COURT ORDERS - CHARLOTTE COUNTY, VA

BOOK SIXTEEN 1807 - 1809



Submited by Tom McCargo 27 July 1999

2 April 1807

Pg ? An indenture between Martin Worthy and Phebe his wife and John McCargo.(1)



The court taking into consideration the bad consequences that may result from the practice of leading backwards and forwards the number of stud horses that are brought to this place on Court Day, and the days of public meeting, over the court green and in front of the Court House door, to the great damage of people passing and the interruption of the court, do order and direct that all stud horses on these days be excluded from passing in the following bounds, to wit: From the northeast corner of the Court House to the east end of the jail, along Morton Scott's to the tavern, there across direct to the north end and along the southeast part of the stable and across direct to the southeast wing of the Court House and that the sheriff give public notice of this order.



Pg 7 There are two suits entered here, both attachments against the defendant's estate. 1st: David McCargo vs Pleasant Cosby for three pounds, ten shillings and 2nd: McCargo vs Cosby for six pounds. Each has a list of household and farm equipment listed as attached. Both bear a Clerk's notice that the judgement were satisfied by sale 15 April 1807



Pg 10 Hilliary Moseley acting under the firm of Hamlett & Moseley Plaintiff vs Pleasant Crosby def attchmt against the def's est

The sheriff having made return on the attchmt against the defs estate saith he has levied the same in the hands of David McCargo, and summons him as a garnishee.





The Commonwealth vs Thomas White, on an indictment by the Grand Jury 2 March 1807. (see also the court of 29 Jan 1807)

The sheriff having made return on the capias awarded against him that he is not found in his bailiwick, ordered by the court that the same be dismissed.



2 May 1807

Pg ? The court, agreeable to an act of Assembly, proceeded to settle and adjust the compensation allowed Sheriffs and other Officers, for the support of slaves and livestock taken by attachment on execution; until October court next --- for each slave, 20 cents per day --- for each horse or mare, 17 cents per day --- for each head of horned cattle or hog, 9 cents per day --- for each head of sheep or goat, 6 cents per day, and no more.





6 June 1807

Pg 28 Thomas Brooke is appointed guardian of James Callicott and William Callicott, orphans of James Callicott, dec'd, . . .he with John Raine, Travis Brooke and Thomas Cheany and Francis Barnes, his securities . . etc.(2)



Pg 29 A deed of gift between James Callicott of the one part and William B. Branch of the other part, was proved by the oaths of two of the witnesses thereto subscribed, to be the act and deed of James Callicott, dec'd and ordered to be recorded.



Susannah Callicott, James and William Callicott, orphans of James Callicott, dec'd, by Thomas Brooke, their guardian; Plaintiffs vs Miles Bottom, William B. Branch, Little John McCargo and William Archer; Defendants - on a motion to establish the will of James Callicott, dec'd.

On the motion of the plaintiffs by their atty, to admit the will of James Callicott to record . . . On hearing the testimony of sundry witnesses and the arguments of counsel, as well on behalf of the plaintiffs as in the behalf of the defendants, in opposition thereto, alleging the testator was not in his perfect sense and memory at the time of execution of the sd will. The defendants; pay to the plaintiffs their cost in this behalf expended. On the motion of Little John McCargo, one of the exors therein maned, who made oath according to law, certificate is granted him for obtaining a probate of the sd will. Whereupon he along with John McCargo, Miles Bottom, James McCargo and Martin Williams, his securities . . . Bratchet Barnes, the other exor named in the will renounced in open court the burthen thereof.(3)



5 July 1807

Pg 34 The inventory of the estate of James Callicott, dec'd, was this day reported by the commissioners appointed by the court to take the same.



Pg 35 A power of attorney between Anthony Walker and Susannah, his wife one the one aport and Thomas B. Walker on the other part, with certificate of acknowledgment thereof in the county of Davidson and the State of Tennessee.



3 August 1807

Pg 46 Stephen Mays, Admr, Plaintiff vs Joseph Ingram, Defendant - Debt

Travis Brooke came into court and undertook for the defendant that in case he shall be cast in this suit he shall satisfy and pay the condemnation . . the rule obtained in the office against the defendant and Ashley Vaughn, his security.



Pg 47 Abraham Baseband, Plaintiff vs Owen S. Wood, Exor of Joseph White, dec'd; Defendant - Detinue.

A jury chosen to try this case includes John McCargo.

The jury not agreeing on a verdict, a juror is withdrawn and the jury discharged by consent of the parties, and the case continues until next court.



RULE JUDGMENTS CONFIRMED AUGUST 1807

Pg 59 Francis Roberts, Ex'or of Joseph Herndon, dec'd; Plaintiff vs Joseph Gregory & Mary Magdalene, his wife, late Mary Magdalene Herndon Defendants - (4)



7 September 1807

Pg 61 Ordered that Francis Scott, William B. Morton and Robert Morton do regulate the hands to work on the road leading from Burges' bridge to Thomas Smith's, among the surveyors working on that road, and it is ordered that they, with such hands as shall be appointed, do forthwith clear and keep the sd raid in repair 30 feet wide according to law.



