CRAVEN COUNTY, NC - COURT - New Bern District Court Records Dobbs Co. and
 			    others, part26, 1806
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New Bern District Court Records
DSCR 206.326.5


Folder: 1806
Information: Indictment of Anthony DYER, justice of the peace, for refusing to 
allow bail to Lemuel CHERRY, who was brought before him on a charge that was 
not a capital one. CHERRY offered sufficient bail and had sufficient persons 
for his bail, but DYER maliciously caused him to be jailed instead. (CHERRY 
was brought before DYER by Benjamin BLOUNT, constable).
Date: 10 Dec 1805/January term 1806
Date of: Event/Indictment
County:  Beaufort

Folder: 1806
Information: Indictment of Nathan FISH, labourer, for beating James BOND with 
a stick and with both hands and kicking him with both feet, on his head, neck, 
shoulders, back and sides. BOND lived for 1 day and died the next day. In 
addition, ³ŠJames BOND then and there being sick and afflicted [presumably 
from the injuries caused by FISH-sbg], he the said Nathan FISH did Štake and 
carry and expose the said diseased body of ŠJames BOND in, to and unto the 
open and unholesome air, of which said taking, carrying and exposing of the 
diseased body of ŠBONDŠdid languish, and languishing did live² for 1 day, and 
then died.
Date: 1 Dec 1805/2 Dec 1805/Jan term 1806
Date of: Event/death/indictment
County:  Lenoir

Folder: 1806
Information: [Folded in with above document-sbg]: Arrest warrant for John 
PHILIPS Junr, Nathan FISH & Willie FISH on a charge against them and others 
for a riot.
Date: 19 Mar, 23rd year of independence (1798)
Date of: Warrant
County:  Craven

Folder: 1806
Information: [Folded in with above documents-sbg]: Witness bonds for Kiseah 
WEATHERINGTON, William FISH, James MORE & Polly MORE his wife, Jenny PHILLIPS, 
Wiley FISH, John FISH, Ann HARRISON, Sarah FISH, & Willis WEATHERINGTON & 
Rheuben WEATHERINGTON & Ben COLEMAN to appear and testify in the case in which 
Nathan FISH is charged with having murdered a certain orphan boy named James 
BOND.
Date: 6 Jan 1806
Date of: Bond
County:  Lenoir

Folder: 1806
Information: [Folded in with above documents-sbg]: ³To all sheriffs and 
constables within this state to whom these presents shall come. Whereas 
Ambrose JONES, coroner of the county aforesaid hath this day made information 
to me one of the justices of the peace for said County that upon an 
Inquisition Šin the county aforesaid on the 8th day of the present month Decr. 
upon the view of the body of James BOND there lying dead and upon the oath of 
several witnesses it was the oppinion of the jury the said BOND was murdered 
by Nathan FISH of this County who are since fled for the same and not yet 
apprehended Therefore in the name of the state I charge & command you and 
every of you in your several countys to search diligentlly for said Nathan 
FISH the murderer and to make Hue & Cry after him from town to town & from 
County to County as well by horsemen as foot men & if you shall find him By 
whom said felony Committed or whom you shall have just Cause to suspect 
thereof that then you apprehend & bring him Before a justice of the peace 
Šs/Jn BRUTON² 
Date: 21 Dec 1805
Date of: Order
County:  Lenoir

Folder: 1806
Information: [Folded in with above-sbg]: Letter: ³Dear Sir, I sent down by Mr. 
James WIGGINS the verdict of the Jurys of Inquest that was held over the Body 
of MCABES wife supposed that MCABE kiled her, by the Jurey­also one more 
Inquest that was held over the body of James BOND an orphan­supposed was kiled 
by one Nathan FISH­I folded up all those papers & sent them down by Mr. 
WIGGANS & he told me when he Returned that he gave them you as soon as he got 
in Newbern he says that you were one of the first men he spoke to & then give 
them to you­my reason for writing to you about them was told by Mr. LANGSTON 
who is one the witness against FISH he gold me that you told him they had not 
Reached your Hand but I do tell you upon my word & honor I sent them down by 
WIGGANS & he was as I have found a very punctual man to do business from your  
Humble Servant. A. JONES²
Date: 20 Jany 1806
Date of: Letter
County:  Lenoir

Folder: 1806
Information: State vs. Robert McCABE: Witness charge by Mary NORRIS. Includes 
101 miles travel. Refers to January term, 1806
Date: 25 Jan 1806
Date of: Charge made
County:  Not given

Folder: 1806
Information: State vs. Robert McCABE: Witness charge by Richard SMITH. 
Includes 100 miles travel. Refers to January term, 1806
Date: 25 Jan 1806
Date of: Charge made
County:  Not given

