MOORE COUNTY, NC - COURT - 1835 Superior Court Minutes Both Spring and Fall Sessions ************************************************************** 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 *************************************************************** pages 1 thru 22 of the Superior Court Minutes for Moore County. For the year 1835, both Spring and Fall Terms of the Court. It should be noted that they begin with the date of 23 Feb 1835, followed by the 24th, and 25th. The next date is 26th March 1835. The incorrect month may of been recorded. Page 1 Moore Superior Court of Law State of North Carolina Be it remembered, that at a Superior Court of Law and held for the County of Moore, at the Courthouse in Carthage on the last Monday of February in the year of our Lord one thousand eight hundred and thirty five, Present The Honorable Henry Seawell, Judge: Edward McIntosh, Sheriff of Said County returned the venure vacias to him directed endorsed as by Law required and the following good and lawful men were duly drawn and chosen on the panel of the grand Jury, to wit: William Jackson, foreman James Polk, James Dowdy, Hugh McKenzie, Alexr Ray, John Shamburger, Jesse Muse, Lauchlin McKinnon, Archibald Patterson, Neil McIntosh, John Kennedy, Patrick C Blue, Malcom Clarke, Duncan B Black, Malcom McGilvary, Isaac Smith, Duncan McLauchlin, Alexander Buie, and the court having first appointed the said Wm Jackson Foreman of the said Holden Cox, Sworn as constable to attend on the Grand Jury The following persons were called and sworn as a pettit Jury for this term Daniel McMillan, Duncan McIver, hatr, Alexr McIntosh, Winship Bryant, Hudson Muse, John J McIntosh, Williams Fry, Malcom M Blue, Danl Buie Juniper, Thomas Hannon Jr, John Buie, Neil McDuffie, Corneilus Dunlap Duncan McIver (miller) is excused from serving on the jury for this term upon cause shown STATE vs NORMAN GILLIS John Cameron a witness summoned in this case was called and failed to answer Judgement ni si for L100 Sealed to L 40 Equal to $ 80 ordered that a capias issue returnable to next court Court adjourned until tomorrow 10’o clock Page 2 Moore Superior court of Law Spring Term Tuesday the 24th day of February 1835 Mary McNeill vs Stephen Davis and Angus McDonald No 7 The following jury sworn and empannelled to wit- 1 Daniel McMillan 2 Alxr McIntosh 3 Winship Bryant 4 Hudson Muse 5 John J McIntosh 6 Williams Fry 7 Malcom M Blue 8 Danl Buie 9 Thos Hannon Jr 10 John Buie 11 Neil McDuffie 12 Cornelius Dunlap Nonsuit Jesse Sowell vs Fred Thomas and Josiah Tyson No 8 The following jury sworn and empannelled to wit Danl McMillan, Alexander McIntosh, Winship Bryant, Hudson Muse, John J McIntosh, Williams Fry, Malcom M Blue, Danl Buie, Thos Hannon Jr, John Buie, Neil McDuffie, Cornelius Dunlap Nonsuit John Holloway vs Angus McDonald No 9 The following jury sworn and empannelled, to wit, Danl McMillan, Alexr McIntosh, Winship Bryant, Hudson Muse, John J McIntosh, Williams Fry, Malcom M Blue, Danl Buie, Thos Hannon Jr, John Buie, Neil McDuffie, Cors Dunlap Who find the bond declared onto be the act and deed of the defendant John McNeill and Francis Munroe two of the original panel come into court and are duly sworn as petit jurors for the term Henry Wilson vs Josiah R Womble Joseph Gilbert a witness for the plaintiff called and failed to answer judgement ni si Henry Wilson vs Josiah R Womble Wily Roberts a witness for the defendant called and failed to answer Judgement ni Si Neil McLeod vs Jesse F Muse and Charles C Shaw It is considered by the court that a perintory mandamus issue commanding the court of pleas and quarter Superior of Moore County to issue execution according to the judgement of this court. Heretofore rendered in the case and certified to the court, and the appeal is dismissed from this court the court having no jurisdiction to entertain it Donald McDonald vs Jesse F Muse and Charles C Shaw It is considered by the court that a perintory mandamus issue commanding the court of pleas and quarter Session Moore County to issue execution according to the judgement of this court heretofore rendered in this case and certified to the court and the appeal is dismissed from this court the court having no jurisdiction to entertain it. Page 3 Aaron Tyson vs Christopher Munroe #19 General issue justification The following jury empannelled and sworn to try these issues, to wit, John McNeill, Francis Munroe, Peter Sinclair Senr, Wm McAulay, Frederick Thomas, John Mangum, John M D Ray, John McNeill, Thomas Muse, John Hines, Neil McNeill and