Wayne County, NC - State vs Joseph Martin & Others, 1819 ~~~~~~~~~~~~~~~~~~~ STATE VS JOSEPH MARTIN & OTHERS State of North Carolina Superior Court of Law Wayne County First Monday after the Fourth Monday of September 1819 Be it Remembered that heretofore to wit on the First Monday after the Fourth Monday of March 1819 in the Superior Court held for the County of Wayne at the Court House in Waynesborough, An Indictment was found by the Grand Jury of Said County duly Sworn and charged (in the Following words to wit State of North Carolina Superior Court of Law Wayne County the first Monday after the fourth Monday of March 1819. The Jureors for the State upon their oaths present, that Joseph Martin, Thomas Durden, Joel Newsom Senr, Joel Newsom Junr, Isaac Newsom, Burrel Martin, Richard Sanders, Joseph Sanders and Zadock Peacock, all late of the County of Wayne together with divers other persons to the Juriors aforesaid as yet unknown, being rioters, Routors and disturbers of the Peace of the State, on the Ninth day of April in the year of our Lord one Thousand eight Hundred and Seventeen with force and arms, that is to say with Sticks, Stones, and other offensive weapons at the County of Wayne aforesaid unlawfully riotously and Routously did assemble and gether to gether to disturb the peace of the State, and being So assembled and gethered to gether the dwelling house of one Lucy Showell, she the said Lucy being in the peaceable possession thereof, then and there unlawfully riotously and Routously, did pull down remove, break and distroy, and other wrongs to the Said Lucy Showell, then and there did to he great damage and against the peace and dignity of the State And the Jureors aforesaid upon their oaths aforesaid do further present that the said Joseph Martin, Thomas Durdin, Joel Newsom Senr, Joel Newsom Junr, Isaac Newsom, Burrel Martin, Richard Sanders, Joseph Sanders & Zadock Peacock on the Said ninth day of April in the year aforesaid in the County of Wayne aforesaid in and upon one Lucy Showell in the peace of God and the State, then and there being with force and arms did make an assault and the Said Lucy Showell then and there did beat wound and ill treat and other wrongs to the said Lucy Showell then and there did to her great damage and against the Peace and dignity of the State Indorsesed J R Downell Solictor a True Bill E. Slocumb Foreman And the Said, Joseph Martin, Thomas Durdin, Joel Newsom Senr. Joel Newsom Junr, Isaac Newsom, Burrel Martin, Richard Sanders, Joseph Sanders & Zadock Peacock having been brought into Court by a Writ of Copias executed by the Sheriff of Wayne County, at the present Term of the Superior Court of said County the First Monday after the fourth Monday of September 1819, and then and there by their attorneys John Stanly and Moses Mordeca Esquires entered a plea of not guilty, whereupon the following Jury of good and lawfull Men duly Sworn, To wit, Daniel Kornegay, Jesse Bass, Thomas Horn, James Carraway, Willis Garner, James Acock, James Cox, Robert Gurley, Stephen Coor, Richard Brent, Gabriel Sherrod and Hopton Coor, was empaneled to Try the issues, and aligations Set forth in the Indictment, and the Said Jury of Good and Lawful Men aforesaid returned their verdict to Said Court, and Say that the defendents are guilty of the Riot as charged in the Indictment, but not guilty of the Assault and Battery as charged in the said Indictment. Whereupon the defendents moved for a new Tryal upon the ground of Misdirection of the Judge in the following Points 1st That upon the first Count, The Judge charged that evidence of taking down the Roof of the house in which Lucy Showell resided against his Consent Supported the Said Court, notwithstanding the husband of said Lucy Showell was living: That the alligation in the indictment that it was the dwelling of the Said Lucy Showell was not traversable, The Said Showell the Husband having gone from the State, leaving his said wife Lucy behind residing in the house which he had ocupied at his departure and having Since the Commission of the acts charged in the Said Court returned to the State, but has not Since resided with his Said wife- 2nd That altho no evidence of a Right of Possession in Lucy Showell or her Husband, or any evidence of Personal reclamer or turning her out of possession was given, and evidence of the title to the Land was given in one of the defendents, they were guilty of a Riot in taking off the roof of the House. Which Motion for a new Tryal being over ruled The Court passed the Following Sentence, That the defendant Joseph Martin be fined Forty Dollars and the other defendents Twenty Dollars each. Whereupon the defendants prayed an appeal to the Supreme Court of North Carolina, which was granted by one of Said defendants entering into Bond with Sufficient Security in the Sum of one Hundred Pounds State of North Carolina Wayne County I Nicholson Washington Clerk of Wayne Superior Court, do hereby Certify the foregoing to be a True and Correct Transcript and Statement of the Case The State against Joseph Martin and others as taking from the Records and proceedings in Said Case in my office, Given under my hand and Seal of Office the 26th day of October 1819. Nn Washington Clk On reverse: State vs Joseph Martin & Others. Appeal from Wayne Superior Ct. New Trial. Filed 20th November 1819. Wm Robards C. S. C. Reported. Recorded. It is equally immeterial whether the ownership of the house be properly described in the indictment. Source: Supreme Court Case # 156½, November 1819. State vs Joseph Martin & Others. More in folder not copied by me. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Grace Williamson Turner ___________________________________________________________________