury is impanelled which includes Miles Bottom and returns the following indictments:

Robert Crofton for swearing 3 oaths at the house of Mrs. Frances Terry, the 1st day of this month by the information of George Dabbs and Richard Dabbs Jnr.

Joshua Foster for getting drunk at the house of Mrs. Frances Terry, the 1st day of this month by the information of George Dabbs and Richard Dabbs Jnr.

Giles Taylor for profane swearing one oath at the house of Mrs. Frances Terry, the 1st day of this month by the information of George Dabbs and Richard Dabbs Jnr.

Pleasant Crenshaw and Robert Lammons for gaming at the house of William Mullins, the 1st day of this month by the information of William Mullins.

Joseph Hailey and Mary May for living in fornication, by the information of Claiborne Clements and Philip Cheaney.

Thomas Toombs, William Toombs, John Moore,Jnr, William Moore and Pierce Bareback for hunting and shooting deer on Sunday the 20th day of February, by the information of Paul Redd.

Thomas Sumpter and Nancy Carrville for living in fornication, by the information of Henry Harris.

John M'Michael and Phoboe Folly for living in adultery, by the information of William Adams (1)



Pg 2 Levy Blankenship, adm'r of Nelson Calvert, Plaintiff vs James Arnold, Defendant - a suit in covenant.

James Arnold comes into court and undertakes for the defendant . . etc. On the motion of the defendant, by his atty, who pleads covenant performed, to which the plaintiff replies generally, and the defendant rejoins. Ordered that the judgement obtained in the office be set aside and comes a jury . . . who finds the plaintiff sustained damages by occasion thereof to 44/04/00 besides his costs.

Atty 250 clk 696 shf 273 tax 50 wit 106 fifa 12 Mar 1803



Pg 11 Pleasant Robards, Stephen Robards, Joshua Robards, William Robards, Arthur Robards, Fanny Irby, who was Fanny Robards, Judy Chandler, who was Judy Robards; children of Martha Robards who was Martha Womack; Plaintiffs vs Thomas Womack, adm'r of William Womack, dec'd, and William Womack, son of Francis Womack, dec'd, Avery Womack, Elizabeth Cauthorn, who was Elizabeth Womack, John Spraeling and Mary his wife, which sd Mary was Mary Womack; children of Abraham Womack, dec'd, William Womack, Mary Owen, who was Mary Womack, and Martha Womack; children of Johann Womack and Francis Rice, Thomas Rice, Samuel Rice, Abraham Rice, Johann Rice, Fanny Rice, Molly Cheatham who was Molly Rice, Elizabeth Puckett, who was Elizabeth Rice; children of Sarah Rice, dec'd, who was Sarah Womack, Francis Hamilton, Daniel Owen & Mary his wife, who was Mary Hamilton, children of Judy Hamilton, who was Judy Womack, Mary Mann, who was Mary Womack, Josiah Hatchett, Joseph Talbot and Martha, his wife who was Martha Hatchett, Judith Funkening, who was Judith Hatchett, and William Hatchett, children of Elizabeth Hatchett who was Elizabeth Womack; Defendants - a suit in chancery.

. . . ordered that the land and slaves be sold and the proceeds be divided into nine parts , one ninth to the heirs of Martha Robards; one ninth to Thomas Womack; one ninth to William Womack, son of Francis Womack; one ninth to the heirs of Abraham Womack; one ninth to the heirs of Johann Womack; one ninth to the heirs of Sarah Rice; One ninth to the heirs of Judith Hamilton; one ninth to the heirs of Elizabeth Hatchett; one ninth to Mary Mann -- brothers & sisters of the intestate.



3 May 1803

Pg 25 Joseph Venable is appointed master commissioner, to examine and state the accounts in all cases in chancery depending in the sd court in which it may be deemed necessary to refer the account of parties litigate, and to return the same in his report.



Pg 30 Commonwealth vs Thomas Almond - on a presentment of the Grand Jury made 3 May 1802 for disturbing the preacher and congregation at Ash Camp Meeting House the 25th of December 1801.

Came a jury . . . find the defendant not guilty and ordered to be dismissed. (2)



Pg 32 Ordered that Henry A. Watkins, Gordon Spenser, James Daniel, Thomas Read & William A. Morton, the persons appointed to contract for making repairs to the Court House railing in the yard, and the building of a connett(sic) over the front door, do contract for the building of a porch or piazza at the front door of the Court House, instead of a connett and that the undertaker be allowed for the same in the next county levy.



Pg 32 Commonwealth vs Pleasant Crenshaw - on a presentment of the Grand Jury made 7 March 1803 for unlawful gaming.