Alexr Nicholson Who find all the issues in favor of the plaintiff and assess his damages to fifteen dollars Angus McDonald vs Malcolm Buie Apl No 20 General issue, payt & set off: accord & satisfaction The following jury sworn and empannelled viz: Danl McMillan, Thos Hannon Jr, Duncan McIver, Alexr McIntosh, Cors Dunlop, John J McIntosh, Neil McDuffie, Allan B Morison, Mal M Blue, Hudson Muse, Winship Bryant, Williams Fry Who find all the issues in favour of the plaintiff and assesses his damages to nine dollars & thirty cents. It is ordered by the court that the plaintiff pay the witness Brinkly Phillips on motion judgement is given against the security to the appeal Angus McDonald vs R W Cotton Apl No 21 Genl issue the following jury empannelled & sworn viz: Danl McMillan, Thos Hannon Jr, Duncan McIver, Alexr McIntosh, Cors Dunlop, John J McIntosh, Neil McDuffie, Allan B Morison, Mal M Blue, Hudson Muse, Winship Bryant, Williams Fry Who find all the issues in favour of the plaintiff and assesses his damages to thirty dollars Angus McDonald vs Saml Smitherson #22 Genl issue no warrant or Ca Sa, Stat Lin, Act of 1821 The following jury empannelled and sworn to try the issues via: same jury as in No 20 & 21 who find all the issues in favour of the plaintiff and assess his damages to Eight dollars on motion judgement is given against the security to the appeal in this case. Archd McBryde Exr to the use of Alex McNeill vs Wm Donnelly No 2 Rule for a new trial discharged and the plaintiff remits of this recovery so much as will reduce the same to thirty dollars and eighteen cents with interest from the he 3rd Monday on May 1831 & Cost Judgement accordingly as also for the costs Court adjourned until tomorrow 10 O’clock Page 4 Moore Superior Court of Law Spring Term 1835 Wednesday the 25th February 1835 Court met according to adjournment Present the Honble Henry Seawell, Judge Angus McDonald vs R W Cotton Rule on the plaintiff to show cause why a new trial shall not be granted Aaron Tyson vs Christopher Munroe On motion it is ordered that James G Tomlinson and Angus McDonald, witnesses for the plaintiff be taxed in the bill of cost against defendant and that no other witnesses for the plaintiff shall be so taxed against defendant Wm Smith to the use of Isaac M Sowell vs Samuel Smitherson #31 The following jury empannelled and sworn to try the issues in this case to wit: Danl McMillan, Duncan McIver, Alexr McIntosh, Winship Bryant, Hudson Muse, John J McIntosh, Williams Fry, Malcolm M Blue, Danl Buie (Junpr), Thomas Hannon Jr, John Buie, and Neil McDuffie The jury having considered of their verdict and being ready to deliver it, the plaintiff was called and failed to appear whereupon he was nonsuited. On motion judg against the security to the prosecution bond Archd Munroe vs Norman McDonald Wm M Gaines a witness for the plaintiff called and failed to answer judgement ni Si Archd Munroe vs Norman McDonald #33 The jury empannelled and sworn to try the issues in this case are: Danl McMillan, Duncan McIver, Alexr McIntosh, Winship Bryant, Hudson Muse, John J McIntosh, Williams Fry, Mal M Blue, Danl Buie (Junpr ), Thomas Hannon Jr, John Buie and Neil McDuffie Who find all the issues in favour of the defendant On motion and on affidavit Wm T England a juror who failed to appear at the last term of this court is excused from paying a fine Danl Caddell adm vs Joseph G Moore Stephen Davis a witness in this case called and failed to answer No Sci fa to issue Page 5 Moore Superior court of Law Spring Term 1835 Daniel Caddell admr vs Joseph G Moore No 36 The jury empannelled and sworn to try the issues are Danl McMillan, Duncan McIver, Alex McIntosh, Winship Bryant, Hudson Muse, John J McIntosh, Williams Fry, Malcolm M Blue, Danl Buie (?), Thos Hannon, John Buie and Neil McDuffie Who find all the issues in favour of the plaintiff and assess his damages to thirty dollars and eighty seven and a half cents of which Sum is twenty five dollars is principal money Archibald Munroe vs Angus McDonald No 41 The following jury empannelled and sworn to wit: Thos M D Reid, Donald McDonald, Wm T England, Kenneth Murchison, Jno McDonald, John M D Ray, Malcolm Shaw, Mal Buie, Danl H McMillan, Wm McAulay, Colin A Munroe, Dugald McDugald Non Suit _____ to the use of Alexr Pattersol vs Kenneth Murchison and others No 43 The jury empannelled and sworn to try the issues on this case are the same jury who tried the last above case to wit No 41 Non Suit Thomas M D Reid vs Hugh McPherson No 45 The following jury empannelled and sworn in the case