CRAVEN COUNTY, NC - COURT - New Bern District Court Records Dobbs Co. and others, part17, 1797 ============================================================================ 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the North Carolina USGenWeb Archives by: Sue Guptill sguptill@mindspring.com ============================================================================ New Bern District Court Records DSCR 206.326.4 Folder: 1797 Information: Summons for Thomas PINDAR to appear and testify against John Petty COBB. (Back: "Not to be found.") Date: 19 September 1797 Date of: Summons County: Johnston Folder: 1797 Information: Indictment of John PETTYCOB for passing a false silver coin to Henry FINCH. Date: 23 Feb 1774 Date of: Event County: Johnston Folder: 1797 Information: "Rec¹d Greensville 27th Jany 1798 of Gideon MOYE Shff of Pitt the sum of six pounds sixteen shillings in full for the the Clerk's & Attorney¹s fees in the suit Elijah PALMER against David DOUPREE in Newbern superior Court." Date: 27 Jan 1798 Date of: Receipt County: Pitt Folder: 1797 Information: Arrest warrant for David DUPREE to answer charge by Elijah PALMER of trespass, assault & Battery. Date: 25 Oct 1797 Date of: Warrant County: Pitt Folder: 1797 Information: Appearance bond for David DUPREE with Richard MOYE, bondsman to appear and answer charge by Eligah PALMER of trespass. Date: 10 Nov 1797 Date of: Bond County: Pitt Folder: 1797 Information: Arrest warrant for Charles LATHAM to answer an indictment for a riott. Date: 19 Sept [XXth year of Independence] Date of: Warrant County: Hyde Folder: 1797 Information: Summons for Thomas CURTIS to appear and testify against Edmd. PERKINS. Date: 19 Sept 1797 Date of: Summons County: Craven Folder: 1797 Information: Summons for John S. WEST and Thomas CURTIS to appear and testify against Edmond PERKINS. Date: 25 Mar 1800 Date of: Summons County: Craven Folder: 1797 Information: Indictment of Edmond PERKINS. States that on 19 Mar 1797 Blake BAKER swore to John Frink SMITH and Francis LOWTHORP, justices, that Aquilla TAYLOR had stolen a bay gelding from him. TAYLOR was then examined by SMITH and LOWTHORP, and a warrant of arrest issued against him to the sheriff of Craven Co. or his deputy. He was to be conveyed to Halifax Co. for trial. TAYLOR was placed in custody of PERKINS, deputy sheriff. PERKINS is charged with allowing TAYLOR to escape in the county of Pitt. [Note: Blake BAKER is also the Atty. General. It appears that the theft took place in Halifax County, but the warrant was issued in Craven, perhaps because TAYLOR lived there]. Date: 19 Mar 1797/15 Apr 1797 Date of: Theft/Escape County: Craven/Halifax/Pitt Folder: 1797 Information: Indictment of John Coor PENDER, Esquire for an assault on David MOODY. Date: 14 Aug 1797 Date of: Event County: Wayne Folder: 1797 Information: Indictment of Young Cain PHILLIPS, labourer for theft of a black mare from Kinchen BRITT. Date: 18 Feb 1797 Date of: Event County: Glasgow Folder: 1797 Information: Indictment of Francis MEEKS, yeoman; Morritt MEEKS, yeoman; and Allen MEEKS for unlawfully riotously assembling to disturb the peace of the State, and making an assault on Nathaniel NICHOLS, "riotously" and "beating, wounding, and mistreating him." Date: Sept. term, 1797 Date of: Indictment County: Glasgow Folder: 1797 Information: Indictment of William MITCHELL of Newbern, Innholder; William DUDLEY of Craven Co. planter; Joseph CLARK the younger, same County, planter; Charles SAUNDERS the younger, same county, Butcher for riotously and and injuriously assembling with pistols, clubs, and swords, making a great noise and disturbing the peace of the State. They then assaulted a certain Negro slave named Robin, property of Wilson BLOUNT and carried him away. (Back: "Not a true bill"). Date: 6 Sept 1797, about 2 in the night Date