MOORE COUNTY, NC - COURT - Superior Court Minutes, 26 March 1835 ************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material AND permission is obtained from the contributor of the file. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor, OR the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. This file was contributed for use in the USGenWeb Archives by: Glenda Biggerstaff gleebigg@geocities.com *************************************************************** An alphabetical listing of who is named in the Moore County, NC Superior Court Minutes, 26 March 1835; their capacity for each case; and then the case. Followed by the alpha list are a transcription of the actual minutes. Blue, Malcom M juror Archd Davis & others vs Josiah Tyson and Danl McNeill juror State vs Thomas Cox juror State vs Randle McDonald and Angus McDonald juror Thos Springfield vs Thos Lett Bryant, Winship juror Archd Davis & others vs Josiah Tyson and Danl McNeill juror State vs Thomas Cox juror State vs Randle McDonald and Angus McDonald juror Thos Springfield vs Thos Lett Buie, Dan'l juror Archd Davis & others vs Josiah Tyson and Danl McNeill juror State vs Thomas Cox juror State vs Randle McDonald and Angus McDonald juror Thos Springfield vs Thos Lett Buie, John juror Archd Davis & others vs Josiah Tyson and Danl McNeill juror State vs Thomas Cox juror State vs Randle McDonald and Angus McDonald juror Thos Springfield vs Thos Lett Buie, Malcom juror State vs Henry Davis, John Gaster, Lorenzo Thomas Caddell, Dan'l plaintiff Dan'l Caddell admr vs Joseph G Moore Cox, Thomas defendant State vs Thomas Cox David, Jordan defendant State vs Jordan David Davis, Archd plaintiff Archd Davis & others vs Josiah Tyson and Danl McNeill Davis, Henry defendant State vs Henry Davis, John Gaster, Lorenzo Thomas Davis, Stephen juror State vs Henry Davis, John Gaster, Lorenzo Thomas Dunlap, Cor's juror State vs Henry Davis, John Gaster, Lorenzo Thomas England, James N defendant William M Johnson vs James N England England, Wm T juror State vs Henry Davis, John Gaster, Lorenzo Thomas Fry, Williams juror Archd Davis & others vs Josiah Tyson and Danl McNeill juror State vs Thomas Cox juror State vs Randle McDonald and Angus McDonald juror Thos Springfield vs Thos Lett Gaines, James L bail bond executed William M Johnson vs James N England Gaines, William M bail bond executed William M Johnson vs James N England Gaster, John defendant State vs Henry Davis, John Gaster, Lorenzo Thomas Hannon, Thos Jr juror Archd Davis & others vs Josiah Tyson and Danl McNeill juror State vs Thomas Cox juror State vs Randle McDonald and Angus McDonald juror Thos Springfield vs Thos Lett Johnson, William M plaintiff William M Johnson vs James N England Kelly, James A juror State vs Henry Davis, John Gaster, Lorenzo Thomas Lett, Thos defendant Thos Springfield vs Thos Lett McDonald, Angus defendant State vs Randle McDonald and Angus McDonald McDonald, Donald juror State vs Henry Davis, John Gaster, Lorenzo Thomas McDonald, Randle defendant State vs Randle McDonald and Angus McDonald McDuffie, Neil juror Archd Davis & others vs Josiah Tyson and Danl McNeill juror State vs Thomas Cox juror State vs Randle McDonald and Angus McDonald juror Thos Springfield vs Thos Lett McIntosh, Alex'r juror Archd Davis & others vs Josiah Tyson and Danl McNeill juror State vs Thomas Cox juror State vs Randle McDonald and Angus McDonald juror Thos Springfield vs Thos Lett McIntosh, John J juror Archd Davis & others vs Josiah Tyson and Danl McNeill juror State vs Thomas Cox juror State vs Randle McDonald and Angus McDonald juror Thos Springfield vs Thos Lett McIver, Duncan juror Archd Davis & others vs Josiah Tyson and Danl McNeill juror State vs Thomas Cox juror State vs Randle McDonald and Angus McDonald juror Thos Springfield vs Thos Lett McMillan, Dan'l juror Archd Davis & others vs Josiah Tyson and Danl McNeill juror State vs Thomas Cox juror State vs Randle McDonald and Angus McDonald juror Thos Springfield vs Thos Lett juror State vs Henry Davis, John Gaster, Lorenzo Thomas McNeill, Dan'l defendant Archd Davis & others vs Josiah Tyson and Danl McNeill McNeill, John juror State vs Henry Davis, John Gaster, Lorenzo Thomas Moore, Joseph G defendant Dan'l Caddell admr vs Joseph G Moore Morison, John clerk Elinor Person vs Joseph J Person Munroe, Colin A juror State vs Henry Davis, John Gaster, Lorenzo Thomas Munroe, Francis juror State vs Henry Davis, John Gaster, Lorenzo Thomas Muse, Hudson juror Archd Davis & others vs Josiah Tyson and Danl McNeill juror State vs Thomas Cox juror State vs Randle McDonald and Angus McDonald juror Thos Springfield vs Thos Lett Oliver, Alfred prosecutor State vs Henry Davis, John Gaster, Lorenzo Thomas Person, Elinor plaintiff Elinor Person vs Joseph J Person Person, Joseph J defendant Elinor Person vs Joseph J Person Reid, Thomas M D defendant State vs Thomas M D Reid defendant State vs Thomas M D Reid - Forgery juror State vs Henry Davis, John Gaster, Lorenzo Thomas Seawell, Henry judge Shaw, Malcom juror State vs Henry Davis, John Gaster, Lorenzo Thomas Springfield, Thos plaintiff Thos Springfield vs Thos Lett Thomas, Lorenzo defendant State vs Henry Davis, John