Wayne County, NC - Court Records Joseph Edwards vs John McKinnie ------ Nov 1807 State of North Carolina } Wayne County } Ezekiel Slocumb maketh oath, That James Sasser Clerk of Wayne County Court dec'd died in the month of November 1807 during the sitting of the Gen'l Assembly by the representatives of Wayne County to have Joseph Edwards appointed Clerk of Wayne County Court protem by an act of the legislature which attempt failed. That nine persons were added to the Commission of the Peace of Wayne County in the same session on the nomination or recommendation of the said representatives although at that time there were twenty nine or twenty eight acting Justices in said County. That for some time previous to February term of Wayne County Court in 1808 it was rumored that those of the Justices of Wayne who desired the election of Joseph Edwards to the office of Clerk of Wayne County Court, intended to meet at the Court House on the night predeeding the first day of February term for the purpose of opening Court before day light on Monday morning & at that time to appoint the said Joseph Edwards Clerk. That in consequence of the Justices who were opposed to the election of Edwards, justified by extraordinary measures to elect Edwards already resorted to - it was resolved that the said Justices opposed to Edwards should meet in the vicinity of the Court house the night of Sunday preceeding the Court but it was agreed that the said Justices would not go into the Court House nor do any act towards appointing a Clerk before the usual hour of Monday unless the proceedings of the adverse Justices should render it necessary with this intention a number of Justices assembled on Sunday night in Waynesboro. About twelve o'clock at night or very shortly after that hour it was discovered that James Rhodes & a number of other persons who were Justices of Wayne County together with several of the persons recently commissioned as Justices were proceeding with lights to the Court House, this deponent, with other Justices, opposed to the election of Edwards, went into the Court house soon after the first party. Some remarks were made upon the extrodinary mode of proceeding in attempting to open a Court on Sunday night, the lights were by some person struck out & the Court House soon evacuated after which a fire was held near the Court house for the purpose of discharging when any persons should again enter. Both parties or a part of both remained in Waynesboro untill it was believed to be ten o'clock on Monday, at which hour the Court is usually opened when it was proposed to go into Court, and all or nearly all the acting magistrates of the County went into the Court house, and as many as could conveniently sit on the bench, took seats there. Zachaiah Hamm, Sheriff did not or would not come into Court & the Coroner was directed to open Court which was done in the usual form. It was then proposed no one dissenting that Robert Collier should officiate as Clerk protem, that said Collier agreed to act & then asked of the Court what business they would first proceed to & suggested the necessity of the appointment of Clerk. The Chairman of the Court JC Pinder put the question to the Court whether the appointment of Clerk should at that time be made & the votes were taken by calling over the names of all the magistrates & receiving their votes. Seventeen Justices voted for proceeding to the appointment of Clerk at that time. Some others expressed an opinion which deponent believes was not then to appoint a Clerk & some made no answer. The Chairman then declared that the majority of the Court had determined to appoint a Clerk at that time. Proclamation was made by the Coroner for all Justices desirous to vote on the election of Clerk to come into Court and for all persons candidates for office of Clerk to make themselves known. John Mckinne offered himself no other person offered, that Robert Collier as Clerk protem called over the names of the Justices of the County twenty eight or twenty nine and to each Justice present, the Chairman put the question for whom do you vote for Clerk. Fifteen Justices of whom the said Chairman was one voted for John Mckinne. Some others of the Justices answered to the Chairmans question I will vote when I am ready, others said I will not vote now when all the votes of them who did vote were taken and recorded by the Clerk Protem, the Chairman declared John Mckinne was duly elected Clerk, whereupon the said John Mckinne entered into Bonds to the satisfaction of the Court & took the oaths required by law. The bonds were delivered to the Chairman, a Committee of the Justices were appointed to deliver