Submited by Tom McCargo 5 April 1999 COURT ORDERS - CHARLOTTE COUNTY, VA EXTRACTS FROM BOOK SEVEN 1786 - 1789 7 November 1786 Page 33 Ordered that the sheriff pay Pines Ingram the sum of ?100 current money out of the disposition in his hands towards payment for the building the Court House of this county, undertaken by the said Ingram and that he take his receipt for the payment thereof. Page 35 Louis Potter Pltf vs William Johnson, Def - Debt The defendant being arrested and not appearing, on the motion of the plaintiff, by his attorney, it is considered by the court that the plaintiff recover against the defendant and James Johnson, security for his appearance, the sum of two pounds, nine shillings, three pence and three farthings current money (being the reduction of 180 pounds paper money by the scale of depreciation) the debt in the declaration mentioned and his costs. Clk 157 shf 440 fee & tax 16/6 fifa 7 Dec 1786 Page 43 Dudley Barksdale & Elizabeth his wife, Pltf vs Jack Simmons, Def - on a writ obtained by Elisabeth Wimlish on the 7th day of Oct 1783. The defendant being duly warned and not appearing it is considered by the court that the judgement be entered for the plaintiff and that they have execution against the defendant for the sum of 11,950 pounds of tobacco to be discharged by the payment of 5,975 pounds of South Side of James River inspected Tobacco, with legal interest thereon from 25 Dec 1782, also 197 pounds of crop tobacco and 15 shillings cost, according to the form, force and effect of the judgement obtained by the said Elizabeth Wimlish, now the wife of the said Dudley Barksdale Clk 121 Shf 15 fee 15 fifa 7 Dec 1786 4 December 1786 Page 45 The Commonwealth vs Jacob Huntsman - on a presentment of the Grand Jury for swearing four oaths On the motion of the defendant, by Robert Lawson, his atty, who pleaded the presentment aforesaid returned into court against him was not legally found or agreed to by any Grand Jury duly impanelled and lawfully qualified for that purpose, agreeable to the Act of the Assembly in such case made and provided and for exception saith that two of the persons named on the panel, towit John Wallace and Smith Milner were not freeholders, nor did either or both of them at that time possess in their own right or otherwise lands or other real estate sufficient to qualify them for Grand Jurors, agreeable to said act and he prays that it may be inquired of by this county. To which the attorney for the Commonwealth replied generally. It is ordered the judgement obtained against him in the office be set aside. Page 45 Ordered that the overseers of the poor of the Third District bind out the following orphans towit; Rebecca Franklin to George Moseley, Jnr., Nancy Ale to Wm Ale, William Ale to Stephen May, Letty Hughs to Joseph Hughs, William Milam and Searie Milam to Michel Gill, Betsy Roberts to Francis Lindsay, Mark Bartelott James to Stephen May, Loyd May to David May, Edmund Lane and Benjamin Malone and William Malone to Stephen May according to law 26 December 1786 Page 48 A court held for the trial of James, a negro man slave, belonging to John Fuqua, charged on suspicion of being guilty of feloniously stealing sundry goods. The said James was led to the bar in the custody of Mackness Goode and being arraigned on the premises, saith he is in no wise guilty thereof. On hearing the testimony of John Fuqua, a witness on behalf of the Commonwealth, it is the opinion of the court, the said prisoner is not guilty of the cryme of which he stands accused, therefore it is ordered he be forthwith discharged from custody. 5 February 1787 Page 51 William Morton, John Daniel, Little Joe Morton and Robert Bedford, Gentlemen, or any three of them are appointed to let to the lowest bidder, the building of a bridge over the Little Roanoke River at the place called the Mossing Ford, to be built in such manner and form as they in their discretion may think proper, and to be maintained seven years. Page 52 (The following are) appointed to take a list of the enumerated taxable tithes within the bounds of (the described) Militia compani(es), distinguishing thereon all free males above the age of 21 years, as well as the negroes of both sexes above the age of 16, together with the list of all free males tithables between the ages of 16 and 21 years, distinguished in a separate column and it is ordered that (they) give public notice of (their) appointment and of the time and place (they) intend to receive the list and that (they) make a fair alphabetical return thereof to the Clerk's Office on or before the 20th day of April next, as the law directs: Langston Bacon within Capt. Hollaway's Thomas Collier within Capt. John Collier's Robert Bedford within Capt. Goode's Jonathan Read within Capt. Friend's William Spenser, Jnr. within his own Jacob Morton within his own Edmund Read within Capt. Read's Samuel White within his own Andrew Wallace within his own Robert Jennings within Capt. Paulet's Bernard Todd within Capt. Barksdale's William Hubard within Capt. Fuqua's Thomas Lawton within Capt Gaines's Little Joe Morton with Capt. Daniel's Page 53 The rate for Liquors and Spirits are appointed and set forth to- wit: West India Rum by the gill 0 1 Wine by the quart 3 0 French Brandy by the gill 0 3 Peach or Apple Brandy by the gill 0 4 Whiskey by the Gill 0 3 Cyder by the quart 0 4 Breakfast 1 3 Dinner 2 0 Lodging for the night 0 6 Corn or Oats by the Gallon 0 7 ? Fodder by the pound 0 1 Pasturage for a horse 24 hours 0 6 Stablage for a horse 12 hours 0 4 5 March 1787 Page 55 Joshua Morris, Foreman, Hillary Moseley, Philip Goode, Cuthbreath Williamson, Moses Harrison, James Binen, James Hamlett, John Richardson, Philip King, John Fuqua, Julius Glazbrook, Thomas Scott, Henry Madison, John Phelps, Richard Gaines, Thomas Payne, Edward Elam and John Morris were sworn in as a Grand Jury. (The following indictments for not putting up signboards were returned against the surveyor of the road responsible - not named) At the fork of the road by Capt. Fletcher's At the fork above Burges By William Burges At the fork by Ben Cooks At the fork above the Court House Below the Court House leading to Bouldin's Old Store At Little Roan oake Church At the fork above Mrs. Bedford's 6 March 1787 Page 59 John Whelan & Co., Pltf vs John Sullivant, Snr., Def. In Case This day came as well the plaintiffs by their attorney, as the said defendant into court in his proper person, who saith he cannot gainsay the action of the said plaintiffs in manner and form against him as alleged and that they have sustained damage by occasion of the non performance of that promise and assumption beside costs, to the sum of ? 