BOOK EIGHT  1789 - 1792

      Submitted by Tom McCargo  7 April 1999

    4 May 1789
Pg 1    Russell Brown, Foreman, John Richardson, Thomas Smith, Francis
Bareatt, William White, Thomas Epperson, William T. Smith, John Harvy,
Hezekiah Turpine, James Patillo, William Johnson, Philip Goode,
William Foster, John Hankin, Chillion Palmer, William Ward and James
Davis, were tried and sworn as a Grand Jury.

    Ordered that the Sheriff summons Miles Bottom, James Downey,
John Burrass, John Rice and William Dabbs, to appear here at the next
court of Quarter Sessions, to show cause, if they can, why they have
failed to attend as Grand Jurymen in this Court, for which purpose
they were severally summonsed by the Sheriff.

Pg 3    Elisha White, Plaintiff vs Wood Jones, Defendant  -  Chancery
    The suit having abated against the defendant by his death,
whereon it is the opinion of the Court that it stand and be revived in
the name of Wood Jones' son, heir at law of the said Wood Jones,
dec'd, . . .being the land patented to the said pltf, the 15 day of
August 1764, as in the bill mentioned.

    Robert Rakestraw, Plaintiff vs David Stokes, Defendant  -  Case
    The jurors impaneled being sworn and charged in this case being
called and Caleb Johnson, Joshua Chaffin and William Smith, three of
the said jurors, failing to appear, and the court being about to
adjourn, until the court in course, it is the opinion of the Court
that, the jury be discharged from further proceedings therein, and it
is commanded the Sheriff, that he cause to be impaneled anew, at the
next court to be held for the said county, a jury of the bystanders,
to try the issue between the parties.

    1 June 1789
Pg 14       On the complaint of James Arnold, setting forth that
Thomas Bedford had been guilty of beating and abusing him, contrary to
the dignity and peace of the Commonwealth, thereupon, the Sheriff was
ordered to bring the said Bedford before the court now setting, who
appeared accordingly, and on hearing the testimony of sundry witnesses
relative thereto, and the said Arnold, having made oath he was in fear
of his life or some further bodily hurt to be done, or procured to be
done him by the sd Thomas Bedford, and it appearing also in proof to
the court that the sd Arnold had been guilty of threatening the sd
Bedford. Thereupon it is the opinion of the Court that the Sheriff
take as well the sd Beford as the sd Arnold into his custody, and them
safely keep until they enter into recognizance with sufficient
security that is to say, the sd Bedford and Arnold each in the sum of
?100, and their securities ?50.

    6 July 1789
Pg 18       An indenture with memorandum endorsed thereon between
Matthew J Williams and James Callicott was acknowledged by the sd
Matthew Williams to be his act and deed.

    3 August 1789
Pg 21       Francis Barnes, Foreman, Josiah LeGrand, Josiah Foster,
Rubin Foster, James Hamblett, Thomas Pettus, James Mullings, Hilliary
Moseley, William Callicott, Henry Ford, John Barksdale, John
Richardson, Luke Palmer, Charles Crenshaw, Joseph Reynolds, Julius
Glazebrook, John Smith, Burwell Brown, Russell Brown, Cutbirth
Williamson and William Johnson were tried and sworn as a Grand Jury.
They return the following presentments:
    William Davenport, for getting drunk and swearing four oaths
    Capt Thomas Harvy, for profanely swearing four oaths
    Surveyor of the Road from Goodes' store to Almond's
    Surveyor of the Road from Mary Read's mill to Thomas Foster's

Pg 26       Samuel Pryor, by William Hubard, his Guardian, Plaintiff
vs John Sandefur, Defendant - a trespass, assault and
    This day came the parties by their attys, thereupon came a jury,
towit, James Dudgeons, Philip Goode, William P Daniel, William
Overstreet, John McCargo, William Penticott, Josiah LeGrand, Chillion
Palmer, Japheth Fowler, Joseph Dabb, John Philip and Henry Hines

Pg 28       Thomas Dreadnought Plaintiff vs Simon Fearnought Defendant
a suit in ejectment
    This day came the pltf by his atty, an it appearing by the
affidavit of John Daniel, that Joseph Lester, tenant in possession,
hath been duly served..... do appear on the next Court of Quarter
Sessions and make himself or themselves defendant or defendants in
this suit, in the room of the sd Fearnought, plead the general issue
and confess the lease entry and ouster in the declaration supposed,
and enter into common rule to insist on the title only at trial, then
judgment shall be given for the plaintiff.