the Papers & Records of the office to the said John Mckinne deponent further says that after the Court had determined to proceed to the appointment of clerk and after the votes were several of the Justices were actually taken & recorded. William Exum, a Justice of the County, began in one of the jury boxes to administer the Oaths to some of the persons lately appointed Justices the Chairman declaring this an interruption of the business of the Court, commanded silence this order not inducing silence, the Chairman commanded the Sheriff to have silence preserved or take out of Court the persons who disturbed its proceedings. This order not being obeyed, Richard Mckinne, a Justice, went from the bench and took holt of Exum & the business of the Court proceeded to the result herein before stated. Deponent further states that Zadock Thompson in Court while the votes for Clerk were collected by the Chairman requested to be quallified as a Justice to which the Chairman replied that he should be gratified so soon as the busniess then before the Court was dispersed of. Deponent did not hear a Commission from the Governor appointing Justices read that day in Court if it was read he surmises it was before day light or at a meeting of the Justices friends of Edwards subsequent to the election of Mckinne & to the adjournment of the Court by which Mckinne was elected. Deponent states that after the qualification of Mckinne and the appointment of a Committee to deliver him the papers the Court adjourned untill the next day and further saith not. E Slocumb Sworn to before me this } 2nd day of October 1809 } John Everitt William Bizzell, Stephen Sasser, Barnaba McKinne, Stephen Cook maketh oath that the facts hailed in the above affidavit of Ezekiel Slocumb are true to the best of their knowledge. Sworn to before me the date above mentioned. Wm Bizzell John Everitt S Sasser Barnaby McKinne Jr Stephen Cook ------ Apr 1808 State of N Carolina Wayne County April Term 1808 Zachariah Hamm maketh oath that on Monday the first day of the last County Court held for said County in February, he went into the Court House soon after it was opened by the Coroner, when Zadack Thompson, Arthur Barden, Isaac Dickerson, Jacob Fulghum, Bryan Edmondson, John Bledsoe, Abel Hamm & Benja Hatch and John B Parker Justices appointed at the last assembly, apeared in Court with an apparent intention to Quallify by taking the oaths of office agreeable to Act of Assembly, when Zadock Thompson, observed to the Court they considered they had a right to vote at the approaching election for Clerk of the County Court and demanded their Right of quallification for that purpose, this was repeated without producing any other effect than a cry from the bench whereon sat or stood near about fifteen Justices to wit, John C Pinder, Wm Bizzell, Robert Hood, Ezekiel Slocumb, Daniel Kornegay, Stephen Sasser, Geo Bradbury, Stephen Cook, John Everitt, Barna McKinne, Joseph B Boyt and Richd Musgrave ___ ___ that the ___ should not quallifying Richard Mckinne Esq sworn by god they should not, on the other side it was urged they had a right to quallify, when William Exum Esq provided to administer the oaths of office to several of the new Commissioners Justices among whom this deponent believes was Zadock Thompson, Arthur Borden & Isaac Dickerson while they were quallifying several of the Court forbid it saying it should not be with other words of interpretation the bench seized the book from Exum out of which he was administering the oath threw it on the floor took him by the throat and made an attempt to throw said Exum out of the jury box with many threats and much abuse this deponent further recollects that Barna Mckinne seized the Bible from the New Justices what then insued or what particlar expressions might be made this deponent does not recollect the whole Court House being in such an uproar & confusion the deponent further states that in all the behavior of the Court they the fifteen Justices as aforesaid winced the most determind resolution as I conceived at all Hazards not to permit the new Justices to Quallify until they had appointed a Clerk, and to effect this purpose this deponant is obliged to believe they had collected a party & further this deponent Saith not Zach Ham 6th April 1808 E Slocumb Clk ------ Apr 1808 State of North Carolina Wayne County April Term 1808 John B Parker maketh oath that on Monday the first day of the last County Court held for said County in February he went into Court soon after it was opened by the Coroner when Zadock Thompson, John B Parker, Arthur Barden, Isaac Dickerson, Jacob Fulghum, Bryan Edmondson, John Bledso, Abel