to wit: Jno McDonald, Colin A Munroe, Jesse Hedgepeth, Wm McAulay, Malcolm Buie, Danl H McMillan, Donald McDonald, Wm T England, Malcolm Shaw, Jno M D Ray, Dugald McDugald, and James H Tyson Who find that the bond declared on is not the act and deed of the defendant Court adjourned till tomorrow 10 O’clock 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 (Junpr), 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 PAGE 6 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 (Junpr), 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 (Junpr) 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 therefore ordered that the same be entered nune prati Page 7 Moore Superior Court of Law Spring Term 1835 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 (Junpr) 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 inlelolastory(?) 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 execution issues for the same in her name and it is further ordered, adjudged and decreed that the said Elinor hereafter shall and Page 8 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 Friday the 27th of March 1835 Court met according to adjournment Present The Honble henry Seawell, Judge Angus McDonald vs R W Cotton On motion it is ordered by the court that a new trial be granted in this case Cors Dowd vs Henry Faucett Rule made absolute for costs in the case and Judgement accordingly Alexr Johnson and Alexr Buie vs David Reid and Archd McBryde Rule made absolute The court adjudges that the costs of the witnesses Alex Johnson and Alex Buie be taxed against D Reid Sr and A McBryde that execution issue therefore Flora Martin and others vs Archd McBryde and Alton Jones Leave is given to the plaintiff in this case to have until the next Term of this court to file exceptions to the report of the committee made in this case Page 9 James Gaines & wife & others vs Archd McBryde and Thoas Waddell, Execrs LC It appearing to the court that the clerk has given notice to the parties to attend at the taking of the account on two diferent days and that the parties failed to attend and the account was not taken it is ordered that the clerk give twenty days notice to the parties that he will take the account and if they parties or either fail to attend he shall proceed to take the account in their absence. John H Montgomery vs Archd McBryde & Thoms Waddell Exrs LC Same order in this case as in the above case of James Gaines & wife & others against A McBryde & Thos Wadddall Wm M Gaines vs Archd McBryde & Thos Waddell Exrs LC The same order made in this case as in the case above (to wit) James Gaines & wife & others against Archd McBryde & Thos Waddell Executors LC Mary McNeill vs Angus McDonald & Stephen Davis on motion the non suit is set aside, the plaintiff to pay the cost of this term on the final determination of the case Corns Dowd Sen vs Stephen Davis on motion and affidavit filed a rule is granted for the defendant Stephen Davis to show cause wherefore the costs shall not be retaxed So as to strike of the attendance of Rhoda & Nathan Barret, Elizabeth Elkins, & Lolly Brewer & It is further ordered that the money paid into the clerk office of the court be detained there as to said witnesses with the further order of this court and that notice issue to the said Stephen Davis Page 10 State of North Carolina Be it remembered that at a superior court of Law begun and and held for the County of Moore at the Courthouse in Carthage on the last Monday of August in the year of our Lord one thousand Eight hundred and thirty five Court being called and no Judge appearing, Court is adjourned until tomorrow 10: O’Clock Tuesday the 1st of September AD 1835 Court met according to adjournment Present the Honble Robert Strange, Judge Evander McIntosh Esq sheriff of said court returned the venue facias to him directed endorsed as by Law required, and the following good and lawful men were duly drawn and chosen on the panel of the Grand Jury to wit, George Wilcox, foreman William C Buie, Benjamin Dunlap, James Calicoat, John McDonald, Angus Morison, Robert Melton, Daniel Mathis, Daniel Browen, Malcom Clarke, John C Buie, Daniel Furgeson, Hardin Warner, Locker Fry, Simon McNeill, Malcom McAulay, Johnson Wicker, and Leonard Hare, and the court haveing appointed the said George Wilcox foreman of the said Grand Jury, they were thereupon duly sworn and charged Hugh McDonald sworn to attend as constable on the Grand Jury The following persons were called and answered to their names and were duly sworn as a petit jury for the Term (to wit) Lewis