Folder: 1806
Information: State vs. Robert McCABE: Witness charge by Edith SMITH. Includes 
100 miles travel. Refers to January term, 1806
Date: 25 Jan 1806
Date of: Charge made
County:  Not given

Folder: 1806
Information: State vs. Robert McCABE: Witness charge by Sally WALKER. Includes 
100 miles travel. Refers to January term, 1806
Date: 25 Jan 1806
Date of: Charge made
County:  Not given

Folder: 1806
Information: Coronerıs inquest into the death of Patty McCABE, wife of Robert 
McCABE. Coroner: Ambrose JONES. Jury: Bryan WHITFIELD senior, foreman, Dennis 
[X] PERDUE, Matthew MOSELEY, Lewis WHITFIELD, Daniel [X] WATERS, Pearce [X] 
MOZINGO, John [X] ROWSE, John [X] WATERER, Richard CASWELL, John [X] GRAY, 
Benjamin [X] SUTTON, Thomas UZZELL, John WATERER Sen., & Thomas ALDRIDGE. Jury 
of inquest finds that R. McCABE, with sticks and clubs, struck P. McCABE on 
the right cheek, mortally wounding her. In addition he gave many other wounds 
and bruises on the head arms legs and other parts of the body, of which P. 
McCABE instantly died. Jury also states that to their knowledge R. McCABE has 
no goods or chattel, lands or tenements within the County or elsewhere.
Date: 29 Oct 1805/30 Oct 1805
Date of: Event/Inquest
County:  Lenoir

Folder: 1806
Information: [Document torn-sbg]: Inquisition upon the body of Patty McCABE 
before Ambrose JONES, coroner by Bryan WHITFIELD senr, Dennis PERDUE, Matthew 
MOSELEY, Lewis WHITFIELD, Daniel WALTERS, Pearce MOZINGO, John ROWSE, John 
WATERER, Richard CASWELL, John GRAY, Benjamin SUTTON [blank space]Šsay upon 
their oaths that one _______ late of ______ aforesaid _________ Š on the _____ 
day of ______ in the year of our Lord 1805 Šat the _________ of the same day 
with force and arms. [There is then approximately 1 1/2 inches of blank space 
that might have had writing on it at one time. Then there is writing, part of 
which has been torn away-sbg]. ³[Beginning of sentence missing] saw Robert 
McCABE present some negroes [beginning of line missing] flour or attempted to 
do it McCABE or had [beginning of line missing] her to help the gurls lay her 
out she did not [missing word] but in seeing her stripped saw many bad wounds 
McCABE said she had bruised herself &c. [?word missing] that the burnt & 
bloody clothes found hid under the fence is the clothes of the decıd she had 
them on last Friday at her house McCABE she heard some time had threaten to 
take the life of his wife if she did not tell him some truths.² [Note: the 
bottom of this page is torn, but the writing appears to go around the tear, as 
if it were torn before it was written on-sbg].

Next page: Patty SUTTON stated that on hearing of the death, she went with 
Sally WALKER, & Polly POTTER to the house and found Mrs. WATERS there along 
with 3 black women and Robert McCABE. SUTTON saw from the door that the 
³corps² was bruised from the shoulder to the elbow very bad, and bloody in the 
face, wearing only a shift that appeared to be clean. She saw a Negro woman 
strip that  off and put on other clothes at the request of R. McCABE (and with 
his assistance). R. McCABE stated that his wife had fits and bruised herself 
very much.

Edith SMITH said that she suspected some evil had happened to Mrs. McCABE and 
went there with Mrs.. NORRIS. The door was shut, but they peeped in and saw 
the corps and returned home about 10 or 11 oıclock. Later McCABE came to her 
house and said his wife was dead. He said she was ³frensy² and beat herself 
badly at the chimney. SMITH asked him how long she had been sick, and he said 
about 3 weeks, but SMITH saw Mrs. McCABE last Friday, and she appeared to be 
well. In the evening, SMITH returned to the McCABEıs and saw the corps in the 
same place, only a little more uncovered; some Negro women came and stripped 
and washed the body and SMITH saw that it was bruised from head to the waist, 
that the floor was bloody and appeared wet as if to work blood out, and she 
saw some sticks about the house that looked as if they had been used in 
strikes.

Page 3: Susanna WALTERS also testified to the bruised and bloody state of the 
corps.

Sally WALKER said that McCABE came to her house and said that his wife was
dead and he needed help to sit with the corps. He told her his wife was well
yesterday, but later in the conversation said sheıd been sick 6 or 7 days.
WALKER also described the bruised corpse and sticks around the house.