    31 August 1789
Pg 33       Court held for the examination of William McElhany and
Frederick Briggs, who stands committed to the common jail on the
suspicion of feloniously, stealing, taking and leading away on the 2nd
day of this instant, two horses, towit, a bay and a sorrel, of the
value of ?20, each belonging to John Spencer. The prisoner was led to
the bar in the custody of the Sheriff, and being charged with the
fact, saith he is in no wise guilty thereof. Whereupon, sundry
witnesses were produced, sworn and examined, as well on behalf of the
Commonwealth as the sd Briggs/McElhany, and he was fully heard in his
own defense. On consideration thereof it is the opinion of the Court,
that the prisoner, the said Briggs/McElhany is guilty of stealing the
horses in conjunction with the said McElhany/Briggs, and that he ought
to be tried at the next district court to be held in the Court House,
in the county of Prince Edward in September.
    John Spenser, on oath saith that on the 2nd day of August,
instant, he was possessed of two horses, one a bay, and the other a
sorrel. Which two horses were missing out of his pasture the next
morning, and examining his pasture fences, could make no discovery
where they got out. On the 5th day of the month, in the evening, came
to his house, Mr Walton, with a letter directed to Capt Bedford, that
the two prisoners, McElhany and Briggs, were apprehended in the county
of Nottaway and committed to the jail of that county, on suspicion of
stealing two horses, a bay and a sorrel. Receiving this information,
the deponent attended the examining court of Nottaway, and there he
saw his two horses in the care of Col Freeman Epps, said to be taken
from the prisoners. Which horses, the deponent saith, were his
property, and that he never disposed of them to any person whomsoever.
Further, deponent saith not.
    Col Freeman Epps, before the Court, on oath saith that on the
morning of the 3rd day of August, about noon, he received information
that there were two men in camp, in a neck of woods, near the planta-
tion of Mr Thomas Epps. On this information, he, the deponent, col-
lected together several men to go in search of, and endeavor to
apprehend them. Being conducted, with his company, to the camp, he
proceeded to apprehend the prisoners. On approaching, the sd McElahany
and Briggs ran off. Being pursued by the deponent and his company, the
prisoners were taken near their encampment. The deponent directed the
company to keep the prisoners apart, in order that they might be
examined more particularly. On examination, the prisoner McElhany told
this deponent, that they, the prisoners, had two horses at the camp,
but that the horses had run off. They had taken the horses the evening
before at a plantation about two miles below Little Roanoake Bridge.
He believed a widow women lived there. One of the company,
recollecting the plantation from the description given by the
prisoner, asked him if it were not the plantation whereof Mr Bedford
formerly lived. He, McElhany, replied, "Yes, that was the name of the
person who lived there." The prisoner, McElhany, informed this
deponent that one of the horses was a large bay, the other a sorrel.
The horses, when found, answered the description given by the
prisoners. The deponent saith, the horses were found about 300 or 400
yards distant from the camp, making towards the road. They were
pursued and caught about a mile distant from where to prisoners were
encamped. The horses were then carried to a house of a Mr Epps, where
the prisoners had been sent on before. This deponent then took the
prisoners apart, and took McElhany to the horses, and asked if they
were the horses he, McElhany had stolen. His answer was, "Yes, the bay
horse I had road down, and Briggs, the sorrel." This deponent then
returned McElhany to the house and took Briggs to the same horses and
asked him if he knew them.
He also answered, "Yes,I road the sorrel and McElhany the bay."
McElahany, when he was carried to the horses, inquired of this depone-
nt, whether the bridles and saddles were safe. The deponent answered,
the saddles were, and the bridle on the bay horse, but the sorrel
horse had lost his. McElhany then said he had well secured the bridle
on the bay horse, by putting the stirrup through the bridle reins, but
that Briggs had carelessly put his bridle over the sorrel horses'
neck, which he supposed would be lost. Further this deponent saith not
Francis Fitzgerald, of Nottaway County, before the court on oath
saith, that on Monday, the 3rd day of August, instant, he was informed
by Mr Epps that one of his negroes had discovered some white men in
camp, in the woods near his plantation. He, Epps, requested assistance
of this deponent, to apprehend them. He, the deponent, went to the
plantation of Mr Thomas Epps, and with others, were conducted near the
camp, from whence the deponent saith he discovered a man and horse.
The horse was either a bay or a sorrel. The deponent then showed
himself to the prisoners, he being in front of the company, and
ordered the prisoners to surrender. Upon which they, the prisoners,
immediately ran off. The company and the deponent pursued them. The
prisoners separated, and the deponent went after the prisoner Briggs,
and took him, and inquired his name. He answered, "Briggs". After some
little pause, the prisoner inquired who had discovered them. The
deponent made no answer to the question. The prisoner then said that
he supposed the deponent and his party, had pursued them from the
place where they had taken the horses. The deponent requested the
prisoner to inform him the whole truth of the matter. The prisoner
answered he and McElahany had taken two horses a small distance below
Little Roanaoke Bridge, from a plantation where there was a large red
house. The deponent and the company went with the prisoner, to the
house of Mr Epps. After being there some time,Briggs desired to speak
to this deponent in private. While together the sorrel horse was
produced and the deponent asked Briggs if he knew that horse. Briggs
answered that was the horse he road down, and said he was apprehensive
that McElhany would swear his life away, as he, McElhany had taken
both horses. The deponent then asked McElhany, if he did take both
horses. McElhany answered they were both taken together, and that he
might have taken hold of both of the horses, but that Briggs had
bridled the sorrel. Further, deponent saith not
    Sterling Rack Thornton, being first sworn saith that on the 3rd
day of this instant, having business with Col Epps, and on his way
there he met with Thomas Epps, who informed him, that he understood by
his boy that there were two men just by his plantation in the woods.
He requested this deponent to accompany him, and see who they were. On
which the deponent went to Col Epps' and joined the company collected
there, to take the men said to be encamped in the woods. After the
prisoners, McElhany and Briggs were committed, the deponent was
summonsed as a guard. When going to the jail, the deponent asked
Briggs what kind of saddle he had. He answered a very indifferent one,
but that McElhany's was a very good one, about half worn and that he
expected McElhany, would sell it. Two days afterwards the deponent
went up to the jail and spoke to Briggs about the saddle. McElhany
said he would sell his, and that the deponent might go and see it. If
he liked it, then he might give him what he thought it was worth. The
deponent inquired where it was, and McElhany answered he supposed at
Col Epps'. The deponent later spoke to Col Epps about the saddle and
told him McElhany had sold him the saddle if he liked it. Col Epps
told the deponent the saddle was at his, (Epps) house. When the
deponent went, Col Epps was from home, but from the description of the
saddle, the deponent found it, took it away, and offered to pay the
said McElhany for it. But he refused to receive pay and desired the
matter might be deferred until the evening. Further, deponent saith