6 / 6d. Clk 142 Shf 30 Fee & Tax 16/6 Page 60 Samuel Johnson, Pltf vs Henry Benskin Lightfoot, Def, An attchmt against the def's estate This day came the pltf by his atty, and the sheriff having made return on the attchmt awarded against the def's estate, that he hath levied the same in the hands of Thos Foster and summonsed him as a garnishee and the def not appearing although solemnly called. The sd Foster on oath saith he had dealings with the def at his store at Moore's and is indebted to him for more than will be sufficient to answer the pltf's demand. Therefore, it is considered by the court that he recover against the def his debt aforesaid together with his costs. Page 62 (Several presentments of the Grand Jury are dismissed as follows:) Against Jacob Huntsman, for profane swearing four oaths. Against Susanah Jones, for having a bastard child Against Robert Puckett, for living in adultery with Sarah Potter. Against Sarah Potter, for living in adultery with Robert Puckett. Against William Foley, for nor listing one tithable, two horses, and five head of cattle. Page 63 Ambrose Nelson, Pltf vs William Fowler, Def, An attchmt against the def's estate. The Sheriff having made return on the attchmt, saith he had levied the same in the hands of Joseph Wood, and summonsed him as garnishee. The sd Wood on oath saith he purchased a negro from the sheriff under execution taken from the def, and gave his bond for the payment of ? 45, the purchase money subject to the payment of the claims Nicholas Bowers of ? 33, 15 shillings, 3 pence, ha'penny, the amount of his debt against the def, for which the sd negro was taken in execution.. Page 67 George Thomas James, by John Callicott his next friend, John Callicott and Sarah his wife, Hugh Thomas James, John James, Bartlett James, infants, by John Callicott, their next friend, Plts vs James Davis and Sarah his wife defs. In chancery By direction of the pltf's atty, this suit is ordered to be dismissed, and it is further ordered and decreed, that the pltfs pay to the defs their costs. Clk 140 Fees 30 Page 71 Ordered that the clerk issue no execution on any judgement obtained in this court on the presentments of May 1786, it appearing in proof to the court that William Pride Daniel, one of the Jurors, was not a freeholder at the time of his serving on the Grand Jury aforesaid. Page 76 (Grand Jury consisting of ) Francis Barnes, Foreman, Richard Watkins, John Richardson Junr, William Watson, Royal Bowman, Thomas Pettus, Philip King, Dudley Barksdale, Jesse Bunkley, Matthew Jordan, John Nelson, John Rice, James Middleton, John Smith, John Spenser, Mumford DeJarnette, Burwale Brown.(returned the following indictments) Jospeh Grammon for living in fornication with Elizabeth Prior Robert Puckett for living in adultery with Sally Potter The Hon. Paul Carrington for not giving his vote at the election the 2nd day of April last 7 May 1787 Page 77 Samuel Puryear, William Puryear & Edward Finch, exor's of John Puryear, dec'd, Pltf vs Young Griffin & William Callicott, Def. In Debt Richard Griffin came into court and undertook for the defendants etc (Common Bail) Page 78 Joseph Curd, Pltf vs Peter Francisco, Def Case This day came the parties by their atty's. Smith Milnor, Mumford DeJarnatte, Dudley Holt, James Johnston, John Smith, Thomas Gaines, Thomas Vernon, Williams Pride Daniel, Russell Hitchcock, Thomas Smith, Joseph Ward and Joseph Adkins, the same impanelled and sworn at the last court of Quarter Sessions, to try the issue joined between the aforesaid parties, being solemnly called but not appearing, it is ordered that the sheriff summons them to appear at the next Court of Quarter Sessions to be held the first Monday in August next, to try the issue between the parties aforesaid. Page 81 Samuel Boyd, Pltf vs John Irvine, Defs in Case On the motion of the def and for good cause shown it is awarded him to take the deposition of Abraham Irvine, of the District of Kentucky, giving the pltf legal notice of the time and place of taking the same. Page 82 Order that the following alterations be made to the Court House building by Pines Ingram. Adding 18 light windows in the front gable and an oval window over the door and that there be made a clerk's table and a book press for one of the jury rooms and a table for each of the jury rooms. William Hubard, Thomas Spenser and Jonathan Read are appointed to treat with sd Ingram to do the same. Page 84 Hickerson Barksdale, assignee of John Barksdale, Pltf vs Francis Clark and John Clark, Defs On the motion of the pltf, by his atty (it) is awarded him to take oath before the court that the sd William Blank is a material witness in this cause. 4 May 1787 Page 93 (Two Complaints filed by the two Tax Commissioners are listed, differing only in the name of the Commissioner and the person against whom he is filing the charge) (Jacob Morton, Commissioner for the upper District / Thomas Spenser, Commissioner for the lower District) of the county came into court and gave information that (Bartlett Greenwood / Richard Loven) of his district had refused to give a list of his property subject to taxation, on oath as by law required, therefore it is ordered that the sheriff summons the sd (Bartlett Greenwood / Richard Loven) to appear at the next court to be held for the sd county on the 1st Monday in July next, to show cause if he can why he not be fined and treble taxed, as the law directs. Page 94 Thomas Watkins, deputy under William Morton Gent. late sheriff of this county came into court and tendered his account of insolvents in the collection of the grain tax for the year 1782 and made oath to the same, which was ordered to be certified to the Board of Auditors. Page 96 (Two naturalization orders, identical except for the name of the new citizen) (William Kernohan / Thomas Mackey) came into court and made oath that he is a native of Ireland and that he migrated to this state with a intention of residing herein and thereupon the said (Kernohan- /Mackey) took the oath for giving a issuance of fidelity to the Commonwealth, to entitle him to the rights of citizenship. 2 July 1787 Page 101 Edward Almond came into court and produced credentials of his ordination and also of his being in regular communion with the Methodist Church and the said Almond took the oath of allegiance to this Commonwealth, and entered into bond with Thomas Read, his security, agreeable to an Act of Assembly entitled "An Act to Regulate the Solemnization of Marriages." He is hereby authorized to celebrate the rights of Matrimony agreeable to the forms and customs of the said Church between any persons legally applying therefore within this State. 6 August 1787 Page 103 A state of the Levy for the relief and support of the poor in this county for 12 months from the 1st of October next To Mrs. Jones (Wife of Richard Jones) 7/00/0 To James Haley & his wife 10/00/0 To Henry Butridge for support of Susanah Philby 12/00/0 To John Crews & wife 12/00/0 William Morton for Agnes Sexton 12/00/0 Robert Williams & wife 14/00/0 Richard Gaines for Daniel Burns 5/00/0 William Crews for Robert Crews 7/00/0 Andrew Wallace for Mrs. Coleson 4/00/0 Robert Jennings for Mary Evans 5/00/0 Andrew Wallace for Joel Copeland 2/00/0 Bernard Todd for John Bryan 4/00/0 Richard Jones 10/00/0 Edward Moseley for John White 7/10/0 Ditto for Benj & Ann Williamson 18/00/0 John Daniels for Margaret Mullins 6/00/0 John Collier for Harrison Gambriel 3/10/0 Langston Bacon for James Malcomb 9/00/0 Robert Sibley in aide to the support of his wife 3/00/0 Abner Jackson for Ann Silecok 5/00/0 John Hachett for Martha Hachett and child 10/00/0 By 2794 tithables @ 1/6 specie per poll or inspected tobacco in lieu thereof at two pence per pound, at the option of payee. Total ? 