NC, Craven, Court, New Bern District Court Records 13 ========================================================= USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed Sue Guptill by July 2001. ========================================================= New Bern District Court Records DSCR 206.326.3 Folder: 1793 Information: Appears to be an appeal for arrest of judgement in case of State vs. Cormick HIGGINS for imbezzlement. Jury finds HIGGINS guilty of felony whereof he stands charged, but not under statute but at common law. Follows a list of reasons why this should be set aside. First, there does not appear on the face of the indictment what the offense is that the state meant to charge the prisoner, so the jury can't possibly know what judgement to pass on him. Four other reasons are given, include definitions of grand larceny. Date: March term 1792 Date of: Appeal County: Not given Folder: 1793 Information: Summons for Benjamin GRIFFIN to appear and testify on behalf of Edward SWINEY and wife against Francis LOFTIN. Date: 19 Mar 1793 Date of: Summons County: Lenoir Folder: 1793 Information: Appearance bond for Thomas HENBY with Joseph HENBY and Thomas GRIZZARD to appear and answer following charges: 1. assault on Joseph PATE, 27 Feb 1789; 2. assault on Sarah MUSICK on 7 Apr 1789; 3. assault on John MUSICK, 9 Apr 1789; 4. assault on John MUSICK senior 10 Jan 1790; 5. assault on John MUSICK the younger 10 January 1790; 6. assault on John BEARFIELD 20 Mar 1790; 7. setting fire to the dwelling house of William BRIT 17 Jan 1790. Date: 23 Feb 1793 Date of: Bond County: Glasgow Folder: 1793 Information: Appearance bond for Thomas HENBY with Moses FIELDS Esqr.. and Enos ELLIS to appear and answer various charges against him. Date: 4 Sept 1793 Date of: Bond County: Glasgow Folder: 1793 Information: Summons for John HENBY to forfeit bond on a charge of failing to appear Date: 19 Sept 1792 Date of: Summons County: Glasgow Folder: 1793 Information: Summons for John Charles PONSONBY, John CASWELL, & Stephanus SHEPPARD to forfeit bond for failure of PONSONBY to appear and answer charge against him. Date: 19 Sept 1792 Date of: Summons County: Glasgow Folder: 1793 Information: Summons for John Charles PONSONBY and John FAIRCLOTH to forfeit bond for failure of PONSONBY to appear and answer charge against him. Date: 19 Sept 1792 Date of: Summons County: Glasgow Folder: 1793 Information: Appearance bond for John Charles PONSONBY with bondsmen Stephanus SHEPPARD and John CASWELL to appear and answer charge of assault on William BRITT. Date: 1 Sept 1792 Date of: Bond County: Glasgow Folder: 1793 Information: Appearance bond for John FAULKNER with Thomas PHILLIPS to appear and testify against John C. PONSONBY on charge of robbery of said John FAULKNER. Date: 2 Apr 1792 Date of: Bond County: Lenoir Folder: 1793 Information: Arrest warrant for David MAY, Thomas JENKINS, Walker KNIGHT, & Jesse KNIGHT on charge of assault of John WORSLEY on 25 Apr 1790 Date: 19 Sept 1792 Date of: Warrant County: Edgecombe Folder: 1793 Information: Slip of paper torn in half listing court costs for John LENNON vs. Benjamin WILLIAMS. Appears it is to be sent to Sals. Sup. Co. Law. Only other names are att. R. WILLIAMS, Shff. B. WILLIAMSON, and "A. JOYCE.." Date: Mar term 1794 Date of: County: Not given Folder: 1793 Information: Summons for Ephraim STANDLEY based on complaint by Edmond HUTCHINS that STANDLEY killed hogs belonging to Edwin BUCKTON. Bottom adds "Summons Edwin BUCKTON & Richd. GIBBS junr. for state. Back states "the within warrant being returned 26th Nov 1793 judgment against the plaintiff Edmond HUTCHINS for case &c." Date: 25 Nov 1793 Date of: Summons County: Lenoir Folder: 1793 Information: Appearance bond for Sarah SUTTON with William BARFIELD & Mills BARFIELD to appear and testify against Asa BARFIELD of Glasgow Co. who is charged with being an accessory to the murder of Thomas BARFIELD Date:24 Sept 1793 Date of: Bond County: Craven/Glasgow (residence of Asa BARFIELD) Folder: 1793 Information: Oath of Sarah SUTTON before Benjamin SHEPPARD "at the house of Thomas BARFIELD, decd. upon the body said BARFIELD then and there lying dead. To wit: Thomas BARFIELD was in his own yard when John BARFIELD rode up near him and spoke. Thomas BARFIELD asked how he did, and John said that he did not know how he did but damn him he had come to kill him and that he would do it before he quit and rode up near him with a stick in his hand attending to ride on or strike him. Thos BARFIELD told him he did he would kill his horse under him then William BARFIELD son of the said John, and Asa BARFIELD told Thomas Damn him he should not kill his horse if he did he would kill him and after some words William BARFIELD struck Thomas