Gaster, Lorenzo Thomas Tyson, Josiah defendant Archd Davis & others vs Josiah Tyson and Danl McNeill Thursday the 26th of March 1835 Court met according to adjournment Present the Honble Henry Seawell, Judge Archd Davis and others vs Josiah Tyson and Danl McNeill No 34 The following jury sworn and empannelled viz: Danl McMillan, Duncan McIver, Alexr McIntosh, Winship Bryant, Hudson Muse, John J McIntosh, Williams Fry, Malcom M Blue, Danl Buie ( ), Thos Hannon Jr, John Buie and Neil McDuffie The jury find the issues in favour of the plaintiff and assess his damages upon the breaches suggested to five dollars and ten cents State vs Thomas Cox No 7 charged and pleads not guilty The following jury empannelled and sworn viz: Danl McMillan, Duncan McIver, Alexr McIntosh, Winship Bryant, Hudson Muse, Jno J McIntosh, Williams Fry, Mal M Blue, Danl Buie ( ), Thos Hannon, Jno Buie, Neil McDuffie who find the defendant guilty in manner and form as charged in the bill of indictment Whereupon it is adjudged by the court that he pay a fine of $10 and costs. State vs Edmd Holland No 10 Chd and pleads guilty Whereupon it is adjudged by the court that he pay a fine of five dollars and costs. State vs Randle McDonald and Angus McDonald No 12 Randle McDonald "submission" find five dollars and costs Deft Angus McDonald chd and pleads not guilty The following jury sworn and charged to try this issue viz: Danl McMillan, Duncan McIver, Alexr McIntosh, Winship Bryant, Hudson Muse, John J McIntosh, Williams Fry, Mal M Blue, Danl Buie ( ) Thos Hannon, John Buie, and Neil McDuffie Who find the defendant Angus McDonald not guilty State vs Jordan David No 13 ‘Affray' Called and failed to answer (illegible) State vs Henry Davis, John Gaster, Lorenzo Thomas No 13 'Affray' charged and pleads not guilty The following jury sworn and empannelled viz: Cors Dunlap; John McNeill, Francis Munroe, Wm T England, Thos M D Reid, Donald McDonald, Malcom Buie, Colin a Munroe, Danl H McMillan, Stephen Davis, Malcom Shaw, James A Kelly Who find the defendants not guilty it is ordered by the court that the prosecutor Alfred Oliver pay the cost of this prosecution Judgement accordingly State vs Thomas M D Reid Forgery On motion of the solicitor it appearing to the court that the defendant plea had been omitted to be entered of the record when charged in this court on the finding of the bill It is therefor ordered that the same be entered nune prati State vs Thomas M D Reid - Forgery On motion of the solicitor it appearing to the court that the defendants had been ommitted to be entered of record when charged in this court on the finding of the Bill. It is therefore ordered that the same be entered nune pro tem Thos Springfield vs Thos Lett No 50? The following jury empannelled and sworn to wit: Danl McMillan, Duncan McIver, Alexr McIntosh, Winship Bryant, Hudson Muse, Jno J McIntosh, Williams Fry, Malcolm Blue, Danl Blue ( ) Thos Hannon, John Buie and Neil McDuffie Who find all the issues in favour of the plaintiff and assess his damages to $1.50 cents on motion judgement against the security to the appeal Danl Caddell admr vs Joseph G Moore On Motion it is ordered by the court that the defendant pay the costs of this suit judgement accordingly Elinor Person vs Joseph J Person petition for Alimony This case coming on to be heard upon the petition filed. The interlocastory (interlocutory) orders and decrees heretofore made in the he cause, and the finding of the jury now empannelled who find all the allegations set forth in the petition to be true and the report of the clerk of this court and it appearing to the court that the defendant Joseph J Person left the petitioner and is an habitual drunkard and spend thrift and living in adultery - and it appearing further from the said report that the value of the real and personal estate of Joseph J Person is the sum of twenty three hundred and fifty five dollars ($2355) It is therefore considered by the court that the petitioner Elinor Person be a allowed allimony out of her said husbands estate and it is ordered and decreed that she be allowed the sum of seven hundred and eighty five dollars being one third part of the value of said estate and it is further ordered that _____ issues for the same in her name and it is further ordered, adjudged and decreed that the said Elinor hereafter shall and may sue and be sued as a free sole and that all the property be secured to her seperate use that she may hereafter acquire be her own Judustry, also by gift bequests devise or otherwise It is further ordered that the defendant Joseph j Person pay all the costs of this petition It is further ordered that John Morison, the Clerk of this court be allowed the sum of ten dollars for taking the account and making the report to be taxed as costs in this case. William M Johnson vs James N England In the case Wm M Johnson against James N England upon agreement of the exceptions to the sufficiency of the bail it is considered by the court that the bail are not sufficient. Whereupon the sheriff brings into court a bail bond executed by the defendant and James L Gaines and William M Gaines, which is accepted by the plaintiff Court adjourned until tomorrow 10 O’clock