    14 September 1789
Pg 35       A Court held for the examination of William George, who
stands committed to the jail of this county on the suspicion of being
guilty of feloniously murdering William Beazley on Monday, the 7th day
of this instant. The said William George, was led to the bar in the
custody of William Hubard, Sheriff of the said county, and being
charged with the crime, saith he is in no wise guilty thereof.
Whereupon, divers witnesses were produced, sworn and examined, as well
on behalf of the Commonwealth as the said George and he was fully
heard by his counsel in his defense. On consideration thereof it is
the opinion of the Court, that the said George is not guilty, and
therefore it is ordered, that he be forthwith discharged

    5 October 1789
Pg 39       Ordered, that the clerk certify to the Auditor of Publick
Accounts, that it appears by testimony of Richard Gaines, this day
taken before the court, that Nathaniel Rogers acted as a wagon conduc-
tor, at the time the said Gaines served in the Militia, ordered out
from this county.

Pg 40   (Here is found the county levy for 1789, which includes the
To William Morton Jnr for going express to Carolina, for the Clerk of
the Court to attend the trial of Briggs and McElhany, criminals
committed for horse stealing . . .one pound 10 shillings.
The levy this day being laid, amounting to the sum of 5 pence per
poll, or 3 pounds and one-half of inspected tobacco, at the option of
the payer

    2 November 1789
Pg 41       Obediah Claybrook, Foreman, George Cardwell, Thomas
Chaffin, William Roberts, John Foster, William Cheatham, Willaim
Callicotte, Josiah Foster Snr, Seth Parkinson, John Hendrick, Josiah
Morris, John Sandefur, Cutbirth Williamson, William White, William T
Smith, William Glazebrook, Luke Palmer, Thomas Epperson and Robert
Armstead, were tried and sworn as a Grand Jury.
    Surveyor of the Road from the Campbell county line to the fork
of the road above Rawlins Bridge
    Surveyor of the Road from the mouth of Little Roanoake to Kings
    Surveyor of the Road from the fork of the road above Little
Roanoake Bridge to the fork at Hayes
    Surveyor of the Road from the fork below John Spenser's  for not
setting up cards of direction
    Surveyor of the Road from the fork above John Spenser's  for not
setting up cards of direction
    Thomas North for living in fornication with Elizabeth Lowe
    Robert Puckett for living in adultery with Sarah Potter
    James Skelton for profane swearing of four oaths and getting
drunk since the last Grand Jury

    7 December 1789
Pg 50       Loyd Portwood is appointed Surveyor of the Road whereof
William Rawlins was late surveyor.
    Ordered that the male laboring tithables belonging to John
Pettus, Joseph Pearson, Richard Loving, Ambrose Healy, William Roads
and John Blankenship be added to work on the road whereof, John Lee is
    On the motion of Levy Blankenship, license is granted him to
keep an ordinary at the place of David Ellington. Whereupon, he with
Elisha Almond, his security, acknowledge and enter a bond according to
    Ordered that Adam Finch, Joseph Herndon, John Finch and Henry
Robertson, or any three of them, do view the way for a road to be
cleared from the county line to Robertson's schoolhouse on Cargill's

    4 January 1790
Pg 53       Lodowick Basebeach is appointed Surveyor of the Road
whereof Thomas Blankenship was late surveyor, and it is ordered that
he, with his own male laboring tithables, George Dabbs, Thomas Toombs,
James Foster, George Foster and Charles Whitlock do forthwith clear
and keep the same in repair.

    5 July 1790
Pg 77       George Caldwell, Plaintiff vs John McCargo, Defendant  On
a petition by account
    On hearing the parties by their attys, and hearing the testimony
of witnesses it is considered by the Court that the pltf recover
against the said defendant, the sum of one pound, nineteen shillings,
four pence current money and his costs  Clk 100  shf 25  Wit 121 fee
    On the motion of Henry Caldwell, as a witness for George
Caldwell in his suit against John McCargo, it is ordered the said
George Caldwell pay him 120 pounds of tobacco, for one days attendance
and once coming and returning 24 miles to Prince Edward county