9 September 1807

Pg 64 A court held for the trial of Abraham, a negro man slave belonging to William Price, and Sally a negro girl slave, belonging to Thomas Mackey, of the sd county of Charlotte, charged with being guilty of feloniously administering poison to the sd Thomas Mackey and Ann his wife.

The prisoner (Sally) was lead to the bar in custody of John B. Richardson, Deputy Sheriff for William Morton and Joseph Venable prosecuting for the Commonwealth. Being charged with the facts, saith she is in no wise guilty thereof. Be it remembered . .. on the 9th day of September 1807 . . . Sally, a negro girl slave, the property of Thomas Mackey, stands charged before the court that the sd Sally on the 27th day of August 1807, did feloniously and mischievously prepare and administer certain poisonous medicines, to wit: arsenic, by mixing the same with coffee to be drunk by Thomas Mackey and his wife, with the intent thereby to poison and murder the sd Thomas Mackey and Ann, his wife. The prisoner pleads not guilty whereupon sundry witnesses were produced, sworn and examined, as well on behalf of the Commonwealth as the sd prisoner, and she was fully heard in her defense by Nathaniel B. Tucker, Atty. On consideration thereof, it is the opinion of the court that the sd Sally, the prisoner is not guilty, as in pleading she has alleged, therefore it is ordered that she be dismissed and go hence.(5)



Pg 68 Thomas Brooke produced a commission to be a lieutenant in the militia of the sd county, which being read, the sd Brooke took the oath of office.



On the motion of Susannah Callicott, widow of James Callicott and James & William Callicott, by Thomas Brooke, Jun, their guardian, by their atty to administer the will of James Callicott, dec'd, admitted to record in this court. On hearing the testimony of sundry witnesses and the arguments of counsel, as well on behalf of the plaintiffs as in the behalf of Miles Bottom, William B. Branch, Little John McCargo and William Archer, the defendants in opposition thereto, alleging the testator was not in his perfect sense and memory at the time of execution of the sd will. It is the opinion of the court, the sd James Callicott was in his sense and memory at the time of executing the sd will bearing the date of the first day of December 1806. Thereupon it is ordered that the sd will be admitted to record in this court and that the defendants pay to the plaintiffs their costs. On the motion of Little John McCargo, one of the exors named in the will, who made oath according to law, certificate is granted him for obtaining a probate of the sd will in due form, he giving security. Whereupon he with John McCargo, Miles Bottom, James McCargo and Martin Williams, his securities . . .etc.



Pg 70 Ordered that Robert Moore, Francis Barnes, Junr, James Barden, Brachet Barnes, or any three of them, being first sworn for that purpose, do appraise in current money, the slaves and personal estate of James Callicott, dec'd, and report the same to the court.



Pg 75 Included in the state of the county levy is the following entry:

To the Rev. John Weatherford for levies

wrong listed from the years 1782 to 1806 19.16

The levy is summarized:

By the total for the county

4269 tithables at 24 cent per poll 1,024.56



RULE JUDGMENTS CONFIRMED NOVEMBER 1807

Pg 89 Little John McCargo, assignee of Edward Raine, Plaintiff vs Benjamin Raine and William Raine, Defendants - In debt



Pg 92 An indenture between Archibald D. Alexander and Henry E. Scott for, the transfer of one share in the Upper Appomattox Company. Ordered to be certified to the clerk of the sd company.



Pg 92 Richard Lipscomb appeared in discharge of his recognizance enter in with William Morton and Benjamin Lawson, his security for his personal appearance this day before the court on the complaint of his wife Polly Lawson for a breach of the peace offered towards her. The sd Polly appeared before the court and under oath saith that she is in fear of her life or some bodily harm to be done her by her husband.



Pg 93 An indenture between Joel Ashworth, Elizabeth Callicott, Thomas Harris . . .(Here the copy becomes too faint to read. However some names are decipherable, Bibby Brooke, Isabell Brooke and David McCargo can be made out.)



7 December 1807

Pg 96 Patrick Connelly, Plaintiff vs Archibald Fawlks & Traverse Brooke, Defendants - In debt

The defendant Fawlks . . . and it appearing to the satisfaction of the court he is not an inhabitant of this state . . . It is ordered that the defendant Brooke do retain the money and effects of the sd defendant Fawlks in his hands until further order of this court.



Pg 99 Among the processioners appointed this day are:

James and Robert McCargo, Joseph Hailey and John Roberts -- from Edmund May's at Reynolds Fork along May's mill path to Jameson's old mill thence up Horsepen Creek to Clement's by the old Court House road to Reynolds Fork and by that to the beginning.