Came a jury . . . find the defendant not guilty and ordered to be dismissed.





6 June 1803

Pg 40 An indenture between David Blankenship & Nancy his wife one the one part and Lillous (?) Womack one the other part.



Pg 41 On the motion of Levi Blankenship, his ordinary license is renewed . . . he with George Haynes, his security . . . etc.



Pg 42 The account current of the estate of John Sullivant was this day reported by commissioners appointed.



Pg 43 John McCargo is appointed Surveyor of the Road whereof Loyd Portwood was late surveyor, and it is ordered that he, with the same hands do forthwith clear and keep the same in repair.



Pg 46 A court held fort the trial of Moses, a Negro man slave belonging to Edward Moseley, charged with breaking and entering the storehouse of James Hamlett, stealing, taking and carrying away one piece of muslin, five handkerchiefs, one pair of stockings, one fan, one paper of pins, one bunch of ribons(sic), one pair of cards, of the goods and chattels of the sd James Hamlett, of the value of 15 dollars.

Joseph Venable, prosecuting,defended by William Watkins and Thomas T. Bouldin, pleads not guilty. On consideration thereof, it is the opinion of the court that, the sd Moses is guilty of stealing goods under the value of four dollars, and that for the sd offense he be burnt in the hand at the bar, in open court, and receive thirty-nine lashes on his bare back, well laid on, at the public whipping post.



4 July 1803

Pg 47 On the motion of William Slaughter, to have the cause of his crop of the ear recorded. On hearing the testimony of Levy Blankenship, who on oath, saith before the court, that the right ear of the sd William Slaughter was bit off as appears to him, in a fight between the sd Slaughter and Hood Nance. Ordered that the same be made a matter of record.



1 August 1803

Pg 52 Amy Sullivant, orphan of John Sullivant, dec'd, came into court, and being of lawful age for the purpose, made choice of Griffin Dodd, as her guardian, who is accordingly appointed. Whereupon he together with Willaim L. Morton and Henry Sullivant his securities, . . . etc. (3)



Pg 52 On the motion of William Dupree, ltrs of admr in the estate of James Rice, dec'd, is granted him ... David McCargo and Francis Barnes, his securities. Rebecca Rice, widow of the testator by letter addressed to the court having relinquished her right to admr the sd estate.

Ordered that Langston Bacon, John McCargo, Thomas Cheaney and James McCargo, or any three of them, do appraise the slaves and personal estate of James Rice and report the same to the court.



Pg 52 Commonwealth vs Thomas Toombs - on a presentment of the Grand Jury made 7 March 1803 for shooting deer on Sunday.

Ordered to be dismissed. (4)



Pg 53 A Grand Jury is impanelled with Francis Barnes, Foreman . . .

Thomas Baugh and Christopher Robertson for unlawful gaming at John Snead's Ordinary on Monday the 30th day of May and Tuesday the 31st, by information of William Collins, James Brown, Jnr and Claiborne Clements.



Pg 55 Jane Maddox, widow of Davis Mattox and Francis Ryan & Patsy, his wife, one of the daughters of the sd David Mattox; Plaintiffs vs John Daniels, adm'r of David Mattox, dec'd, and David Mattox, Michael Mattox, John Mattox and Jimmy Mattox, of which the sd Jimmy is an infant under the age of 21 years, all children of the intestate David Mattox, dec'd; Defendants - a suit in chancery.



Pg 56 Commonwealth vs John M'Michael - on a presentment of the Grand Jury made 1 November 1803 for living in adultery with Phoboe Folly.

On hearing as well the defendant, by his atty, as the Atty for the Commonwealth, the presentment is ordered to be dismissed.



Pg 61 Ezekiel Mann, Plaintiff vs James Brooks, Defendant - case law

Jury which includes John McCargo finds for the defendant. Suit is dismissed with costs to the plaintiff. atty 250 clk 323 shf 63 wit 477



Pg 61 Polly Sullivant, et al, Plaintiffs vs John Petty, et al Defendants, - A suit in Chancery (4 March 1799)

The Commissioners appointed under the interlocutory order made in thais cause, to make sale and distribution of the estate therein mentioned, this day made their report in these words:" Pursuant to the within decree and order of the court of Charlotte County, we have sold the land in the decree mentioned to John Haynes, for the sum of 183/6. and proceeded also to sell the remaining property, and have made a division of the proceeds of the sd sale and of money in the hands of the adm'r, among the several heirs of the sd John Sullivant, amounting to the sum of 82/7/3 and 3 farthings, to each heir." Given under our hands this 1st day of August 1803. Stephen May, Robert Bedford, William Thweatt.