200/11/0. Sackville Brewer, Foreman, William Dabbs, William Johnson, Thomas Smith, James Fletcher, Thomas Payne, Thomas Pettus, John Richardson, Temple Davis, Burwell Brown, Robert Armstead, William White, Cutbirth Williamson, William Marshall, Richard Watkins, Philip King, Cain Jackson, John Phillips, Josiah LeGrand, Josiah Foster, and James Arnold (A Grand Jury, returned the following presentment) Against Jacob Huntsman for profane swearing two oaths since last Grand Jury. Page 104 Joseph Curd, Pltf vs Peter Francisco, Def This day came the parties by their attys and the jury impanelled and sworn at the March session being solemnly called and not appearing, by mutual consent of said parties by their attys, with as- sent of the court, they are discharged and it is ordered the sheriff that he cause to be impanelled anew at the next Court of Quarter Session, to be held for the sd county, twelve good and lawful men of the bystanders to try the issue aforesaid the said parties. Page 105 William Ferry, Exor of Nathaniel Ferry, dec'd, Pltf vs William Rawlins, surviving Exor of Edward Wade, who was exor of Robert Wade A jury towit, Daniel Raither, Francis Clark, Royal Bowman, John Simpson, John Jackson, David Mattox, Samuel Parsons, John Sandefur, Miles Bottom, Joseph Adkins, Absolm Watkins and James Bonner were charged and sworn to try the issue. Page 109 Elizabeth Farmer, Complainant against Joel Farmer, Def A Suit in Chancery This cause this day came on to be heard upon the plaintiff's bill, the defendant's answer, the depositions of sundry witnesses, and the viva voce testimony of Halecombe Roberson heard by special order of the court, and arguments of counsel on both sides. On consideration thereof it is ordered and decreed that the pltf recover against the def one third of his real and personal estate and Joel Watkins, Francis Scott, John B. Scott. George Patillo and Joshua Morris, or any three of them do make such partition and allotment in a fair and equable manner between the parties and assign and give to the plaintiff the wife of the defendant, as in the bill mentioned, possession of her one-third thereof for her use as a separate maintenance during her natural life. It is further ordered and decreed that the def pay to the pltf her costs Clk 1038 Shf 85 Wit 4505 Fee 30 fifa 12 Oct 1789 Page 115 William Cowan, Gent, Deputy Attorney for the Commonwealth of this county, came into court and gave information that a certain Benjamin Clements and Rubin Traynum of the aforesaid county are suspected of being guilty of writing and propagating certain papers indicating a seditious intention, endeavoring to prejudice the minds of the people against order and good government. On hearing testimony of sundry witnesses in support of the charge, it is ordered that the sheriff summons the said Clements and the said Traynum, to appear here at the next court to be held for the said county to answer the same. It is further ordered that the clerk issue summons for such witnesses as shall be directed by the Attorney for the Commonwealth 4 September 1787 James Adams Guardian of John Sullivant, Paul Sullivant, William Perrin Sullivant, orphans of William Sullivant, dec'd, came into court and rendered his accounts against the sd orphan's estates and made oath thereto and ordered to be recorded. Paul Carrington Guardian of George Sullivant, orphan of William Sullivant dec'd came into court and rendered his account against the sd orphan's estate and made oath thereto and ordered to be recorded Page 121 Indenture between Thomas Liggon, Snr. of the one part and Thomas Bedford of the other is ordered to be recorded. Ann the wife of the sd Thomas Liggon, being first privily examined etc (Relinquishment of Dower Right) Page 123 Joel Farmer this day appeared in discharge of his recognizance entered into the 21st day of July 1787 before Bernard Todd and Andrew Wallace, Gent two of the Justices of the Peace of the sd county at the complaint of Doratha Hundley, the wife of Charles Hundley. The sd Doratha Hundley came into court and made oath that she was in fear of her life, or some bodily hurt to be done or procured to be done her by the said Joel Farmer. Therefore, it is ordered that the sheriff take the said Joel Farmer into custody and him safely keep until the sd Farmer has entered into recognizance with sufficient security, that is to say, himself of the sum of ? 200 and his securities ? 100 each. On the motion of Joel Farmer by David Stokes, Gent., his atty and for good cause shown, it is ordered that the sheriff suspend execution of the attchmt for contempt issued against the sd Joel, by Elizabeth Farmer, the wife of the sd Joel, for non-performance of an interlocutory degree made in this suit, wherein Elizabeth Farmer, as pltf and the sd Joel def for alimony until November, and that the sheriff release the def from custody. Page 124 Susannah Carwell came into court and made oath that her son Daniel Cardwell is the elder brother of and heir at law of Thomas Cardwell, a younger son, who died a soldier in the Army of the United States in Charleston in South Carolina in the year 1780, which is ordered to be certified to the Board of Auditors and entitle the sd Daniel to the wages of his brother. 1 October 1787 Page 125 Francis Barnes, John Norris, Jnr. and John Adkins who were appointed to view a way for a road to be cleared from James Callicott's plantation to King's Road, this day reported that the way viewed by them as directed in the sd order will be more convenient than where the road now turns. Whereupon it is ordered that the way so viewed and reported be established as the public road, and that the Surveyors of the old road, with the hands working under him, do faithfully lay open, clear and keep the same in repair according to law. Anthony Hundley came into court and made oath that his son Elijah Hundley is the eldest surviving brother of, Anthony Hundley dec'd, who died a soldier in the Army of the United States to the South, which is ordered to be certified to the Board of Auditors to entitle the sd Elijah to the wages of his sd brother. Page 127 Ordered that the male laboring tithables belonging to William Foster, George W. Foster, John Hawkins, Charles Whitlock, Thomas Toombs, and Thomas Blankenship be added to work on the road whereof William Foster is Surveyor. 5 November 1787 Page 128 At a Court of Oyer and Terminer held for Charlotte County, the 5th complaint of Doratha Hundley, the wife of Charles Hundley. The sd Doratha Hundley came into court and made oath that she was in fear of her life, or some bodily hurt to be done or procured to be done her by the said Joel Farmer. Therefore, it is ordered that the sheriff take the said Joel Farmer into custody and him safely keep until the sd Farmer has entered into recognizance with sufficient security, that is to say, himself of the sum of ? 200 and his securities ? 100 each. On the motion of Joel Farmer by David Stokes, Gent his atty and for good cause shown, it is ordered that the sheriff suspend execution of the attchmt for contempt issued against the sd Joel, by Elizabeth Farmer, the wife of the sd Joel, for non-performance of an interlocutory degree made in this suit, wherein Elizabeth Farmer, as pltf and the sd Joel def for alimony until November, and that the sheriff release the def from custody. 