of: Event County: Craven Folder: 1797 Information: Indictment of Joseph FRILICH of New Bern, Innholder, for violently entering the dwelling house of William MITCHELL with a loaded pistol & other offensive & deadly weapons and expelling MITCHELL from the house and keeping him out for ____ days. (Back: "Not a true bill."). Date: 9 Mar 1797 Date of: Event County: Craven Folder: 1797 Information: Appearance bond for William SOPER, Robert GULLEY Jun., & Arthur AVIRA to appear and testify against William ROBERTSON, charged with passing counterfeit money. Date: 1 Sept 1797 Date of: Bond County: Not given Folder: 1797 Information: Indictment of William ROBERTSON for passing counterfeit money in the form of 20 shilling bills to William AVERA. Date: 29 Aug 1797 Date of: Event County: Johnston Folder: 1797 Information: Summons for John JERKINS, Tenant BOWEN, Lewis JOHN to appear and testify against Jno W.G. PRESCOTT and others. Date: 19 Mar 1797 Date of: Summons County: Beaufort Folder: 1797 Information: Appearance bond for John ONEAL with John ALLEN and Walter ALLEN bondsmen. Date: 22 Oct 1796 Date of: Bond County: Beaufort Folder: 1797 Information: Summons for John JURKINS Darius SPRULL William UGEMSEY and Lewis JOHN to appear and testify on behalf of Arnold RHODES. Date: 19 Sept 1796 Date of: Summons County: Beaufort Folder: 1797 Information: Arrest warrant for Arnold RHODES, Jno. W.G. PRESCOTT, John O¹NEILL, Thomas JACKSON on charge of Riott. (Back: Executed on John W.G. PRESCOTT & John ONEAL the others not to be found). Date: 19 Sept [XXth year of independence] [Note: XXth year was from 7/4/1796-7/3/1797-sbg] Date of: Warrant County: Beaufort Folder: 1797 Information: Arrest warrant (as heretofore) for Arnold RHODES and Thomas JACKSON. (Back: Not to be found). Date: 19 Mar [19th year of independence]. [Note: 19th year was from 7/4/1795-7/3/1796-sbg]. Date of: Warrant County: Beaufort Folder: 1797 Information: Appearance bond for John W.G. PRESCOTT with Benjamin BLOUNT and Charles COOKS, bondsmen. Date: 22 Oct 1796 Date of: Bond County: Beaufort Folder: 1797 Information: Oath by Darius SPRUILL that during the sitting of the court of Beaufort Co. in Washington in Dec. that he frequently saw Thomas JACKSON, one of the defendants, going about openly and publicly and that he (SPRUILL) on one occasion pointed JACKSON out to Lewis BLOUNT, sheriff, who pursued him towards the courthouse until they were out of sight, so that he is not able to determine whether the said BLOUNT ever came up with JACKSON, but that he (SPRUILL) saw JACKSON again in the town going about openly. Date: March term, 1797 Date of: Oath County: Beaufort Folder: 1797 Information: Indictment of John SMALLWOOD, merchant, for the theft of one barrell of Salted Beef for Morris CLAYTON and one barrell of salted beef from William ROSS Date: 25 Feb 1797 Date of: Events County: Craven (Town of New Bern) Folder: 1797 Information: Appearance bond for William EDMONDSON with Joseph DOWNING and Edward HOMES, bondsmen, to appear and answer a charge of trespass assault and battery. Date: 18 Mar 1797 Date of: Bond County: Glasgow Folder: 1797 Information: Appearance bond for Richard SMITH, with James HOLMS and Childris SMITH to appear and abide by the judgements against him. Date: 17 Jan 1797 Date of: Bond County: Glasgow Folder: 1797 Information: Summons for Martha Jones SHEPPARD Henry BEST Blaney HARPER Senr. & William LEWIS to appear and testify against John SHEPPARD & others. Date: 19 Mar 1797 Date of: Bond County: Glasgow Folder: 1797 Information: Arrest warrant (as heretofore) for John SHEPPERD, Martin G. SHEPPERD, Theophilus BARFIELD, Etheldred SMITH, Noah SMITH, Benjamin SMITH, Rich SMITH, Bryan MINSHAW, Nathn. MINSHAW, Jacob MINSHAW, Jacob SAULS, Edwd. HOLMES, Stephen HOLMES, Thos. TARVER, and John BROWN to answer an indictment for a