Pamlico County NcArchives Court.....Criminal Action Papers, 1875-1914 - Part 1 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Sue Guptill sguptill@mindspring.com May 21, 2016, 7:02 pm Source: N C Archives Written: 1875-1914 Folder: Criminal Actions, 1875-1879 (Broken series) Information: Bill of indictment by jurors that Ben T. WEBB forged a lease of a sewing machine and accompanying implements by J & J Johnson (a company) to Mattie SPRUILL. The wording of the lease is included. [Note: There was an option to purchase the sewing machine]. It appears that WEBB was an agent for the J & J Johnson Co. Witnesses: Alph JOHNSON, J.B. QUICK, Mattie SPRUILL Date: 1) 1 Jan 1875. 2) Fall term 1875 Date of: 1) Lease forged. 2) Indictment Folder: Criminal Actions, 1875-1879 (Broken series) Information: Warrant to sheriff of Lenoir County for Benj. T. WEBB to appear at the courthouse in Vandemere and answer a charge of embezzlement. Date: 7 Oct 1876 Date of: Warrant Folder: Criminal Actions, 1875-1879 (Broken series) Information: Indictment by jurors of B.F. WEBB that states that on 1 Jan 1875, as an agent of Jonathan JOHNSON and Jeffrey JOHNSON, partners under the name J & J Johnson embezzled $50 which came into his possession by virtue of his employment with the company. Date: Fall term 1875 Date of: Indictment Folder: Criminal Actions, 1875-1879 (Broken series) Information: Commitment of defendant James FEREBY, charged with voting fraudulently, to jail, $200 bond. Date: 1 Mar 1877 Date of: Order of commitment Folder: Criminal Actions, 1875-1879 (Broken series) Information: Jurors present that on 1 Mar 1877 James FEREBY voted in the election to remove the county seat of Pamlico County. He was not entitled to vote. Witnesses: J.O. BAXTER, P.J. DELAMAR, Benj. WISE, John MIDGETT Date: Spring term 1877 Date of: Presentment by the jury Folder: Criminal Actions, 1875-1879 (Broken series) Information: Presentment by jury that Archibald A. IRELAND beat William L. CAHOON with a stick in the head, giving him a mortal wound, and that CAHOON died of the wound. Witnesses: D.F. ONEAL, Noah IRELAND, George SAWYER, Washington BARNETT, W.T. KENNEDY Date: 1) 1 Jan 1877. 2) Spring term 1877 Date of: 1) Date assault occurred. 2) Presentment of jury Folder: Criminal Actions, 1875-1879 (Broken series) Information: Deposition of Washington BARNETT: I saw IRELAND strike CAHOON twice and CAHOON fell. He had no provocation that I know of. He struck the first lick on the arm, the 2nd on the back part of the head. The stick was large as a mans arm and broke with the blow. Asked IRELAND why he struck CAHOON and he said he struck him to kill him and if that did not kill him he would kill him. Deposition by Noah IRELAND: I saw [Archibald] IRELAND strike CAHOON twice with a pine limb as large as a mans arm. They had been drinking but were not so drunk as to be unconscious of what they were doing. They had had a fuss about a half hour before. Deposition of Dr. W.T. KENNEDY: Made a post mortem of the body and testified that his death was caused by fracture of the scull at the base of the brain. Deposition of George SAWYER: The deceased (CAHOON) in conversation said he did not know what IRELAND struck him for that if there was any grudge between them he did not know it. Deposition of Devaney ONEAL: Talked with CAHOON and that he told him that he knew not why or for what IRELAND struck him there was no difference between them that he knew of. Depositions signed by Jas. L. BRYAN, coroner. Date: No date Folder: Criminal Actions, 1875-1879 (Broken series) Information: Report of inquest by Jas. L. BRYAN, coroner. Inquest was held at the residence of W.L. CAHOON on Goose Creek Island. The jury consisted of Benjamin CAMPEN, Benaja CARRAWAN, Benjamin POTTER, Roeson CAMPEN, J.C. POLLARD, Jos. ALCOCK, Lem. HARDY, Geo. HARDY, Thos. VOLIVA, Jas. REESE, John FLOWERS, Thos. WOODARD. Found that CAHOON came to his death by blows on the head from a stick in the hands of Archibald A. IRELAND. Date: 22 Jan 1877 Date of: Report of inquest Folder: Criminal Actions, 1875-1879 (Broken series) Information: Presentation by jury that Simon MOORE did with force, make an assault on Edney NELSON, spinster, with the intention to ravish and carnally know her, and that he beat, wounded, and evilly treated her so that her life was despaired of. Date: 1) 1 Jan 1877. 2) Spring term 1877 Date of: 1) Assault. 2) Presentation by jury Folder: Criminal Actions, 1875-1879 (Broken series) Information: Indictment by the Grand Jury of Edney MOORE for perjury. They state that at the Spring Term of Court 1877, Edney MOORE while under oath, testified that she believed that Simon MOORE, the defendant in the case, would have forced himself upon her if Mr. CLARK had not come up. The Grand Jury’s finding was that she did not, in fact, believe this, to the great damage of MOORE. Witnesses: Robert LEE, Charles WHORTON Date: Fall term 1877 Date of: Grand Jury indictment for perjury Folder: Criminal Actions, 1875-1879 (Broken series) Information: First testimony of Edney NELSON: I was going to the new ground to pick peas fell in with Simon MOORE at the fodder stack. He asked me an unfair question after calling me to him, as I did not go he took hold of my dress and pulled me to him and told me he would have it anyhow. He then threw me down run his hand up my close with all my power to prevent and then I hollowed, he told me he could kill me and no one would ever know it he had gun and axe but made no attempt to use them he then let me go and in a moment Mr. CLARK came up. She [Edney NELSON] was asked if she thought he would have forced her, and she said she did—“I believe he would have done just what he said he would.” Second testimony by Edney NELSON: Differs by saying that MOORE pulled her in his lap, put his arms around her, and then run his hand up her close, and she hollowed and then he pulled them down. She was then asked if she believed he would have forced her if Mr. CLARK had not come, and she answered I do not. When asked why she differed, she said she was sorry for his wife and children and did not want them bothered. Date: 1) 3 Apr 1877. 2) 4 Apr 1877 Date of: 1) First testimony. 2) Second testimony Folder: Criminal Actions, 1875-1879 (Broken series) Information: Summons for Edney NELSON and Thomas CLARK to appear and testify in a case in which the State of NC is plaintiff and Simon MOORE is defendant. Date: 7 Mar 1877 Date of: Summons Folder: Criminal Actions, 1875-1879 (Broken series) Information: Grand jury presentation that Simon MOORE assaulted Edney NELSON and ravished and carnally knew her. Witnesses: Edney NELSON, Thomas CLARK. Back: Not a true bill Date: 1) 1 Jan 1877. 2) Spring term 1877 Date of: 1) Assault. 2) Jury presentment. Folder: Criminal Actions, 1875-1879 (Broken series) Information: Warrant for Jno. W. BRABBLE, Deputy sheriff, to appear and answer a finding by the coroner’s jury that while in search of an outlaw with the sheriff, he accidentally shot and killed Joseph JONES, thinking it to be the outlaw Thomas ROE. Corner’s finding was accidental homicide. Back: BRABBLE waived a hearing, and was ordered to pay an appearance bond of $500. Date: 7 Nov 1877 Date of: Warrant Folder: Criminal Actions, 1875-1879 (Broken series) Information: Report of coroner’s inquest held at the house of Perry JONES on the body of Joe JONES. Coroner’s jury consisted of H.A. ARMSTRONG, coroner, Thos. GRAY, C.M. BABBITT, T.G. STILLY, Jas L. BRYAN, June WOOD (col.), Bryan HARPER (col). Finding that Joe JONES came to his death by a wound from a shot gun in the hands of Deputy Sheriff Jno. W. BRABBLE he mistaking him for the outlaw Thomas ROWE as evidenced by the testimony of Sheriff D.B. HOOKER. Date: 7 Nov 1879 Date of: Inquest Folder: Criminal Actions, 1875-1879 (Broken series) Information: Testimony of D.B. HOOKER to coroner’s jury: Perry [can’t read] said that on the evening of Nov 6 he and JW BRABBLE went in search of Thomas ROE, a prisoner escaped from the county jail by burning a hole in the floor. They proceeded to Thomas ROE’s house and [can’t read] in the grass near the house. Someone came along, going in the direction of ROE’s house, and BRABBLE called out to him to stop. He started running toward ROE’s house, and Mr. BRABBLE fired his gun; after some time he heard a woman screaming and say they have killed my boy Joe. Date: 7 Nov 1879 Date of: Testimony Folder: Criminal Actions, 1875-1879 (Broken series) Information: Jury presentation that John W. BRABBLE shot and killed Joseph JONES. Back: Not a true bill Date: 1) 15 Nov 1879. 2) Fall term 1879 Date of: 1) Shooting. 