It is ordered that the division of the money . . . in the hands of the adm'rs stand and be established and made firm, and that the commissioners convey the land in fee simple. Whereupon the defendants James and Henry Sullivant shall within the time limited by law, show cause to the contrary. Atty 500 shf 288 clk 893 Printer's fee for publish 283





Pg 66 Philip Goode Plaintiff vs John Kersey, Irvin Woods & Ursella his wife, James Anderson & Sally his wife, Elisha Kersey, Polly Kersey, Elijah Kersey, Norman Kersey and Thomas Kersey, Defendants - a suit in chancery

The defendants not being inhabitants of this county, it is ordered this decree be published in one of the Virginia Gazettes for two months consecutively.



5 September 1803

Pg 76 The nuncupative will of Edward Goode, was produced in court and John M M'Quie & Thos Goode, two of the subscribing witnesses thereto, personally appeared in court and being sworn on oath saith: that the sd Edward Goode departed this life the 3rd day of May, the present year at his own house in the sd county, and a few hours previous to his death, in his last sickness, the sd Edward Goode declared the words expressed in the writing, to be his last will and desired the persons present to bear testimony that such was his will. or words to that effect, that the same was committed to writing the same day, in the presence of the subscribing witnesses, which nuncupative will is established by the court and ordered to be recorded. On the motion of Mack Goode, and William Goode the brother of the testator, certificate is granted them ltrs of admr of the sd estate, in due form, with will annexed ... they with Reps Osborne, their securities etc ... Joice Goode, widow of the testator, having first, by her letter addressed to this court desired that the admr should be granted the sd Mack Goode & William Goode.



Ordered that Harmon Elam, John Roberts, Sam'l Weatherford and Edmond Almond or any three, being first sworn for that purpose do appraise in current money the slaves and personal estate of Edward Goode in Charlotte Co.



Ordered that Wm Barksdale, Rich Handurard, Edward Delony and Robt Fox or any three, being first sworn for that purpose do appraise in current money the slaves and personal estate of Edward Goode in Mecklenburg Co.



Pg 78 Langston Bacon, guardian for Thomas Brooke, orphan of George Brooke, produced in court a receipt in full of his guardianship.



Pg 79 David McCargo, guardian for Peggy Sullivant, orphan of John Sullivant produced in court a receipt of Griffin Dodd, who hath intermarried with the sd Peggy Sullivant, in full of his guardianship.



Pg 79 John Roberts guardian's accounts against the estate of Amy Sullivant, orphan of John Sullivant, dec'd, referred to Stephen May, Langston Bacon and Hilliary Moseley to examine and report the same to the court.



Pg 82 An indenture between the Overseers of The Poor on the one part and Thomas Cox on the other part (5)



Pg 84 Susannah Cheaney. the widow of William Cheaney, who died intestate, Rueben Coucher & Elizabeth his wife, Willaim Brooke and Anne, his wife, William Cheaney, Leonard Cheaney, James Cheaney, Rueben Cheaney, Henry Cheaney, Willaim Crenshaw & Catherine, his wife, Penelope Cheaney, Susannah Cheaney, and Moses Cheaney, of which sd Penelope, Susannah and Moses are infants under the age of 21 years and are represented by William Cheaney, their next friend; Plaintiffs vs Thomas Cheaney and Philip Cheaney adm'rs of Willaim Cheaney, dec'd; Defendants - a suit in chancery



7 November 1803

Pg 88 An Indenture between Thomas Brooke and Elizabeth, his wife on the one party and James Callicott of the other . . . the sd Elizabeth, being first privately examined, relinquishes her right to dowry thereof and ordered to be recorded.



Pg 89 On the motion of Richard Booker (commonly called Hickory Dick) and William Hubard, setting forth that some time ago they became sureties to this court for William Mackey and Thomas Mackey, for the faithful execution of the last will & testament of Samuel Fuqua . . . do pray counter security.



Pg 93 Elizabeth Finch, widow of John Finch and John Booker & Mary, his wife; Plaintiffs vs John Puryear, adm'r of John Finch, dec'd, and Adam, Rebecca, John Jnr, and William Finch, infants under the age of 21 years; Defendants - Chancery

Ordered that the commissioners appointed . . . sell the slaves and personal estate of John Finch, who died intestate.



Pg 93 Richard Anderson, George Moore & Polly, his wife, and Susannah Anderson, an infant under the age of 21 years, by Richard Anderson, her next friend; Plaintiffs vs James Anderson, son of William Anderson, dec'd, and Mary Anderson widow of the sd William; Defendants - a suit in chancery



Pg 101 On the motion of Permelia Grady, who made oath before the court, that she was in fear of her life, or some bodily hurt be done to her, by Fielding Boley, of the sd county. Therefore it is ordered the Sheriff take into his custody the body of the sd Boley . . . until he make security, the sd Boley 500 dollars and two securities in the sum of 250 dollars each.