It is ordered that they procession the lines and renew the landmarks of all lands within the sd boundaries and take a true account of every person's land they do so procession and of the names of persons present at the same, and in what lands they fail to procession and the particular reasons for such failure, on or before the last day of March, and that they make a return thereof at April court, that each Processioner be allowed in the next county levy, 50 cents for every day he shall actually be employed in the sd business, and that they state on the return the number of days they have ben so employed.



3 January 1808

Pg 112 A Grand Jury impanelled includes John McCargo



Pg 113 John Brooke, adm'r of Dudley Brooke, dec'd; Plaintiff vs Francis Brooke & George Brooke; Defendants

Hilliary Moseley came into court and undertook for the defendants . . . etc.



9 March 1808

Pg 121 In a court held for Charlotte County the 9th day of March, 1808, for the trial of James Middleton, who stands committed to the common jail of the county, charged . . . being guilty of feloniously stealing and carrying away 45 shillings and 10 pence in cash and other moneys, the property of Peter Mason of the sd county.

The sd James Middleton was lead to the bar . . . Being charged with the facts, saith he is in no wise guilty thereof. Whereupon sundry witnesses were sworn and examined, as well on behalf of the Commonwealth as the sd prisoner, and he was fully heard by counsel in his defense. It is consideration thereof it is the opinion of the Court that the sd prisoner is guilty of the felony for which he stands charged, and that he aught to be tried for the same at the next Prince Edward District Court, to be held in the Court House of the sd county, on the first day of the next court and therefore he is remanded back to jail, and it is commanded the Sheriff, that he convey the sd prisoner to the District jail as soon as may be.



DEPOSITIONS

Anderson Farmer on oath saith: the deponent was at the house of Peter Mason of Charlotte on the first day of the present month of March in the afternoon, that the deponent applied to the sd mason to loan the deponent $5.00 and the sd Mason sent his wife for the money. aFter the money was brought the sd Mason took five dollars and lent it to the deponent. He laid the rest on a window sill behind him. While the sd mason and D& were conversing about the money lent, the deponent saw the prisoner James Middleton put his hand among the silver, take out some and put it in his pocket. He then took a bank note and put that in his pocket and walked immediately out of the door. The next morning the deponent was at the sd Mason's with the prisoner, when he proposed to pay Mason the money that was taken, nine dollars . . .(undecipherable)

Peter Mason: . . .to my wife for the money. When it was brought the deponent took the five dollars and laid the rest on a window behind him. Soon after his wife came into the room and discovered some of the money was missing. The deponent missed a five dollar bank note which was afterwards found in his barn. The prisoner paid the deponent nine dollars the next morning, which was to be returned should the deponent's money be found. At the time the money was taken, no person was in the room but the deponent, Anderson Farmer, the prisoner and a little boy. Anderson Farmer could not have taken the money undiscovered by the deponent, and the little boy was never near it.

Sarah Mason on oath saith: On the first of this month, the deponent was in a room where her husband, Anderson Farmer and the prisoner were. The deponent took up an old pocketbook which contained the money lying behind her husband, and discovered most of the

money was taken out - - a five dollar bank note, a french half-crown , half a french crown, two half dollars were missing to the deponent's knowledge, how much more the deponent knowth not.



4 April 1808

Pg 127 Allen Gilliam, guardian of James Sullivant, orphan of John Sullivant, dec'd, came into court and presented his account against the said orphan's estate, who made oath to same . . . justified by vouchers and is ordered to be recorded.



2 May 1808

Pg 144? A grand Jury was convened and returned the following indictments:

Stephen Douglas, Thomas Bibb and Armistead Wathington for unlawful gambling at cards at Hugh Wyllie's tavern on the third Sunday in June, 1807, by the information of Daniel Barnes and William Bacon, sworn in open court on a motion by the attorney for the Commonwealth.

An indictment against William Adams, son of John , for attempting to poison Thomas Ford on the 28th of June 1808, by the information of Bernard Todd, Thomas Ford, and William Hannah, a true bill.

The Grand Jury made the following presentment, Towit: The Grand Jury wishes to present to the court the disagreeable situation of the body of Charlotte occasioned by the law of Congress laying an embargo on all american negroes, the policy or impolicy of which, considered in a natural point of view, we do not undertake to determine, nor do we censure. But the distress it has already occasioned to number of our virtuous and industrious fellow citizens, and the still greater distress and ruin which is likely to follow from a long continuance thereof, especially of creditors should chance to resort to the law to coerce payments from their honest debtors, without being compelled by law . . . .(Here the copy becomes undecipherable)



Pg ?? Hugh Wyllie Plaintiff vs Richard Allen Defendant - at law

Came a jury towit: Morris Hammond, Josiah Jackson, Samuel Moon, John Harris, William B. Cook, Thomas Johns, Francis Brooke, William Fowler, Francis Thorton, James Phillips, Hugh Frazier and Joseph Brown.

Pg ?? Commonwealth vs Thomas Bibb - on a presentment of the Grand jury for unlawful gambling at Hugh Wyllie's tavern (2 May 1808)

Comes a jury towit: David Jones, Francis Benjamin Travis Brooke, John Barker, Thomas Mackey, George B. Friend, Edward Ace, William Fowler, Bedford Hamlett, Scrimshaw Brown, Ebenezer Vernon and Francis Thornton.



