Bertie COUNTY NC COURT - Inquest - Death of Mildred Smithwick Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm File contributed for use in USGenWeb Archives by Grace Williamson Turner http://www.usgwarchives.net/nc/bertie.htm Death of Mildred Smithwick North Carolina At a Supreme Court of Justice Oyer of Terminor & General Goal Delivery began & held at Edenton on the Second Tuesday in April in the thirty first year of the Reign of our Sovereign Lord George the Second now King of Great Britain & so forth, for the Countys of Currituck Pasquotank Perquimons Chowan Bertie & Tyrrel before the Honorable Peter Henley Esq'r Cheif Justice of the Province aforesaid & the rest of the Justices of the said Courts~~ The Jurors for our Lord the King upon their Oath Present that Annis Legett late of Society Parish in Bertie County Spinster on the first day of July in the Thirty first year of the Reign of our sovereign Lord George the Second King of Great Britain France and Ireland defender of the Faith (and so forth) with Force and arms at the Parish aforesaid in the County aforesaid in and upon one Mildred Smithwick in the Peace of God and our said Lord the King then and there being feloniously and in the fury of her Mind did make an assault and that the said Annis Legett with a Certain Sythe of the Value of one Shilling Sterling money of Great Britain which she the said Annis Legett in both her hands then and there had and held the said Mildred Smithwick in and upon the left Side of the Breast of her the said Mildred Smithwick then and there in the fury of her mind feloniously did Strike giving unto the said Mildrd Smithwick then and there with the Sythe aforesaid in and upon the said left side of the Breast of her the said Mildred Smithwick one Mortal wound of the Breath of Two Inches and Depth of four Inches of which said mortal wound she the said Mildred Smithwick then and there Instantly died and so the Jurors aforesaid upon their Oath aforesaid do say the said Annis Legett the said Mildred Smithwick in Manner and Form aforesaid then and there feloniously and in the Fury of her Mind did Kill & Slay against the peace of our said Lord the king his Crown and Dignity Robert Jones jun'r Atto. pro'd no Reg Dom Rex vs Annes Legett} Manslaughter Evil. Pro Rege Merriam Bentley Ruth Bentley Will: Smithwick Sworn & sent Sam Johnston SC Ignoramus-Edw'd Vail Foreman Deposition of William Smithwick: Bertie County} The Deposition of William Smithwick being of full age and Sworn on the holy Evangalist Deposeth and Saith that on Friday the first Day of this Instant July Being on the plantation of John Smithwick of the County afors'd Cuting oats With a Sithe there Came to him Ruth Bently Meriam Bently and Annis Leaget & Mildred Smithwick and after some small time this Deponant Laid down the Sithe out of his hand turn'd his back to the place and was Talking to the said Ruth & Meriam Bently he heard the Sithe as he thought Strike in the oats. Turning his head Round he Saw the Sithe drop put of the hands of the said Annis Leaget with the point Toward Mildred Smithwick and imediately he Heard the said Mildred Smithwick Cry out as though she Was hurt this deponant Went to her the said Mildred & took her in his armes and carried her in to the house of John Smithwick and Laid the said Mildred Smithwick on a Table Where she Imediately Expired farther this Deponant saith that he saw a wound on her Left side Which he thought was done by the Sithe in the hands of the said Annis Leaget and farther saith that he Never Knew aney Quarrell or diffrance Betwen the said Annis Leaget and the said Mildred Smithwick and farther this Deponant saith Not Taken before me this 2d day of July 1757. William Smithwick Jo's Hardy Coroner Deposition of W'm Smithwick Colonial Court Records. Criminal Papers - General & Assize Courts 1745-1749. Criminal Papers - General Assize & Supreme Court 1750-1759. CCR 178. Submitted by Grace Williamson Turner Copied as closely as possible from original. Original spelling retained.