riott. Date: 19 Mar 1796 Date of: Warrant County: Glasgow Folder: 1797 Information: Arrest warrant for Jno SHEPPERD, Joseph S. BARFIELD, Noah SMITH, Richd. SMITH, Bryan MINSHAW, Jacob SAULS, Stephen HOLMES, Thomas TARVER and John BROWN to answer an indictment for a riott. Date: 19 Sept [XXIst year of independence] [Note: XXIst year was from 7/4/1797-7/3/1798-sbg]. Date of: Warrant County: Glasgow Folder: 1797 Information: Arrest warrant for Thomas TARVER, Theophilus BARFIELD, Nathan MINSHAW, Junr., and Jacob MINSHAW to appear and answer an indictment against them for riott. Date: 19 Sept 1795 Date of: Warrant County: Glasgow Folder: 1797 Information: Appearance bond for Nathan MINSHAW with Thomas HENBY and Fredrik FARRELL (?), bondsmen. Date: 16 Sept 1796 Date of: Bond County: Glasgow Folder: 1797 Information: Numbered list of names: 1. John SHEPPERD, 2. Martin G. SHEPPERD, 3. Theophs. BARFIELD, 4. Etheldred SMITH, 5. Noah SMITH, 6. Richard SMITH, 7. Benjamin SMITH, 8. Bryan MINSHAW, 9. Nathan MINSHAW, 10. Jacob MINSHAW, 11. Jacob SAULS, 12. Thos. HOLMES, 13. Edward HOLMES, 14. Stephen HOLMES, 15. Ruffin PRIDGEON, 16. Thos. TARVER, 17. Robt. BROWN, 18. Jno. BROWN 19. John Lot. WARD. (On back: "List of those indict.") Date: No date Date of: County: Not given Folder: 1797 Information: 1st side: Appearance bond for Thomas HOLMES with Burwell MOURNING & Martin G SHEPPERD, bondsmen. 2nd side: Order to gaoler to commit Thomas HOLMES based on a complaint that on the 14th of Aug 1795 at Snowhill a riotous company assembled and committed divers riotous outrages, to the terror of the people'. Said HOLMES was convicted of participating in this riot in county court. Date: 24 Sept 1795 (1st side)/18 Sept 1795 (2nd side) Date of: Bond County: Craven (1st side­bond)/Glasgow (2nd side/committal) Folder: 1797 Information: Appearance bond for Edward HOMES Stephen HOMES farmers with Willoughby WILLIAMS Esq. and James HOMES, bondsmen, to appear on a charge of riot committed sum time past in Snowhill. Date: 7 Sept 1796 Date of: Bond County: Glasgow Folder: 1797 (second folder) Information: Appearance bond for Joseph HOLMES with James HOLMES bondsman to appear for trial. Date: 17 Feby 1797 Date of: Bond County: Glasgow Folder: 1797 (second folder) Information: "Witnesses Sumd in this Prosecution see file Martha Jones SHEPPERD, Henry BEST, Blaney HARPER, William LEWIS" [note: this is all that is on this slip of paper-sbg] Date: Not given Date of: County: Not given Folder: 1797 (second folder) Information: Indictment of John SHEPPARD, planter; Martin Gardner SHEPPARD, planter; Theophilus BARFIELD, labourer; Etheldred SMITH, planter; Noah SMITH, labourer; Richard SMITH, planter; Benjamin SMITH, labourer; Bryan Minshew, labourer; Nathan MINSHEW, labourer; Jacob MINSHEW, labourer; Jacob SAULS, planter; Thomas HOLMES, labourer; Edward HOLMES, planter; Stephen HOLMES, planter; Ruffin PRIDGEON, planter; Thomas TARVER, planter; Robert BROWN, labourer; John BROWN, labourer; John Solomon WARD, labourer "with other divers evil disposed persons (to the Jurors as yet unknown)" for unlawfully and riotously assembling to disturb the peace and while so gathered assaulting and beating John HOLLIDAY. Date: 14 Aug 1795 Date of: Event County: Glasgow Folder: 1797 (second folder) Information: List of witnesses in the case of the state vs. John SHEPPARD and others indicted for riot: Saml. HOLLIDAY (pros. witness), John HOLLIDAY, Graves BRIGHT, Fred. DIXON, Willm. REDDICK, Wm. LEWIS, Silas LASSITER, Zach. HART Date: Not given Date of: County: Not given Folder: 1797 (second folder) Information: Slip of paper with a list of names as follows: Jno SHEPPARD­runaway; MG SHEPPARD­in the county; Theophilus BARFIELD­isd. [in the county]; Etheld. SMITH­isd. [in the county]; Noah SMITH­runaway; Ben SMITH­isd. [runaway]; Ben SMITH­isd. [in the