5 November 1787 Page 128 At a Court of Oyer and Terminer held for Charlotte County, the 5th day of November, in the fifth year of the Commonwealth, and the year of our Lord God 1787, for the trial of Ned, a Negro man slave belonging to Ann Price, of the sd county, charged with being guilty of attempting by force to ravish and carnally know a certain Susannah Carr, of the sd county. The prisoner was led to the bar in the custody of Mackness Goode, Sheriff of this county, to whose custody for the cause aforesaid he was before committed. Being arraigned of the premises, saith he is in no wise guilty thereof, whereupon sundry witnesses were produced, sworn and examined, as well on behalf of the Commonwealth as on the prisoner at the bar, and he was fully heard in his own defense. On mature consideration had by the court, it is their opinion, the sd prisoner is guilty in manner and form as against him is alleged. Thereupon it is ordered that the said prisoner for the said offense be castrated and that the Sheriff employ some able physician to perform the operation. Memorandum: The sd prisoner is value by the court to ? 80, current money. Page 128 Sackville Brewer, Foreman, Francis Barnes, William Callicott, William Dabbs, Richard Watkins, John Richarson, William Marshall, Thomas Smith, Henry Madison, John Spenser, John Nash Read, William Johnston, Thomas Payne, John Breedlove, Burwell Brown, John Haynes, John Sandefur, William White and Francis Thorton (were sworn in a Grand Jury and returned the following presentments:) Robert Puckett for living in adultery with Sarah Potter Sarah Potter for living in adultery with Robert Puckett Caty Ward for living in adultery with John Standish John Standish for living in adultery with Caty Ward Thomas Blankenship for an assault committed on the body of John Claiborne the 31st day of October Page 129 Elizabeth Farmer, Pltf vs Joel Farmer, Def - A suit in Chancery Pursuant to the decree made in this cause, Joel Watkins, John B. Scott and Joshua Morris, three of the persons therein named, made this report in these words, "We find the def to be seized of two different tracts of land lying upon Turnip Creek, one containing 206 acres, the other 120. We allot to the sd Elizabeth the tract of 120 acres, which sd tract, the sd Joel purchased of Richard Gross. We also allot to the sd Elizabeth the following slaves, Will and Nell, also one bay mare, three grown cattle,and one small one. We find the sd Joel is entitled to a considerable estate in expectancy, now in the hands of Mrs. Murphy, of Halifax, mother of the sd Elizabeth Farmer, concerning which, we do not conceive ourselves authorized to proceed." Given under our hands this 5th day of November 1787. Signed Joel Watkins, John B. Scott, Joshua Morris. " Thereupon it is ordered and decreed that the sd partition and division, as far as respects the lands, slaves and stock be stable and made firm between the parties, and that the estate in expectancy not be (subject) to division under this decree until it shall become vested in the def and further order of this court respecting the same. Page 129 The Commonwealth vs Paul Carrington Gent on a presentment for not giving his vote at the election the 2nd date of April, last past The Def in his proper person, comes and prays that the judgement on the rules of the court on this said presentment may be set aside and that he may have leave to plead as the matter is. The def prays oyer of the presentment, and it is read to him in the following words. "We present Paul Carrington for not voting in the last election." The def for plea saith that judgement ought not be rendered against him for the following reasons: For that altho he is a citizen of the American States and a land holder in Virginia, he is amenable to no other law than such as are warranted by and known to the Constitution of the country. For that the def considers the Constitution of this and every other country as the basis, foundation and parent of all laws subsequently framed therein, that the Constitution is paramount to the law, and all laws not warranted by, fitted to, and justified by the constitution are illegitimate, spurious, void and ineffectual. The def considers the Act of Convention of May 1776, constituted a Constitution or form of government as the free foundation of all subsequent laws in this country, that the seventh section of that Act is thus written, "The right of suffrage in the election of members of both houses shall remain as exercised at present" That the Act of October 1785 so far as respects this case is an innovation on the Constitution, is grossly repugnant thereto, is whimsical, unwarrantable and consequently void as, tyrannical and oppressive. For that admitting that Act to be consistent with the Constitution, it forms no certain rule whereby the court are to judge in respect to the fine thereby intended to be inflicted. For that the def is engaged in an office of legal and public notoriety and that on the first Monday of April last, he was discharging the important duties of that office, far distant from this county, and it must have been less criminal to neglect the duty as one of 500 than as one of 5, when both were instituted by the same authority. For that the def is a freeholder, as well in the County of Henrico as in the County of Charlotte, both of which elections happened on the same day. If therefore ,the aforesaid Act is of force, the def must consequently have been punishable for not voting in one of those elections, which would be an infringement on the civil rights of every free man. Lastly the presentment aforesaid, doth not charge at what election or for what purpose it was held, or on what day or at what place the def became a delinquent, and therefore void for uncertainty of manner whereon the court are to judge, as it is illegal and unprecedented to supply the defects in the finding of a jury, by implication or intendment. Wherefore the def prays the presentment aforesaid may be quashed On which motion it ordered the rule obtained in the office against the def be set aside. 3 December 1787 Page 142 A division of the estate of Metcalf Dickerson between John Fann and the orphans of Tarply Dickerson was this day certified by the clerk of Warren County, State of North Carolina, and on the motion of Jean Dickerson, Guardian of the orphans of the sd Tarply Dickerson, the same is admitted to record. Page 143 Indenture with memorandum thereon endorsed between Young Griffin and Beverly Callicotte, was proved by two of the witnesses thereto subscribed to be the act and deed of the sd Young Griffin. Page 146 (Extracts from the County Levy) Atty for the State William Cowan Gent, one years sallrey ...................... 1248 Tob 10/08/0 Thomas Read,his clks ticket this yr, for fees Clark & DeJarnette ............... 116 1/00/0 Dr Joseph Mathews for castrating and attending Ned, a criminal .................... 20/14/0 Benjamin Evans, seven young wolves Killed in sd County ................ 1050 6/11/3 By 3062 tithables 1/9 per poll, ? 267/18/3 - or 10? lbs inspected tobacco at the option of the payee. 4 February 1788 Page 151 The court proceeded to appoint Claiborne Barksdale, Richard Gaines, Jnr., Andrew Wallace, John Richardson, John Spenser, James Reese, James Hamblett, Andrew Hannah and Josiah Foster to act as judges of the value of property taken and the sufficiency of the security that may be offered, under the Act of Assembly entitled,"an act directing the mode of proceeding under certain executions." 