Wayne County, NC - Court Records

File contributed for use in USGenWeb Archives by
Grace Williamson Turner
Edited by Guy Potts

Source: New Bern District Superior Court; Criminal Action Papers;
        1800-1807; D.S.C.R. 206.326.5


              THE CASE OF THE MISSING GRUBBING HOE

 Joe Altman maketh oath that sometime ago a grubing hoe his property was
feloniously taken from his plantation and that he lately discovered the
same in the possession of Simeon Langston who informed deponent that he
purchased the aforesaid hoe from William Bunn deponent in company with
several persons called on bunn who on being questioned relative to the
said hoe said that he had purchased it from Edwards.

 Edwards being brought before Bunn declared that he never did sell a
grubing hoe to said Bunn. Bunn then said that he purchased the said hoe
of Joseph Green of Wayne County Joseph Green being applied to declare that
he did not sell any hoe to said Bunn.

 Deponent believing that said Bunn had stolen the hoe from him prepared
a Bill of Indictment against said Bunn which was found a true bill by 
the grand jury and at November term 1804 of Wayne Court the same came
on to be tried deponent swore positively to the hoe as his property and
that the same was stolen from him and found in the possession of Simeon
Langston who swore to the identity of the hoe and that he purchased it 
from the said Bunn and deponent and others swore to the equivocations of
sd Bunn respecting his having purchased the said hoe of Edwards and
Joseph Green and that the said Edwards and Green both deposed that they 
had never sold or lent a grubing hoe to the said Bunn yet the said Bunn
produced in Court two children of his wife who swore that Joseph Green 
had sold the said hoe to the said Brown & the Jury found him not guilty
deponent being satisfied that the oath of Joseph Green was more worthy
of credit than that of the children who he believed had been made to 
swear falsely and finding the opinion of the Solicitor for the State
for the County of Wayne similar to his own.

 The said Solicitor prayed on appeal to the Superior Court and the 
deponent offered to give bond with security for all cost that might 
occur in the prevention of the appeal but the gentleman who appeared
for the Defendant offered this application on the ground that the State
was not entitled to an appeal and further positively states that it had
been repeatedly so decided in the Superior Court.

 The Solicitor for the County aforesaid declared his doubts of the
correctness of this Statement and urged for the appeal but the Court
refused the same from a belief as deponent apprehends that no appeal
lies for the State deponent will be able to produce at the next trial
additional evidence against said Bunn both as to the truth and correctness
of the witness produced on behalf of the State and as the doubt of 
credibility in the witness produced by defendent and deponent has no 
doubt but that on a fair trail before an intelligent Court and jury
the guilt of said Bunn will be clearly established.

                                        Joel Altman



State of North Carolina  Wayne County  November 28th 1804

Personally appeared before me Joel Altman and made oath to the truth
of the forgoing affidavit.

Barnaby McKinne  JP                     Joel Altman

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