2) Presentation. [Note that the first date does not make sense; the testimony in the document above took place on 7 Nov 1879]. Folder: Criminal Actions, 1875-1879 (Broken series) Information: Order that the defendant Jonas SIMMONS be imprisoned in the State Prison for the term of 5 years to begin 21 May 1879, and that the sheriff of Pamlico Co. deliver him to the State Prison in Raleigh as soon as practicable after the expiration of the term. Date: Not given Folder: Criminal Actions, 1890-1899 (Broken series) Information: Bill of indictment for perjury of Joab RICE. In an action on 20 Nov 1889, he willfully testified in a case in which J.W. STILLY was plaintiff and David R. HOLCOMB was defendant, that he had never seen a certain mule sick, being the mule in question in the suit. (STILLEY had bought the mule from HOLCOMB). Date: Spring term 1890 Date of: Bill of Indictment Folder: Criminal Actions, 1890-1899 (Broken series) Information: Standardized form for reporting Grand Jury indictments. This one is in regard to the indictment of Joab RICE for perjury, committed on 20 Nov 1889. Witnesses in the perjury trial were J.W. STILLY, T.G. STILLY, Jno. H. ORMAND, Henry MARTIN Date: Fall term 1889 Date of: Indictment Folder: Criminal Actions, 1890-1899 (Broken series) Information: Standardized form for reporting Grand Jury indictments. This one is in regard to the indictment of S.M. MCGONIGALL for buying seed cotton after sundown from one Hardy WOOD, col. on 6 Nov 1889 Date: Fall term 1889 Date of: Indictment Folder: Criminal Actions, 1890-1899 (Broken series) Information: Bill of indictment against S.M. MCGONIGALL for buying seed cotton between the hours of sunset and sunrise for the consideration of one cent per pound, the cotton being brought or carried away in a basket or some other mode in a quantity less than is usually baled. The cotton was not baled. Date: 1. 1 May 1890. 2. Spring term 1890 Date of: 1. Purchase of seed cotton. 2. Bill of indictment Folder: Criminal Actions, 1890-1899 (Broken series) Information: Complaint by Lee WADE against George THOMAS, Gabe THOMAS, Wm. RUSSEL, Jas RUSSEL, Tim [can’t read], Ben BARBOR, Wm. POWERS, Jin GORDON. Complaint states that they, using clubs and sticks, beat Benjamin LEARY and seriously damage him. “After I had ordered them away they went off and armed themselves & returned & made the assault with clubs.” Date: 6 Dec 1889 Date of: Complaint Folder: Criminal Actions, 1890-1899 (Broken series) Information: Depositions: 1. B.B. LEARY swears that they were at a corn shucking at Lee WADE’s house. Ben BARBER said Ben POWERS called him a damn son of a bitch. LEARY says POWERS did not. BARBER then struck POWERS, and a general row commenced. Lee WADE ordered them (the colored ones) away as they seemed to be very much enraged. The colored ones were Gabe THOMAS, George THOMAS, Wm. RUSSEL, Jas RUSSEL, Tim THOMPSON, Benjamin BARBER, & Wm. LONG whom WADE ordered off. They soon returned with sticks & clubs cursing & swearing. Struck Ed DANIELS on the shoulder & he ran off. Gabe THOMAS struck me across the forehead with a club & knocked me down senseless. I stayed at Lee WADE’s that night, and he carried me to Haywood LEWIS’s the next morning. I called in Dr. Geo. S. ATTMORE to treat me & was confined to house about 10 days. 2. Ed DANIELS swears he was sober at Lee WADE’s corn shucking. Lee WADE had the jug & said he was going to give liquor to the Blacks first & Ben BANKS says to Lee you are not going to do it. Lee ordered the drakes off & they went off & soon returned with clubs cursing & swearing & BARBER struck him across the shoulder & he (DANIELS) ran off. 3. Henry GASKINS swears that Ben BARBER said he was going to whip Wm. POWER before he left tonight. I saw Ben BARBER draw his knife & open it. BARBER & Jim RUSSEL were the leaders. 4. Math SWINDELL swears he heard Gabe THOMAS say he knocked down 3 men at the corn shucking. 5. S.W. FREEBIE swears he heard Gabe THOMAS say he knocked Lee WADE & Wm. POWERS. Date: 1. 4 Dec 1890. 2. 16 Dec 1890 Date of: 1. Incident. 2. Depositions Folder: Criminal Actions, 1890-1899 (Broken series) Information: State vs. George THOMAS, Gabe THOMAS, Wm. LONG, Wm. RUSSEL, Jas RUSSELL, Tim THOMPSON, Benj. BARBER, Wm. POWERS, Jas GORDEN states that in #2 Township they did willfully and in the night time beat with clubs & sticks Benjamin LEARY inflicting bad & dangerous wounds to LEARY’s head. Lee WADE also swears he ordered the crowd away when he saw they were about to get up a row, & they went off & returned in a short while armed with sticks and clubs. Below: Warrant for above men to appear and answer the complaint. Below this, an order for appearance bonds. Date: 1. 6 Dec 1890 2. 16 Dec 1890 Date of: Complaint and warrant. 2. Order for bond Folder: Criminal Actions, 1890-1899 (Broken series) Information: Bill of indictment that on 1 May 1890 George THOMAS, Gabe THOMAS, William LONG, William RUSSELL, James RUSSELL, Tim THOMPSON, William POWERS, Benj. BARBER, James GORDON, & Lee WADE with force and arms did willfully and unlawfully assemble together to disturb the peace of the state and did mutually assault and beat each other with deadly weapons (clubs and sticks), and did make an affray. Back: Not true as regards William POWERS, Jas. GORDON, & Lee WADE. True bill as regards George THOMAS, Gabe THOMAS, William LONG, William RUSSELL, James RUSSELL, Tim THOMPSON, William POWERS, Benj. BARBER Date: Spring term 1890 Date of: Bill of indictment and judgement. [Note: This appears to be a different incident from the previous one]. Folder: Criminal Actions, 1890-1899 (Broken series) Information: Bill of indictment to the Grand Jury that E.S. WATSON on 1 May 1890 did maliciously attempt the destroy the reputation of A.F. DANIEL, an innocent woman, by saying that he had had illicit intercourse with her and that L.J. POTTER and others had had illicit intercourse with her. Back: Witnesses: A.F. DANIEL, Chaley LEWIS, Susan A. REESE, L.J. DANIEL, W.B. DANIEL. A true bill. Date: Spring term 1890 Date of: Judgement Folder: Criminal Actions, 1890-1899 (Broken series) Information: State vs. E.S. WATSON-Depositions: 1. W.B. DANIELS: Husband of A.F. DANIELS. Heard reports that he had illicit intercourse with my wife—this was in May 1890. A week before the above he denied to me that he had made any such statement. 2. Mrs. A.F. DANIEL: Deft. has never had illicit intercourse with me. I have always been [can’t read]. Never had intercourse with any one except husband. 3. W.T. CAMPEN: Known Mrs.DANIELS. Lived in my neighborhood. Character good up to this time—Never heard her character discussed. 4. For the defense, E.S. WATSON: Mrs. DANIELS so loving towards me I could not help it—I had connection with her last June 24/89. Quit then. I told her I was going to quit her. She kept after me all the time—She made all the advances—She visited my wife. 5. Mrs. HOWLAND: I am cousin to Mrs. DANIELS. Some time May 1888 went to Mrs. DANIELS house—heard WATSON sit down in chair. Mrs. DANIELS had been sweeping. Saw the emission of a man on the floor. 6. Ben POTTER: Mrs. DANIELS character bad. I married her sister. 7. Mr. HOWLAND: On way from party both of us felt Mrs. DANIELS—character bad. 8. J.M. DANIELS: Mrs. DANIELS character bad. Saw Mr. WATSON & Mrs. DANIELS sitting together—she brushed a hdkf at him. He jumped behind the chimney. 9. J.C. DANIEL: At party saw deft. feeling her thigh. His sister on the other end of table—her husband in same room. Date: None given Folder: Criminal Actions, 1890-1899 (Broken series) Information: Summary of hearing in case of State and W.B. DANIELS against E.S. WATSON: Based on complaint be DANIELS, J.C. ALCOCK, JP issued a warrant against WATSON, and the case was called at Benjamin POTTER’S store. Defendant claimed a jury trial, and a jury was called from among the bystanders. Several witnesses testified that defendant had said he had intercourse with A.F. DANIELS, wife of W.B. DANIELS. Defendant admitted he had said that, and swore he had had intercourse. Several defense witnesses testified that she was not an innocent woman. These witnesses said they had seen her at a ball and was seen going on home at night with defendant and W.H. HOWERLIN in company with others, but did not know anything about her virtue. HOMERLIN testified she was with him and WATSON that night; she acted ugly and he did not think she was virtuous. Susan A REESE testified that she was present the night mentioned and went along with A.F. DANIELS home, and she never saw any misbehavior. Chalky LEWIS (male) said the same. Verdict was not guilty, and the prosecution appealed to Superior Court. Date: 14 May [no year] Date of: Hearing Folder: Criminal Actions, 1890-1899 (Broken series) Information: Subpoena for witnesses in case State vs. E.S.WATSON: L.G. DANIELS, Mary DANIELS, Susan A. REESE, Asa DANIELS, Washington DANIELS, Malachi POTTER, Chaley LEWIS, L.J. POTTER, James POTTER, Jr., Nathaniel GIBB, Wm. WATSON, W.T. CREDLE. (Witnesses for the State) Date: Not given Folder: Criminal Actions, 1890-1899 (Broken series) Information: Request by counsel for defendant that a special charge be given to the jury. They must find that the defendant attempted in a wanton and malicious manner to destroy the reputation of the prosectutrix, she being an innocent woman by words amounting to a charge of incontinency. But if they find the words were not wanton or malicious or that she was not an innocent woman, they must find the defendant not guilty. “And the court charges you that there is not sufficient evidence in this case to justify you in finding that the words spoken by defendant were spoken in a wanton and malicious manner. Date: Not given Folder: Criminal Actions, 1890-1899 (Broken series) Information: Complaint by Pompei SWINDELL in Township #2 that Charles MANN committed rape on Maria SWINDELL, wife of Pompei SWINDELL. In response to complaint, a warrant was issued to arrest Charles MANN. Date: 23 June 1890 Date of: Complaint and warrant Folder: Criminal Actions, 1890-1899 (Broken series) Information: State vs. Charles MANN: Charles denied the charge of rape, and was bound over for trial. Bail was set at $100, which MANN gave with Thos. A. HADDER, and T.A. POWERS, Ed. WILLIAM, and Brite W. BEST as sureties. Date: 23 June 1890 Date of: Hearing and bond Folder: Criminal Actions, 1890-1899 (Broken series) Information: Bill of indictment in State vs. Charles MANN that on 1 May 1890 MANN assaulted Maria SWINDELL and violently and forcibly wounded, beat and ill treated her with intent to ravish and carnally know her. Back: Witnesses: Maria SWINDELL, Pompei SWINDELL. Not a true bill. Date: Fall term 1890 Date of: Bill of indictment and judgement Folder: Criminal Actions, 1890-1899 (Broken series) Information: Bill of indictment against E.G. WISE that on 1 May 1890 he, being an evil disposed person, and contriving and intending to debauch and corrupt the morals of the citizens…did indecently and scandalously expose to the public view the private parts of E.G. WISE… [Note: This is on a pre-printed form. Only the name was handwritten in]. Back: Witnesses: C.R. MCLES, W.H. LANE, Thomas FARE. A true bill. Date: Spring term 1892 Date of: Bill Folder: Criminal Actions, 1890-1899 (Broken series) Information: “The jurors from the state upon their oath present that E.G. WISE did expose his private members to Walter LANE’s wife the said offense committed Aug 1890.” Date: Fall term, 1890 Date of: Judgement Folder: Criminal Actions, 1890-1899 (Broken series) Information: State vs. William WHEATLEY—Judgement: Upon payment by WHEATLEY of costs in the following cases, to wit, G.C.W. LENDENBURG, Joseph E. COLEBURN, John JONES, Jacob REID, William JOHNSON, David HAWKS, the appearance bond, etc. of WHEATLY shall be discharged and its sureties D.L. ROBERTS & S.G. ROBERTS are discharged from all responsibility. Date: Not given Folder: Criminal Actions, 1890-1899 (Broken series) Information: List of names and addresses: Geo. C.W. LINDEN BURGER, 650 Wayne St. Baltimore, MD; William D. JOHNSON, Upper Farmouth, Summerset Co., MD; Jacob REED, Crhistfield, Summerset Co., MD; John JONES, Hollock Station, Dorcester Co., MD; James E. Colbourn, Christfield, Summerset Co., MD. No other information on page. Date: Not given Date of: N/A Folder: Criminal Actions, 1890-1899 (Broken series) Information: Complaint—State of NC vs. Wm. WHITELY & others: Adam WARREN complains that on 17 Feb 1891 that Wm. JONES, John JACKSON, Saml. SMITH, Bill ARP, Saul JONES, Peter JONES, John BLACK, the names being fictitious as the real names are unknown, took or caught Oysters from the public grounds or national oyster beds of NC with a dredge. Below this: Real names since discovered: Wm. WHEATELY, James E. CLEBURNE, John JONES, Jacob REED, G.C.W. LINDENBURG, Wm JOHNSON, David HICKS. Date: 21 Feb ___ [year not given on date of deposition, but year of crime given as 1891] Date of: Deposition Folder: Criminal Actions, 1890-1899 (Broken series) Information: Document addressed to the clerk of court of Pamlico Co. from E.C. HILL, JP, Craven Co. Refers to a warrant against sundry persons for violating oyster laws. They have been confined in jail in Craven Co. since 21 Feb in default of $500 bail. On 1 May, WHEATLY (defendant) gave bail and was discharged; the other 6 are still in Craven Co. Jail. Papers with names of defendants and witnessed has been sent to clerk of court of Pamlico Co. Requests that sheriff of Pamlico Co. come after the prisoners on Saturday before court. Date: 7 May 1891 Date of: Document sent Folder: Criminal Actions, 1890-1899 (Broken series) Information: Jurors finding that Wm. WHEATLY, G.C.W. LINDENBURG, Geo. E. COLBURN, John JONES, Wm. JOHNSON, Jacob REID, & David HICKS on 17 Feb 1891, on 17 May 1791, and on 13 Feb 1891 unlawfully and will fully caught oysters in the water of the state on NC with drag nets and dredges, they being non-residents of NC. Date: Spring term 1891 Date of: Judgement Folder: Criminal Actions, 1890-1899 (Broken series) Information: Appearance bond for William WHEATLY, state of MD, with D.L. ROBERTS and S.G. ROBERTS of New Bern, Craven Co., NC, bondsmen to appear and answer the state on a charge of violating the law against dredging for oysters in the waters of NC Date: 1 May 1891 Date of: Bond Folder: Criminal Actions, 1890-1899 (Broken series) Information: Motion for re-hearing: Capt. J.F. BEAUCHAMP, owner of the vessel Sailor’s Return, swears that he has new testimony which is important to the defts who are now confined in Craven Co. jail, and asks that the case against Wm. WHEATLY, G.C.W. LINDENBURG, Geo. E. COLBURN, John JONES, Wm. JOHNSON, Jacob REID, & David HICKS, charged with dredging for oysters, be re-opened, so that the debts may have a new hearing, that justice may be served. Date: 2 Mar 1891 Date of: Motion Folder: Criminal Actions, 1890-1899 (Broken series) Information: Warrant against Wm. WHEATLY, G.C.W. LINDENBURG, Geo. E. COLBURN, John JONES, Wm. JOHNSON, Jacob REID, & David HICKS, based on a complaint by Adam WARNER that they caught oysters from the public oyster grounds on the national oyster beds of the state with a dredge-drag-scoop, patent tongs or some other instrument, forbidden by the laws of NC. Date: 21 Feb 1891 Date of: Warrant Folder: Criminal Actions, 1890-1899 (Broken series) Information: Oath by Dr. Alphas FIELDS that he was called to attend E.S. WATSON on ____ [date]. He discovered that WATSON had a wound on the convex surface of the middle 3rd of the collarbone of the right side. The wound ran with blood for the distance of 2/3-1 inch on the surface with semi-ragged edges. A bullet probe disclosed that the wound was on the surface extending only to the bone, there being no appearance or discovery of an opening to or toward any internal cavity, and in his opinion not a wound of a dangerous character. Was informed that it was inflicted by a ball from some small weapon and from the appearance of it, it is probable it might have been so inflicted. Date: 22 May 1893 Date of: Oath by Dr. FIELDS Folder: Criminal Actions, 1890-1899 (Broken series) Information: Bond to keep the peace by W.B. DANIELS with D.W. ABBOTT, C.H. FEREBEE, D.B. HOOKER, & S.W. FEREBEE, bondsmen for $500. To keep peace with all people of NC and especially E.S. WATSON and make his appearance at the Fall term of Pamlico Co. Superior Court. Date: 24 May 1893 Date of: Bond Folder: Criminal Actions, 1890-1899 (Broken series) Information: Order to keeper of the common jail: “Whereas W.B. DANIELS having been convicted of shooting and badly wounding E.S. WATSON on the 22 day of June 1892,… it was ordered that W.B. DANIELS enter into recognizance for his appearance at the next term of Superior Court, and having failed to find surety in the sum of $1000, you are to receive DANIELS in the common jail until he find such security or be otherwise discharged according to law.” s/J.C. ALCOCK, JP. Below this: “We are of opinion that said W.B. DANELS is in great danger of his life to return here soon.” s/J.H. ALCOCK, W.J. MAYO. Date: 22 June 1892 Date of: Order Folder: Criminal Actions, 1890-1899 (Broken series) Information: Hobucken—Charge to county by Wiley P. MAYO, JP: Due Joseph LEARY in the case of DANIELS shooting WATSON, for acting as gard over DANIELS and going part the way to the jail one say. Total charge is $2.40. Guards listed are Daw ROBINSON, Benj. MERCER, Ben RICE, Robt. CARAWAN Date: 29 June 1892 Date of: Charge made Folder: Criminal Actions, 1890-1899 (Broken series) Information: Warrant for W.B. DANIELS, based on a complaint by E.S. WATSON of #4 Township that DANIELS shot WATSON with a pistol in WATSON’s own enclosures, using this deadly weapon to inflict serious damage. Back: List of witnesses for the plaintiff: B. CARAWAN, B.D. LEARY, N.H. GIBBS, Daniel LUPTON, Benj. POTTER, J.C. DANIELS, Burnard LUPTON, Marcus CARAWAN, H.A. WATSON, W.H. HOWERLIN Date: 22 June 1892 Date of: Shooting and warrant Folder: Criminal Actions, 1890-1899 (Broken series) Information: Peace bond by E.S. WATSON with William POTTER, Graham POTTER, Benjamin POTTER, John RICE, S.J. CLARK, and Thomas CREDLE, bondsmen for $500. To keep peace with all and especially with W.B. DANIELS and make his appearance at the Fall term of Pamlico Co. Superior Court. Date: 24 May 1893 Date of: Bond Folder: Criminal Actions, 1890-1899 (Broken series) Information: Appearance bond by W.B. DANIELS with Sam CAMPEN, Geo. DEES, W.B. CAMPEN, W.E. HOOKER, C.M. BABBITT, C.H. FOWLER, S.W. FEREBEE, W.H. SAWYER, W.T. CAHO, William POTTER, Festus MILLER for $1000; DANIELS to appear at Pamlico Co. Superior Court on 21 Nov 1892. Date: 24 June 1892 Date of: Bond Folder: Criminal Actions, 1890-1899 (Broken series) Information: State vs. C.A. HODGES and Wallace A. WHITEHURST: Answer by W.H. WHITEHURST. Handwriting hard to read, but it appears that HODGES was charged with a crime and WHITEHURST was either a witness or his security for his appearance. HODGES was present in the courthouse but not the courtroom at the Spring Term 1895, and did not answer when called. WHITEHURST went and got HODGES and brought him to the bar, but the judge told him it was too late, and the case had been moved to the Fall term. It was WHITEHURST’s understanding that HODGES was then released from the Spring term, and that he was not arrested or required to give additional bond for this appearance at the next term. HODGES has remained in Pamlico Co. almost continually since the Spring term. Date: 18 May 1896 Date of: Answer Folder: Criminal Actions, 1890-1899 (Broken series) Information: Summons for Matthew N. HOOKER to appear and testify for the state in a case in which the state is plaintiff and C.H. HODGES is defendant. HOOKER is also to bring note or notes which he gave to HODGES for guano purchased from him during 1891-1892 and all other papers, documents, etc. showing the manner in which he paid him. Date: 2 Nov 1892 Date of: Summons Folder: Criminal Actions, 1890-1899 (Broken series) Information: Appearance bond by C.H. HODGES with W.H. WHITEHURST. Date: 10 Apr 1893 Date of: Bond Folder: Criminal Actions, 1890-1899 (Broken series) Information: Summons for R.D. HODGES to appear and testify on behalf of the state in a matter in which the state is plaintiff and HODGES is defendant and to produce all records of dealings and transactions of C.H. HODGES in the sale of guano for Alexander MORGAN & Co. of Norfolk, VA for 1891-1892. Date: 2 Nov 1893 Date of: Summons Folder: Criminal Actions, 1890-1899 (Broken series) Information: Finding by jury that on 1 May 1893 C.H. HODGES, not an apprentice or under 16, acting as agent for Edward Alexander, Decatin MORGAN and L.P. HORNTHAL [hard to read], trading in Norfolk, VA as Aleander MORGAN & Co, received and took $200 collected by him as agent of the company, and converted them to his own use— embezzled them. On the same date he also took a promissory note from B.F. PERKINS dated at Kershaw, NC 1 Aug 1892, payable 1 Nov 1892 for $64.50 and converted it to his own use. Back lists witnesses: Edward ALEXANDER, Lovic HARRIS, P.C. DELAYER, Claud HASKNS, John LANGSTON, S.S. CURTIS, B.F. PERKINS Date: Spring term 1893 Date of: Finding Folder: Criminal Actions, 1890-1899 (Broken series) Information: Summons for Benjamin F. PERKINS to appear and testify for the state in a case in which the state is plaintiff and C.H. HODGES is defendant. PERKINS is also to bring note or notes which he gave to HODGES for guano purchased from him during 1891-1892 and all other papers, documents, etc. showing the manner in which he paid him. Date: 2 Nov 1893 Date of: Summons Folder: Criminal Actions, 1890-1899 (Broken series) Information: Complaint by Edward ALEXANDER that C.H. HODGES, as agent of Edward ALEXANDER, Decatur MORGAN, and L.P. HORNTHALL, copartners in the sale of fertilizer, unlawfully and willfully embezzled and converted to his own use $50. Back: Warrant for C.H. HODGES to answer the complaint. Date: 1) 1 Dec 1892. 2) 9 Jan 1893. Date of: 1) Alleged crime committed. 2) Complaint and warrant Folder: Criminal Actions, 1890-1899 (Broken series) Information: Summary by sheriff in case in which C.H. HODGES was charged with embezzlement. Case scheduled for 1 Apr 1893, continued until the following Saturday (April 8) to obtain the presence of Edward ALEXANDER, principal and prosecuting witness. The case was called at 10:00 AM, then postponed until 3:00 PM, when defendant asked for a continuance until Mon morning Apr 10, giving bond with W.H. WHITEHURST Date: No date Date of: N/A Folder: Criminal Actions, 1890-1899 (Broken series) Information: Order allowing W.H. WHITEHURST to file an answer to the summons in ten days. Date: 22 Nov 1895 Date of: Order Folder: Criminal Actions, 1890-1899 (Broken series) Information: Jury finding that J.D. PHILLIPS assaulted Deony BENNETT in an attempt to rape her. Witnesses: Deovy BENNETT, Odom BENNETT, Caroline ODUM. Date: 1) 15 Apr 1897. 2) Spring term 1897 Date of: 1) Crime committed. 2) Finding Folder: Criminal Actions, 1890-1899 (Broken series) Information: Report by Jesse DANIELS, JP, regarding a case between W.A. CARAWAN, plaintiff for the state and W.L. LUPTON, defendant. “After examining the whole matter and also I examined the plaintiff’s wound I found no serious damage done & no threats or seemingly no great malicious intent—and they both mere boys under age. I disposed of case as follows in my judgment—it frivolous matter & adjudged the plaintiff to pay a fine of $1.00 and the defendant to pay a fine of $2.50 leaving all parties seemingly satisfied.” Date: 1 Nov 1897 Date of: Report Folder: Criminal Actions, 1890-1899 (Broken series) Information: Complaint by W.A. CARAWAN that W.L. LUPTON stabbed his boy A.R. CARAWAN with a knife sticking the blade in the left side of his head near the base of his skull inflicting a severe wound. Date: 1 Oct 1897 Date of: Complaint Folder: Criminal Actions, 1890-1899 (Broken series) Information: Calculation of cost of court in case against Wm. CARNUT for seduction. Witnesses for defendant were: Hannah HILL, Bell HILL, Ella HILL, B.M. HILL Date: 11 Jan 1898 Date of: Calculation of costs Folder: Criminal Actions, 1890-1899 (Broken series) Information: Jury finding that Zack GIBBS and Margaret GIBBS had carnal knowledge of each other, unlawfully, they being uncle and niece. Back: Indictment for incest. Witnesses: June GIBBS, Armond JENNETT, Tempe RIGGS, James NEAL, J.S. THOMPSON. Date: 1) 1 Nov 1897. 2) Spring term 1898 Date of: 1) Crime committed. 2) Jury finding Folder: Criminal Actions, 1890-1899 (Broken series) Information: Warrant for Zack GIBBS and Margaret GIBBS to appear and answer a charge of incest. Date: 14 Nov 1898 Date of: Warrant Folder: Criminal Actions, 1890-1899 (Broken series) Information: Several small sheets of paper that seem related: 1) “Martha BUCKNER states that she had a [can’t read] and built up a fire because she was hungry and had not got to no house where she could beg for something to eat and she states that she has bin to several houses and ask for something to eat states that she came from Newberne.” 