Ham, & Benja Hatch most as all of whom appeared in Court with an apparent intention to Quallify by taking the oaths of office agreeable to act of assembly when Zadock Thompson and several others of the new appointed Justices observed to the Court they considered they had a right to vote at the approaching election for Clerk of the County Court and demanded their right of Quallification for that purpose this was repeated without producing any other effect than a cry from the bench whereon sat or stood near about fifteen Justices to wit John C Pinder, Robert Collier, Richard Mckinne, Lawrence Wood, Wm Bizzell, Robert Hood, Daniel Kornegay, Ezekiel Slocumb, Stephen Sasser, Geo Bradbury, Stephen Cook, John Everitt, Barna Mckinne, Joseph B Boyt and Richard Musgrage, esq'rs that the new Justices should not Quallify, Richard Mckinne swore by God they should not, an the other side it was urged they had a right to quallify, when William Exum Esq'r proceeded to administer the oaths of office to several of the new commissioners Justices, among whom the Deponent believes was Zadock Thompson, Arthur Borden and Isaac Dickerson, while they were qualifying several of the Court forbid it saying it should not be with other words of interuption, when Rich'd Mckinne Esq'r sprung from the bench seized Exum took the book from which he was administering the oath and threw it under foot, and appeared to have some design to injure Exum many threats and much abuse ensued, the particular of which is not recollected, this deponent further recollects that Barna Mckinne seized the Bible from the new Justices and made many threats which this deponent does not recollect. This deponent was not on the bench and from a sense of the riotous and illegal proceeding refused to vote or act as a Justice of the Peace at the Election and appointment of Clerk and he believes many others refused and left the Court from the same impressions soon afterwards about 9 o'clock the Court was closed. This deponent further states that about 10 o'clock the Court directed the Sheriff to open Court, when twenty Justices appeared in the Court House including the new commissioners and when the Court first proceeded to appoint Joseph Edwards Clerk protem then proceeded to quallify eight of the new Justices, then there being on or about the bench being a large Majority they passed an order recinding all the proceedings of the late Court just adjourned as riotous and illegal. They then proceeded to appoint a Clerk when Joseph Edwards and John Thompson were candidates the pole being closed there were found Twenty for Edwards, for Thompson none, Joseph Edwards immediately quallified and gave bond as may be seen by papers in his possession. This deponent further states that a demand was made by the Court about twenty Justices conceiving, of the papers and records of said Court from John Mckinne who had gotten possession of them in a manner which is necessary may be made known to the Court who answered he would surrender them only with his life or words to that amount on which this deponent saw a party gather round him and take their station. The deponent further states that in all the behavior of the Court they winced as I conceived the most determined resolution at all hazards not to permit the new Justices to Quallify untill the fifteen Justices or aforesaid had appointed a Clerk, and to effect this purpose this deponent is obliged to believe they had collected a party. Sworn to in open Court Jno B Parker 6th April 1808 E Slocumb Clk ------ Apr 1808 State of North Carolina Wayne County April Term 1808 James Rhodes maketh oath that on Monday the first day of the last County Court held for said County in February he went into Court soon after it was opened by the Coroner, and read the Governor's commission appointing nine new Justices of the peace in and for the County aforsaid, to wit Zadock Thompson, John B Parker, Arthur Barden, Isaac Dickerson, Jacob Fulghum, Bryan Edmunson, John Bledsoe, Abel Ham and Benjamin Hatch most or all of whom appeared in Court with an apparent intention to Qualify by taking the oaths of office agreable to act of Assembly, when Zadock Thompson one of the number observed to the Court he considered he had a right to vote at the approaching election for Clerk of the County Court and demanded his right of Qualification for that purpose, this was repeated without producing any other effect than a cry from the bench whereon sat or stood near about fifteen Justices to wit John C Pinder, Robert Collier, Rich'd Mckinne, Lawrence Wood, Wm Bizzell, Robert Hood, Daniel Kornegay, Ezekiel Slocumb, Stephen Sasser, George Bradbury, Stephen Cook, John Everitt, Barna