Garner, Samuel Jackson, John Patterson, Bradley Brady, James Bryant, Daniel McCollom, Alexander K McDonald, Colin McFaydin, Locker Fry (Big), Robert Kennedy, Carrol Brady, Peter Ray, Henry Stuts, John Drake, John McLeod, John Dalrymple, and William M Johnson Henry Wilson vs Josiah R Womble The following jury sworn and empannelled viz: Lewis Garner, Samuel Jackson, John Patterson, Bradley Brady, James Bryant, Daniel McCollom, Alexander K McDonald, Colin McFaydin, Locker Fry, Robert Kennedy, Carrol Brady, & Peter Ray Who find all the issues in favour of the plaintiff and assess his damages to twenty six dollars & ninety seven cents with Int from the 19th of September 1830 On motion of the defendant, counsil the plaintiff is nonsuited - (non suit set aside) Page 11 Nancy Martindale to the use of Daniel McNeill vs William Martindale The following Jury empannelled, sworn viz: Henry Stuts, John Drake, John McLeod, John Dalrymple, William M Johnson, Thomas Ritter, John Hines, Angus Kelly, Hugh A Cameron, James H Tyson, Kenneth Martin & Kenneth Morison Who find that the bond declared on is the act and hand of the defendant, that there is no payment or set off, that the Statute of Limitation does not bar and that there was no former judgement Angus McDonald vs R W Cotton The following jury sworn & empannelled viz: Samuel Jackson, Peter Ray, Robert Kennedy, John Patterson, Lewis Garner, Colin McFaydin, Locker Fry, Daniel McCollum, Alexander K McDonald, Bradly Brady, James Bryant, & Carrol Brady Who find all the issues in favour of the plaintiff and assess his damages to thirty dollars State vs John Cannon The defendant John Cannon was delivered over to the Sheriff of Moore County and the sheriff of Newhanover is released from any further responsibility respecting his arresting said Cannon Anderson S Moody vs Wm Macon the following jury sworn & empannelled, viz: Henry Stuts, John Drake, John McLeod, John Dalrymple, Thomas Ritter, John Hines, Angus Kelly, John Nicholson, Hugh A Cameron, Kenneth Morison, John Black & James H Tyson who find all the issues in favour of the plaintiff and assess his damages to fifteen dollars Stephen Berryman & others vs Josiah Tyson & others On motion the execution in this case set aside and execution to issue against the defendant Josiah Tyson for the cost of this court, and a writ of pro dundo awarded to the county court, commanding them to issue execution against the defendant for the costs of that court Court adjourned until tomorrow 10 O’clock Page 12 Moore Superior Court of Law Fall Term 1835 Wednesday September the 2d 1835 Court met according to adjournment Present the Honble Robert Strange Richd Smith ex of John Nicholson vs Peter Sinclair The following jury sworn and empannelled viz: Lewis Garner, Saml Jackson, John Patterson, Bradley Brady, James Bryant, Danl McCollum, Alexander K McDonald, Colin McFaydin, Locker Fry, Robert Kennedy, Carrol Brady & Peter Ray Who find all the issues in favour of the plaintiff and assess his damages to six pence John M Black adm vs John Ray & Daniel Ray The following jury sworn and empannelled. viz: Lewis Garner, Samuel Jackson, Bradley Brady, James Bryant, Alexander K McDonald, Colin McFaydin, Locker Fry, Robert Kennedy, Carrol Brady, Henry Stuts, John Drake and John McLeod Who find that the defendants John Ray and Daniel Ray do detain from the plaintiff the following negroe slaves (to wit) Hannah of the value of five hundred dollars, Jane of the value of six hundred dollars Tom of the value of six hundred dollars, Henry of the value of five hundred dollars, Adam of the value of four hundred dollars, and they further find that the defendants do not detain the negroe slaves, Jack, Mary, Flora, and Aleck, mentioned in the plaintiffs declaration, they further find that the statute of limitations does not barr the action and assess the plaintiffs damages to six pence Nevin M Lerran admr vs William Hancock The following jury sworn and empannelled viz: Henry Wilson, John Moore, Colin A Munroe, Peter Ray, Danl McCollum, Daniel McDonald, John Patterson, John Dalrymple, Wm M Johnson, Alexander Nicholson, Daniel McIntosh & Lauchlin McNeill Who find all the issues in favour of the defendants Court adjourned until tomorrow 10 O’clock Page 13 Moore Superior Court of Law Fall Term 1835 Thursday September the 3r 1835 Court met according to adjournment Present the Honorable Robert Strange, Judge State vs Sylvanus Brown It is ordered by the court that the order heretofore made in this case to issue a Casin(?) against the defendant to the sheriffs of Moore, Chatham & Cumberland Counties be received (check) State vs Peter Sinclair & others The following Jury sworn and empannelled viz: Lewis Garner, Samuel Jackson, Bradley Brady, Daniel McCollom, Colin McFaydin, Robert Kennedy, Peter Ray, John Patterson, James Bryant, Alexr K McDonald, Lockar Fry, & Carrol Brady Who find the defendants guilty in manner & form as charged in the bill of Indictment The defts fined fifty cents each & In custody State vs Ewd M Cox nuisance The following jury sworn & empannelled (to wit) Henry Stuts, Peter Sinclair, Alfred Oliver, Daniel McNeill Esqr, John Hines, John Dalrymple, Thos J Buchannan, John McLeod, William M Johnson, John M D Ray, John Nicholson & John Drake who find the defendant guilty in manner & form as charged in the bill of Indictment, find five dollars and in custody State vs Daniel Chisholm & Angus Chisholm A.B. The following jury sworn and empannelled viz: Lewis Garner, Samuel Jackson, Bradley Brady, Daniel McCollom, Colin McFaydin, Robert Kennedy, Peter Ray, John Patterson, James Bryant, Alexander K McDonald, Lockar Fry, & Carrol Brady Who find the defendants guilty in manner & form as charged in the bill of Indictment. It is adjudged by the court that each of the defendants pay a fine of two dollars & costs & in custody) State vs Thos J Pervis & John Smith Jury Sworn & empannelled to wit Daniel McNeill Esq, John Drake, John Dalrymple, William M Johnson, John McLeod, John Hines, Thos J Buchannon, Peter Sinclair Senr, Alfred Oliver, Danl McIntosh, Henry Stuts & Jno M D Ray who find the defendant Thomas J Pervis guilty in manner & form as charged in the bill of indictment Page 14 Moore Superior Court of Law Fall Term 1835 State vs Peter Shamburger The following jury sworn & empannelled viz: Samuel Jackson, Colin A Munro, Lewis Garner, Jno Patterson, Colin McFaydin, Alex K McDonald, James Bryant, Lockar Fry, Bradley Brady, Carrol Brady, Peter Ray & Danl McCollom Who find the defendant guilty in manner and form as charged in the bill of indictment fined fifty cents & in custody State vs Joseph Stephens Indictment for murder The prisoner Joseph Stephens, being brought to the bar in his own proper person, under custody of the Sheriff and being asked how he will acquit himself of the premises, in the said Indictment charged upon him, Sayeth that he is not guilty thereof, and for his trial puts himself upon the County: therefore, let a Jury thereupon here come, by whom the truth of the matter may be the better known, whether the said Joseph Stephens be guilty of the felony and murder in the Indictment aforesaid specified, or not guilty And the said Joseph Stephens is remanded to prison to await his trial On motion it is ordered by the court that the Sheriff Summon two hundred Jurors as special venire in the above case Henry Wilson vs Josiah R Womble On motion rule on the plaintiff in this case to show cause why a new trial shall not be granted John M Black Admr vs John Ray & Daniel Ray On motion, rule on plaintiff to show cause why a new trial shall not be granted. Rule discharged, appeal prayed and granted Bond and Security given Court adjourned until Tomorrow 10 O’clock Page 15 Moore Superior Court of Law Fall Term 1835 Friday September the 4th 1835 Court met according to adjournment Present the Honorable Robert Strange, Judge State vs Joseph Stephens Murder The prisoner Joseph Stephens being brought to the Bar for his trial the following jury of good and lawful men are chosen, tried and sworn viz Alexander K McDonald, George Adams, John Patterson, John McLeod, John R Martin, John I Bethune, James Caddell, Samuel C Bruce, Asa Sowell, Archibald Sheilds, Jesse Bean Jr, & Archibald Munroe Who find the defendant guilty of the felony murder as charged in the bill of Indictment State vs Samuel Stone Counterfit The defendant fined $10 & in custody Richd Smith ex drm of John Nicholson vs Peter Sinclair Upon motion it is ordered by the court that the defendant shall not be taxed with any of the plaintiffs witness in this case except Malcom Shaw the Surveyor State vs Franklin Muse Missasking?? The following Jury sworn & empannelled viz: William M Johnson, Lewis Garner, John Drake, Bradley Brady, Peter Ray, Carrol Brady, Robert Kennedy, John Dalrymple, Colin McFaydin, Daniel M Cotton, Jno M D Ray & Henry Stuts Who find the defendant not guilty Court adjourned until tomorrow 10, O’clock Saturday September the 5th 1835 Court met according to adjournment Present the Honble Robert Strange State vs David Reid & John Shepherd as bail for Jordan Davis Sci Fa Judgment according to Sci Fa