2) “Robert BOWEN testimony states that he has seen hur tramping around and he saw hur on tuesday and ask hur some questions and she would not anser them and did not say anything.” “Mr. T.H. LAND states that he has seen hur beating around the Neighborhood.” Mr. J.B. LEE states that he saw hur about the last of march tramping around and saw hur again about the 11 day of May and again on the 16, smell fire and look up and saw her and hollowed at hur and she had built a fire in the [can’t read] ditch and would not say anything and he put the fire out and say that he did not no why it had not done damage and he asked her if she had any more matches and she stated that she did not.” “Mr. Noah BENNETT states that she is tramping the county around from place to place begging for food.” “Mr. Noah MILLER states I saw hur from Jimmie MILLER’s on Monday morning about 11 o'clock on the 16 day of May and saw her again on Tuesday morning at Henry BRINSONS and Mr. BRINSON said she was begging for matches and that gave hur the matches and she went on down the read and he went on the same way in about half an hour and about one mile he found hur again with a fire built up in the edge of the road and it would have done damage if it had not of rained.” Date: No date Date of: N/A Folder: Criminal Actions, 1890-1899 (Broken series) Information: Statement of complaint by Noah BENNETT that a Negro woman who goes by the name of Martha BUCKNER is a tramp going from place to place and begging for food. Date: 20 May 1898 Date of: Complaint Folder: Criminal Actions, 1890-1899 (Broken series) Information: Warrant for Martha BUCKNER to appear and answer a charge by Noah BENNETT that she did tramp around the neighborhood begging for food. Date: 20 May 1898 Date of: Warrant Folder: Criminal Actions, 1890-1899 (Broken series) Information: Jury finding that J.W. WILCOX attempted wantonly and maliciously to injure and destroy the reputation of Nancy DIXON, an innocent and virtuous woman, by declaring her an uncontinent woman. Witnesses: Riley HARPER, Nancy DIXON, R.B. HARRISON, J.B. ERNUL, James BENNETT, Winfield TINGLE, W.R. TINGLE, W.R. REEL, Rich HARRISON, Noah BENNETT, P.H. WILLIS, Walter HOLTON, Alex BRINSON. Date: 1) 27 Mar 1899. 2) Spring term 1899 Date of: 1) Crime committed. 2) Jury finding Folder: Criminal Actions, 1890-1899 (Broken series) Information: Z.W. DIXON testifies that J.W. WILCOX attempted to destroy the reputation of Nancy P. DIXON, an innocent woman, by accusing her of having had sexual intercourse with him. Date: 1) 27 Mar 1899. 2) 15 Apr 1899 Date of: 1) Alleged slander committed. 2) Testimony Folder: Criminal Actions, 1890-1899 (Broken series) Information: Jury finding that Ezekiel BELL, husband of Lucy BELL, abandoned her without providing adequate support for her or his children by her. Date: 1) 1 May 1899. 2) Spring term 1899 Date of: 1) Crime of abandonment committed. 2) Finding Folder: Criminal Actions, 1890-1899 (Broken series) Information: Warrant for J.W. WILCOX to appear and answer Nancy P. DIXON of a charge of attempt to commit rape. DIXON states that he entered her residence and “tried to feel of my leg by force and I jumped away from him and told him to get out of the house but he refused to go. Anson BROUGHTON was passing on the road and WILCOX saw him and jumped out in the yard and left.” Date: 14 Mar 1899. Date of: Alleged attempted rape and warrant issued Folder: Criminal Actions, 1890-1899 (Broken series) Information: “State vs. Chas WILSON, attempt to commit rape upon Rhoda E. BROUGHTON.” [Note: Handwriting very hard to read]. Mrs. Rhoda E. BROUGHTON states that he came in & asked where my husband was. I said he was gone to plough. [Can’t read next sentence]. He pulled my dress up, [can’t read next few words], he said he wouldn’t go. I went out the house then he come out. I run back & shut the door. He stood at door 5 min. [can’t read rest]. Below this, list of people, apparently witnesses: Frank P. DOZIER: Know def. 1 year; Phil RUNDALL: Know def. 2 years; Martin CRUMPON: Know def. 2 years. Sometimes he will speak & sometimes not. Next page: [no indication who said this—might be continuation of previous witness]. “He lives 2 miles from me. Have [can’t read] at work. I know nothing of my knowledge as to his sanity.” Nathan BLANGO: Known def. 3 years. I know no [can’t read] of him sometimes he didn’t have great ind. Will preach & pray for first one thing then another. He knows right from wrong. Eugene ROSS: Know def. for 2 years. He knows right from wrong. He worked with me about 3 times. Mr. BROUGHTON: Know def. 2 years. He worked for me much of [can’t read]. He knows right from wrong. He had great common sense and do good work. He [can’t read] in camp. Date: 21 Apr ____ Date of: Alleged attempted rape Folder: Criminal Actions, 1890-1899 (Broken series) Information: State vs. J.W. WILCOX: Case coming to be heard before W.K. HARPER, JP, and the defendant adjudged to be guilty, was ordered to post $300 bond for his appearance at the next term of Pamlico County Superior Court. Defendant offers E.P. BRINSON and W.H. BRINSON as sureties. Date: 27 Mar 1899 Date of: Judgement and bond Folder: Criminal Actions, 1890-1899 (Broken series) Information: Jury finding that J.W. WILCOX made a felonious assault on Nancy DIXON. Date: 1) 14 Mar 1899. 2) Spring term 1899 Date of: 1) Assault. 2) Finding Folder: Criminal Actions, 1890-1899 (Broken series) Information: Deposition of Nancy DIXON. She says that: J.W. WILCOX came to my house and noticed me knitting. He wanted to know if it was for me, and I told him it was for Mack [her husband]. He felt of it and then of my leg. I jumped up and told him not to do it, and he said lets have a good time; no one will ever know it. He pulled out his pocketbook [wallet] and tried to force it on me said here is $2; let me kiss you. I said no get out. He wouldn’t leave until Anson BROUGHTON came along. I ran to the door and asked him if he had seen anything of Mack. WILCOX came out and asked Anson if Warren had come and came off to Arapahoe. When he came back, he wanted to beg pardon, but I told him there was no pardon in it. There were cross examination questions: 1) Did he [WILCOX] go back to the house after he went to Anson? No he went off against the house. 2) Why did you not make an alarm? I could not holler; I had had the grip and was hoarse enough I could not even holler for one of my children. 3) Did you try to leave the house? No, I would not leave my children. WILCOX asked: 1) Did you not invite me in? No I didn’t, and you know I did not. 2) Did I not understand you to say I had not been there but once since I came from the Army? Yes. 3) Did I not go there one night I and Mack went hunting? No. 4) Did you not say you could not holler? I did say I could not holler. 5) Did you not say you hollered to Anson? No; I said I asked Anson. 6) If you were all that scared why did you not give the alarm to Anson? I thought that you had given alarm enough; he saw that you were there and you left. 7) Why should those young ones asleep at that time of day? Because they were sleepy. 8) Why did you ask the JP to not let me ask you any questions? Because I did not want to be [can’t read—laughed at, targeted]. 9) Why did you not tell Mack when he first came home? Because I knew it would make him so mad I hated to tell him. Here is one I told in less than 20 minutes. 10) Why did you tell Fannie that if she told it you would beat her? Because you said if I did not tell it you would not bother and I had to stay at home and my husband was gone and I was afraid for her to tell it. 11) I would like to know what you were afraid of? I was afraid of you; I did not want to give an alarm until Mack came. 12) Did not Mack have to curse it out of you? No he did not. Deposition of Mack DIXON. My wife told me that WILCOX went there about the 14th of Mar asked her if that was my sock; she told him no then he grabbed her by the leg and said lets see if your leg is as big as it is. She then started for the door and WILCOX got his pocketbook and said here is $2, kiss me. She then asked waked up Fannie. As far as my having to curse it out of her I did not do it. After she told me the circumstances I told her if she did not prosecute WILCOX I be damned if I didn’t leave her. Cross Examination questions: How long was it after you got home before your wife told you? I got home about 12:00 that night, and she told me about 12:00 Friday noon. 2) Did she tell this herself or did some young one do it? She did it herself. 3) Where did you stay that night you were in Arapahoe? Warren BOST. 4) Did not your little girl tell you something about something that you could not understand and had to ask your wife? She did not tell me a thing. 5) Where did Warren stay that night? He stayed at home; I think his child was sick. 6) Why did you tell Nancy that if she did not prosecute me you would leave her? On account of your rascality. 