Mckinne Sen, Joseph B Boyt, and Rich'd Musgrave, Esq'rs that the new Justices should not Qualify, Richard McKinnie swore by God they should not, on the other side it was urged they had a right to qualify when Wm Exum esq'r proceeded to administer the oaths of office to several of the new commissioners Justices, among whom this deponent believes was Zadock Thomspon, Arthur Barden and Isaac Dickerson, while they were several of the Court forbit it saying it should not be with other words of interuption Qualifying Rich'd Mckinne esquire rushed from the bench, seized Exum, took the book from which he was administering the oaths from him; threw it underfoot, and appeared to have some design to injure Exum, many threats and much abuse ensued the particulars of which is not recollected, the book was also taken this deponent believes from the Justices who were qualifying but by whom this deponent does not recollect to know otherwise than from report which he deems it improper to state, this deponent desired to know when the riots would cease and the business progress regular, about this time amid much confusion and bustle Robert Collier asked if they appointed him Clerk protem someone from the bench answered yes, he then asked if they wished to proceed to the appointment of Clerk, someone answered yes, on which he began to collect the votes, this deponent was not on the bench and from a sense of the riottous and illegal proceedings refused to vote or act as a Justice of the peace at the Electing appointment he believes many others refused and left the Court from the same impressions, this deponent saw Collier close the pole when there were but thirteen voted, he then added his own name which made fourteen on which he delared the election and this deponent left the Court House, this deponent believes that Collier either thought the Chaiman could not vote or forgot to take his vote, at all events he had but fourteen cast on his pole, the next day this deponent hinted to Collier he failed in a Majority of the old Justices, putting the new ones out of the question, there being twenty nine acting Justices in the County, out of which he got but fourteen, the Court however after the election of Clerk not far from ten o'clock adjourned and immediately (this deponent was tho forward in a threating tone by John C Pinder and Robert Collier to Qualify the new Justices) there appeared about twenty Justices including the new commissioned ones in the Court House when they ordered the Sheriff to open Court, it being about the usual hour or rather earlier of opening Court on the first days, the Court first procedded to appoint Joseph Edwards Clerk protem, then proceeded to qualify Eight of the new Justices, then there being twenty on or about the bench, a large majority, they passed an order recinding all the proceedings of the late Court Just adjouned as riottous and illegal, when the Sheriff was ordered to make proclamation at the door that the Court was about to elect a Clerk, which he did, desiring those come to walk in, when Joseph Edwards and John Thompson were candidates the pole being closed there were found twenty for Edwards for Thompson none, some refused to vote at all as well as deponent recollected Joseph Edwards immediately quallified and gave bond as may be seen by papers in his possession, this deponent further states that a demand was made by the Court about twenty Justices concuring, of the papers and records of said Court from John Mckinnie who had got possession of them in a manner which if necessary may be known to the Court, who answered he would surrender them only with his life or words to that amount, on which this deponent saw a party gather round him and take their stations. This deponent omitted to state that he was also forwarned before the Court in the morning was opened by the Coroner, by Mr Collier and W Coor to Qualify the new commissioners Justices of the peace repeatedly, in all the behavior of the Court they winced as I conceived the most determined resolution at all hazards not to permit the new Justices to Quallify until they had the fifteen Justices or aforesaid had appointed John Mckinnie Clerk & to effect this purpose this deponent is obliged to believe they had collected a party, this deponent further states, this deponent further states that the substance of the forgoing is to the best of his knowledge and belief true and further saith not. Sworn to in open Court J Rhodes 6th April 1808 J Slocumb Clk ------ May 1808 State of North Carolina } Superior Cour of Law Wayne County } April term 1808 To John McKinne Esquire ordered that you appear at the Supreme Court to be held at the Court