    3 August 1790
Pg 88       William McKinzie; Plaintiff vs Drury Burge & David Stokes
Defendants - Debt
    This day came the pltf by his atty and the defendants in their
own persons...and a jury towit Joseph Dabbs, William Cheatham, Oliver
Sally, Charles Pettus, George Terry Hebrion LeGrand, William Blackley,
James Snead, Thomas Ellis, Evan Snead, James Shortery and John Thomas
    Your Orator, Drury Burge, saith: sometime about the 9th of the
month of June 1782, a certain William McKinzie, hereafter named
defendant, professing himself to be a Doctor of Physick, and suffi-
ciently qualified for the business of inoculation of the smallpox,
proposed and undertook the inoculation of a number of persons at the
house of one Mary Caldwell, in this county, at the price of three
pistoles or thereabouts, for each patient. Your Orator, willing to
encourage so useful a practice, and relying on the skill and candor of
the defendant, sent his two sons William Burge and Henry Burge to be
inoculated and cured under the direction and care of the said defen-
dant. That after a considerable time spent in the said business
aforesaid, one of his sons returned home, the other, towit, Henry
Burge remaining still in a dangerous situation with the said disorder,
in which he continued for some time after. Your Orator further begs
leave to show that soon after the recovery of his said son William
Burge, the defendant came to your Orator with a claim of ?48 or
thereabouts for his medicines and attendance administered to his said
sons in course of their inoculation as aforesaid, asserting at the
same time that it was no more than usual and customary charge for such
services. Although your Orator expressly charges and will hope to be
able to prove, that the same was more beyond all proportion than the
defendant charged to sundry of his other patients under the same
circumstances, and exorbitantly more than the able and more
experienced physicians usually charge for the same service. That if
anything, in the particular case of Henry Burge made a longer
attendance and greater administration of medicines necessary , this
must have happened by neglect or mismanagement of the defendant. For
which, your Orator by no means be ought to be chargeable. Your Orator
further showeth that at the time of such application being made to him
by the defendant, he being entirely ignorant of the nature and charges
of inoculation, willing to do everything that was just and right, and
still relying on the candor and the justness of the defendant, your
Orator gave the defendant his bond for the aforesaid sum, supposing it
to be just and usual charges on such occasion, though he now expressly
declares and charges that later experience, and the information of his
neighbors, and others acquainted with the affair, he was grossly and
shamefully deceived and imposed upon by the defendant, in obtaining
such bond. Now, so it is the defendant having commenced his action at
common law against your Orator, hath obtained judgment thereon and
threatens to sue, Under some other consideration whereof. Inasmuch as
your Orator is without remedy at law, and only relievable in a
Worshipful Court in Equity, where matters of fraud and imposition and
deceit are properly to be examined. To the end that the said
defendant, upon his corporeal oath may be compelled to answer the
premises, as fully and  particularly as if they were here again
repeated and interrogated and more particularly upon what terms he did
undertake inoculation of the smallpox at the said William Caldwells'?
What particular bargain did he make with your Orator?  What other
patients did he have there and what did he charge them?  What was the
cause of Henry Burge's having the smallpox so especially bad?  Did the
defendant pay due and diligent attention to him during the whole time?
Was there any bargain for additional charge in case of longer duration
of the disorder?  Why did he charge your Orator more than any other of
those who employed him?  Did the medicines actually and necessarily
administered to your Orators' sons amount to a reasonable price to the
use he has charged for them?  Is not a considerable part of the
defendant's charge, for visits to your Orators' sons at the said Mary
Caldwell's, and was it not his bargain and duty to have attended them
there through the disorder, without any such charge, and that your
Orator may have such relief in the premises, as may be agreeable to
equity and good conscience. That the said defendant, in his judgment
aforesaid, be perpetually enjoined
    The answer of William Mckinzie to the bill of injunction and
complaint of Drury Burge, in the Worshipful Court of Charlotte County,
against him exhibited.  As this respondent make answer to the
defendant and saith, that in the month of April 1782, being engaged in
the inoculation of a number of patients, who were then under the
smallpox in the county of Chesterfield. He was earnestly solicited by
letters from Isaac Cole, Esq, of Halifax county, to ride up and
undertake the inoculation of sundry persons in his family, and in his
neighborhood. To which he agreed, upon assumption that it should be
made advantageous and profitable to him. Accordingly in the month
aforesaid, he reached Col Cole's house. Finding that such a number
were desirous to be inoculated, as would in great measure compensate
for his detention from his business, at the usual place of his
residence in Chesterfield, he agreed and undertook, for three pistoles
a head, for medicines and attendance, exclusive of provisions. Other
necessaries to be furnished by the patients themselves, to carry them
safely, with the help of God, through the smallpox, which he was happy
enough to accomplish. Soon after his arrival in Halifax, the defendant
was entreated by Robert Rakestraw and William Hubard, of Charlotte
county, to inoculate and attend some persons of that county. To which
this defendant at first declined to do, unless they would engage to
make up forty patients. In which case, he would inoculate them on the
same terms as he did those in Halifax county. This they could not
engage to do, but after some conversation on the subject, this
defendant being much importuned, and learning the distance from one of
the patients to the other would not exceed 10 or 12 miles, so that he
might attend and visit each of them daily, he complied with the
request, on the condition he should not only be paid three pistoles
per head for medicines and attendance, but also three pistoles a day,
for every day that he should be detained by the patients in Charlotte
county, after fifteen days, in the case that the whole, or any of them
should have the disease so unfavorably as to require longer
attendance. These terms were not objected to by the aforesaid Mr
Rakestraw and Mr Hubard, either at that time or any other time
previous or subsequent to the inoculation of the families at Mary
Caldwell's, where this defendant went next day after the application
aforesaid, which was early in the month of May 1782. He found they had
only about 13 or 14 patients to be inoculated, of whom as this defen-
dant soon discovered, the complainant's sons were two. This defendant
having inoculated the whole number, who were presented to him for that
purpose, he again mentioned the terms, as afore recited, on which he
had undertaken it. On the tenth day after they had been inoculated, he
again reminded them of his expectations, and recommended it to the
several patients, to bind themselves by a written agreement to bear
jointly the extra expense that if any of them should require after the
expiration of the 15 days from the day of inoculation, as they could