Execution of issue only for the cost of Sci fa. and the cost of the prosecution against Jordan Davis Page 16 Moore Superior Court of Law Fall Term 1835 State vs Ewd M Cox No 23 The following Jury sworn and empannelled viz: Lewis Garner, Samuel Jackson, John Patterson, Bradley Brady, James Bryant, Daniel McCollom, Alexander K McDonald, Colin McFaydin, Lockar Fry, Carrol Brady, Robert Kennedy & Peter Ray Who find the defendant guilty in manner and form as charged in the bill of indictment fined $5 & cost State vs Henry Hedgepeth AB The defendant charged and pleads not guilty The following jury sworn and empannelled viz Henry Stuts, John McLeod, William M Johnson, Lauchlin McNeill, Daniel McDonald, Archd Munroe, John Drake, John Dalrymple, John Moore, Cornelius Shields Esqr, Jno M D Ray, & Alexr McNeill Who find the defendant guilty in manner and form as charged in the bill of Indictment. fined $25 and costs State vs Charles Campbell & John McNeill Ca Sa Bond Judgement against the defendant for six dollars and fifty cents to be discharged on the payment of the cost against said Campbell in the case the State against said Campbell and Arthur Davis and Judgement is also given against the defendants for the costs of this suit State vs Joseph Stephens Murder The prisoner Joseph Stephens being brought to the barr on motion of the counsel for the prisoner. Rule upon the Solicitor for the State to show cause why a new trial shall not be granted in this case upon argument Rule made absolute and a new trial granted - ordered by the court that the prisoner be remanded to Jail State vs Norman Gillis These cases are continued as upon affidavit upon a statement filed by the solicitor Same vs Same Page 17 Moore Superior Court of Law Fall Term 1835 Jese Sowell vs Frederick Thomas & Josiah Tyson Rule upon the defendants to show cause why the execution shall not be amended so far as to strike out the cost of the Witness John Thomas Flora Martin & others vs Archibald McBryde & Atlas Jones Exers The report in this case is set aside without considering any of the exceptions filed except that which states that the evidence upon which the account is predecate is not reported and upon the ground that said evidence is not reported, the said report is set aside, and it is further ordered by the court that this cause be again reffered to John Morison and Cornelius Dowd Senr to take the account and make a report in this suit between the parties John Winslow vs Joseph G Moore admr & Cornelius H Dowd & Willis D Dowd The defendants come into open court and confesses judgement for the sum of Six hundred & fifty dollars principal money and nine dollars and seventy five cents interest It is admitted that the administrator has no assets beyond the sum of four hundred dollars and that he has fully administered all the effects of his Intestate except the aforesaid sum of four hundred dollars which has come to his hands whereupon it is considered by the court that the plaintiff recover of the administrator the sum of four hundred dollars aforesaid and that the execution issue accordingly and that he have judgement against the real estate of the deceased for the ballance of his said debt and that Sci. fa issue against the heirs according to Law and that the said plaintiff do recover of the other defendants the full amount of six hundred and fifty dollars principal and nine dollars and seventy five cents interest and the costs Execution stayed eight months Page 18 Moore Superior Court of Law Fall Term 1835 Henry Wilson vs Josiah R Womble upon motion and argument The non suit in this case is set aside and judgement rendered for the amount of the verdict in this case and also for the costs John and Frederick S? vs David Reid & Archd McBryde It is ordered by the court that the chain carriers be allowed fifty cents a day and that execution issue for the same Thomas M D Reid vs Neill Clarke & Malcom Clarke It appearing to the satisfaction of the court that Thomas M D Reid has been arrested by the Sheriff of this county on a capias adstes facundum issuing from the Superior court of Cumberland County on a judgement lately rendered in said court in a suit wherein Thomas M D Reid was plaintiff and Neil Clarke & Malcom Clarke were defendants, whilst he was in attendance as a witness pending in this court, it is therefore ordered by the court that he be forthwith discharged from the custody of the sheriff Daniel McDonald vs Jesse F Muse & Charles C Shaw It appearing to the court that the following Judgement was rendered by this court at Fall Term 1832 which the