John Morton vs James Johnson - Detinue

Jury includes John McCargo.



6 June 1808

Pg 153 A commission for taking the acknowledgment and privy examination of Clary Ashworth, the wife of Benjamin Ashworth and Isabell Brooke, the wife of Bibby Brooke, annexed to the indenture of bargain and sale between Joel Ashworth, Elizabeth Callicott, Thomas Hamblin, Milly Hamblin, John Ashworth, Susannah Ashworth, Samuel Ashworth, Elizabeth Ashworth, Miller Ashworth, Mary Ann Ashworth, Elijah Ashworth, Clary Ashworth, Bibby Brooke and Isabell Brooke (of the one part) and David McCargo, (of the other part) . . . ordered to record.

4 July 1808

Page 168 James Harris, who stands charged with suspicion of being guilty of feloniously stealing and carrying away a billing hoe, the property of Thomas Gale, of the sd county, this day personally appeared in court in discharge of his recognizance.. to answer the same. Being charged with the crime (he) pleaded not guilty, whereupon sundry witnesses were produced...and he was fully heard in his defence by Thomas T. Bouldin, Gent., his atty. Whereupon it is ordered by the court, that the sd James Harris be dismissed and go hence.

On the motion of John W. Nolty, whose honesty and good demeanor appearing satisfactory to the court, it is ordered that license be granted him as a peddlar, to barter and sell any goods, wares or merchandize within this state within the term of one year from the date herefore, he having first paid to the Sheriff $30, the tax imposed by law.



1 August 1808

Pg 175 A grand Jury was convened and returned the following indictments:

Thomas Elam and Andrew Hannah for an unlawful affray at Joseph Oliver's on the 4th of July 1808, in shooting and fighting each other, contrary to law -- on the information of Joseph Oliver, who was sworn and sent to the Grand Jury.

Henry Haas for working on the Sabbath day in his tan yard on the 4th Sunday in June, last, given by John Huntsman, Isaac Read and Stephen Cook.



Pg 176 Travers Brooke & Elizabeth his wife Plaintiffs vs William Moseley, admr of Arthur Moseley, dec'd, William Moseley and Susannah Moseley, infant children of the sd Arthur Moseley; Defendants - A case in chancery.

It is decreed and ordered that the land and slaves whereof Arthur died seized and possessed, be laid off in a fair and agreeable manner, and 1/3 as well of the land as of the slaves be allotted and assigned to the plaintiff Elizabeth as well as to each of the defendants William and Susannah, children of the sd Arthur Moseley, who died intestate.



Pg 188 John Page vs Henry Hines - Trespass etc.

Jury includes John McCargo.



Pg 189 Andrew Crockett vs Henry Hines - Detinue

Jury includes John McCargo.



18 August 1808

Pg 194 Be it remembered that in a court held for Charlotte County the 18th day of August, 1808, for the trial of Amos a negro man slave belonging to Benjamin Boley of Campbell County, who stands charged before the court, that he the sd Amos on the 20th day of July, last, at the Parish of Cornwall, the County of Charlotte did feloniously steal and carry away one counter pane, the property of Joseph Ramsey of the value of four dollars and the sd Amos being arraigned pleads not guilty. Whereupon sundry witnesses were produced,sworn and examined, as well on behalf of the Commonwealth as the sd prisoner, and he was fully heard in his defense by Nathaniel B. Tucker, Gent. who was assigned by the court as counsel for the prisoner. On consideration thereof ## the court that the sd prisoner is guilty. Whereupon the prisoner prayed the benefit of clergy and to him it is granted. Thereupon it is ordered by the court that he be burnt in the hand in open court, and received 30 lashes, well laid on at the common whipping post and that he then be discharged. It is commanded the sheriff, he cause execution thereof to be done immediately.







3 October 1808

Pg 200 William Moseley, Orphan of Arthur Moseley, came into court and being of lawful age for that purpose, made choice of Travis Brooks as his guardian, who is accordingly appointed, he giving security. Whereupon he with Hillary Moseley, Joseph B. Ingram, his securities acknowledge their bond according to law.



Francis Brooks & Elizabeth, his wife, Plaintiffs vs Hillary Moseley & William Moseley, Admrs of Arthur Moseley, dec'd, Willaim Moseley,and Susannah Moseley; infant children of Arthur Moseley, Defendants - a suit in Chancery

On the motion of the plaintiffs it is ordered that the interlocutory decree made in this suit on the 2 day of August 1808, be so altered and amended that the division of the said estate be made only between the surviving distributees, it appearing to the court that the infant defendant, Susannah, has departed this life since the decree was made.

7 November 1808

Pg 202 Little John McCargo, Exor of James Callicott plaintiff vs Susannah Callicott, Thomas Brooks ...