4 March 1788 Page 158 Samuel Puryear, William Puryear and Edward Finch, Exor's of John Puryear, dec'd, Pltfs vs Young Griffin and William Callicott, Defs - In Debt This day came the parties and thereupon also came a jury, Alexander Gordon, John Richardson, William Harris, Cutbirth Williamson, James Adams, Samuel Pugh, Thomas North, Lunsford Landrum, John Harvie, William Johnston, Cain Jackson and William Marshall on their oath do say the def have not paid the debt in the declaration mentioned, and the pltfs have sustained damages by default thereon one penny besides their costs. Thereupon it is ordered by the court that the pltfs recover against the defs the sum of ? 14 2 shillings, the amt in the declaration mentioned, and one penny damages, by the jury assigned thereof. 8 April 1788 Page 165 Thomas Blankenship is appt Surveyor of that part of the road called the Briery Meeting House Road whereof William Foster was late Surveyor. Page 171 An instrument of writing, emancipating Toney, Rose, Esther, Edmund, Lucy, Frank, Nancy and Milly, negro slaves belonging to Edward Almond, of this county, and proved by the oath of Edward E. Almond to be of the several ages, as in the sd writing is expressed, was acknowledged in court by the sd Edward Almond to be his act and deed, and on his motion admitted to record. 5 May 1788 Page 172 Joseph Fowler, Foreman, Peter Francisco, Luke Palmer, Josiah Foster, Jnr., John Fuqua, John Foster, Burwell Brown, Joshua Chaffin, John Norris, Cutbirth Williamson, Henry Madison, Thomas Pettus, Josiah Foster, Snr., Thomas Oliver, John Sandefur, Theodorick Baker and Thomas Chaffin, were sworn in as a Grand Jury. (Individual presentments differing only in the individual named were returned, each charging ) For not giving his vote for Representative in the last election, George Terry, William Dupree, Hood Nance, Owen Sullivant, Thomas Barnes, Edward Keeling, Caleb Hines, Richard M Baker, Joseph Fuqua, Jnr., Moses Harrison, John Bibb, John Green John Tankersley for an assault committed on the body of John Taylor, the -- -- day of October, last past Here follow four trials, reported in identical language, differing only in the name of the accused. Each is found guilty and fined the same. The Commonwealth vs (Sarah Potter, Robert Puckett, Caty Ward, John Standish) This day came the Atty for the Commonwealth and thereupon came also a jury towit, John Roach, Daniel Coleman, Williamson Price, James M Daniel, Frederick Nance, Robert Reeves, James Baugham, Thomas Oliver, Thomas Epperson, Lewis Jackson, George Redd and Christopher Moses, who being elected, tried and sworn to inquire on the presentment aforesaid, on their oath do say the defendant is guilty as informed in the presentment against (him/her) is set forth. Therefore, it is considered by the court, for the sd offense (he/she) make (his/her) fine to the Commonwealth by the payment of 1,000 pounds of tobacco and costs, for the use of the poor of the parish of Cornwall, and they do pay the costs of this prosecution. (Immediately following the last of the above trials, Thomas Blankenship is tried by the same jury, charged with "Committing an assault on the body of John Claiborne on the 31st day of October 1787", the jury finds he is guilty in manner and form as charged, the court then fines him ? 10 current money to the use of the Commonwealth and that he pay the costs of the prosecution) Page 190 (The following is of interest, since it is one of the few instances of a debtor being placed in prison for non payment of a debt.) David Reps & Co, Pltf vs William Brown, Def - in Debt The def being arrested and committed to the common jail of this county, on the motion of the pltf, by their atty, it is considered by the court that the pltf recover against the def in custody, the sum of 26/11/6, the debt in the declaration mentioned, and their costs. But the judgement, except to the costs, be discharged by the payment of 13/5/9, current money, with lawful interest thereon from the 5 Dec 1785. Clk 122 Shf 40 Fee & Tax 16/6 fifa 31 Dec 1788 Released from custody by order of the court 1 Dec 1788. 7 July 1788 Page 191 Thomas Spenser, Jnr., Commissioner in the lower district of this county came into court and gave information that Thomas Blankenship, Benjamin Clements, John Haley, Snr. and Anthony Griffin, son of Richard, of his district, had refused to give a list of their property subject to taxation, on oath, as by law required. Therefore, it is ordered that the sheriff summons them to appear here at the next court to be held august next, to show cause, if they can, why they should not be fined and treble taxed. 4 August 1788 Page 196 Joseph Curd, Pltf vs Peter Francisco, Def - Case This day came the parties by their attys, and thereupon came also a jury, towit, John Spenser, Thomas Pettus, Charles Pettus, Stephen Bedford, Rueben Johnston, John Blankinship, Philip King, George W Foster, Thomas ???, James Watkins, Thomas Pettus (Jnr. ?) and Mumford DeJarnette. Page 201 James Mullings, Pltf vs George Terry, Def - In trespass This day came the parties by their attys, and thereupon came also a jury, towit, James Dudgeons, Joseph Dabbs, Thomas Pryne, Miles Bottom, Daniel Coleman, William Foster, James Johnson, Richard Watkins, John Watkins Peter Francisco, Benjamin Cook, George Thompson, who being tried and sworn the truth to speak, of and upon the issue joined aforesaid, on their oath do say the def is guilty of killing the mare, as in the declaration maintained and the pltf hath sustained damages by the occasion thereof, besides his costs, to the sum of ? 5 current money. Page 203 Hezekiah Turpin, Pltf vs Drury Burge & Charles Irby, Defs - Case It is ordered the defendant, Burge, pay unto the pltf the sum of ? 300, current money, with legal interest thereon from the 25th day of December 1783 till payment, being the sum of money paid to the def by John Coates and Branch Tanner on the assigned bond from the pltf to the defs for the purchase of two negroes, Peter and Bobb. It is further ordered the def Burge pay to the pltf the further sum of ? 20, current money, for his trouble and expenses on his journey to and from South Carolina. 1 December 1788 Page 222 The Reverend William Mahon came into court and produced credentials of his ordination and also of his being in regular communion with the Presbyterian Church. The sd Mahon took the oath of allegiance to the Commonwealth and entered into bond with Thomas Read, his security in the penalty of ? 200. Page 223 Ordered that the overseers of the poor of the third district bind out Isham Jones, son of Homer(?) Jones. 