Pg 101 Commonwealth vs Joseph Hailey - on a presentment of the Grand Jury made 7 March 1803 for living in formication with Mary May.

A jury hears the presentment and returns a verdict of not guilty. Ordered to be dismissed. (6)



Pg 102 An Indenture between Andrew Blankenship and Margaret, his wife; Sarah Bardine, Martha Bardine and Lucy Bardine; of the one party and James Bardine and Willaim Bardine of the other.





5 December 1803

Pg 107 The last will and testament of John Rawlins, dec'd, presented in court, and Edward Almond one of the executors named in the will, renounced in open court the burthen of the execution thereof. On hearing the testimony of Robert McCargo, John McCargo and William Milam, the three witnesses thereto subscribing, as well as the testimony of Edward Almond, ordered that the will be admitted to record.



2 January 1804

Pg 109 An Indenture between Levy Blankenship of the one party and Holcoat Palmer of the other.



6 February 1804

Page 115 John Finch, Edward Finch, James Finch, Powell Finch, Elizabeth P. Finch and Mary Finch, orphan children of Edward Finch, dec'd, who sue by Langston Bacon, their next friend; William Finch, son of Adam Finch Jnr, Mary Finch, Rebecca Finch, John Finch and William Finch, orphan children of John Finch, dec'd, who sue by Langston Bacon, their next friend; Plaintiffs vs Thomas Finch and Zachariah Finch, exors of Adam Finch, dec'd; Defendants - a suit in chancery (7)

It is ordered and decreed that the slaves and personal estate of Mary Finch, dec'd, late the widow of Adam Finch, which she died possessed as devisee to her for life under the will of the said Adam Finch . . .be divided in a fair and equable manner, and 1/6th part be alloted to the orphans of the said Finch, 1/6th to William Finch, 1/6th to the orphans of the said John Finch, 1/6th to Anne Elliott, wife of Martin Elliott, and the remaining 2/6th in equal division to each of the defendants, Thomas & Zachariah Finch.

Pg 116 Clement Williams, Stephen Williams, Maggie Williams, Elijah Williams and Jesse Williams, infant children of Elisha Williams by his late wife Rebecca, who was the daughter of Jonas M'Kinney, who sue by their next friend, the sd Elisha Williams, Plaintiffs vs John M'Kinney son of Jonas M'Kinney, dec'd. Defendant - a suit in chancery.

Ordered and decreed that a division of the land of which the intestate died seized, containing about 120 aces, lying in the sd county.



Pg 117 Daniel Hankins, George Foster & Sally his wife, Jeremiah Walker & Amey his wife, David Hartfield & Peggy his wife, which sd Daniel, Sally, Amey and Peggy are children of John Hankins, dec'd; Plaintiffs vs Robert Hankins, Polly Hankins, William Hankins, infant children of the sd John Hankins. Susannah Woodall, and Daniel Woodall, infants under the age of 21 years, and children of Elizabeth Woodall, one of the daughters of the sd John Hankins, by James Woodall, their father and guardian; Defendants - a suit in chancery.

It is ordered that the land which was devised to the sd John Hankins by his father Daniel Hankins containing about 400 acres . . . adjoining the land formerly belonging to Col. Thomas Read and others on the waters of Little Roanoke . . . etc.



6 March 1804

Pg 127 Peter Birthright, William Birthright, Russell Brown & Prudence his wife, Robert Moseley & Sophia his wife, Lemuel Birthright, Polly Birthright, Nancy Birthright, Lizza Birthright, who sue by William Walker, their next friend, and Mary Birthright, widow and relict of Zachariah Birthright, dec'd, Plaintiffs vs John Gardener, adm'r of Zachariah Birthright, dec'd, Defendant - a suit in chancery.

It is ordered the defendant retain in his hand, sufficiency of the intestate's estate to pay this debt now known. (8)



Pg 131 Levi Blankenship, Plaintiff, vs Edward Keeling, Defendant - a suit in debt

The defendant relinquishing his plea, it is considered by the court that the plaintiff recover against the defendant 2,000 pounds of nott(sic) tobacco at Petersburg, the debt in the declaration mentioned, and his costs in his behalf expended . . . but the judgement is to be discharged by payment of 1,000 pounds weight of like tobacco with interest from the 1st of May 1803. atty 250 clk 318 shf 63 tax 50 fifa 10 Mar 1804



Pg 134 Henry Embry Scott, one of the sons and legatees of Thomas Scott, dec'd, who sues by Isaac Read, his next friend; Plaintiff vs William Scott, and infant son and legatee of the sd Thomas Scott, Defendant - a suit in chancery

It is ordered and decreed that immediately after the eleventh day of April next, at which period the plaintiff will be of the age of 21 years, that a division of that part of the land and slaves and personal estate devised by the testator be made.