(The quality of the film becomes so bad at this point, nothing further can be read.)

A Grand Jury, including James McCargo, is impanelled, and returns but one presentment:

John M. Michael, for selling spirituous liquors without a license, at Little Joe Morton's sale on the 20th of October, last, by the information of Gresset Green and William Woodfin.

8 November 1808



The Commonwealth vs William Adams, son of John Adams - on an indictment by the Grand Jury

This day came the atty for the Commonwealth, and the capias awarded against the defendant being returned...the defendant appeared in court by his atty and pleaded not guilty, and the atty for the Cmwlth joined the issue and caused a jury, who upon being tried and sworn to speak the truth upon the issue joined, do say that the defendant is guilty in manner & form as set forth in the indictment, and do assess his fine to $40. Therefore it is considered by the court that the defendant make his fine to the Cmwlth...and that he pay the cost of this prosecution. atty $2.50,Clk ,Shf ,Wit , New trial granted



9 November 1808

Haskins vs Willis

Jury includes James McCargo and Travers Brooks

Commonwealth vs William Adams, son of John Adams

On the motion of the defendant, by his atty, for a new trial. On hearing the defendant by his atty, and the atty for the Cmwlth, the same is granted him, and it is ordered that the verdict of the Jury & the judgement of the court thereon be set aside.... on the defendant paying the costs of this trial. Clk 5.32, Shf 1.05, Wit 12.75, fifa 6 May 1809 .

NOTE: There appears to have been no December Court in 1808, since the November 1808 RULE JUDGMENTS are followed, with out interval by the minutes of the January 1809 court.

7 January 1809

Pg 209 Charles A. Green & Co produced a license assigned to them by John W Nolty which was granted by the county Court of Charlotte bearing date of 4 day of July 1808 to sell good as a peddlar for one year from date thereof which assignment it is ordered entered to record.

Pg 215 On the motion of Philip Goode, for a road to be laid open and cleared, leading from the Court House Road, near Reynolds Creek to Randolph's Road. Ordered that Collier Hutchinson, Allen Gilliam, Thomas Brooks and Stephen Davis or any three of them, do view the said way....

6 February 1809

Pg 222 On the motion of William Dupree and David McCargo, who made oath ...certificate is granted them for obtaining letters of administration in the estate of Edmund Saine, dec'd... Whereupon, they with Griffin Dodd, their security .. acknowledge their bond.. The widow having first relinquished to them, the right of administration in the sd estate.

Ordered, that Langston Bacon, Reps Osborne, John Petty and Thomas Brooks do appraise ... the estate of Edmund Saine,dec'd and report the same to the court.

Pg 231 Ordered that Langston Bacon, David McCargo, Miles Bottom, Francis Barnes, Reps Osborne, William Dupree and Hillary Goode, or any three of them do settle and adjust the account current of the estate of John Bibb, dec'd, with Nathaniel Halcomb, one of the exors of the sd John Bibb, and report the same to the court.

6 MARCH 1809

Pg 234 A Grand Jury, Francis Barnes, Foreman; includes James McCargo, is impanelled and returns only presentments against Surveyors of the Road.



Pg 236 Commonwealth vs William Adams, son of John, on an indictment by the Grand Jury.

This day came as well the atty for the Cmwlth as the defendant by his atty. Came a jury, towit; Thomas Brooks, Armstead Bottom, Travis Brooks, John Pollock, George Redman, Little John McCargo, Benjamin Atkins, Edward Osborne, James Murrel, John Ramsay, Thomas Goode and Bedford Hamlet, .. on their oath do say that the defendant is Not Guilty, as in pleading he hath alleged. Therefore it is considered by the court that he be acquitted and go thereof without day.

7 MARCH 1809

Pg 240 Martha Crenshaw, by Thomas G. Walker; her next Friend, Plaintiff vs Charles Crenshaw, Defendant - a suit in Chancery

On the motion of the plaintiff, by her atty, to be allowed alimony until the determination of this suit. On hearing the argument of the parties.. the motion is over ruled.



Little John McCargo, Exor of James Callicott, Plaintiff vs Archibald Hatchett, Defendant - Case

This day came the parties by their attys, and came a jury ...(Cannot be read beyond this point to the bottom of the page. Beginning at the top of the next page) ... the issue joined. By consent of the parties, with the assent of the court, a juror is withdrawn, and the jury discharged, and the cause continued until tomorrow.



Little John McCargo Exor of James Callicott; Plaintiff vs Susannah Callicott; Defendant - in Detinue

This day came the parties by their attys, and came a jury; John Davis, James Johnston, William Adams, Edward Osborne, Charles Hudson, Croyon Green, John Fears, Edmund Patrick, Coleman Green, Stephen Cook, Martin Handcock and John Marshall... By consent of the parties and with assent of the court, a juror is withdrawn, and the jury discharged and the cause continued until tomorrow.