not then tell whose fate it might be, though he knew by the then
symptoms, on whom it would fall. They agreed that by his next visit,
it should be done. March 2, 1987
    However, next day the eruption on the several patients having
manifested which of them would have it most, they were unwilling to
subject themselves to a joint charge after the fifteen days, and
desired this defendant to undertake notice that they would not pay him
a shilling for attendance or medicines after that time. As they
thought it unreasonable that they should pay for what they would have
no need of themselves. To this charge he answered. The sons of the
complainant, who were under age did not object, and the defendant told
their father, the complainant, that in all appearance, one of the sons
would require his attendance for a considerable time longer than the
fifteen days limited by the agreement, and that he could not think of
staying away from the general tender of his business, so long as his
sons illness might require, unless he would pay him the three pistoles
per day, after the first fifteen days should be expired. To which the
complainant, not only most readily agreed, but then and often
afterwards, begged the defendant to attend his sons as long as it
might be needful, and to spare no expense, as he was willing to pay
any sum of money, rather than he should leave his son, until he was
perfectly out of danger. Which he was not, until at least thirteen
days after the expiration of the first fifteen days, and the discharge
of the other patients from the care of this defendant, with whom this
defendant had at their request, settled his account. The complainant,
on being presented with the defendant's account against him, so far
from objecting to it, as he knew it to be corresponding to the
contract, apologized for not having been able to provide the money,
and requested the defendant to take payment in horses. The defendant,
not having then occasion for, refused, but finding he could not do
better, took that bond, on which the judgment in the bill mentioned,
is grounded. The complainant, at the same time, presented the
defendant with four hogsheads of tobacco, which was lying in one of
his houses, and asked the defendant if he would take them in payment,
so far as they might go, at twenty shillings a hundred. Which the
defendant agreed to, provided he would send them to the inspection
immediately. This the complainant promised to do, but the defendant
never got them. The defendant, averring that he took the best care of
the complainant's son that was possible, says he conceives his
constitution and his imprudence in exposing himself too much to the
sun, particularly one very hot day fishing, and his eating improper
food, especially boiled bacon, was the cause of him having the
smallpox so very dangerously. The defendant denies he made any extra
charge against the complainant, except by express agreement, and
confiding in the rectitude of his own conduct, and the justice of this
worshipful court, humbly begs that he may be permitted to have the
effect of his agreement at common law etc.  The deposition of
Robert Rakestraw, taken before us, William
Hubard and John Daniel, the 23rd of October, 1786. The defendant,
being first sworn, says that in April 1782, he made a contract with
Dr. McKensie to inoculate him (the defendant), and one of his family,
for which he agreed to pay McKensie three pistoles for each, for
inoculation and medicines. Dr. McKensie informed him that he could not
attend them more than fifteen days, and that if they should not be out
of danger by that time, but would wish to continue him longer, that he
must be paid three pistoles a day for each day thereafter. He made no
contract with Dr. Mckensie for or on behalf of William Burge, or any
other person. Drury Burge offered to pay Dr Mckensie the same price
he, the deponent, had agreed to pay, which Dr McKensie refused.
Further deponent saith not.
    William Burge's deposition, taken before William Hubard and John
Daniel, the 23rd day of October, 1786. He applied to Dr. McKensie to
know his price of inoculation, and his reply was three pistoles, and
that he never understood that Dr. McKensie was to have any additional
price until after they were inoculated, which was not agreed to by the
patients. Further the deponent saith not.
John Hannah's deposition taken before William Price and John Daniels
the 23rd day of October, 1786. He asked Dr. McKensie the price of
inoculation for the smallpox, and was told, three pistoles, and that
he never knew the doctor charged him any more, until after the
patients had been inoculated several days, and to which the patients
had never consented to pay. Further the deponent saith not.
Joseph Clarkson's deposition taken the 23rd day of October 1786. That
Henry Burge, son of William Burge, was among the number of patients
inoculated by Dr. McKensie at Mary Caldwell's in April 1782. Henry
Burge was extremely ill of the smallpox, and Dr. McKensie did not give
him attendance that his situation required. And that he left him
before he was, in his opinion, out of danger. That the time Dr.
McKensie attended Henry Burge, was after the expiration of the said
fifteen days, which he was informed, had been contracted for, and that
he believes the said Burge would have died, after Dr. McKensie left
him, had it not been for Mary Caldwell's assistance. He was told by
the patients, that each of them was to pay three pistoles for
inoculation and medicine. Further the deponent saith not.
    Deposition of William Hubard taken before Little Joe Morton and
John Daniel the 5th day of September 1785. In the spring of 1782, Dr.
William McKensie undertook the inoculation of several persons at Mary
Caldwell's, for which he was to be paid three pistoles a head, but
that he could not give more than fifteen days attendance, which time
the patients with care, would be out of danger. But if they should
wish to detain him longer, he must be paid three pistoles a day each
day thereafter. He recommended to the patients that it would be better
to enter into an agreement to sustain such charges jointly, should the
occasion through the malignancy of the disorder in any one or more of
them detain him for a longer continuance. This proposal was always
objected to, probably through the hope each one might entertain of his
having the disorder so favorably as to have no need of a physician
after the term aforesaid, or from the offer of two practitioners of
Physic to some of the patients, that they would attend them gratis
after the fifteen days aforementioned, if their situation should make
it necessary. Drury Burge had two sons among the number inoculated,
William and Henry. The later had the smallpox most violently. Drury
Burge came to Caldwell's a day or two before the recovered patients
returned to their respective homes, and agreed to pay Dr. McKensie
three pistoles per day for his charge, to attend his son Henry,
through the disorder. He several time heard, after Henry Burge had
recovered, that Drury Burge had cheerfully agreed to Dr. McKensie's
charge and had given him his bond, payable in tobacco at twenty
shilling per hundred, for the amount thereof. Dr. McKensie acted with
the greatest diligence and attention to his patients, and as far as he
is capable of judging, with the skill and abilities of an able and
experienced physician. It was currently reported among the patients
that Henry Burge had eaten of boiled or fryed bacon and other improper
diet, and had exposed himself to the sun, fishing in the middle of the
day, a few days before the eruptive symptoms came. This was the cause
assigned for his having the smallpox so especially bad.