county]; Richd. SMITH­isd. [in the county]; Bryan MINSHEW­isd. runaway; Nathan MINSHEW­isd. [in the county]; Jacob MINSHEW­isd. [in the county]; Jacob SAULS­isd. [in the county]; Eddwd. HOLMES­isd. [in the county]; Stephen HOLMES­isd. [in the county]; Ruffin PRIDGEON­isd. [in the county]; Thos. TARVER­isd. [in the county]; Thos.. HOLMES­runaway; Robt. BROWN­runaway. Date: Not given Date of: County: Not given Folder: 1797 (second folder) Information: Order to present sheriff of Craven Co. to summon the previous sheriff, William HENRY to appear and show cause why he shouldn¹t be fined for failing to return a writ of Frieri Fracias in the suit of John Edge TOMLINSON against David WITHERSPOON admr. of Abner NASH. Date: 19 Mar 1797 Date of: Order County: Craven Folder: 1797 (second folder) Information: Indictment of William HENRY for forging 2 promissory notes from William Martin HERRITAGE to William DONALDSON. Date: 19 Nov 1792 Date of: Event County: Craven Folder: 1797 (second folder) Information: Summons for John HOLLIDAY to appear and testify on behalf of Jesse LASSITER against Thomas HENBY. Date: 19 Sept 1797 Date of: Summons County: Glasgow Folder: 1797 (second folder) Information: Fees due to Graves BRIGHT for appearing as a witness in the case against Martin G. SHEPPARD. (Total 5.18.4) Date: Sept. term 1797 Date of: Claim County: Not given Folder: 1797 (second folder) Information: Summons for Thomas PINDAR to appear and testify against John Petty COBB Date: 19 March 1797 Date of: Summons County: Wayne Folder: 1797 (second folder) Information: Arrest warrant ("as before") for John P. COBB on a charge of uttering counterfeit money. (On back: "Received the writ the 27th February 1798." "Not to Be Found in Johnston County") Date: 19 Sept (XVII year of independence) [Note:XVIIth year was 7/4/1793-7/31794.:-sbg]. Date of: Warrant County: Johnston Folder: 1797 (second folder) Information: Summons for John PRICE, Simon PRICE, and Thomas PINDAR to appear and testify against John Petty COBB Date: 19 Mar 1794 Date of: Summons County: Johnston Folder: 1797 (second folder) Information: Arrest warrant for John Petty COBB Date: 19 Mar 1795 Date of: Warrant County: Nash Folder: 1797 (second folder) Information: Arrest warrant for John Petty COBB Date: 19 Sept XXIst year of Independence Date of: Warrant County: Nash Folder: 1797 (second folder) Information: Statement of John Petty COBB, charged with passing counterfeit money. States he purchased a pair of of dollar moles from Charles MCFEE and produced 2 base dollars. One of these was lent to Henry FINCH. COBB stated he molded the base dollars in the moles he purchased of Charles MCFEE. (Statement made to Samuel SMITH). Date: 23 Feb 1794 Date of: Statement County: Not given Folder: 1797 (second folder) Information: Summons for Sarah COBERN and Ann PRICE, William WYATT to testify in case against Jacob BRILEY Date: 19 Sept 1797 Date of: Summons County: Martin Folder: 1797 (second folder) Information: Summons for Loverick TEEL to testify against Jacob BRILEY Date: 19 Mar 1798 Date of: Summons County: Pitt Folder: 1797 (second folder) Information: Indictment of Jacob BRILEY for poisoning John JONES by giving him tea "mixed and mingled" with white arsenic. This occurred between the 1st and 7th days of January, 1794. Date: 7 Jan 1794 Date of: Event (date of John JONES¹s death by poison) County: Pitt Folder: 1797 (second folder) Information: Summons for Mary DAVIS and David HUDLER to appear and testify against William GRAY, Gilbert GRAY, and Nathan WOMBLE. (Back: "Not executed for want of time"). Date: 19 Sept 1797 Date of: Summons County: Craven Folder: 1797 (second folder) Information: Summons for Thomas JONES, Stephen BROOK, & Ann WILKINSON to appear and testify for the state by John HADDOCK against Benja. BUCK. Date: 19 Mar 1797 Date of: Summons County: Pitt Folder: 1797 (second folder) Information: Blank sheet­only says: "The State by John HADDOCK prosn vs. Benja. BUCK. Filed Augst. 