clerk neglected to enter it is ordered that the same be now entered as of that Term It is considered by the court that the Judgement of the county court as far as respects the attendance o the witness Thomas M D Reid for the amount of fifteen dollars & eighty cents be reversed and that a prodends issue to the said court with direction to render judgement for the same against the plaintiff and award execution accordingly, and that the appelles pay the cost of this court Neil McLeod vs Jesse F Muse & Charles C Shaw It appearing to the court that the following judgement was rendered by this court at Fall Term 1832 which the clerk neglected to enter it is ordered that the same be now entered of that Term Page 19 Moore Superior Court of Law Fall Term 1835 Neil McLeod vs Jesse F Muse & Charles C Shaw It is considered by the court that the judgement of the county court do as far as respects the attendance of the witness Thomas M D Reid for the amount of be reversed and that a procedends issue to the said court with directions to render judgement for the same against the plaintiff and award execution accordingly and that the appelles pay the costs of this court Daniel McDonald vs Jesse F Muse & Charles C Shaw In this case the following facts appear to the court: That at May term 1832 of Moore Court of pleas & quarter Sessions a Judgement was rendered against the defendants in awarding the costs of a witness Thomas M D Ried which ticket amounted to fifteen dollars & eighty cents from which judgement the defendants appealed so far as the ticket or tickets of Reid are concerned which judgement was reversed by the Superior Court of Moore at Fall Term 1832 and a procedends awarded to the court of pleas & quarter Sesions requiring the said Court to render judgement and award execution against the plaintiff instead of the defendants for the amount of said ticket or tickets, and it further appears to the court that the said Court of Pleas and Quarter Sesions refused obedience to the said writ of Procedends but rendered their judgement against the defendants and awarded execution from which judgement the defendants likewise appealed whereupon the Superior Court of Law at the Spring Term 1835 thereof disuiped the appeal but issued to the said Court of Pleas and Quarter Sesions a perumptory writ of mandamus commanding the said Court of Pleas & Quarter Sesions to reverse their said judgement against the defendants and award it against the plaintiff as heretofore directed by the writ of procedends: And it further appears to the court that the said court of Pleas & Quarter Sesions in contempt of the authority of the said Superior Court of Law refused obedience to the said writ of mandamus Wherefore it is ordered by the court here present that a rule be served upon James McBryde, John Patterson, Kenneth Black and Malcom McCrimmon the Justices in Court who refused obedience to the said write of mandamus with a copy of these minutes to show cause why an attachment should not be issue against each and every one of them for the contempt aforesaid Page 20 Moore Superior Court of Law Fall Term 1835 Neil McLeod vs Jese F Muse & Charles C Shaw In this case the following facts appear to the court that at May Term 1832 of Moore Court of Pleas and Quarter Sesions a judgement was rendered against the defendants in awarding the costs of a witness Thomas M D Reid which ticket amounted to fifteen 80/100 dollars from which judgement the defendants appealed so far as the ticket or tickets of Reid were concerned Which judgement was reversed by the Superior Court of Moore at Fall Term 1832 and a prodedends awarded to the court of Pleas & Quarter Sesions requiring the said court to render judgement and award execution against the plaintiff instead of the defendants for the amount of said ticket or tickets, and it further appears to the court that the said Court of Pleas and Quarter Sesions refused obedience to the said writ of procedends but rendered their judgement against the defendants and awarded execution from which judgement the defendants likewise appealed whereupon the Superior Court of Law at the Spring Term 1835 thereof disiped the appeal, but issued to the said court of Pleas & Quarter Sesions a perumptory writ of mandamus commanding the said court of Pleas and Quarter Sesions to reverse their said judgement against the defendants and award against the plaintiff as heretofore directed by the writ of Procedends: and it further appears to the court that the said Court of Pleas & Quarter Sesions in contempt of the authority of the said