    It is decreed and ordered that the injunction obtained by the
plaintiff, to stay the proceedings at common law on a judgment
obtained by the defendant against the plaintiff in the bill mentioned,
be dissolved. It is further decreed and ordered that this suit be
dismissed and that the plaintiff pay unto the defendant his costs.

    1 August 1790
Pg 102      James Wright assignee of Zachariah Smith, who was
assignee of Richard Easter vs Dudley Brooke, Jnr &
Dudley Brooke Snr - a suit in debt
    It appearing by the sheriff's return that Dudley Brooke Jnr is
not an inhabitant of this county, therefore this suit abates against
him, and that Dudley Brooke Snr, being arrested and not appearing it
is considered by the court that the plaintiff recover against the
defendant Dudley Brooke Snr. and William Clay his security the sum of
?24, current money.

    1 October 1790
Pg 104      James Adams, Guardian of Joel Sullivant, orphan of
William Sullivant,dcd, came into court and rendered his account
against the sd orphan's estate.....and the sd Adams produced a
discharge from the sd Joel Sullivant in full of his guardianship,
which was acknowledged by the sd Joel and on the motion of the sd
guardian is admitted to record

Pg 105      On the motion of Langston Bacon, who made oath
according to law, certificate is granted him for obtaining letters of
administration in the estate of George Brooke, deceased, he giving
bond and security according to law. Whereupon he, with Moses Harrison,
his security, entered into and acknowledge their bond for that

    On the motion of Sarah Johnson, widow and relict of the reverend
Thomas Johnson, dec'd., who made oath according to law, certificate is
granted her for obtaining letters of administration in the estate of
the sd Thomas Johnson, she giving bond & security....with Joseph
Friend, her security etc.

    Ordered that Mack Goode, Edward Moseley Jnr., William Callicott
and Hillary Moseley, or any three of them, being first sworn for that
purpose do appraise in current money, the slaves and personal estate
of George Brooke, dcd, and that they make report thereof to this

    Indenture between John Williams on the one part and Miles Bottom
of the other part was proved by the oath of three witnesses and
ordered to be recorded.

    1 November 1790
Pg 10       A grand jury, Obediah Claybrook,Foreman, Robert Breedlove,
William Johnson, Charles Crenshaw, Thomas Mann, John Foster, James
Cunningham, Thomas Pettus, Thomas Smith, Thomas Mimms, John Rice,
James Hamblett, Joseph Reynolds, Julius Glazebrook and John Richardson
were sworn and returned presentments against:
    Thomas Chaffin for profane swearing one oath at October Court.
    Thomas North Jnr., for profane swearing four oaths October, the
21st day, on this green.
    Robert Rakestraw for profane swearing four oaths at Turner
Mann's the 7th day of October.
    Robert Rakestraw for interrupting publick worship at Turner
Mann's the 7th day of October, last.

Pg 113      William Cowan, Gent. who prosecutes for the
Commonwealth in this Court, gave information that William Bibb, hath
been guilty of offering a challenge to fight Seth Perkinson, of this
county, contrary to the peace and dignity of the Commonwealth,
whereupon it is ordered the sheriff summons the sd William Bibb to
appear here next Court to show cause, if any, why an information
should not be exhibited against him.

    1 December 1790
Pg 117      Prudence Roberts, Francis Roberts and Bartlett
Roberts, orphans of Francis Roberts, dcd, came into court, and being
of lawful age for that purpose, made choice of John Roberts as their
guardian, who is accordingly appointed, also appointed as guardian to
Thomas Roberts, orphan of the sd Francis Roberts, dcd, he giving
security, ...with Thomas Pettus, his security etc.

    1 January 1791
Pg 123      John Roberts, in his own right, & Prudence, Francis,
Bartholomew and Thomas Roberts, by John Roberts,
their Guardian, vs Martha Roberts, widow and Admrx
of Francis Roberts, dcd, and Willaim Hatchett &
Jane, his wife; a suit in Chancery.
    This day came the pltfs by their atty, as well as the defendants
in their proper persons, and the defendants confessing the obligations
of the pltfs bill to be true, thereupon the court, by consent of the
pltfs by their atty, as well as the defendants, it is ordered and
decreed that a division of the lands, slaves and personal estates
belonging to Francis Roberts, in the possession of the sd defendant
Martha, as admrx of Francis Roberts, who died intestate, be made and
assigned as well to the pltf as to the sd defendant, agreeable to law,
in a fair and equitable manner, that is to say to the defendant
Martha, as widow of the intestate, one third of the land and slaves
during life, one third of the personal estate as of her own proper
right. The residue of the sd estate, with the advancement made to the
defendant Willaim and Jane, his wife in the lifetime of the intestate,
be brought into hotch pot(?), that partition thereof be made in six
equal parts. One equal part thereof be assigned as well to the pltf,
John Roberts in his own right as each of the pltfs, Prudence, Francis,
Bartholomew and Thomas.

