Wayne County, NC - Court Records Calvin R Blackman vs William Thompson ------ Aug 1830 State of N Carolina } Wayne County } Tuesday 17th day of August 1830 It appearing from the returns of the diferent Captains Districts in Wayne County that Calvin R Blackman is duly elected high Sheriff for the County aforesaid for the ensuing year where the following Justices being a majority of the acting Justices of said County being present, (viz) 1 Giles Smith 13 Ishabod Pearson 2 Elijah Smith 14 Limon Newson 3 A F Moses 15 Exum Lewis 4 N Washington 16 Edmond Whitfield 5 John Everitt 17 Edmond H Whitfield 6 Arthur Bardin 18 Calvin Coor 7 William Thompson 19 James Griswold 8 Bryan H Pate 20 Alfred Flowers 9 Bryan Boyte 21 Daniel Kornegay 10 Edward Sasser 22 Britton Hood 11 Gabriel Sherard 23 Robert McKinne 12 Henry V Cook 24 William Raiford Calvin R Blackman failing to enter into bond and produce his receipts it is therefore ordered that the Court proceed to Elect some Person for sheriff when William Thompson and James Griswold offers their services as Candidates ------ Aug term 1830 State of North Carolina } Wayne County } The answer of James Griswold one of the Justices of the Peace for the County aforesaid, to the notice from the Superior Court for the Justices of said County to shew cause why a writ of Mandamus should not issue at the instance of Calvin R Blackman, answering saith that on the second day of August term of the Court of Pleas and Quarter Sessions for the County aforesaid he was before the Court as a candidate for the sheriff of said County that he considered himself as precluded from sitting upon the bench as a member of the Court that he had no agency whatever in defeating said Blackman in the election of Sheriff & that he did no act on that day or the day previous as member of said Court. James Griswold ------ No date Lewis Cogdell and John Cox appeared in open Court and took the oath of a Justice of the Peace 1 Giles Smith for Thompson 1 A F Moses for Griswold 2 Elijah Smith do 2 A Borden do 3 N Washington do 3 Edward H Whitfield do 4 John Everitt do 4 Edmond Whitfield do 5 Bryan H Pate do 5 Britton Hood do 6 Exum Lewis do 6 William Raeford do 7 Edward Sasser do 7 Robert Collier do 8 Gabriel Sherard do 8 Lewis Cogdell do 9 Henry V Cook do 10 Ichabod Pearson do 11 Simon Newsom do 12 Alfred Flowers do 13 Daniel Kornegay do 14 Rob McKinni do 15 John Cox blank Whereupon William Thompson was declared duly elected, who enters into bond as the Law directs, with John Kennedy, Thomas Kennedy, John Cox, Cornelius Outland, Jacob Hooks, Waitman Thompson, John W Sasser, Micajah Cox Jr, and Bryan Thompson his Securities who appeared in open Court and took the oaths of office, Edward H Whitfield entered his protest against the foregoing proceedings Court adjourned Copy P Hooks Clk ------ Oct 1830 Calvin R Blackman vs Wm Thompson Copy of Petitions & Sub'd To Wayne Sup Ct Spring term 1831 Executed Willis Hall To the Honorable the Judge of the Superior of Law and Equity for the County of Wayne The Petition of Calvin R Blackman himself of the County of Wayne for a Sheriff of said County Your Petitioners duly elected by majority of the qualified voters of said County Sheriff thereof. And your Petitioners further shewith that afterwards at the Court of Pleas and Quarter Sessions, next insuing said election by the People, which was held for the County of Wayne at the Court House in Waynesborough on the third Monday of August 1830 and on the Tuesday of the said term of said Court, your Petitioners duly tendered to the said Court of Pleas and Quarter Sessions a majority of the acting Justices being present and in court, the Several Bonds required by Law with good and sufficient Security to the Law, and your Petitioners thereupon required to be permitted to take the various oaths of office and to be installed in said office, But the said Justices regardless of their duty and in violation of the Law of the County aforesaid to administer said oaths to your Petitioner and to install him in said office of Sheriff to which he had been duly elected by the people of the County, But the said Justices proceeded to the election of one William Thompson and your Petitioner further shewith that at the time of the executing and approving of the Bonds offered by said William Thompson in a majority of the acting Justices of the County was not present, And your Petitioner further shewith that the said William Thompson has entered upon and is now in the excercise of the office of Sheriff and in the receipt of the fees of said office to the great injury of your Petitioner and your Petitioner further shewith that said William Thompson refuses and prevents him from the discharge of the duties of said officer and has ursurped the involvements of the same, Your Petitioners prays for a Writ of Mandamus to be distributed to the Justices of the County of Wayne requiring them to show cause why your Petitioner should not be admitted and installed in said office of Sheriff and that a copy of this Petition be served on William Thompson commanding him to show cause wherefore he has usurped the aforesaid office of Sheriff and your Petitioner prays said other and further relief as he maybe entitled to and your Petitioners as in duly bound will ever pray. L D Henry } Sal? for & } Petitioners W C Stanly } Calvin R Blackman maketh oath that the facts stated in this Petition as of his own knowledge as true, and the others as so stated he believes to be true Calvin R Blackman Sworn to in open Court the 9th October 1830 N Washington Clk (Added to bottom of this document) State of North Carolina To the Coroner of Wayne County Greeting In pursuance of the foregoing affidavit and petition of Calvin R Blackman, and by the directions of the Pesiding Judge of the Superion Court of Law for the County of Wayne at Fall Term 1830, you are hereby commanded to make known to William Thompson Sheriff of Wayne that he is hereby notified and required to appear at the next Superior Court of Law to be held for the County of