8 MARCH 1809

Pg 243 John Ligon, admr de bonos non of Thos Ligon, dec'd: plaintiff vs Henry Stokes & Michael Stokes, his wife: Defendants - Chancery

The subpena having been returned executed and the defendants failing to file their answer to the ptlfs bill being ruled (Latin term illegible) and still failing to answer same the court on the motion of the plaintiff do take the bill for confessed whereupon it is ordered that the plaintiff recover against the defendants 65/10/01 and one farthing with int at @6% per anum from 23 June 1804 & until payment and his costs in this behalf expended unless the defendants shall on or before the next court to be held for the sd county after having been served a copy of this decree shall show cause to the contrary.



Pg 247 Ordered that Joseph Wyatt & Henry A. Watkins with some person to fix up a writing desk and a (----- ) at the judges seat in the Court House room, to be done in such manner as they may think most proper and that the undertaker be allowed for the same out of the deposition in the hands of the late sheriff and they draw upon him for payment



The Comwlth vs Wm Adams son of John: Defendant - on an indictment

On the motion of the atty for the defendant it is ordered that the defendant recover against Thomas Ford, the prosecutor his costs about this defense in his behalf expended: atty 2.50 Clk 7.39 Shf 7.77 wit 9.94 judm't satisfied 11 Mar 1809



2 APRIL 1809

Pg 248 On the motion of John Redd it is ordered that Collier Hutchenson, Thos Brooke & Stephen Mayes ... do view the old way leading from Dupree's Store into the Court House Road near Redman's fence by way of Perkinson's and report ....



1 May 1809

Pg 251 Grand Jury includes John McCargo & Thos Brooke

Presents as a grievance that a negro man named Mingo who was left in this county by a family removing to the west and is suffered to go at large and hiring himself . The info by John Wyatt.



Pg 252 Thos Almond for the benefit of Thos Jordan: Plaintiff vs John R Malone, James McCargo & John Russell: Defendants

This day came the plaintiff by his atty and the defendants ^^ Jennings M Jeffries made oath that he gave the defendant Russell ten days previous notice of this motion and Richard Russell made oath he gave like notice to the defendants Malone & McCargo therefore, it is considered by the court that the plaintiff recover against the defendants 27/02/02 -- But the judgement may be discharged by payment of 13/11/01.



Pg 253 Commonwealth vs (1)Thomas Elam & (2) Andrew Hanna

(Actually two separate actions)

On a presentment of the Grand Jury made 1 Aug 1808 for an unlawful affray at Joseph Oliver's on the 4th of July 1808 . . .

1). . . directs the atty for the cmwlth to file the information and proceed in the prosecution.

2) . . . the same is insufficient therefore the presentment is ordered to be dismissed.



2 May 1809

Pg 257 Little John McCargo, Exor of James Callicott; Plaintiff vs Thos Hatchett: Defendant - case

This day came the parties by their attys and came a jury: towit Sam'l J. Bailey, Edmund Jameson, Richard Roberson, John Going, Peter Stern, John D. Richardson. Wm G Foster, Thomas Cook, John Page, Reps Osborne, Claiborne Clemons and William Burns .... do say the defendant did assume in manner & Form as the plaintiff hath declared and that he hath sustained damages by occasion of the non performance thereof to 25 besides his costs therefore, it is considered by the court that the plaintiff recover against the defendant his damages aforesaid together with int at @6% per anum from 25 Dec 1807 & until payment and his costs in this behalf expended. atty 2.50 Clk 4.04 Shf .63 tax .50 fifa 6 May 1809



Pg 258 Little John McCargo Exor of James Callicott: plaintiff vs Susannah Callicott: Defendant - detinue

This day came the parties by their attys and came a jury: towit (same as in above case) ... returned a special verdict in these words: We the jury do find that on the (Blank) day of the year 1795 the defendant was entitled to the slaves in the declaration mentioned for the term of her life as her third amount of the slaves of Geo Brooke her first husband, who died intestate and further find that the testator of the plaintiff on the (Blank) intermarried with the defendant ... become illegible at the bottom of the page. continuing at the top of page 259

... of the plaintiff made his last will and testament on the Dec 1806 in matter & form and in words & figures following, to wit: In the Name of God Amen . We further find that the plaintiff is exor of the testator James Callicott, that the defendant was in possession of the slaves in the declaration mention at the period of the commencement of this action and still retains the possession of then and thereupon if the law be for the plaintiff we find for the plaintiff of the slaves: Edmund the value of 500 during the defendant's life if to be had, if not to be had 100 his value. -- Lucy of the value of 70 during the defendant's life if to be had, if not to be had 70 her value - Billie alias "Buck" of the value of 1 penny during the defendant's life if to be had, if not to be had 1 penny his value. and assess the damager of the defendants detention of the slaves to 45/6/4. BUT if the law be for the defendant on the facts stated we find for the defendant. The matter of law arising on the special verdict, being argued and because it seems to the court the law is for the plaintiff therefore, it is considered by the court that the plaintiff recover against the defendant the slaves: Edmund the value of 100 -- Lucy of the value of 70 -- Billey alias "Buck" of the value of 1 penny, if they to be had, if not to be had the value aforesaid of them or such of them as may not be had to together with the 45/06/04 the damages by the sd verdict assessed and his costs in this behalf expended from which judgement of the court the defendant prayed appeal to the next superior court to be held for the county of Charlotte, which is granted her, first giving bond and security for prosecution according to law whereupon Thomas Brooke and Matthew Williams, her securities . . . etc.