    1 February 1791
Pg 127      On the motion of John Brooke, witness for Dudley
Brooke in his suit against Moses Harrison, it is ordered the sd Dudley
Brooke pay him 145 pounds of tobacco, for one days attendance, and one
days coming and returning 30 miles from the county of Campbell.

    1 March 1791
Pg 128      Obediah Claybrook,Foreman, Thomas Pettus, Josiah
Foster Snr, William Forbes, John Blankenship, Miles Bottom, Richard
Dabb, John Haney, Moses Eudaley, Anthony Hancock, Thomas Smith, John
Rice, Cutbirth Williamson, Burwell Brown, Moses Harrison, Robert
Franklin and John Forbes were sworn as a Grand Jury and returned
presentments against:
    Thomas Foster for profane swearing four oaths at William
Johnson's sale the last day of January.

    James Mullins for profane swearing one oath at William Johnson's
sale the last day of January.
    Culverin Ford for profane swearing two oaths at Archibald
Campbell's store the 3rd day of this month.

    1 May 1791
Pg 143      Ordered that the overseers of the poor of the fourth
district, bind out Woodson May and William May, children of Abner May
to Thomas Bedford, according to law, it appearing to the court the sd
Abner May neglects to take care and provide for the sd children.

    1 July 1791
Pg 160      A court held for the trial of a negro man slave
named Dennis belonging to Luke Palmer and Cambridge a negro man slave
belonging to William Harvey Jnr, who stand charged with being guilty
of feloniously stealing two half joe(?) on Sunday the 19th of June
last, the property of Luke Palmer, also for the trial of George, a
negro man slave belonging to Luke Palmer, who stands charged with
being guilty of feloniously breaking and entering the spring-house of
John Fore Snr. on Saturday night the 25 of June and stealing thereof a
pot of butter, some fish and dressed meat to the value of one pound
current money.
(Dennis is found NOT GUILTY; Cambridge is found NOT GUILTY, but George
is found GUILTY)
.....whereupon he prays the benefit of Clergy and to him it is
granted, and it is ordered that for the crime aforesaid, he be burnt
in the hand, at the bar in open court, and that he be nailed to the
pillory by the ears, and stand there one half an hour on each ear, and
that the nail be drawn out without cutting the ear of the sd prisoner
and that he be thence discharged.

Pg 160      James Hamblett,Foreman, Thomas Chaffin, George
Cardwell, John Rice, Thomas Liggon, Ebenezer Vernon, Richard Dabb,
John Blankenship, William Brizendine, Charles Crenshaw, Joseph
Barksdale, William Marshall, William Mullins, John Hankins, William
Rice, Samuel Spenser and Josiah Foster, were sworn as a Grand Jury and
returned presentments against:
    John Tankersley for swearing one oath at Archibald Campbell's
store the 23rd day of July.
    James Skelton for swearing one oath at Capt Collin's Muster the
16th day of July.
    Dudley Holt for getting drunk at this place last July Court.
    William Bouldin for getting drunk the 15th day of July last, at
this place.
    William Bibb, Philip Bibb and John Marable for interrupting the
congregation at time of Publick worship at Sandy Creek Meeting House
the 17th day of July last by information of Henry Ford.

    1 August 1791
Pg 161      (Here is found the final settlement of the estate of
Francis Roberts showing the distribution to the heirs, and including a
plat of the land divided to the widow and six heirs.)

Pg 165      The Commonwealth vs Abner May on a presentment by
the Grand Jury for Horse racing.
    Comes William Cowan, Attorney for the Commonwealth and a jury to
wit; Valentine Sublett, William Marshall, Thomas Ford, Turner Mann,
Anthony Phillips, Adam Huntsman, Andrew Hannah, William MacKenny, John
Foster, William Foster, John Ward and Young Pugh, who being tried and
sworn do say the defendant is guilty of the offense of which he stands
presented by the Grand Jury the 7th day of August 1791, in that he is
guilty of horse racing in manner and form as set forth, and it appear-
ing to the court they cannot render judgment on the verdict of the
jury because the sum won and lost not being ascertained, therefore the
presentment is ordered to be dismissed.

    1 October 1791
Pg 179      Thomas Harvey Jnr, son of Forty Eight is recommended
to his excellency, the Governor as a lieutenant of the militia in the
place of John Barksdale, who has resigned.

    1 November 1791
Pg 187      Phil Jackson, Exo'r of Benjamin Lawson, dec'd;
Plaintiff vs Joseph Adkins; Defendant*
    Jury consists of Valentine Sublett, John Fuqua, Samuel Rogers,
James Dudgeons, James Rogers, Sackville Brewer, Nathaniel Rogers,
Thomas Ford, Hezekiah Ford, John Ford, William Adams and Adam

    1 December 1791
Pg 194      A trial held for Moses, a negro man slave,belonging
to Philip King, who stands charged with being guilty of feloniously
breaking open the dwelling house of Jeremiah Liggon in Chesterfield
county, on the 15th day October last, and stealing thereout three
pounds, thirteen shillings and four pence in cash and sundry cloaths
of the value of four pounds, and also for feloniously breaking open
the shop and chest of Pleasent Cace of this county and stealing
thereout, cloth and cloaths of the value of three pounds current
(Moses is found guilty and ordered to be burnt in the hand and nailed
by the ear to the pillory for one half hour each ear, and the nail
withdrawn without cutting the ear.)