7) What did you mean by saying you would have compromised it? I meant we would have compromised. Deposition by J.J. BLAND: Anson BROUGHTON said Will BRINSON asked him where he met Jim at Mack then asked him what else Will said? Anson then said he was out of the mess and was going to stay out of it. Deposition by Anson BROUGHTON: On the 14th of Mar I was going from Arapahoe. I looked in at Mack’s and WILCOX was about 14 steps from the door and Nan was standing in the door. I took my horse up and Jim came out on the road and he asked did I see Hiliery BOWDEN at Arapahoe and I told him I did not and I drove my horse on and Nan asked me did I see something of Mack and I went out of sight and Jim remained coming on toward Arapahoe and Nan remained standing in the door was the last thing that I seed. Cross examination: 1) What were they doing when you saw them? Jim was walking off from the house toward the road and Nan was standing in the door. 2) Did you hear any conversation between them? I did not. 3) Did Mrs. DIXON talk as though she was scared? I did not see any difference in the way she spoke. Deposition of Will BRINSON: I used to receive notes from her. The writing was bad but I could read it. I have seen her write little notes. Date: Not dated Folder: Criminal Actions, 1900-1907 (Broken series) Information: Appearance bond for D.C. MORRIS with James BREAKWATERS and McRay RIGGS to appear and answer a charge of swearing falsely. Date: 16 June 1900 Date of: Bond Folder: Criminal Actions, 1900-1907 (Broken series) Information: Warrant for David C. MORRIS to appear and answer a charge brought by Edmond HARRIS that on 9 June 1900 he did willfully swear falsely to procure a marriage license. Date: 12 June 1900 Date of: Warrant Folder: Criminal Actions, 1900-1907 (Broken series) Information: Deposition by Alexander LEE that on 9 June 1900, D.C. MORRIS applied to him for a marriage license for Riley RIGGS and Mary BATSON. LEE asked MORRIS how old they were, and MORRIS stated that RIGGS was 21 and BATSON was 18, and he swore to this, and the marriage license was issued. s/Alexander LEE, Register of Deeds Date: 14 June 1900 Date of: Deposition Folder: Criminal Actions, 1900-1907 (Broken series) Information: Summons for Charles SQUIRES & C.K. LAND to appear and testify in a case against Henry HARDISON. Date: 3 Apr 1902 Date of: Summons Folder: Criminal Actions, 1900-1907 (Broken series) Information: Presentment by jury that Henry HARDISON attempted to destroy the reputation of Gillie DIXON, an innocent woman, by saying that her daughter Allie May was a negro child. Gillie DIXON being a white woman married and living with her husband, this amounted to a charge of incontinency. Witnesses: Major DIXON, Gillie DIXON, G.W. HARDISON Date: Fall term 1901 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: Summons for Stanley HASKETT, Eddie SIMMONS, & Will SIMMONS to appear and testify in a case against R.D. HODGES Date: 4 Apr 1902 Date of: Summons Folder: Criminal Actions, 1900-1907 (Broken series) Information: Grand jury presents that in the Spring of 1896 that R.D. HODGES cut a canal through the graveyard on the Chiney Grove Plantation, and plowed and cultivated the graveyard, destroying graves that were bricked in. Witnesses: David HASKETT, Carteret; Stanley HASKETT; Eddie SIMMONS (col); Will SIMMONS (col) Date: Fall term 1901 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: Notepaper written in pencil with heading “State vs. J.H. DANIELS,” and a list of names as follows: M.B. SAWYER, W.H. LEWIS, U.F. SPAIN, J.R. GASKILL, E.H. PICKLES, Z.D. HOLTON, W.E. BENNETT, J.J. SWINDELL, S.A. REDDING, W.G. COOPER, Geo WHORTON, Hy CARAWAN. [No other information. There are 12 names; this might be jurors]. Date: Not given Folder: Criminal Actions, 1900-1907 (Broken series) Information: 1. Warrant for J.H. DANIELS. 2. Subpoena for state: Robt. JONES, Ralph DANIELS, Jos. CAROON, Jr., Ef. ALLEN, James BLY. 3. Witness for the state: W.B. DANIELS, H.F. DANIELS, D.J. CAROON, Mrs. [can’t read] SAWYER, Mrs. L[can’t read] SAWYER. 4. State vs. J.H. DANIELS: JR HODGES, JP, heard the above case on 4 Apr 1902 and believed there was probable cause to convict the defendant, and set his bond at $50. W.B. DANIELS was recognized as security. The following witnesses were recognized to appear before the Grand Jury: Ralph DANIELS, Effie ALLEN, Joe CAROON, Jas. BLY. There is another list that says “For State” [written in pencil] that lists: Mrs. Sarah ALBRITON, Benj. CIVILS, Murtle DANIELS, Florence BRITE, Chas BRITE. 5. J.N. DANIELS complains that on 9 Mar 1902 that J.H. DANIELS assaulted Mirtle DANIELS, Florence BRITE, Ef ALLEN, & Ralph DANIELS on the highway by running into, by recklessly driving, the vehicle occupied by them on the public highway, breaking down the same. Written in in pencil between the lines there is also a charge that he damaged their personal property, i.e., their buggy. Date: 15 Mar 1902 Date of: Complaint Folder: Criminal Actions, 1900-1907 (Broken series) Information: Presentment by the jury that on 9 Mar 1902 that J.H. DANIEL assaulted Myrtle DANIELS with a car and by fast and reckless driving along the public highway. He drove into and injured her, throwing her to the ground and bruising her body. Date: Spring term 1902 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: There are several pages of depositions in the case against J.H. DANIELS, but the handwriting is virtually illegible. It appears that Myrtle DANIELS thought that J.H. DANIELS ran into her buggy and broke it on purpose, and he claims that it was an accident. Date: Not given Folder: Criminal Actions, 1900-1907 (Broken series) Information: Calculation of court costs in W.H. LUPTON case. Witness fees paid to A.M. SADLER, Samuel SIMPSON, David GASKINS, Joseph GASKINS, Bynum SADDLER, Edward IRELAND, Albin DANIELS. Date: No date Folder: Criminal Actions, 1900-1907 (Broken series) Information: Additional costs in case against W.H. LUPTON Date: No date Folder: Criminal Actions, 1900-1907 (Broken series) Information: Appearance bond for W.H. LUPTON to appear and answer a charge of dredging. Date: 18 Aug 1902 Date of: Bond Folder: Criminal Actions, 1900-1907 (Broken series) Information: Warrant for W.H. LUPTON to appear and answer a charge by Albin DANIELS that from 1 Feb to 10 Apr 1902 that he unlawfully violated statutes regulating the oyster industry of the state by dredging oysters in waters prohibited by the statute: W of a line running from Neuse River Light House to the E end of Brant Island to Pamlico Point. Witnesses: Albin DANIELS, A.M. SADDLER, B.B. SADDLER, Samuel SIMPSON, Edward IRELAND, J.R. GASKILL, W.D. GASKILL Date: 25 Jul 1902 Date of: Complaint and warrant Folder: Criminal Actions, 1900-1907 (Broken series) Information: Presentment by jury that W.H. LUPTON on 10 Feb 1902 unlawfully used a scoop scrape or dredge for the purpose of taking or catching oysters from the waters along the shores of Pamlico Co. Date: Fall term 1902 Date of: Presentment Folder: Criminal Actions, 1900-1907 (Broken series) Information: [Note: This document is 15 double-sided pages of depositions in the case State vs. Darius MANN. Darius MANN was accused of murdering the newborn son of Georgianna WILLIS]. L.B. MIDGETT, coroner: Held inquest last spring. Found body in woods covered with dirt and with pine boughs piled over it. He reached the scene at 5:00 PM on Tues. The body was found 30 yards from Georgianna WILLIS’s house in the woods adjoining her house. MIDGETT carried the body to DAVENPORT’s house after removing the afterbirth. He delivered the body to Dr. ATTMORE the next day at 11:00 AM for post mortem; the body was in the same condition that it was found in, except the afterbirth had been removed. On cross-examination, said described the hole the body was placed in. The body was the color of a bright mulatto. The body was all right except I thought the head was broken in. Had Georgianna WILLIS arrested about 7:00 PM that day. Dr. G.S. ATTMORE (Testifying as expert witness): Did post mortem exam. Believe the child was a female. Body had been born 2-3 days previously. No signs of decomposition. Head was bruised, and there was a little abrasion on the skin with an effusion of blood under the skin. Cut into head and found two bones of skull fractured, indicating it had been struck several blows on the head. Child was a negro child. Child was not stillborn; it had been alive. Think blow to head caused death. On cross-examination, said mother of child is pretty black. Think child was child of two black parents—it is hard to tell a newborn negro child from white child except the privates of negro are always black. Could not tell newborn black child from mulatto. It was not warm enough to make body swell. Skull of newborn child is pretty thin; clod of earth would have broken parietal bones on opposite side of head. Don’t think spade of earth would have produced fractures; there were two fractures—the parietal bones on each side of head. Georgianna WILLIS: Has known defendant about 15 years. Is mother of child found buried near her house. Defendant is father of child and my other two children. The child was born Easter Sunday. Defendant came to my house from direction of S.S. [Sunday School]. I was sick and lay down; got up and went out when thought defendant was gone. He was out there behind my house. He called me and asked if I was ailing. Told him I was. He said that today is the day I have set apart to make away with with the d___d bastard you have got. He put both his hands on my abdomen and