Pltf's costs atty 2.50 Clk 5.35 Shf 2.94 tax .50

Def's cost: tax on appeal 1.00



2 May 1809

Pg 260 William Smith, Plaintiff vs John White, Defendant - Trespass, assault & battery

On the motion of the defendant by his atty who pleaded "Not guilty"; that he only laid his hands gently upon the defendant to which plea of the defendant, the plaintiff replied generally. it is ordered that the judgement obtained in the office be set aside and the cause continued until next court



Pg 263 Miles Bottom: Plaintiff vs Little John McCargo, Exor of James Callicott; Defendant - suit in chancery

The defendant upon whom an attachment for his contempt in not answering the complaint's bill that hath been returned executed still failing to answer the same the court On the motion of the plaintiff do take the bill for confessed and it is ordered that the plaintiff do destroy all accounts and charges whatsoever against the defendant, his testator, and that the defendant destroy all accounts and charges of his testator whatsoever against the plaintiff and that the parties be respectively enjoined from ever proceeding at law on any other accts charges demands subsisting between the plaintiff and the defendant exor of the testator unless the defendant at the next court after having been served with a copy of this decree show cause to the contrary



6 June 1809

Pg 273 Travis Brooke & wife: plaintiff vs Arthur Moseley's admr: Defendants - a suit in chancery

The cause is cont'd for the comm'rs report



The county levy contains payments to the 1809 processioners - includes

Robert McCargo................... 3 days ....... $1.05

James McCargo ................... 4 days ....... $2.00

Francis Scott Junr, his acct for building steps

to the court house .......................$4.00



The county hath credit........................ $803.83

4538 tithables @ .10 per poll ............ $453.80

Bal due the debit ............................... $350.03



4 July 1809

page 285 Ashberry Crenshaw, Arthur B. Crenshaw, Lydall Bacon & Mary his wife and James Wilson: Plaintiffs vs Thomas Petty and Charles Crenshaw: Defendants - a suit in Chancery

On the motion of the defendant's atty who show to the court that the defendant Petty is of unsound mind and incapable of defending this suit and his situation being with the knowledge of some of the members of the court. Thereupon Hugh Wyllie is appt'd a trustee for the special purpose of answering the plaintiff's bill and defending this suit for that defendant.



Polly Lipscomb who sues by Sam'l Cobb Jr. her next friend; Plaintiff vs Rich Lipscomb; Defendant

This cause this day came the on to be heard on the plaintiff's bill. The answer of the defendant the depositions of witnesses and the argument of counsel. It is the opinion of the court that the prayer of the bill is true. Whereupon it is ordered that the defendant pay to the plaintiff $50 in advance for her immediate support and $50 annual during their joint lives and her cost in this behalf expended

Atty 5.00 Clk 5.00 shf .93 tax .50 for the advancement of $50 and costs judgement settled 7 Jul 1809



7 August 1809

Pg 286 Grand Jury 3 indictments

1) John Morgan, son of Robert Morgan: for profane swearing of four oaths at Jesse Johnson's shop on 18th July last - by information of Jesse Johnson & William Beadles



2) John Lipscomb for disorderly behavior and being drunk at Cub Creek Meeting House on Sunday the 23rd of July last, in the time of divine worship on the information of Wm Morton Snr & Caine Jackson



3) John Morgan, son of Robt Morgan: for profane swearing of four oaths on the 20th of May last, at the house of Short Jones by the information of Ebenezer Rennon & David Rice



Indenture between John Herndon and Elizabeth his wife on the one part & Hezikiah McCargo on the other part was further proved by the oath of one of the witnesses thereto.



Pg 289 William Dupree assignee of Marshall Holcomb who was assignee of Hillary Moseley, admr of Arthur Moseley; Plaintiff vs Miles Bottom & Jno Chastain; Defendants - Debt

Josiah Moseley came into court and undertook for defendant Bottom that in case he shall be cast in this suit he shall satisfy and pay the condemnation of the court or render his body into prison in execution for the same . Whereon the sd Moseley surrendered into the court the body of the sd defendant in discharge of his recognizance. Little John McCargo came into court and further undertook for the defendant in case he be cast .......

8 August 1808

Pg 294 Miles Bottom: demandant vs George Redman & Young Brizendine: Defendants - A writ of petition.