Pg 197      The County Levy is reported and includes the
Reps Osborne for two young wolves.........  300# Tobacco
Reps Osborne for 3 young wolves...........  450# Tobacco
Philip Osborne 1 old wolf................       300# Tobacco

    1 February 1792
Pg 200      James Callicott is appointed Surveyor of the Road
whereof John Norris was late surveyor.
    Ordered that Langston Bacon, Hilliary Moseley, Miles Bottom and
Edward Moseley Jnr., or any three of them being first sworn for that
purpose, do view a way for a road to be laid open and cleared from Cox
Road where the Court House Road joins the sd road to the Bibb's Ferry
Road at Websters, and they shall report to the court . . . etc

    1 March 1792
Pg 203  Obediah Claybrook, Foreman, Sackville Brewer, Julius
Glazebrook, Charles Crenshaw, John Rice Snr., William Rice,  Thomas
Pottier, Philip Goode, Josiah Foster, Richard Dabb, Burwell Brown,
Charles Hansay, Henry Madison, Ebenezer Vernon, Thomas Chaffin, James
Hamblett, William Foster, John McCargo and William Marshall were sworn
as a Grand Jury returning only presentments against Surveyors of the

Pg 204      Joseph Ferguson Snr., vs  Benjamin Watson
.....Also a jury towit: Hillary Moseley, George Jude, Anthony Hundley,
John McCargo, James Segar, Isaac Smith, Arthur Moseley, Thomas Ford,
Josiah Moseley, Nathaniel Rogers, Robert Prewit and Lewis Jackson...

Pg 217      (Here appear the first of what is to become a
standard feature of the last month of each quarter, a section entitled

    1 April 1792
Pg 222      Langston Bacon, Edward Moseley and Hillary Moseley,
who were appointed to view a way for a road to be opened and cleared
leading from Cox's Road at the Court House Road to Bibb's Ferry Road
at Webster's made their report...Langston Bacon is appointed Surveyor
of the road, and it is ordered that he, with his own male laboring
tithables, and those belonging to Isaac Brizindine, Miles Bottom,
Jonathan Ashworth and Harrison Ashworth do forthway lay open and clear
the way.

    1 May 1792
Pg 223      Obediah Claybrook,Foreman, Willaim Harrison, Thomas
Pettus, William Rice, John Sandefur, Henry Ford, William White,
Richard Dabb, Thomas Chaffin, Thomas Ligon, Martin Matthewson, John
McCargo, Philip Goode, Thomas Redman, Julius Glazebrook were sworn as
a Grand Jury...(returned presentments for sell liquor without a
license, and not keeping the roads in repair)

Pg 235      Information is given and a complaint is made to the
Court that a certain Richard Ross of this county has been guilty of
insulting and abusing James Patillo, Gent. one of the Justices of the
county aforesaid, with abusive and blasphemous language, when in the
execution of his office, with Benjamin Hazelwood and John Sandefur,
under order of this court, acting as Commissioners in directing and
allotting off the dower of Ann Verner...

    1 June 1792
Pg 245      Ordered that James Callicott, William Callicott,
Henry Ford, William Brizidine, or any three of them, having first been
sworn for that purpose, to view a way proper for a road to be laid
opened and cleared leading from James Callicott's to Sandy Creek
Meeting House, and that they report to the Court,etc.

Pg 249      Rates for Liquors are adjusted and set as follows:
West India Rum, by the Gill 0/00/04
Wine by the quart   0/03/00
French Brandy by the Gill   0/00/03
Peach or Apple Brandy by the Gill   0/00/04
Whiskey by the Gill 0/00/03
Cyder by the quart  0/00/04
Breakfast       0/01/03
Dinner          0/02/00
Lodging for the night   0/00/06
Corn or Oats by the gallon  0/00/07 ?
Fodder by the pound 0/00/01
Pasturage for a horse, 24 hours 0/00/06
Stablage for a horse, 12 hours  0/00/12

    On the motion of Beverly Callicott, who made oath according to law,
certificate is granted him for obtaining letters of administration in the
estate of Liggon Vaughn,dcd.. whereupon he with William Callicott, his
security, acknowledge themselves bound by law for that purpose.

    Ordered that Francis Barnes, James Callicott, William Callicott and
William Brezindine, or any three of them, do appraise in current money, the
slaves, if any, and the personal estate of Liggon Vaughn, dec'd, and that they
report the same to the court.

    1 July 1792
Pg 250      Samuel White, Joel Watkins, Thomas Spenser Jnr. Francis Scott and
Richard Gaines are appointed to let the building of a stone prison twenty-two
by eighteen, eighteen foot pitch. The consideration not to exceed the sum of
?250, and the letter is authorized to draw on the Collector for the sum of ?75
in advance, the undertaker giving bond for the performance of the contract by
the first day of July, next.

 ... This is the beginning of a series of actions revolving around
a family fight.