24 April 1804

Pg 144 In a court held for Charlotte County the 24th day of November, in the year of our Lord 1804, for examination of John Matthews, a free mulatto who stands charged with being guilty of stealing, taking and carrying away two hilling hoes, one poleaxe, one coulter, two bags of indian corn, one bag of fodder and potatoes and two turkeys, the property of Anne Elliott; - one turkey, the property of Robert Beaufort; and for feloniously taking and carrying away from the possession of William Watkins and of his property, corn meal, flower and meat.



SUMMARY: He pleads guilty and is bound over "to be further prosecuted for the sd offense and that the same is cognizable before the county court." His recognizance "of ten dollars and a security of five dollars" are Ephriam Bouldin and Christy Daniels.

Next follows the trial of "Diller, a Negro woman slave, charged with the same offense. She is defended by Thomas T. Bouldin and " . . . is found guilty of the offense aforesaid, and that the offense is within the benefit of clergy and to her granted. Therefore it is ordered that the sd Diller be burnt in the hand in open court and receive five lashes on her bare back at the public whipping post, thence to be discharged."



5 May 1804

Pg 145 John Matthews, who stands bound in the penalty of ten dollars and Christy Daniels and Ephriam Bouldin securities of five dollars each for the said Matthews' personal appearance this day to answer the Commonwealth in the felony of which he is charged; was solemnly called but came not, which is ordered to be certified.



Pg 150 Aminidab Sackright Plaintiff vs Ferdinando Dreadnought, Defendant - in escheasment for one inssuage, one plantation, 209 acres of land with appurtances in the county of Charlotte, of the demise of William Brooke.

This day came the plaintiff, by his atty, and it appearing to the court by the affidavit of James Cheany that Dudley Brooke, tenet in possession of the premises, hath been served copy of the plaintiff's declaration and the note thereunder written, and not appearing though solemnly called, it is ordered that unless he do appear here at the next court and make himself defendant in this suit in room of the sd Dreadnought and plead the general issue, he confesses the lease entry & ouster supported and judgement shall be given for the plaintiff, and a commonwealth writ of Habeas Facias Prossessionem awarded. (9)



4 June 1804

Pg 162 The commissioners appointed to lay off and assign to Anne Ashworth, widow of Samuel Ashworth, dec'd, her dower in the lands, slaves and personal effects of the sd Samuel, this day made their report "by consent of the legatees, they being present, do consent that the widow, Anne Ashworth, remain in peaceable possession of all of the land during her life, except a small parcel sold Joel Ashworth on the south side of Sandy Creek, beginning on the creek at a small drain near his house, thence a new line to Brizendine's and Callicott's lines, thence to the creek and down the same to the beginning. supposed to be about 50 acres."



7 July 1804

Pg 170 In a court held for Charlotte County the 7th day of November, 1804, for trial of Squire, a Negro man slave, the property of Arthur Carr, charged with plotting and conspiring to murder Edward Downing, being then and there on the highway, did on the 24th day of June last past, strike the sd Edward on the forehead with a stone, with an intent, him the sd Edward, to murder and kill, and also did feloniously rob the sd Edward, on the sd highway, of a hair comb of the value of two shillings. Joseph Venable prosecuting for the Commonwealth and Richard N Venable assigned by the court in his defense, sundry witnesses were sworn, examined and heard. On consideration thereof, it is the opinion of the court, that the prisoner is not guilty of the intention of murdering and robbing the sd Edward, but is guilty of striking him as is against him charged. Whereupon it is ordered that for the sd offense he receive thirty lashes at the common whipping post and be discharged.



6 August 1804

Pg 127 A Grand Jury is sworn, Francis Barnes, Foremen includes Hezikiah McCargo and Miles Bottom.



Pg 173 Thomas A. Cromer, infant son of Dorthea Cromer, the daughter of Edward Ragland, dec'd; Plaintiff vs William Elmore & Sally his wife, late Sally Ragland, Thomas Ragland, Nancy Ragland, William Bowler & Polly his wife, late Polly Ragland, ---- Bledsoe & Agnes his wife, late Agnes Ragland, Betsy Ragland, John Clark & Elsy his wife, late Elsy Ragland; Defendants - a suit in chancery

John Clark and Elsy his wife not entering their appearances as they are not inhabitants of this county.