6 January 1789 Page 225 A Court held on the 6th day of January 1789 for examination of Christopher Meyers, who stands charged on suspicion of being guilty of feloniously stealing and killing a red cow yearling, the property of Joseph Wilson, of the sd county, of the value of 20 shillings, current money. The sd Christopher Meyers appeared before the court in discharge of his recognizance entered into before Jacob Morton and Thomas Spenser, Jnr., Justices of the Peace of the sd county. Being charged with the crime saith that he did take up and kill the sd red cow yearling, but is not guilty of stealing the same in manner and form as is against him charged. Whereupon divers witnesses were produced, sworn and examined, as well on behalf of the Commonwealth as of the sd prisoner, and on hearing the testimony of the witnesses, and the arguments as well of the Atty for the Commonwealth, who prosecuted in this court, as the prisoner in his own defense, it is the opinion of the court, the sd prisoner is guilty in manner and form, as against him is set forth, but that the offense is cognizable before the court of the county. Therefore, it is ordered that the said prisoner be bound over to the next Court of Quarter Sessions, to be held for the said county on the 1st Monday March next, and that he give security for his personal appearance before the sd court, that is to say, himself in the sum of ? 100 and his securities ? 50. If he fails to give such security, it is ordered the sd prisoner be committed to the jail of the sd county, there to remain for his trial Page 226 A Court held on the 6th day of January 1789 for examination of Joel Foster, who stands committed to the common jail of this county charged on suspicion of being guilty of feloniously entering in the nighttime, the dwelling house of Quinn Morton, and stealing thereout a large trunk, with wearing apparel, papers, bonds, and about ?30 in cash, to the value, in the whole, of ?300. The sd Joel Foster, was led to the bar in the custody of William Hubard, Gent., Sheriff, in whose custody for the cause aforesaid, he was committed. The witnesses that were bound in a recognizance to appear here this date, to give testimony for the Commonwealth, being called and James Bower, the one most material, failed to appear. Thereupon for good cause appearing to the court, it is ordered the sd Joel Foster be recommitted to the jail, to take his examination on Monday, the 12 day of this instant. He is remanded back to jail, and it is ordered the Sheriff that he summons a court to meet for that purpose on the day aforesaid. 12 January 1789 Page 226 A Court held on the 12th day of January 1789 for examination of Joel Foster, who stands committed to the common jail of this county charged on suspicion of being guilty of feloniously entering in the nighttime, the dwelling house of Quinn Morton, and stealing thereout a large trunk, with wearing apparel, papers, bonds, and about ?30 in cash, to the value, of the whole, of ?300. The sd Joel Foster, was led to the bar, and being charged with the cryme, saith he is in no wise guilty thereof. Thereupon divers witnesses were produced, sworn and examined, as well on behalf of the Commonwealth as of the sd prisoner, and he was fully heard in his own defense by John B Scott,Gent, his atty. It is the opinion of the court, on considering the testimony, and the circumstances relative thereto, the sd prisoner is not guilty of the crime of which he stands accused. Thereupon, it is ordered he be forthwith discharged. A Court held on the 12th day of January 1789 for examination of Christopher Meyers, who stands committed to the common jail of this county charged on suspicion of being guilty of feloniously breaking open in the nighttime of the 10th of December, last, the dwelling house of Quinn Morton, and stealing thereout a large trunk, with wearing apparel and a pocket book with sundry, bonds, papers, etc, and about ?30 in cash, to the value, of the whole, of ?300. The sd Christopher Meyers, was led to the bar, and being charged with the cryme, saith he is in no wise guilty thereof. Thereupon divers witnesses were produced, sworn and examined, as well on behalf of the Commonwealth as of the sd prisoner, and he was fully heard in his own defense. On considering the testimony offered, and the circumstances relative thereto, it is the opinion of the court, that the sd prisoner ought to be tried for the offense before the Honorable, the General Court at their next session to be held in the City of Richmond in April, on the first day of the sd court. Whereupon he remanded back to the jail and that the sheriff convey the prisoner to the public jail in the city of Richmond, and that as soon as may be. Quinn Morton, a witness, being first sworn, saith that on the night of the 10th of December, last, his dwelling house was robed of a trunck and sundry articles of wearing apparel, and a pocket book with bonds and sundry papers, and about ?30 cash of the following species of money, as well as the deponent recollects: 14 Guineas, 2 Pistoles, 12 or 15 Spanish Dollars and about the same number in French Crowns, and further he saith not. Rebecca G Brafford, being sworn, saith she was at the house of the prisoner, when he came home from Quinn Morton's, and he was asked by his wife, if he was not afraid that Simmons would discover his robbery. The prisoner answered, "No Simmons would suffer anything before he would discover him, even death." He saith that all means were used to make Simmons confess, but he would not. The deponent saith that after the prisoner had eat his dinner, he went to his chest, and took thereout a large pocketbook, saying "Quinn Morton shall never see this pocketbook again," and immediately committed it to the flames. Further she saith not. Daniel White on oath, saith, that while he was in Petersburg and at the Tavern where he lodged, he saw one, Thomas Jones, having in his custody, the prisoner, Christopher Meyers, and charged him with having stolen his horse. He said he found his horse in custody of Meyers, and requested this deponent to take care of Meyers until he returned from getting his tobacco inspected, which he, the deponent did. At the return of Jones, Meyers desired this deponent, as he was his county man, to go with him to the Long Ordinary, where Jones intended to carry him, lest he might be abused by Jones. This deponent consented, and they went along. Meyers drew his knife and threatened Jones. Whereupon Jones drew a stake from the fence and threatened the life of Meyers. This deponent interfered, and they desisted. After reaching the Long Ordinary, Jones stripped Meyers and carried him to a thicket, and threatened to give him Linches Law. This deponent again interfered, then Jones promised not to whip Meyers, but said he would only scare him to produce his bridle, sadle and blanket, which he suspected Meyers had stolen. After some time, they returned to the ordinary, but without the stolen things. Jones and Meyers then made friends and sat down to gaming, when Jones won 30 some odd shillings in crowns. This deponent further saith he saw in the possession of Meyers, the prisoner, at the time he was left in his care by Jones (when he went to get his tobacco inspected) 13 Guineas, a French Crown and a Bit, which Meyers said he won the night before at Millington Roach's place, that lightly it came, and lightly it might go. Further this deponent saith not John Spaulding on oath saith that he was at the house of Meyers, the prisoner, sometime after the robery was committed on Quinn Morton, and he saw in the possession of the sd Meyers, 12 Dollars and a French Crown, and further he saith not. Thomas Epperson on oath saith that Christopher Meyers, the prisoner, lived with him the last