Wayne at the Court House in Waynesborough the first Tuesday after the fourth Monday of March next and show cause if any he hath, wherefore the prayer of the Petition should not be granted. Herein fail not, and make your then and there, due return how you shall have executed this Viz Witness Nicholson Washington Clerk of said Court as office the first Monday after the fourth Monday of September 1830 and in the 55th year of American Independence Issued 21st Aug 1831 N Washington Clk ------ No date The Justices of Wayne County } } vs } Mandamas } Calvin R Blackman } (Note: Mandamas is a writ issued by a Superior Court ordering the perfomance of a specific act) The undersigned Justices of the Peace and for the County of Wayne respectifully return to the writ of mandamus directed to them by the Hon'ble the Superior Court of Law for Wayne County at the instance of Calvin R Blackman, that it is true that the said Blackman received a small majority of the votes of the qualified voters of said County for the office of Sheriff of said County, and that in persuance of the act of 1829 entitled an act to vest the right of electing Sheriff in the counties within the state and before which was therof the said Calvin R Blackman at the term of the County bound of said County must insuing said elections was declared duly elected as aforesaid, a majority of the acting Justices of said County being present and the said Blackman was required by said Justices to come forward and enter into Bond as prescribed by said acts and the said Justices do further return, that the said Blackman, though requested by the said Justices failed or refused to tender the said bonds or any bond, whatsoever, until late in the afternoon on Tuesday, when he offers his bonds to the Justices then present, which were rejeced on the ground of the inadeqancy & insufficiency of the Justcies. And the Justices aforesaid do further return and certify that the said Blackman was called upon by the Court to produce the receipt required by said act of 1829 which the Blackman failed to exhibit and the said Justices do further return & certify that the said Blackman failed to offer evidence to satisfy said Court that he was possessor of a freehold of one hundred acres of land in fee simple as required by said act. And the Justices aforesaid do further return that they conceived that agreeably in the provisions of the before recited act of failure to comply with the requirements aforesaid on with majority thus created a vacancy in said office of Sheriff and that they the said Justices a majority of the acting Justices of the County being present, proceeded to the election of some other person as Sheriff of said County, whereupon William Thompson was duly elected Sheriff whereof he having received a majority of the votes of said Justices present as aforesaid, and the said Thompson possessing the qualifications requisite for said office and having entered into the bonds required by said act with justices approved by the said Justices; the said Bonds were accepted by the same and this act and said Thompson on having been permitted to take the oaths of office was declared duly elected Sheriff of Wayne County and entered upon the discharge of the duty of said officer. And do the Justices aforesaid do declare and return unto the said writ that for the cause reasons aforesaid the said Calvin R Blackman is not entitled to be as Sheriff of said County of Wayne or to receive the ___ or perform the duties of said office all which is respectfully returned. Wm Thompson Br H Pate JP Alfred Flowers JP Simon Newsom JP Thos Horn JP Dan'l Kornegay JP Elijah Smith JP Exum Lewis Wm Washington A Borden B C Hooks Gab'l Sherard JP Jesse Parson JP Edward Sasser JP Wm J Sherard JP E Whitfield Giles Smith Britton Hood Calvin Coor not present at the Court Election Silas Barnes Wm Handly not present at the Court Election Wm Smith not present at the Court Election A F Man A'r Bardin Jno Cox did not qualify untill the Court refused to receive Blackmans Bond Lewis Cogdell did not quallify until the Court refused to recv'd Blackmans Bond ------ Feb 1831 Calvin R Blackman vs The Justices of Wayne Copy of Petition & Subs'd To Wayne Sup Ct Spring Term 1831 Exum Lewis, Blake Hooks, Joseph Fulghum, Henry Boyte, Calvin Coor, Edward Sasser, Gabriel Sherrad, Stephen Braswell, Henry V Cook, Arthur Bardin, Thomas Horn, Ichabod Pearson, Silas Barnes, Simon Newsom, Elisha Holland, Edmund Whitfield, Edward H Whitfield, James Griswold, Robert Collier, Alfred Flowers, Daniel Kornegay, Young Wood, Brittan Hood, Robert Mckinne, John H Pate, William Raiford, Lewis Cogdell and John Cox, Justices of the Court of Pleas and Quarter Sessions of the County of Wayne that they are hereby notified and required to appear at the next Superior Court of Law to be held in the County of Wayne at the Court House in Waynesborough the first Monday after the fourth Monday next and shew Cause, wherefore the prayer of the Petitioner should not be granted in herein failure of and make you there and then return how you shall execute this Writ Witness N Washington Clerk of said Court as officer the first Monday after the fourth Monday of September 1830 and in the 55th year of American Independence Issued 21st February 1831 N Washington Clerk Made known to all the men named Except John A Pate, Henry N Cook, who is ded & Henry Boyte & Edmund A Whitfield who is mooved away Wm Thompson shff Made known Giles Smith Wm Raiford Daniel Kornega Isaac Hill James Gridwold Calvin Coor Wm Handley Robert Mckinna John Everitt Arnold Borden E Sasser B H Pate G Sherrod P Collier E Whitfield A J Moses N Washington B Hooks E Holland J Fulghum I Pearson Simon Newsom Thos Horn Arthur Bardin Wm Smith Elijah Smith Exum Lewis Wm Sherrod Stephen Braswell Silas Barnes Alfred Flowers Lewis Cogdell John Cox Young Wood Britton Hood _________________________________________________________________________ USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. 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