pressed down until I was sore for two months; he told me not to tell anything on him. I was scared of him. Child was born there in the woods; I was on my knees; dft. was there. He tried to have connection with me that day and could not because the child was coming too fast. I was in such agony I almost fainted. Dft. told me to go on to house. Went into room and lay down across the bed. Joe THOMPSON came there. I slipped on another skirt and came out. When I came to house I left dft and baby in the woods; I did not see baby again until they had me up at store. I did not kill child and did not move it from place where it was born and did not bury it. About a month (or 3 weeks) before child was born dft. came to my house. I was crying. Dft. said never mind, the d___d bastard won’t come here. I said yes it will. He said for me to smother the child in bed. He threatened to kill me and showed the knife and pistol. On cross-examination, said dft went to gate at our house on same day child was born, but did not come into house. He then went over to Joe THOMPSON’s. This was about 10 or 10:30. I did not see Joe THOMPSON until about 2:30 P.M. when he came to our house. Child was born between 12 and 1:00. Dft was with me from about 11:30 until two. Child was born during that time. Went to house not long after that time (within 1/2 hour). It was after 2:00 when dft and Joe THOMPSON went to church. I did not testify before coroner that child was born Sunday between 11 and 12 and did not swear it was born Sun. night. I signed my name to paper shown me. I did not say child was born Sun. night. The coroner wrote paper. KING arrested me and carried me to coroner. At first I refused to say anything. They asked me if I had seen child before and I not them no sir. After awhile I told them it was mine. Don’t think I told them I had not had a child. I told them I was “regular” every month. I was at DAVENPORT’s store and did some trading on Mon. This is about one mile from my house. I walked there and back and carried some cloth. DAVENPORT asked me if child was white and I said no. He asked me if dft went to my house Sun. evening and I told him if he did I knew nothing of it. One of coroner’s jury told me it would be best for me to own it. The coroner said to me “it is yours” and he told me to come up and own it. No one told me to put this on someone else to clear myself. I went out there before child was moved with my mother and others. Baby was not born in house. I have had three children; first will be 8 in Nov. I did not try to destroy it. Was at home when 2nd child was born. Did not tell coroner that Bryan THOMPSON saw dft and me in woods. I was in house when dft came along and he and Joe THOMPSON started to church. Joe was in house. I was not out chopping wood when dft and Joe started to church. On re-direct: I told MIDGETT that dft delivered me and I did not know anything further. I don’t know that dft killed child. J.R. KING: Know dft. Was a special officer sworn in by coroner. Arrested dft about 10:30 Tues. night. He made voluntary statement; I made no threats nor inducements. After arrest he said that he went to Georgianna’s house and saw Georgianna in the woods and had sexual intercourse with her and that Joe (KING didn’t know last name) saw them. On cross-examination, said that dft bitterly denied charge against him. Denied everything except intercourse with Georgianna about 9:30 AM. Joe WILLIS: Was with dft. Left him at Joe THOMPSON’s. He and I passed Georgianna’s house and stopped at gate 5 min. I went to church with dft’s wife and others in time for 11:00 service and left dft at Joe THOMPSON’s 200 yards from Georgianna’s house. Dft cam to church about 3:00. On cross-examination, said dft came from SS & stopped at our gate; I left him at Joe’s and saw him no more til he came to church in afternoon. Georgianna was all right Monday morning so far as I know. She was complaining that morning before day. I know nothing about women. George WILLIS: Dft passed my house Easter Sun. morning. He seemed to be going to his boat. Albert SMALL (preacher): Was at church Easter Sun. We took in a few minutes after 11:00. Services closed for good about 3:30 PM. It was quarterly meeting as well as Easter. On cross-examination, said: Saw dft a little after 3:00. Don’t know when dft came to church and don’t undertake to say. Georgianna is my niece. I raised money to employ counsel in this case. [This is the end of state witnesses]. Darius MANN (defendant): There is one house between Joe THOMPSON’s house and Georgianna’s house. My house is nearest church. There are 4 houses between my house and Georgianna’s. THOMPSON’s house is furthest from church. About 8:30 Georgianna came out to woods back of her house and I had connection with her. Had seen THOMPSON just before this. I then went back home and to S. School. Saw THOMPSON after I had connection with Georgianna at his house about 9:00. We started to SS about 9:00. SS takes in about 9:00. It is 25 yards from my house. Left SS and went to Joe THOMPSON’s. Got there about 10:30. Stayed there 1/2 hour, went home and stayed 1/2 hour, then put on shirt and collar and went back to Joe THOMPSON’s about 12:00. Stayed at Joe’s awhile and went to church. Joe went with me. Left Joe’s between 12 and 1:00. Got there just before they turned out for recess. From church went up road and stayed until sundown. This church is 2 1/2 miles from my house. Georgianna did not give birth to a child in my presence. I did not kill or bury child. I did not make any threats. Had been having connection with her for some time. On cross-examination, said I am married and have two children by wife. Have one child by Georgianna. She had not told me that another one was coming We had frequently had intercourse in woods where we met. I did not know for certain that she was pregnant when I had intercourse with her. George WILLIS went on with my wife and others to church and left me at Joe THOMPSON’s. Don’t know what time this was; think it was between 10-11:00. It is 500-600 yards from my house to Joe THOMPSON’s. In going from my house to Joe’s had to pass Georgianna’s. Went home and stayed awhile and went back and found Joe at Georgianna’s, called Joe and stopped at his house and walked slowly to church. Got to church between 1 and 2:00. On re-direct, said Joe WISE came along while I was picking guitar at home just before I started to church. Joe THOMPSON: Live 400-500 yards from defendant. Georgianna lives between my house and dft. Saw dft first Sun. at my house between 9 and 10:30. He left and went in direction of house and said he was going home. Was not gone very long; came back about 12. When he came back, I was at Georgianna’s; Georgianna was in room. Dft did not stop or go in at Georgianna’s. Dft. and I went on to my house; when we left Georgianna was sitting or standing in the door. Went to church; I went into my house and got coat; when I came out I saw Georgianna outdoors as I thought cutting wood. Dft and I got to church just about recess. We met boys before we got to church. I judged that it was 12:00 when dft came back. Stopped at my house a few min. and walked on very slowly to church. Met Moses HARVEY and Bill LOVETT’s son about 1/2 or 1/4 mile from church and stopped and talked to them about 1/2 to 3/4 of an hour. On cross-examination, said dft and I did not mention Georgianna cutting wood. J.T. DAVENPORT: Georgianna told me on Wed. morn that child was born Sun. night about dusk. On cross-examnation, said I asked her what she called dusk and she said between sunset and dark. She said child was dfts. and that dft was at her house when child was born with her and that she did not know what had become of child. She said she saw dft no more after child was born. On Re-direct, said this was after dft was arrested. People in neighborhood think well of dft. Joseph E. WISE: On Sun. of alleged killing, passed dfts house about 10 or 10:30. dft was at home picking a banjo. C.G. DOWDY: Sun. of alleged killing, saw dft about 1:30 or 2:00 that day. Met him about Wise’s and others 1 1/2-2 miles from his house. One of THOMPSON boys was with him; don’t remember which one. This was about a mile from church. They were walking along at a moderate gait. I passed them. I was one of coroner’s jury. Gerogianna’s statement was that child was dft’s child. She stated that child came between 11 and 12 o’clock. She said she was sick when her mother went to church. She said she went to woods and got toothbrush and dft came to her. She said she was suffering and dft grabbed her around waist and pressed her so that child was born there and that she fainted away and when she recovered dft and the child were gone. Don’t