3 September 1804

Pg 185 Amindab Sackright, leasee of William Brooke vs Dudley Brooke - a suit in ejectment filed 5 May 1804

The parties and persons mutually submit all matters in difference between them in this suit for final determination of Mack Goode, Wm Dupree & John McCargo Sen'r and their award be made the judgement of this court.



Pg 190 An indenture between John Nash Read and Elizabeth Julia, his wife of the one part and Alexander Boyd of the other part, to convey one thousand, three hundred thirty-three and one third acres of land in the County of Christian, in the State of Kentucky.

A Power of Attorney between John Nash Read of the one part and Robert Bedford of the other part . . . ordered to be certified to the County Court of Christian State of Kentucky.



Pg 191 Ordered that Francis Roberts, David McCargo, Martin Worthy and Thomas Portwood ... do vision the way proposed by Wm Dupree for a new road to be laid open and cleared leading from Kings Road at Edward Almond's to the Court House Road opposite Thomas Redmond, and to report to the court . . . etc.



Pg 191 Ordered that William Dupree, James Hamlett, John McCargo, Snr and Stephen May . . . do settle and adjust the account current of the estate of Ambrose Hundley, dec'd, and report the same to the court.



Pg 192 Thomas Brooke, guardian of Traverse Brooke, orphan of George Brooke, dec'd, came into court and rendered his account against the said orphan's estate, who made oath to same and is ordered to be recorded.



Pg 193 The claim of Joseph Ward as guard over William Christel to Northumberland jail - 214 miles ... 2140 cents was presented, read and certified.

The claim of John B. Richardson, deputy sheriff for 3816 cents:

For conveying William Christel to

Northumberland jail ................ 3492 cents

For dieting the criminal 6 days ...................... 204 cents

For ferriage over the James, Penuske &

Rappohannock Rivers ........................ 70 cents

For finding a handcuff ............................. 50 cents



Pg 199 An indenture between Clement R. Jameson of the one part and Robert Bedford of the other part, to convey 149 acres of land in the County of Davidson, in the State of Tennessee.

5 November 1804

Pg 202 Thomas Spauldin & Martha his wife, late Martha Parsons, William Parsons, father and heir of Major Parsons. William Parsons,Jnr, son of the before mentioned Willaim Parsons; Plaintiffs vs Henry Madison and William Marshall, exo'rs of Isabela Harris, dec'd, who was the executrix of Michael Harris, dec'd, Joseph Pullems & Mary his wife, formerly Mary Parsons; Defendants - a suit in chancery.(10)



Pg 203 John Paulett, William Paulett, Thomas Johnson & Betsy his wife, late Betsy Paulett, Thomas Paulett, Harvey Paulett, Richard Paulett and Blessingham Paulett; Plaintiffs vs Elizabeth Paulett, widow and adm'rx of Thomas Paulett, dec'd and Holcombe Paulett infant son of Thomas Paulett, dec'd; Defendants - a suit in chancery.

It is ordered and decreed that after first laying off and assigning to the defendant Elizabeth her dower in land and slaves, of which the intestate died seized and one third of the personal estate, the land and slaves be divided among the several legatees . . . etc.





Pg 204 Hezikiah McCargo & Tabby, his wife, Thomas Roberts & Sarah, his wife, Young Brezindine & Riller, his wife, William Herndon, Elijah Herndon, and Benj Herndon; children of Joseph Herndon of which sd Tabitha, Sarah, Riller, Wm, John, Elijah, and Benj, are children of Joseph Herndon and Magdalene Herndon widow of sd Joseph Herndon: Pltfs - vs Francis Roberts exor of Joseph Herndon and the sd Francis Roberts & Jane his wife in their own right, which sd Jane is one of the daughters of sd Joseph Herndon, dec'd; Def - A suit in Chancery

SUMMARY: The court appoints Langston Bacon, Reps Osborne, Mack Goode and Solomon Elam, commissioners to lay off the widow's dower and allot to the plaintiffs their portion under the testator's will.



Pg 210 Amindab Sackright; Plaintiff vs Dudley Brooke; Defendant - a suit in ejectment filed 5 May 1804

Agreeable to an order of the County Court of Charlotte to us directed and hereto annexed we have proceeded to consider the matter in difference in a suit in the sd court pending between Amindab Sackright, leasee of William Brooke and Dudley Brooke, and on fully hearing the parties on both sides and reading the exhibits on both sides, do award that the plaintiff, Amindab Sackright recover of the defendant his term yet to come and unexpired in the premises as in the sd plaintiff's declaration of ejectment mentioned, and that the defendant Dudley Brooke pay to the plaintiff, his cost in his behalf expended. Given under our hands this 23 day of August 1804 Signed M Goode, John M'Cargo Wm Dupree.