with his fist under or near his ear and John then told him mend up his licks and kill him William then got an ax and struck him and Thomas ? off and Lord have Mercy on him he was kill and deed within a few minutes..." Sarah X Sutton Date: Not given (event and deposition same day) Date of: County: Glasgow Folder: 1793 Information: Appearance bond by Jesse BARFIELD with bondsmen William BARFIELD and Mills BARFIELD to appear and answer a charge of being an accessory before the fact of murder committed by John BARFIELD on the body of Thomas BARFIELD on 6 Sept [1793] Date: 24 Sept 1793 Date of: Bond County: Craven Folder: 1793 Information: Summons for John BARFIELD and William BRITT to appear and testify against John HENBY. [Back: Executed on BRITT; BARFIELD not found].. Date:19 Mar 1793 Date of: Summons County: Glasgow Folder: 1793 Information: Complaint by Thomas MASTIN against Benjamin SHEPPARD that SHEPPARD signed a note for 80 pounds specie dollars 8 shillings to be repaid with interest, and has not repaid. Date: 18 May 1790/September term 1793 Date of: Note/complaint County: Dobbs, Contentnea District Folder: 1793 Information: Warrant for Soloman CHERRY, William CHERRY, Willis CHERRYto appear and answer an indictment for an assault on John WORSLEY April 25 1790 Date:19 Sept 1792 Date of: Summons County: Pitt Folder: 1793 Information: Warrant for Soloman CHERRY to appear and answer an indictment for assault and false imprisonment on John WORSLEY, 20 Feb 1789 [Back: Not found]. Date: 19 Sept 1792 Date of: Warrant County: Pitt Folder: 1793 Information: Note that says: The State vs. Elijah KELLUM: Assault. "Not a true bill" Tobias COBB pros. to pay 1/2 fees. The state vs. Elijah KELLUM et al.: Riot. Not a true bill as to Isaac HUGGINS. Tobias COBB to pay 1/2 fees. There is 1/2 of a piece of paper attached to this one that says on back: The State vs. Tobias COBB. Appears to be a summons for COBB in New Hanover Co. Date: March term 1793 Date of: Note County: Not given/New Hanover? Folder: 1793 Information: Deposition of Sarah SUTTON aged 22 years or thereabouts, single woman, taken before James GLASGOW, William SPEIGHT, and Milus BROOM, justices. ...saith that [she] hath lived at the house of Thomas BARFIELD decd. near a year and a half. That on 6 Sept instant ...Thomas Barfield was at his own house sitting on a chair in the yard that about ten oClock in the forepart of the day John BARFIELD rode up ...about 20 yards from where ...Thomas was sitting ...Thomas answered how are ye. John replied Damn you above I dont know how I am but I come to kill you and will do it before I leave your ground upon which William BAREFIELD junior and Asa BARFIELD came up to the Barrs, and all come into the yard, except Asa who come into the house and told this deponent [Sarah SUTTON] he wanted her to go out, she ...askt what for? Because says Asa There is something going to be done here today and I don't wnt you to see it upon which [SUTTON] said she would not for if anything was to be done she would see it, that...Asa repeated his solicitations and told damage was to be done and he did not want her to see it, that when John came up to where Thomas was sitting he attempted to strike him with a stick...and endeavored to ride over him and said he would ride over & kill him. Thomas said said if he did he would kill his horse if it lay in his power that William BARFIELD stept up and struck him with his fist under his ear upon which John Mind your Blows and kill him God damn him upon which William runned round and pict up an ax and struck him with the eye of the ax under his left breast upon which ...Thomas turned nearly round and said Lord have Mercy on me he has killed me and fell; that [SUTTON] and ...Asa BARFIELD during the whole of the transaction was sanding in the door and looking at them that [SUTTON] begging him to go out and not let William strike with the ax when she saw him pick it up that he said he would not, nor did not till the mortal blow was given that William after striking the first blow with the axe drew back to strike again that Asa ran and catched the axes from him and whorled William round, that Willliam and John then turned round and went off together that Asa pickt up his uncle Thomas and brought him in his arms, that he appeared to do this without any concern of disturbance at what had happened." Sarah X SUTTON Date: 6 Sept 1793/9 Sept 1793 Date of: Event/deposition County: Glasgow Folder: 1793 Information: [Note: Edge of this document is torn away-sbg]. Deposition of Pearce BARFIELD (female) taken near the house of Willie BARROW upon view of the body of Reddick BARFIELD then and there lying dead. Stated she was riding with Reddick BARFIELD and Micajah BARROW on the way to Stephen CADES when