remember condition of weather on Monday. Rained Tues. She denied having any child at first and stated that child was not hers. We were empaneled about 5:00 and got through about 11:00. She admitted child was hers about 10:00. We had had some witnesses in there before she admitted that child was hers. She had not been on stand. Witnesses went on stand before she was arrested. On cross- examination, said that she said she became unconscious and that when she recovered dft and the child were gone. Some of the jurors asked if she had seen the child and she said she had not. She denied she had had a child after she went on stand. J.G. WISE: On Sun. saw dft about 1 1/2 miles from Pamlico about 1:00 going toward head of creek. Joe THOMPSON was with him. They were strolling along road. On cross-examination, said they were coming from direction of Georgianna’s house. E.G. WISE: Was on coroner’s jury. Was at Davenport’s store between 1/4 and 1/2 mile from Georgianna’s house. Got there about 7 or 8:00. She was there then and said she had had no child and had not been pregnant for over a year since middle child was born. Dft character is good, also Joe THOMPSON’s. On cross-examination, said when Georgianna went on stand she made 2 statements. She first stated that she had had no child. She then called me and MIDGETT back to back end of store and told us that she had had child and dft was father. Calvin MILLS: Was on coroner’s jury. Georgianna stated she had had no child. I went to place where child is said to have been found. Saw child in hole. Hole looked like a stump hole. It looked like dirt had been cut off sides of hole to cover child. Small pines have been cut around. They looked like they had been cut with dull tools. On cross-examination, said saw coroner take up child and take afterbirth from it. It had not been bathed. On re-direct, said had heard nothing against the characters of dft or THOMPSON. On re-cross examination, said Georgianna told about dft being in woods, birth of child, etc. She said she was out there from 11:30-2:00. Joe MOORE: Did not see dft on Sun. until 7:00 PM. Was with him at his house from 7:00-11:30. Moses HARVEY: Saw dft between 1:30-2:00 Sun. about 250 yards from church, and 2 1/2 miles from where he lived. B.P. PAUL: Saw dft between sunset and dark near his house that day. He stopped with crowd near his house. R.L. WOODARD: Went to place where baby was found. Hole was a stump hole. (Same description as Calvin MILLS, above). Dfts character was good until this occurrence. THOMPSON’S character is good. Never heard anything against MOORE’s character. [This is the end of defendant’s witnesses] L.B. MIDGETT (recalled): When went down to end of store, Georgianna acknowledged that she had had child and stated dft was father. First denied she had had child. Asked her if child was not a white child. She said it was not and that no white man had ever had connection with her. She said dft helped her bear child and showed how he did it. She said she never saw child. On cross examination, said that she had had child about 10:00. Some jurors spoke of having a doctor examine her. Georgianna’s mother said she did not know that she was pregnant. Dr. G.S. ATTMORE: Did not examine Georgianna. Date: 27 Oct 1903 Date of: Depositions Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. J.A. LUPTON—list of jurors: H.A. GASKINS, W.H. BRITE, W.A. REDDITT, G.A. SWINDELL, Fred S. WHARTON, J.C. LANGLEY, J.D. PHILLIPS, Jas. B. BENNETT, P.T. PAUL, W.F. RESPASS, H.A. SPAIN Date: Not given Folder: Criminal Actions, 1900-1907 (Broken series) Information: Order to sheriff to summon 40 men who are freeholders to appear, from which a jury will be drawn for the case State vs. Darius MANN. Men summoned: John HARDISON, A.D. RAWLS, J.E. JONES, J.T. SWINDELL, H.A. REEL, S.A. BRINSON, C.E. FRIGHT, G.T. RICE, G.W. HARDISON, R.W. HARDISON, L.D. SPRAIN, H.A. SQUIRES, P.T. TINGLE, G.W. BRIGHT, J.E. IRELAND, N.G. BRINSON, E.R. PHILLIPS, David BRINSON, J.T. MALISON, James HARDISON, A.Z. HOLTON Jr, C.L. BENNETT, T.C. MYDIETT, Benj. M. HILL, W.J. SWAN, R.M. DANIELS, James SPRUILL, J.F. RIGGS, J.A. MCCOTTER, J.B. FEREBEE, A.J. FLOWERS, John D. WESKITT, R.C. GASKINS, W.E. SWINDELL, N.F. DIXON, W.S. SIMMONS, P.C. SANDERS, Perry JONES Date: 1. 16 Apr 1903. 2. 17 Apr 1903 Date of: 1. Order issued. 2. Sheriff’s report with list of names Folder: Criminal Actions, 1900-1907 (Broken series) Information: Prisoner (not named) brought into court and pled not guilty, and he and county solicitor both agree to a trial, defendant remanded to prison in custody of sheriff. Date: Not given Folder: Criminal Actions, 1900-1907 (Broken series) Information: Presentment by the grand jury that Darius MANN on the 12th day of April 1903 killed an unnamed female infant of Georgianna WILLIS. Presentment by jury that on the 12th day of April 1903 that Darius MANN endeavored to conceal the birth of a newborn female child of Georgianna WILLIS by secretly placing the dead body of the child in a secret place, covered with leaves and earth. Witnesses: Georgianna WILLIS, L.B. MIDYETTE, & Dr. Geo. S. ATTMORE Date: Spring term 1903 Date of: Presentment by jury Folder: Criminal Actions, 1900-1907 (Broken series) Information: Mortgage deed for a $250 bond by Joseph MANN and his wife Harriett and Nelson BLUNT and Tamar BLUNT (wife of Nelson). Land is on NS of lower Broad Cr to Cypress Br., 16 ac, being the Joseph MANN land. Another tract bordering John MORRIS, 10 ac, called the Nelson BLUNT land. [All signed with X]. This is security for money owed to the State of NC. Date: 4 Apr 1903 Date of: Bond Folder: Criminal Actions, 1900-1907 (Broken series) Information: W.H. GREEN & wife, B.D. MANN & wife, Joseph MANN & wife, and Joseph MANN and wife are indebted to the state of NC in the amount of $317, and present this indenture as security. Lists all of their personal property to be used as security on an appearance bond for Darius MANN to appear and answer a charge against him. Date: 4 May 1903 Date of: Bond Folder: Criminal Actions, 1900-1907 (Broken series) Information: Coroner’s verdict states that they were impanelled to determine how one child found in the woods near Mary WILLIS’s house near Pamlico came to his death; they are of the opinion that the child was murdered by Darius MANN. Jury: E.S. NEAL, Calvin MILLS, C.G. DOWDY, B.P. PAUL, Z.F. CULPEPPER. Below this is the physician (Geo. S. ATTMORE) statement of cause of death: “Infant child “newborn,” This child came to its death from a blow or blows upon its head after it was born. It was born alive. No evidence of any hard substance having been used suppose the fist or [can’t read] could have produced condition which consisted of a bruised scalp, fracture of both parietal bones, effusion of blood beneath scalp and laceration of brain substance sufficient to cause death.” Date: 14 Apr 1903. 2. 15 Apr 1903 Date of: 1. Corner’s jury verdict. 2. Sworn statement by physician Folder: Criminal Actions, 1900-1907 (Broken series) Information: Order in case State vs. Darius MANN: “The wit Georgina WILLIS having been brought to the court and being in a condition unable to travel or care for herself on account of a recent confinement. It is ordered that the sheriff provide a comfortable place and suitable attention for said witness and that the expenses thereof be paid by the county of Pamlico.” Date: Not given Folder: Criminal Actions, 1900-1907 (Broken series) Information: State vs. Darius MANN. Case is continued due to the sickness of witness Georgianna WILLIS. Prisoner allowed bail in the sum of $1000; in the meantime the prisoner is remanded to the sheriff. Date: 17 Apr 1903 Date of: Order of continuance and bail Folder: Criminal Actions, 1900-1907 (Broken series) Information: Deposition of Georgianna WILLIS states that a child was born of her body 12 Apr 1903 and was a bastard child beget by Darius MANN. MANN went to Georgianna WILLS and taking holt of her by force caused her to bring a child there in the woods and MANN disposed of the child by burying the same not far from where it was born and she being in such a delicate state could not help herself. Below this: Order to keeper of jail to keep Darius MANN in the common jail of Pamlico Co until he has a hearing before a JP. Below this: Prisoner was placed in jail. Date: 1. 14 Apr 1903. 2. 15 Apr 1903 Date of: 1. Deposition and order of incarceration. 2. Notice that MANN had been jailed Additional Comments: Pamlico County Criminal Action Papers 1875-1914 (Broken Series) CR.074.326.1 File at: http://files.usgwarchives.net/nc/pamlico/court/papers919nwl.txt This file has been created by a form at http://www.genrecords.net/ncfiles/ File size: 148.2 Kb