Pg 210 Dudley Brooke, Plaintiff vs William Brooke, Defendant - In trespass of assault & battery.

The same arbitrators listed in the preceding case and in nearly the same words, dismiss the suit and order the plaintiff to pay costs.



5 December 1804

Pg 223 John McCargo Jun'r is recommended to his excellency, the Governor, as an Ensign in the 1st Battalion of the Militia of the sd county in the place of Thomas Goode, who is promoted to lieutenant (Thos the son of Philip Goode) (11)



7 January 1805

Pg 28 Elizabeth Callicott is appointed guardian of Polly and John Callicott, orphans of William Callicott, dec'd, . . . together with John McCargo, her security . . .etc.



4 February 1805

Pg 231 William Price, Cashier General of the Mutual Assurance Society Against Fire, successor to William West, late Cashier General, Plaintiff vs Miles Bottom, Defendant

THis day came the plaintiff by his atty and the defendant, not appearing, though solemnly called, therefore it is considered by the court, that the plaintiff recover against the defendant, $11.68, being so much due from the defendant for premiums under his declaration made to the sd Society with interest at 6 percent per annum from the 1 day of January 1804. atty 250 clk 146 notice 50 fifa Feb 1805



Pg 233 Commonwealth vs James J. Foster - on a compliant of his wife, Elizabeth, for a breach of the peace.

The sd Elizabeth Foster, failing to appear and further prosecute her complaint, by direction of the atty for the Commonwealth, it is ordered the same be dismissed and the sd James J. Foster be discharged from custody of the sheriff.



Pg 233 Ordered that Francis Roberts, William Dupree, David McCargo and Thomas Roberts, or any three of them, being first sworn for that purpose, do appraise in current money, the slaves and personal estate of Joshua Chaffin, dec'd, and report the same to the court.



Pg 233 Ordered that Reps Osborne, Mack Goode, Francis Roberts and David McCargo, or any three of them, being first sworn for that purpose, do appraise in current money, the slaves and personal estate of John Rice, dec'd, and report the same to the court.



1 April 1805

Pg 253 The commissioners for taking relinquishment of dower make three successive reports on the privy examination of: (1) Polly Gilliam, wife of Allen Gilliam; (2) Martha C. Gilliam, wife of Allen Gilliam; (3) Martha Cox Gilliam, wife of Allen Gilliam



Pg 254 Hugh Wyllie is appointed Surveyor of the Road whereof James McCargo was late surveyor, and it is ordered that he, with the same hands do forthwith clear and keep the same in repair.



19 April 1805

Pg 257 In a court held for Charlotte County the 19th day of April, 1805, for the trial of Fanny, A Negro man slave belonging to Philip Goode Snr, . . . charged with an attempt on the life of Thomas Goode, Jnr . . . in feloniously preparing and administering of poison to the sd Thomas Goode. Joseph Venable, Atty for the Commonwealth, prosecuting. To wit:

That the sd Fanny, not having the proper fear of God before her, but instigated by the Devil, on the 12th of the month of April, 1805, at the parish of Cornwell, and in the sd county of Charlotte, did feloniously, wickedly and of malice aforethought, prepare and exhibit poisonous drugs and medicines, with intent, the sd poisonous drugs and medicines to administer to Thomas Goode, Planter, and him,. . . thereby to poison and murder, to the evil example of all others, in like manner offending against the peace and dignity of the Commonwealth.

Thee sd Fanny, being arraigned of the premises, pleaded not guilty. Whereupon sundry witnesses were charged and examined as well on behalf of the Commonwealth as of the sd prisoner, and she was fully hears in her defense by Thomas Bouldin, Gent; who is assigned by the court as her counsel. On consideration thereof, it is the unanimous opinion of the court that the prisoner is guilty in manner and form as is alleged against her and it being demanded of her if there was anything for herself she had or could say why the court to judgement and execution against her, of and upon the premises, should not proceed, she said she had nothing but what she had before said. Therefore it is considered by the court that the sd Fanny, for the offense aforesaid, be hanged by the neck until she be dead, and it is commanded the Sheriff that execution thereof be done Friday, the 31th day of May next, between the hours of twelve in the forenoon and two in the afternoon of the same day. The prisoner declares to the court that she, at this time is pregnant with child. Memorandum: the court values the sd Fanny at one hundred pounds, current money.