Superior Court of Law refused obedience to the said writ of mandamus Wherefore it is ordered by the court here present that a rule be served upon James McBryde, John Patterson, Kenneth Black, and Malcom McCrimmon the Justices in court who refused obedience to the said writ of mandamus with a copy of their minutes, to show cause why an attachment should not issue against each and every of them for the contempt aforesaid. Page 21 Moore Superior court of Law Fall Term 1835 John M Black administrator de bonis non of Hugh Black decsd vs John Ray & Daniel Ray From Moore This was an action of Detinue? in which the principal question was whether Effy Black the widow of Hugh Black under the first clause of the will of her deceased husband which accompanies and forms a part of this case took an absolute or only a life estate in the negro Hannah for whom together with her issue this action was brought. The action was orginally brought by the surviving Executors of Hugh Black soon after the death of the widow Effy Black against the defendants who held the negroes under a purchase by one of them from the widow in her life time of the entire property in them as slaves upon the death of the surviving Exr pending the action letter of admr debonis now were taken Out by the present plaintiff upon the estate of Hugh Black decsd and the action reoived by him in that character The court being of Opinion that the widow took only a life estate decided that point in favour of the plaintiff, the defendant then objected that the Exr having given his asent to the legacy of the widow (which was either proved or admitted) now if she took only a life estate nothing remained in the Exr but that the suit should have been brought if by any body by the next of kin of the decesd Hugh Black This objection was also over ruled. The defendant then continuded that the plaintiff was bound to prove a demand of the property previously to bringing the action The plaintiff waiving any rights he might have to recover without proof of a demand proved that holding in his hand a written paper he read aloud from it to the defendants respectively a demand for the slaves in question and handed to each of them a copy of the paper from which he read and one was taken by the witness: who stated that he does not know whether he could have remembered it without such copy but with its assitance is enabled to state from memory the works of the demand as read by the plaintiff to the defendants without reference to the written paper the defendants counsil insisted that although the demand was read aloud as it was from a written paper the paper itself must be produced or its absence accounted for, but the court overruling this objection also the plaintiff had a verdict and judgement and the defendant appealed. Page 22 Moore Superior Court of Law Fall Term 1835 The following is a copy of Hugh Blacks will viz: State of North Carolina Moore County April the 18th 1807 I Hugh Black being very tender but of good and sound memory do in the name of God make this my last will and testament To God I commit my soul and my body to be buried in a Christian manner, and my worldly goods to be disposed of as follows to my dearly beloved wife Effy Black I bequeath my negroe fellow Toney my negroe wench Isan and a girl named Hanah and my horses and one half of my cattle my hogs sheep and household furniture my plantation with all the lands ajoining to it during her life time To my Brother John’s widdow Flory Black I lave a negroe girl as long as she liveth and the other half of my cattle excepting four of the the cattle and after her death to be equally divided among John sons and my negroe boy Simon I leave to my brother Keneth son Arch’d Black and Duglad Black to be equally divided among them and the four above mentioned she cattle I leave to said Archd and to Hugh & Malcom Black my brother Keneth sons I leave my land after my wifes death or if they would rather my negro boy named Robin then the land to become my brother Archd sons Malcom excepted to my Brother Archd sons Malcom Black I leave a negroe girl and to my Cousin John Ray son Neil Ray I leave a cow and yearling to be taken out of my stock of cattle before they be divided my Negroe boy Sam to be left with his mother and my wife till he will be twelve years old then to be divided according to their need among the heirs mentioned in this will I appoint Malcom Black Senior and my Brother in law Archd Ray executors of this my last will Signed Sealed and acknowledged in the presence of Lauchlin Currie, Archd Ray Hugh Black (seal)