This day came the defendants by their atty M. D. Tucker, for plea say the plaintiff in his action against then ought not to have and maintain because they say the plaintiff does not hold the land in the declaration mentioned together with the defendants; undivided & in common, in manner & form as by the plaintiff is alleged. Upon this he puts himself upon the county and the plaintiff likewise ... continued



Pg 296 John Going, Plaintiff vs Archibald Chockolate, Defendant - Trespass, Assault & Battery

Thomas Hendrick, being summons to appear as a witness for John Going in this suit, being solemnly called, came not, therefor on the motion of the sd John Going by his atty, ... that he be fined $16 to the use of the sd John Going, unless sufficient cause for his inability to attend be shown at the next court.



Pg 297 A petit jury select in the case of Joseph Oliver vs William Morton High Sheriff includes John McCargo & Archibald Chocklate



End of Book 16

BK 17 1809 to 1811



4 SEP 1809

Pg 2

Richard Connelly is appt surveyor of the road from the Court House Rd by Mays old mill leading to Joseph Gregory's and it is ordered that he with the male laboring persons of John McCargo, Mitchell Gill Wm Skelton, Wm Farrel, Claiborne Osborne, Rich Rutledge, David Rutledge. Wm Rutledge, Wm Matthews & Jno Hundley do keep the same in repair and cleared 30 ft wide according to law



Pg 3

It is ordered that Isaac Read, John Harmon, John Miller, Jno H Rutherford, Thos E Elliot, at his home house be added to the work of the road where Archibald Alexander is surveyor. and that the hands of Francis Scott Snr & Thos C Elliot at his quarter be dismissed from working on sd road



Pg 6

Dennis B Morgan is appt surveyor of the road from Mossing Ford Road to the coffee shop It is ordered that he with his own male laboring persons do clear ....



2 OCTOBER 1809

Pg 7

On the motion of John McCargo that some years ago he became security for Elizabeth Rice's due & faithful execution of the last will and testament of Jno Rice dec'd and apprehends himself of suffering thereby and prays that she be compelled to give counter security, Whereupon It is ordered that Jackman Perkins who hath intermarried with the said Elizabeth Rice and with the sd Elizabeth to appear at December Court and answer same



Pg 8

Indenture between John Herndon and Elizabeth his wife on the one part & Hezikiah McCargo on the other part was further proved by the oath of one of the witnesses thereto.

Pg 12

Thos Brooke Allen Gilliam & Stephen Bayless who were appt'd to view the way for a road petitioned for by Jno Redd reported that a road to be opened and established as the old road now runs will be the most convenient ...and that the sd road will pass on the line between Philip Goode and Fanny Collier and on the land of Jackman Perkins, Nathaniel Williams, Maston Williams, Mrs. Othley Rawlins, James McCargo

Robert McCargo, Francis Roberts and the lands of the orphans of Jno Rawlins Jnr and Wm Dupree



6 November 1809

Pg 14

Grand Jury includes James McCargo and returns indictments against

John Tankersley for retailing spirituous liquors the 1st of Oct at a place of public worship on the information of Mat Williams and Tapley Dickerson

Mark Sharp for applying to Louis Jackson for assistance to broach the public goal by the information of Louis Jackson



Pg 16

On the motion of the representatives of Peter Garland dec'd and hearing the testimony of witness, It is ordered that the clk certify that Mary Garland, Susannah T Garland. David Garland, Martha Elizabeth Jordan, formerly Martha Elizabeth Garland, Nancy Whorley, Formerly Nancy Garland and John Garland are the children and legal representatives of the sd Peter Garland, dec'd; who was an officer in the Army of the United States of America in the late war with Great Britain and are the only persons entitled to the estate of the sd Peter Garland dec'd



7 Nov 1809

Pg 23

Beverly Nawder(?) being summons to attend this court for the commonwealth to give evidence respecting the breaking of the jail of this county being called and cometh not therefore, it is considered by the court that he be fined $16 to the use of the commonwealth, unless sufficient cause for his inability to attend be shown at the next court



Pg 24

It is ordered that Hilliary Moseley the present sheriff, contract with some person to repair the court house windows with glass and repair the chimneys to be done by the next court and to be paid out of the deposition in the last levy



DEC 1809

Pg 34

On the motion of Susannah Moseley she is appt guardian to Jinsey Haley







1. See Char Co Va. Deed Book 11-21 (9 May 1807)

2. James Jeffres Callicott and William Harrison Callicott are half-brothers to Thomas and Travis Brooke--- children of Susannah Callicott, formerly Susannah Brooke.

3. The film quality at this point is very poor. The entry here has been filed out by reference to Char Co Va. Will Book 3-66. However, a word of caution -- the action there is dated as occurring 5 Oct 1807.

Miles Bottom William Archer William B. Branch and Little John McCArgo are sons-in-law of James Callicott through marriage to Clary, Prudence, ___ and Elizabeth Williams C@

4. The microfilm is too faint to read at this point, but the name of William Dupree can be made out as security for the appearance of the d*s.

5. This trial was followed by the trial of Abraham, her alleged confederate. The language of the record is much the same as Sally's trial, and he too is found "not guilty."