House in Wayensborough the first Monday after the fourth Monday of September next for the County aforesaid then and there to shew cause why proces shall not issue to admit Joseph Edwards to the office of Clerk of the County Court of Wayne and be put into possession of the Dockets, Books and other papers belonging to the said office. Witness Jesse Slocumb clerk of said Court at office the 4th May 1808. J Slocumb Clk ------ Oct 1808 State of North Carolina } Wayne County } Robert Collier maketh oath, That James Sasser Clerk of Wayne County Court died in the month of November last during the the sitting of the Gen'l Assembly, that an attempt was made during that session of the Assembly by the representatives from Wayne County, to have Joseph Edwards appointed Clerk of Wayne County Court protem by an act of the Legislature which attempt failed. That nine persons were added to the Commission & the Peace of Wayne County in the same session, on the nomination or recommendadtion of the said representatives although at that time there were twenty nine or twenty eight acting Justices in said County. That for some time previous, it was rumored that those of the Justices of Wayne who desired the election of Joseph Edwards to the office of Clerk of Wayne County Court, intended to meet at the Courthouse on the night preceeding the first day of February term for the purpose of opening Court before day light on Monday morning & at that time to appoint the said Joseph Edwards Clerk. That in consequences of such rumor and the credit attached to it by those of the Justices who were opposed to the election of Edwards justified by the extraordinary measures to elect Edwards already resented to it was resolved that the said Justices opposed to Edwards should meet in the vicinity of the Court house, the night of Sunday preceeding the Court, but is was agreed that the said Justices would not go into this Courthouse nor do any act toward appointing a Clerk unless the proceeding of the adverse Justices should under it necessary. With this intention, a number of Justices assembled on Sunday night in Wayensboro. About twelve o'clock at night, or very shortly after that hour, it was discovered that James Rhodes & a number of other persons, who were Justices of Wayne County, together with several of the persons recently commissioned as Justices, were proceeding with light to the Court house. This deponent with other Justices opposed to the election of Edwards went into the Courthouse soon after the first party, some remarks were made upon the extraordinary proceedings in attempting to open Court on Sunday night. The lights were by some person or persons struck out & the Courthouse soon evacuated after which a fire was kindeled near the Courthouse for the purpose of discovering when any persons should again enter. Zachaiah Hamm, Sheriff did not or would not come into Court & the Coroner was directed to open Court which was done in the usual form. It was then proposed no one dissenting that Robert Collier should officiate as Clerk protem, that said Collier agreed to act & then asked of the Court what business they would first proceed to & suggested the necessity of the appointment of Clerk. The Chairman of the Court JC Pinder put the question to the Court whether the appointment of Clerk should at that time be made & the votes were taken by calling over the names of all the magistrates & receiving their votes. Seventeen Justices voted for proceeding to the appointment of Clerk at that time. Some others expressed an opinion which deponent believes was not then to appoint a Clerk & some made no answer. The Chairman then declared that the majority of the Court had determined to appoint a Clerk at that time. Proclamation was made by the Coroner for all Justices desirous to vote on the election of Clerk to come into Court and for all persons candidates for office of Clerk to make themselves known. John Mckinne offered himself no other person offered, that Robert Collier as Clerk protem called over the names of the Justices of the County twenty eight or twenty nine and to each Justice present, the Chairman put the question for whom do you vote for Clerk. Fifteen Justices of whom the said Chairman was one voted for John Mckinne. Some others of the Justices answered to the Chairmans question I will vote when I am ready, others said I will not vote now when all the votes of them who did vote were taken and recorded by the Clerk Protem, the Chairman declared John Mckinne was duly elected Clerk, whereupon the said John Mckinne entered into Bonds to the satisfaction of the Court & took the oaths required by law. The bonds were delivered to the