29th 1797. Sept. term 1797" Date: Not given Date of: County: Not given Folder: 1797 (second folder) Information: Order to Coroner to make known to the sheriff that he is required to appear at the next court and show cause why he should not be fined for failing to arrest Thomas JACKSON, who was charged with Arnold RHODES et al with a Riott and Assault. Date: 19 Mar 1797 Date of: Order County: Beaufort Folder: 1797 (second folder) Information: "Jonathan BELL maketh oath that being summoned as a Juror to attend this Court at the previous Term, from the county of Hyde, He was in Town at the first Calling of the Jury at the Commencement Of the Term. But was so indisposed in his bowels that he was obliged to go aside, to satisfy the Calls of Nature and was not within hearing at the first Call of the Jury but came into Court immediately afterwards, and was informed he was fined, he therefore hopes, as his absence was not voluntary, but occasioned by the aforegoing Sircumstance, that his side fine may be remitted." (On back: "Excus¹d"). Date: September term 1797 Date of: Oath County: Hyde Folder: 1797 (second folder) Information: Oath by Joseph BORDEN "returned to serve as juror at this court" that he is the master of a vessel now lying at the port of Beaufort that is ready to sail for Philadelphia. The vessel is detained by BORDEN¹s absence during this court term. This is a great injury to BORDEN and the owner. BORDEN begs to be excused for the remainder of the term, so that his ship can sail. His brother, William BORDEN is now attending court and is willing to serve in his place. Date: 20 Mar 1797 Date of: Oath County: Carteret Folder: 1797 (second folder) Information: State vs. Wm. HENRY: Deposition of William HERRITAGE that he was bound over to prosecute case against HENRY at the last term of court (Sept), and he did appear, but the case was continued. HERRITAGE was then bound to appear at the present term (Mar), but the indisposition of his body makes it impossible for him to appear, and he asks for a continuance. Date: 30 Mar 1797 Date of: Deposition County: Craven Folder: 1797 (second folder) Information: Oath of John GAYLORD that he was called as a juror from Hyde Co. He left home on Friday 17 Mar to come to Newbern by water, the most usual way to travel from his part of the county. Due to unfavorable winds, he did not arrive until 23 Mar, and has been in constant attendance as a juror since. Date: 1 Apr 1797 Date of: Oath County: Hyde Folder: 1797 (second folder) Information: Oath of John WINFIELD, Britain MOORE, Alexander KITTPATRICK, William TAYLOR, William JORDAN, & John T. BRYAN (might be John F. BRYAN) that they did not respond when called as jurors and were fined 20 p. They state they were present, but had stepped out with permission of Judge WILLIAMS. (Back: The fines of the within jurors were remitted). Date: 31 Mar 1797 Date of: Oath County: Not given Folder: 1797 (second folder) Information: Oath of William JORDAN that he was summoned as a juror. He lives about 45 miles from Newbern, and intended to set out on Sunday "last", but was prevented from doing so because his horse was sick. He was not able to get another horse until Monday about 11 or 12 oclock, and he did not arrive in Newbern until after the jurors were called yesterday. (Back: remitted). Date: 22 Mar 1797 Date of: Oath County: Pitt Folder: 1797 (second folder) Information: "Jesse HINTON maketh oath that he is not according to the best of his knowledge and belief 21 years of age, nor has he ever understood to the contrary but verily believes, that he was but twenty years of age on the first day of January last past yet by some mistake or misunderstanding he has been returned to