one of them mentioned a dispute between them which they had settled. After some time Micajah BARROW asked Reddick BARFIELD why he would be so unkind to his daughter, this deponent [Pearce BARFIELD] "that he would not give her a ring which he had taken from her and after some some talk on the subject Reddick BARFIELD said he would give to her as soon [torn] he got to the house & took a drink of grog but still mentioned at times that it was his own ring, at length Micajah BARROW said to [Pearce BARFIELD] You dont care so much about the rind do you she said she did because her grandmother gave it to her on which Reddick BARFIELD told Micajah BARROW tht he had a good mind to drive his, Micajahs teeth down his throat with his gun. Micajah asked him why he would attempt to do that [torn] as that they had made friends he Micajah would not strike him Reddick for five hundred pounds. The said Reddick BARFIELD immediately dismounted himself ...and made a blow with his gun and struck...Micajah BARROW on the head & knocked him off his horse. [Goes on to describe a fight with many blows exchanged]. "Reddick called out and said God Cajah I will kill you I will Damned if I dont and repeated his blow again." [Describes more fighting]. "Micajah BARROW got hold the barrell part of the gun ... [torn] he struck ...Reddick and as [torn] blows Reddick says Cajah I beg and no other words past between them and ...Reddick lay dead." Pearce BARFIELD goes on to say that she had often heard Reddick say that he would kill Micajah "and that he would never be at rest untill he had done it and that she was at the house of William BARFIELD sometime past and that ... Reddick [over in the neighbourhood of the said Micajah BARROW] and he come to the house of ...William BARFIELD and William asked him if he was come Reddick said yes, ...William asked him ...if he had done what he went to do Reddick told him no. ...William very warmly exclaimed agt him and asked ...why he did not kill the damnd son of a bitch at once [torn] have done with it for that he was a fool and would go poking [torn] and not do it untill it would be too [torn] for that he might have killed fifteen Micajah BARROWS before this and have [torn] the ring and never been troubled about it and been gone to sea and damn him for a fool do it the next time went before he returned again. Reddick BARFIELD knodded hishead at William BARFIELD and said to him as this deponant understood, not talk so ferce, for that it should soon be done. Date: 31 Aug/1 Sept [year torn] Date of: Event/deposition County: Dobbs Folder: 1793 Information: Verdict of coroner's jury on view of body of Reddick BARFIELD that he was killed at the hand of Micajah BARROW, who was violently attacked by Reddick BARFIELD and he was acting in his own defense. Based on testimony of Pearcy BARFIELD and sundry others. Jurors: Wm. SHEPPARD, John FAIRCLOTH, William MARTIN, John WILLIAMS, Moses holmes, JESSE HOLMES, Thomas FAIRCLOTH, Mark HEATH, William ANDREWS, William FAIRCLOTH, Joshua GOODSON, Harrod BARROW. Date:1 Sept 1788 Date of: Verdict County: Dobbs Folder: 1793 (second folder) Information: Arrest warrant for William WILLIAMS to answer indictment for assault on Major MUSICK on 25 Dec 1789; assault on William BRIT on 16 Jan 1790; setting fire to dwelling house [of BRIT] Jany 17 1790. Date: 19 Sept 1792 Date of: Warrant County: Glasgow Folder: 1793 (second folder) Information: Appearance bond for William WILLIAMS with John WILLIAMS, bondsman to appear and answer charges for an assault on Major MUSIC on 25 Dec 1789, and assault on William BRIT on 16 Jan 1790, and for setting fire to the dwelling house January 1790. Date:10 Mar "seventeenth year of independence." Date of: Bond County: Glasgow Folder: 1793 (second folder) Information: Deposition of James WOOD that he was security on an appearance bond for James HOMES for Sept term 1791. WOOD appeared, but left without leave. He then appeared, was tried, and acquitted at the Sept. term 1792. An order then issued to WOOD to show cause why his bond should not be forfeitted. He states that he, being an illiterate person, thought he had fulfilled his obligation. He (and the other bondsman) are poor men with several small children, and that exposing their property to public sale to pay the bond would scarcely pay the whole amount and would render them unable to suppor their families. Date: 20 Mar 1793 Date of: Deposition County: Glasgow Folder: 1793 (second folder) Information: Oath by Willoughby WILLIAMS that he was a bondsman for James HOLMES for Sept term 1791. (See above). He was ordered to appear and show cause why his bond should not be forfeit for HOLMES not remaining through the term. He says that at the time he was supposed to appear, he was