year in the character of an overseer, that he came to him very poor and in needy circumstances. This deponent saith that he does not know that the sd Meyers fell on any other way of getting money, but that of an overseer. While he lived in his service, but only from a judgement he obtained from Thomas Scott for ?13, the greater part of which this deponent believes, he Meyers, expended before the robbery was committed on Quinn Morton. He further deposeth and saith that Meyers hath not received any money from him for his wages as an overseer. Further he saith not. 2 March 1789 Page 228 Obediah Claybrook,Foreman, Joshua Morris, William White, Cutbirth Williamson, John Smith, Thomas Rice, Burwell Brown, Luke Palmer, William Johnson, Thomas Pettus, Josiah Foster, Snr., John Hankins, James Hamblett, Richard Bouldin, Josiah LeGrand, John Watkins, William Foster, John Petty, John Rice and Francis Lindsay, were sworn as a Grand Jury and returned the following presentments: William Brown, for drunkenness and swearing four oaths William Collins, for profane swearing two oaths Thomas North, for living in adultery with Elizabeth Low Elizabeth Low, for living in adultery with Thomas North Robert Puckett, for living in adultery with Sarah Potter Sarah Potter, for living in adultery with Robt Puckett Francis Haily, for having a bastard child Susannah Jones, for having a bastard child James Johnston, for living in fornication with Agnes Herbert Agnes Herbert, for living in fornication with James Johnston William Beazley, carpenter, for living in fornication with Sarah Sims Sarah Sims, for living in fornication with Wm Beazley Page 233 Robert Rakestraw, Pltf vs David Stokes, Jnr., Def - Case (This is a long,involved suit reported on this and the succeeding three pages. There have been previous entries covering some of the preliminary motions, but they do not reveal any addition background on the cause brought to trial in this, the principal hearing. The final disposition is also unclear. The jury selected to try the case consisted of: Gordon Spenser, William Smith, Philip King, Thomas Payne, Joseph Payne, John Sandefur, Caleb Johnson, Thomas Williams, Josiah Chafin, William Dabbs, William Price and William Cheatem. The most interesting portions are found in the depositions, which are extracted below.) Lucy Perdue of the State of Georgia, being sworn, saith, a few days after Major Lew Jones, and his son Thomas Jones, set off on a journey from Virginia to Georgia, Major Jones, (then leaving his family in Virginia), she, the deponent, heard Col. David Stokes say that he, Stokes, had been accused of taking Maj. Jones' property into his, Stokes, possession, to keep as his own, in order to defraud Jones' creditors. That it was a shame that he, Stokes, should be so unjustly censured, when in consideration of the property he, Stokes, had received of Jones. He, Stokes, had undertaken and assumed to pay Robert Rakestraw, fifteen thousand pounds of tobacco, being a debt Jones owed the said Rakestraw for rent of Charlotte Court House. The deponent further saith she lived nearly twelve months within a quarter of a mile of Col. Stokes, or thereabouts, and that she had frequent opportunities to hear Col. Stokes in conversation on the subject say, he had undertaken to pay Rakestraw the aforesaid quantity of tobacco in behalf of Maj. Jones. The deponent also heard Col. Stokes say that he, Stokes, had received of Maj. Jones, a negro fellow named Scipio, which he, Stokes, estimated at the value of twelve thousand pounds of tobacco, together with other property sufficient in value to discharge the debt to Rakestraw. (Which said negro fellow and other property had been received in consideration of the said Stokes undertaking and assuming to pay Rakestraw the 1500 pounds of tobacco.) She further saith that during her residence in Virginia, Col. Stokes continued in quiet possession of the said negro fellow. She saith that as well before as since Maj. Lew Jones moved his family from Virginia to Georgia, she had heard Col. Stokes say, in consideration of the property, he, Stokes, had received of Maj. Jones, he, Stokes, considered himself bound to pay Rakestraw, the said quantity of tobacco. Susannah Hightower, who appears before us, in Augusta Georgia, at the house of James Fox, in the town of Augusta, Georgia, being duly sworn on the holy evangelist of the Almighty God, saith, that sometime in the year 1783, she heard Col. David Stokes say that he, Stokes, had purchased of Maj. Lew Jones, a young negro fellow named Scipio, at the price of twelve thousand pounds of tobacco. Sometimes afterwards, the deponent was at the house of Col. Stokes, when Robert Rakestraw also was there. After the said Rakestraw and Stokes had, had some private conversation, Rakestraw took his leave, and Mr. Stokes said that Lew Jones wanted to get the above negro again. To which Col. Jones replied, it was very strange that Jones should expect it, for that in consideration of the said negro and other property which he, Stokes had received of Jones, he Stokes was bound to pay Robert Rakestraw a large quantity of tobacco, which the said Jones owed Rakestraw for rent of Charlotte Court House, but the precise quantity the deponent does not recollect. She saith, that she was at Maj. Lew Jones and saw the said David Stokes purchase of Maj. Jones, two feather beds, a bay mare, a yoke of oxen, an ox cart and sundry other articles of household furniture, amounting, the above negro included by agreement of the said Stokes and Jones, to the value of thirty thousand pounds of tobacco. In consideration whereof, Stokes did then and there undertake and assume, impressly to discharge the said tobacco debt, which Jones owed Rakestraw, for rent of Charlotte Court House. Joseph Tucker, of the Town of Augusta, of the State of Georgia, at the house of James Fox in the town of Augusta on oath saith that he, the deponent was at the house of Dudley(Drury?) Burge, in the said County of Charlotte, where he heard a very warm altercation between Robert Rakestraw and Maj. Lew Jones, in which Rakestraw charged Jones with having failed in discharging a judgement obtained against him, Rakestraw, by Mrs. Mary Read, which he had undertaken to do, for the rent of Charlotte Court House. Jones then informed Rakestraw that Col. David Stokes was bound to pay the said debt,and asked Rakestraw, if he, Rakestraw did not know that he, Jones had put property into the hands of Stokes for that purpose. To which Rakestraw replied that he believed it, but that Col. Stokes' property was in Mecklenburg, and his, Rakestraw's, libel, was to be immediately executed. Mr. Burge then interfered and observed that Col. Stokes had, in Charlotte Court House, made himself party defendant in Mrs. Read's suit against Rakestraw, and had as such, confessed judgement for that debt. The deponent further saith that a few weeks after the above conversation happened, Col. Stokes came to him, at the deponents house, and the deponent mentioned the said conversation to Col. Stokes, and the said Stokes said that he had made himself a party to the suit above mentioned, and that Maj. Lew Jones had left property in his Stokes hands, towit, a negro fellow and some tobacco bonds, sufficient to discharge the said debt, which was 15,000 