Mrs. Mary NORRIS said that McCABE came to her house before breakfast and asked
her to let his little boy stay with her while he went to Lewis WHITFIELDs and
back. She noticed blood on the little boyıs coat and asked him how it got
there; he said that Daddy had been whipping Momma with big sticks. NORRIS
asked him where his mamma was, and he said Daddy had put her to bed. NORRIS
asked him if his mamma had said anything to him, and he said no. This caused
NORRIS to be suspicious of the evil that had occurred, and she and Mrs. SMITH
went to the McCABES and knocked loudly on the door. When there was no answer,
they peeped in and saw something in bed believed to be the corps and it was
bruised and bloody. [Last sentence torn away].

Page 4: Daniel POTTER stated that from what he had heard he was apprehensive
that something had befallen the victim, and went with Rd.SMITH to the house;
they went in and found the corps.

Rd. SMITH described going to the house with POTTER, discovering the corps all
bruised and bloody.

Moses HINSON testified that on Monday McCABE told him that his wife confessed
she had been familiar with other men. HINSON asked McCABE how he knew, he said
he had whipt her for the purpose, and that he would quit her and not live with
her another day.

Miles HUTCHINS says he saw blood on McCABES shirt and on his finger nails.

Nathan EDWARDS says he heard McCABE say his wife had fits.

[Illegible] RITTER said that yesterday about 11 McCABE was at his wife and 
said he must carry liquor to his wife who was very sick; was pregnant by Ned 
PINDER; that he had threatened his wife hard and was going to beat her but she 
confessed her infidelity & that she had been concerned with Mr. HINSON.
Date: 30 Oct 1805
Date of: Inquest
County:  Lenoir

Folder: 1806
Information: Appearance bond for Edith SMITH with Mathew MOSELY and Lewis 
WHITFIELD bondsmen to appear and testify against Robert McCABE charged with 
murder.
Date: 30 Oct 1805
Date of: Bond
County:  Lenoir

Folder: 1806
Information: Appearance bond for Sally WALKER with James SUTTON and Nathan 
CREEL bondsmen to appear and testify against Robert McCABE charged with 
murder.
Date: 30 Oct 1805
Date of: Bond
County:  Lenoir

Folder: 1806
Information: Appearance bond for Richard SMITH with Mathew MOSELY and Lewis 
WHITFIELD bondsmen to appear and testify against Robert McCABE charged with 
murder.
Date: 30 Oct 1805
Date of: Bond
County:  Lenoir

Folder: 1806
Information: Appearance bond for Moses HINSON with Thomas UZZEL and James 
UZZEL bondsmen to appear and testify against Robert McCABE charged with 
murder.
Date: 30 Oct 1805
Date of: Bond
County:  Lenoir

Folder: 1806
Information: Indictment of John POPE, farmer; William POPE, farmer; Willie 
JONES, farmer and others yet unknown for assaulting Simeon RICHARDS, Harvey 
WARD, Burrage BELDIN, Samuel CHANDLER, & Silas NORTH in the town of Newbern, 
with clubs, sticks, knives and swords, with the intent to murder them.
Date: 15 January 1806/January term 1806
Date of: Event/Indictment
County:  Greene (residence of accused)/Craven (location of assault)

Folder: 1806
Information: Francis CASWELL vs. William MARTIN: Witness charge by Benjamin 
PARROT. Includes 90 miles travel. Refers to January term, 1803
Date: 23 Jan 1806
Date of: Charge made
County:  Not given

Folder: 1806
Information: Francis CASWELL vs. William MARTIN: Witness charge by Thomas 
HARRISON. Includes 100 miles travel. Refers to July term, 1805
Date: 23 Jul 1805
Date of: Charge made
County:  Not given

Folder: 1806
Information: CASWELL vs. MARTIN: Oath by defendant that Dorcas KING and 
Eleaner HARRISON are material witnesses in the case, and have been summoned 
but are not present. s/William [X] MARTIN
Date: 22 Jan 1805
Date of: Oath
County:  Not given

Folder: 1806
Information: Francis CASWELL vs. Billy MARTIN: Witness charge by Thomas 
HARRISON. Includes 100 miles travel. Refers to January term, 1805
Date: 22 Jan 1805
Date of: Charge made
County:  Not given

Folder: 1806
Information: Francis CASWELL vs. Billy MARTIN: Witness charge by Thomas 
HARRISON. Includes 100 miles travel. Refers to January term, 1805
Date: 22 Jan 1805
Date of: Charge made
County:  Not given

Folder: 1806
Information: Francis CASWELL vs. William MARTIN: Witness charge by Benjamin 
PARROT. Includes 90 miles travel. Refers to July term, 1805
Date: 23 Jan 1806
Date of: Charge made
County:  Not given