Depositions:

Jacob, a Negro man slave, belonging to Philip Goode, Jnr, master of the prisoner, saith that Fanny, the prisoner at the bar, gave to this deponent, a small whitish root, and told him to give it to his master, Thomas Goode, and it would kill him; and that she gave him black stuff to put on his, (Jacob's) face to make his master love him - the root to be given in water or anything else, her reason for giving it was that her master whipped Andrew, her husband. This deponent threw away the root, after his master had discovered the black stuff, dropped from his pocket, and further saith not

Andrew, a Negro man slave, belonging to Philip Goode, master of the prisoner saith that Fanny, the prisoner gave him a small root of whitish coulor (sic) and told him to give it to his master, Thomas Goode, and it would kill him; and some black stuff to rub on his, Andrew's, face. He kept the root about two weeks, when his master, after the discovery upon Jacob, he searched him and found upon him the root and the black stuff. The root was to be given in water, and the black stuff was because Thomas Goode was so bad to this deponent and to her husband and to her children. Further he saith not.

Rina, a Negro woman slave, belonging to Philip Goode, master of the prisoner saith that Fanny, the prisoner gave her some of the black stuff, to put over the milk she milked for Thomas Goode, that it would kill him, that she put a little of the sd stuff on the milk for the sd Thomas Goode, twice and further she saith not.

Philip Goode, Snr, master of the prisoner saith that discovering the root upon Jacob and Andrew, the prisoner, being suspected was taken into custody and whipped, by which she confessed she had given a root to Jacob, which he had in the waistband of his breeches, and she produced a root from her house which she said would kill a man quickly. Some of it was given to a catt (sic) still alive. Slave Jacob, Andrew and Rina did not charge the prisoner until she had acknowledged she had given the root to Jacob and that they had no opportunity of conferring with each other after her confession.

Thomas Goode, son of the sd Philip Goode, saith that the first discovery was made by Jacob dropping a bundle of black stuff from his pocket while correcting him for some offense. Upon interrogating him he gave several evasive answers, but after Fanny had acknowledged, he gave evidence agreeable to what he gave in court. This deponent took Andrew to correct for the same offense for which he had corrected Jacob. He mentioned to him the subject of the prisoner, and from his answers, the deponent immediately searched him and found the black stuff and a root (which) Andrew said Fanny had given him, the black stuff to make this deponent love him. After Fanny had told (him this), she had given him the root. He said she told him it would kill this deponent. The witness made no discovery until the prisoner said she had furnished her, Rina, with stuff. This deponent recollects seeing black stuff in his milk and correct Rina for it. This deponent gave some of the black stuff to a dogg (sic), which puked the dogg, and thinks that the largeness of the dose made it probably work off. Further he saith not.



********************************************************************

END NOTES:



1. In many cases the indictments were brought forward by members of the grand jury. My records do not indicate this was true in this instance. Richard Dabb, Jnr and his father, the Baptist minister were both active in Charlotte politics and were frequently members of grand juries. Joseph Hailey was of the Revolutionary War generation and a resident with the Portwoods, Callicotts and McCargos of what became Bacon District. It is thought the last indictment is styled in fictitious names to protect the guilty parties.

2. The same jury hears an identical charge against Benjamin Goodwin Tatum and also finds him not guilty.

3. John Roberts had been appointed her guardian in the court of 4 Jul 1796. She later married Griffin Dodd.

4. This is followed by a similar record of dismissal of charges against his brother Willaim Toombs. Presentments against John Moore, Jnr; William Moore and Pearce Barebeach are also dismissed.

5. The Overseers are individually named in the deed and include John McCargo

6. The same jury hears presentments from the March 1803 Grand Jury against Thomas Sumpter, and finds him also not guilty.

7. My records seem garbled at this point, reference to Bk 14-93 Nov 1803 shows a similar action styled:

Elizabeth Finch, widow of John Finch and John Booker & Mary, his wife Pltfs vs John Puryear, adm'r of John Finch, dec'd, and Adam, Rebecca, John Jnr, and William Finch, infants under the age of 21 years.

... the slaves and personal estate of John Finch, who died intestate.

8. Charlotte - Rich Indeed does not contain a mention of this family

9. This case was continued. I do not fully understand the use of fictitious names in these ejectment proceedings, but the use of these two names is common. The Hankins chancery suit (Bk 14-117) is somehow involved.

10. My notes say that the commissioner report they have divided the estate between Polly Parsons, Martha Parsons, Margaret Parsons and Major Parsons.

11. Thomas is identified as the son of Philip Goode in the next action which records his promotion to Lieutenant in place of Leonard Cheany.