pounds of tobacco. The deponent further saith, from all he heard Col. Stokes say on the subject, he understood that he, Stokes considered himself bound to discharge the said debt and that he, Stokes had received property from Maj. Jones for that purpose. The Deponent also saith that since then, Rakestraw's negroes were taken in execution of the said judgement. Further deponent saith not. Robert Dickerson, at the house of James Fox, in the town of Augusta, in the State of Georgia, on oath saith that he, the deponent lived in the neighborhood of Col. David Stokes at the time Maj. Lew Jones moved from Virginia to Georgia, and that it was the prevailing opinion of those who were neighbors to, and who were acquainted with, the said Stokes, that Jones had left a quantity of property in Stokes' hands to discharge Jones' debt to the amount of 30,000 pounds of tobacco, and that out of the property, Stokes was to pay 15,000 pounds of tobacco to Robert Rakestraw, for the rent of Charlotte Court House. The deponent further saith that he was a member of a special jury in this State, when the cause between Robert Rakestraw original plaintiff, and Lewis Jones defendant, was finally determined, and that from the testimony of Joseph Tucker, in the said suit, which corresponded with the above prevailing opinion, caused him, the deponent to judge that Jones ought not to pay the debt. Given under our hands this 13th day of October, 1788. Order from the Charlotte Court, towit, on the 1st day of September 1788, Clement Read came before Robert Bedford, a magistrate of the aforesaid county and made oath that he had heard Robert Rakestraw, on the 8th day of August 1788, give notice to David Stokes to the following effect: "Take notice that I will take depositions at Augusta Town, in the State of Georgia, at Fox's Tavern, in a suit brought by me against you in the County of Charlotte. The depositions will be taken on the 13th and 14th day of October 1788. Also other depositions of other persons will be taken at Ninety Six Court House, in the State of South Carolina, or at the Academy, (located) thereby, Monday and Tuesday, the 20th and 21st of October, 1788. Testimony of George Carrington, that he knows a Joseph Tucker, who removed from Halifax County to Georgia, that his character was infamously bad, and that he believes the said Tucker went from the County of Halifax, under circumstances of disgrace. The deponent understood, and believes that he, the said Tucker, was punished by a party called Lynches men in Halifax, for some misdemeanor committed there, and from report, on that account, fled to Georgia. Testimony of Thomas Cobb, that he at present knows a certain Joseph Tucker, who removed from Halifax County to Georgia, and since to South Carolina. That his character there is, at present, most infamously bad, and that he is not admitted into any gentleman's company. Testimony of William Glen, that he formerly knew the person now called Lucy Perdue, formerly, Lucy Freeman and Susannah Hightower. That they lived in Lunenburg County, where he also lived, and that they were not esteemed women of good reputation or credit there. That Richard Bacon told the deponent, the said women went to Georgia with Lew Jones, and reports said the defendant, Stokes was very familiar with the said Lucy Freeman and family, and it was reported he, the defendant was courting the said Lucy, but that he thinks no person of credit believed it, and that in 1783 he lived a neighbor to the said Lucy Perdue and Susannah Hightower. Testimony of Jeremiah Alderson, that he knew the person formerly called Lucy Freeman, now Lucy Perdue, and Susana Hightower. That they lived near him very long, and were esteemed in the neighborhood, women of very indifferent character and not by common report, of good name. They were not esteemed, by report, virtuous women. Testimony of William Burge, that he heard Robert Puckett say, he expected Lew Jones had got Joseph Tucker to swear falsely, in order to fix his debt upon the defendant. That the plaintiff, Rakestraw, had just been returned from Georgia, where he had gone to take the depositions in this cause, and he, the plaintiff said Tucker had sworn that the defendant, Stokes, had assumed the payment of Jones' debt to Rakestraw, but that he, Rakestraw, expected it was contrived to put off the payment from Jones and that Rakestraw at the same time said he had managed to take the debt upon Stokes. Testimony of Drury Burge, that the plaintiff, Robert Rakestraw, informed the deponent that he, Rakestraw, had sued Lew Jones for his debt, in Georgia, and that one, Joseph Tucker had been sworn, that the defendant, Stokes, had assumed the said debt to the plaintiff, by which evidence the said plaintiff was cast in his suit in Georgia. That the plaintiff, Rakestraw said both Jones and Tucker were dammed rasckals for so doing. But as Tucker had sworn it for Jones, then he must of course swear it for him, Rakestraw also. That this conversation was introduced by the deponent's telling Rakestraw that he, the deponent, had himself sued Jones, upon which Jones denied his handwriting and that this conversation happened before the institution of this suit. That the deponent heard Lew Jones say that he had left property on the hands of the defendant, to pay the debt, or part of it. Testimony of William Cowen, that about the time of the commencement of this suit, he heard the defendant ask the plaintiff whether it would not be a false proof, even though he should prove the defendant's assumption by Joseph Tucker, and that Rakestraw's denied(?) upon him, he ought to have his money from the defendant, but did not, as the deponent remembers, then assert that, he, the defendant had assumed it. Testimony of Joel Watkins, that the execution read against Robert Rakestraw was replevined the 29th day of January 1784, and that he thinks tobacco was then settled at thirty-six shillings per hundred weight. Testimony of Robert Payne, that the Academy of South Carolina is located at Ninety Six, State of South Carolina. The following bond is ordered to be recorded. I, Lewellin Jones, of Lunenburg County, do oblige myself, and my heirs, to pay to Robert Rakestraw, or his assignees, the just quantity of 15,000 weight of nett inspected tobacco on the James River or Appomattox River, to be paid when demanded, with interest from the time that the said Rakestraw's bond was due to Mrs. Read for the above quantity of tobacco. I also oblige myself to pay all expenses that the said Rakestraw may accrue from a suit brought against him by Mrs. Read for the above mentioned tobacco. Witness my hand and seal this 5th day of March, 1783. Signed Lew Jones. 5 March 1789 Page 243 John Sullivant, who stands presented by the Grand Jury August 1788, for not keeping in repair, the road leading from the fork down to Bouldin's stores, whereof he is Surveyor. Being duly warned and not appearing it is considered by the court that for the said offense he make his fine by the payment of fifteen shillings, current money, for the use of the county, towards lessening the County Levy, and he pay the cost of this prosecution. Richard Elliott is appointed Surveyor of the Road, whereof John Sullivant was late Surveyor, and it is ordered that he with the usual hands..etc.