confined to his home by a severe illness. A deposition from Doctor WILLIAMS has been lodged in the Clerk's office. Date:27 Mar 1793 Date of: Oath County: Glasgow Folder: 1793 (second folder) Information: Appearance bond for Stephen Pen WILLIAMS with bondsmen John C. BRYAN, Esq. & Frederick LOWTHORP to appear on a charge against him. Date: 8 June 1793 Date of: Bond County: Craven Folder: 1793 (second folder) Information: Appearance bond for William WILLIAMS with bondsmen John HOLLIDAY and Probet COLLIER to appear and answer a charge of trespass on the house of William BRIT January 16 1790, also an assault on William BRIT. Date: 29 Mar 1793 Date of: Bond County: Craven Folder: 1793 (second folder) Information: Summons for Edmund ROWE, John SHEFFIELD, Teras HILL to appear and testify against Charles WILLIAMS Date:19 Mar 1793 Date of: Summons County: Craven Folder: 1793 (second folder) Information: Summons for Thomas WILLIAMS, Benjamin HARRISON, Sharp SPIGHT and William COMBS to appear and testify on behalf of Elijah KELLUM, John GILBERT, and others. Date: 19 Mar 1793 Date of: Summons County: Jones Folder: 1793 (second folder) Information: Summons for Tobias COBB, Samuel HALL, George KOONCE, Sarah RUNNALS, William BUCK, and Nicholas A. BRAY to appear and testify against Elijah KELLUM and others. Date: 19 Mar 1793 Date of: Summons County: Jones Folder: 1793 (second folder) Information: Arrest warrant for Elijah KELLUM, John GILBERT, Stephen GREENE, Jesse SKEENE, John ISLER, George METZ, and John MACAFEE to appear and answer a charge of assault and riot. [Back: Executed on all but Jesse SKEENE & George METZ who was not to be found]. Date: 19 Mar 1793 Date of: Warrant County: Jones Folder: 1793 (second folder) Information: Summons for Thos. SITGREAVES, Thos. SITGREAVES, Jr., Andrew BLANCHARD to testify against John HILL. Date: 18 Nov 1799? [Smeared. Back says Nov 1799 in pencil] Date of: Summons County: Craven Folder: 1793 (second folder) Information: Arrest warrant for John HILL on a charge of petty larceny. [Back: Not found]. Date: 19 Sept 1792 Date of: Warrant County: Pitt Folder: 1793 (second folder) Information: Arrest warrant for John HILL on a charge of petty larceny [Back: Not found]. Date: 19 Mar 1793 Date of: Warrant County: Pitt Folder: 1793 (second folder) Information: Bottom half of indictment of John HILL. Appears to give details of what was stolen from Tubbman WOOFORD. Date: Back: Swpt term 1792 Date of: Indictment County: Not present in fragment Folder: 1793 (second folder) Information: Deposition of Anne KENNEDY that she was acquainted with John HILL in Dobbs Co. some years past. She is now living in South Carolina and saw the same John HILL there; after being there some time, he took sick & died. She was with him some nights in his sickness, and saw him after he was dead. Date: 8 Oct 1793 Date of: Deposition County: Dobbs Folder: 1793 (second folder) Information: Summons for Joseph FRILECK to appear and testify against Cormick HIGGINS. Date: 19 Mar 1793 Date of: Summons County: Craven Folder: 1793 (second folder) Information: Appearance bond for Carmick HIGGINS with Isaac GUION, Esq. and William ROSS to appear and answer a charge of stealing articles from Danl. CARTHEY, Esq. Date: 16 Aug 1793 Date of: Bond County: Craven Folder: 1793 (second folder) Information: Deposition of James BARNES who said that he was aboard his boat (9 PM) at new county wharf when Cormick HIGGINS came on board and asked him where he was going from New Bern. BARNES said to Bay River, and HIGGINS asked him if he would take a bundle of goods that he would send him later, and not deliver the goods to anyone except "a free mulatto wench" for whom HIGGINS would give BARNES a letter. About sunrise the next morning he received a bundle from a Negro sent by HIGGINS. At 11 AM he saw HIGGINS at Daniel CARTHEY'S store, told him he had received the bundle. Near the close of day, he saw HIGGINS who gave him a letter to deliver with directions to deliver it. BARNES "not having a knowledge of letters" asked an acquaintance to read the directions to him, and was told that the letter was for Charity JOHNSON. BARNES delivered the letter and bundle to her. "further saith that having understood and believed that Charity JOHNSON was the kept- mistress of said HIGGINS, he readily supposed her allluded to, when HIGGINS requested him to deliver the letter to "a molatto wench.." Goes on to describe the contents of the bundle which he saw when Charity JOHNSON opened it. Date: 16 Jan [no year]. Date of: Event County: Craven Folder: 1793 (second folder) Information: Indictment of Cormick HIGGINS, storekeeper, a servant of Daniel CARTHY, for stealing goods entrusted to him by CARTHY. Date: 1 & 2 Jan 1793 Date of: Event County: Craven