Folder: 1806
Information: Francis CASWELL vs. William MARTIN: Witness charge by Benjamin 
PARROT. Includes 90 miles travel. Refers to January term, 1805
Date: 23 Jan 1806
Date of: Charge made
County:  Not given

Folder: 1806
Information: Summons for Robin COLWELL, Bryan MASON & Thomas HARSON to appear 
and testify on behalf of F. CASWELL against William MARTIN.
Date: 28 June 1804
Date of: Summons
County:  Craven

Folder: 1806
Information: Summons for Josiah POOL & George DARNELL to appear and testify on 
behalf of William MARTIN against Francis CASWELL.
Date: 21 Jan 1806
Date of: Summons
County:  Craven

Folder: 1806
Information: Certification from the records of Lenoir County court on the 
first Monday in July, 1803 before James BRIGHT, Benjamin HEARTSFIELD, William 
CROOM, and Lemuel BYRD, justices: On the 1st Monday in October, 1801, Francis 
CASWELL by his attorney William BLACKLEDGE charged William MARTIN with 
trespass with damages of 500 pounds. William MARTIN by his attorney Benjamin 
H. MARTIN responded with the plea, ³Genl. issue Justification Stat. Limt. with 
leave to add pleas² and puts himself upon his Country for tryal. The matter 
was then continued from term to term until the present [July 1803-sbg], where 
a jury consisting of Joseph WILSON, William HURST, William WILLIAMS, Ezekiel 
CREECH, James COX, Joseph WILLIAMS, Abimileck HEARTSFIELD, John KENNEDY, 
William TRUIT, John JACKSON, Simon HOUSE, and Josiah HARRELL found MARTIN 
guilty. The defendant appealed and the case was referred to Superior Court in 
New Bern. MARTIN entered into an appearance bond with Hardee CROOM and Henry 
ROUSE, bondsmen.
Date: 7 Nov 1803
Date of: Certification
County:  Lenoir

Folder: 1806
Information: Bond by William BUSH with George WESTBROOK and William 
EASTERLING, bondsmen to John T. BRYAN. BUSH had brought suit against BRYAN, 
and the county court found in favor of BRYAN. BUSH appealed, and the condition 
of this bond is that he will appear pursue his suit in District Superior 
Court.
Date: 6 Jul 1803
Date of: Bond
County:  Lenoir

Folder: 1806
Information: Appeal bond by William [X] MARTIN with Hardy CROOM and Henry [X] 
ROUSE, bondsmen to Francis CASWELL. CASWELL brought suit against MARTIN, and 
county court found in favor of CASWELL. 
Date: 7 Jul 1803
Date of: Bond
County:  Lenoir

Folder: 1806
Information: Indictment of John G. GUTHRIE, doctor of physick; William LANIER, 
labourer; Benjamin BLOUNT, labourer; Otis DYER, labourer for riotously 
assembling and illegally imprisoning and detaining Lemuel CHERRY for 2 days, 
and doing other wrongs to him.
Date: 10 Dec 1805/January term, 1806
Date of: Event/Indictment
County:  Lenoir

Folder: 1806
Information: Indictment of Daniel LAVENDER for forging a promissory note 
purporting to be from Benjamin HODGES and Charles HOOKS to William BUSICK. The 
note states that HODGES and HOOKS will pay BUSICK 600 silver dollars 2 years 
from the date of the note. (Note is dated 22 Oct 1804).
Date: 1 Mar 1805/July term 1806
Date of: Note written/Indictment
County:  Jones

Folder: 1806
Information: Appearance bond for Benjamin HODGES, William BUSICK, and Benjamin 
WILCOX to appear and testify against Daniel LAVENDAR on a charge of forgery.
Date: 11 Feb 1806
Date of: Bond
County:  Jones (residence of WILCOX and location of crime)/Duplin (residence of HODGES)

Folder: 1806
Information: Appearance bond for Daniel LAVENDAR with George KOONCE, Jeremiah 
NOBLES, and Tenos KOONCE, bondsmen to appear and answer charges against him.
Date: 11 Feb 1806
Date of: Bond
County:  Jones

Folder: 1806
Information: Arrest warrant for Richard JERNIGAN for assault on Thomas COOR.
Date: 1 June 1806
Date of: Warrant
County:  Wayne

Folder: 1806
Information: Indictment of Richard JERNIGAN, labourer, for an assault on 
Thomas COOR.
Date: 16 Mar 1806/May term, 1806
Date of: Event/Indictment
County:  Wayne

Folder: 1806
Information: Arrest warrant for Henry CHERRY for perjury.
Date: 15 Jul 1806
Date of: Warrant
County:  Beaufort 

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