serve this court as a juror for the County of Johnston." Date: March term 1797 Date of: Oath County: Johnston Folder: 1797 (second folder) Information: Oath of William GOOD that he was summoned to attend as a juror, but he was so ill in bed with a fever as to render him incapacitated to transact either his own business or to serve the publick in that capacity. Further he has a course depending in this court & prays exclusion by Act of Assembly. Date: September term 1797 Date of: Oath County: Craven Folder: 1797 (second folder) Information: Oath of Joseph GIBBS, Senr. that he was summoned as a juror from Hyde Co. and left Friday "last" by water to attend, but was detained by contrary winds until last evening. From the part of the county where GIBBS lives the most convenient and usual way of getting to Newbern is by water. Date: 22 Mar 1797 Date of: Oath County: Hyde Folder: 1797 (second folder) Information: Oath of Thomas BOYD that he was summoned as a juror and his place of residence is 51 miles from Newbern. He was prevented from leaving on Monday by rain, so that he could not travel in comfort or safety. Since he had never before been called as a juror, he took advice from persons who had done so that he did not need to attend until the 2nd day of court, and he relied on this as well as being prevented by the rain. Date: September term 1797 Date of: Oath County: Beaufort Folder: 1797 (second folder) Information: Oath of Zachariah SPENCER that he was summoned as a juror from Hyde Co. and left Friday "last" by water to attend, but was detained by contrary winds until last evening. From the part of the county where SPENCER lives the most convenient and usual way of getting to Newbern is by water. Date: 22 Mar 1797 Date of: Oath County: Hyde Folder: 1797 (second folder) Information: Oath of William THOMSON that 5-6 days before the sitting of Court in Sept. that he was taken ill with a bilious fever and was so ill for 12 days that he could not ride or travel. He sent all his papers of returns to the Clerk of Court, and his being ill was the only reason why he did not attend at the first meeting. After the court had been in session for 6-7 days he was able to ride & was then compelled to go to Raleigh to settle with the Treasurer for taxes for his county, an Act of Assembly making it the duty of the sheriff to settles on or before the 1st of Oct., and had he come by way of Newbern he could not have gotten to Raleigh in time, as he was obliged to make short stages on account of the weak state he was left in by the fever. Date: 20 Mar 1797 Date of: Oath County: Carteret Folder: 1797 (second folder) Information: Oath of John TULL that he was summoned as a juror at this term, and owing to his understanding that the judges would not open the court until late in the day, went to do some small private matters. On hearing that court was opened he went immediately, and learned that the Grand Jury had been impanelled, he had been fined. Date: Sept term 1797 Date of: Oath County: Lenoir Folder: 1797 (second folder) Information: Oath of Saml. SPEIGHT that he is a deputy sheriff who was to attend court and do the duty of the sheriff. On the Saturday before the court he received a violent kick from a horse, which disabled him from riding for 5- 6 days. As soon as the swelling abated a little, (on Friday, the 4th day of court), he set off, and though riding caused his leg to swell again and to become extremely painful he persisted, and arrived here on Sunday. He has been in attendance since. Date: Sept. term 1797 Date of: Oath County: Glasgow Folder: 1797 (second folder) Information: Called for jury duty 19 Mar: Henry CARRAWAY, Thomas NELSON, Joseph MASTERS, Stephen HEATH, Joseph LOFTIN, John JONES, Hardy GATLEN, Thomas W. YORK, Alexander CARRUTHERS Date: 16 Dec 1797 Date of: Jury summons County: Craven