Chairman, a Committee of the Justices were appointed to deliver the Papers & Records of the office to the said John Mckinne deponent furthur says that after the Court had determined to proceed to the appointment of clerk and after the votes were several of the Justices were actually taken & recorded. William Exum, a Justice of the County, began in one of the jury boxes to administer the Oaths to some of the persons lately appointed Justices the Chairman declaring this an interruption of the business of the Court, commanded silence this order not inducing silence, the Chairman commanded the Sheriff to have silence preserved or take out of Court the persons who disturbed its proceedings. This order not being obeyed, Richard Mckinne, a Justice, went from the bench and took holt of Exum & the business of the Court proceeded to the result herein before stated. Deponent further states that Zadock Thompson in Court while the votes for Clerk were collecting by the Chairman requested to be quallified as a Justice to which the Chairman replied that he should be gratified so soon as the busniess then before the Court was dispersed of. Deponent did not hear a Commission from the Governor appointing Justices read that day in Court if it was read he surmises it was before day light or at a meeting of the Justices friends of Edwards subsequent to the election of Mckinne & to the adjournment of the Court by which Mckinne was elected. Deponent states that after the quallification of Mckinne and the appointment of a Committee to deliver him the papers the Court adjourned untill the next day. R Collier Sworn to in open Court 6th Oct 1808 E Slocumb John C Pinder, Richard McKinne, Sampson Lane, John Everitt, Web Hill George Bradbury severally make oath, That the facts stated in the foregoing affidavit of Robert Collier are true to their knowledge. JC Pinder Sworn to in open Court RM McKinne 6th Oct 1808 Sampson Lane E Slocomb John Everitt Web Hill Geo Bradbury ------ Oct 1808 State of North Carolina } Superior Court of Law Wayne County } October term 1808 Ordered on motion of Joseph Edwards by his attorney Edward Harris that the rule of last term That notice issue to John McKinne to shew cause why process should not issue to admit Joseph Edwards to the office of Clerk of County Court of Wayne and be put into the possession of the dockets books, and other papers belonging to the said office be enlarged and that notice issue to the Justices of the County Court of Wayne to Wit, John C Pinder, Barnabas McKinne, Richard McKinne, Robert Collier, Ezekiel Slocumb, Lawrence Wood, Daniel Kornegay, Bold Robin Hood, William Bizzell, Joseph B Boyet, Stephen Sasser, Richard Musgrave, George Bradbury, Stephen Cook, John Everitt, Benjamin Hatch, John Bledsoe, James Rhodes, Ephriam Daniel, John Minshew, Limon Barnes, Bryan Edmondson, William Smith, Uriah Bass, John Davis, William Exum, James Dean, Arthur Borden, Zadock Thompson, Thomas Parsons, Levi Lancaster, Isaac Handly, Isaac Dickerson, Jacob Fulghum and John B Parker, Esquires to shew cause, &C &C Copy from the Minutes E Slocumb Clk ------ Oct 1808 State of North Carolina } } Wayne County } John McKinnie, who is required by order of this Honorable Court to shew cause "why process shall not issue to admit Joseph Edwards to the Office of Clerk of the County Court of Wayne, and be put into possession of the dockets, books & other papers belonging to the said Office," Respectfully sheweth. First. That he is advised that as the authority to admit to the office of Clerk of the County Court of Wayne belongs not to the said John McKinne but to the Justices of said County Court, to whom any manditory process would be directed. That therefore notice to shew cause should have been directed to the said Justices. Second. That the County Court of Wayne is a Court of Records and that it is not within the Jurisdiction of this Court to issue to the said County Court any mandatory Process. Third. That is the said Joseph Edwards be entitled to exercise the duty of Clerk of the County Court of Wayne & to the possession of the records of said Court, a Writ of Mandamus is not the proper remedy to be admitted to the said Office & to the possession of said records, because the said Edwards has other remedy. Fourth. Next page over Fifth. That he the said John McKinne, is Clerk of the said County Court of Wayne, appointed by the votes of fifteen acting Justices of the Peace of said County, at the term of February 1808 of said Court, at a time when there were but Twenty nine acting Justices of the Peace in said County, qualified to vote at an election of Clerk - that he has been legally qualified by taking the oaths prescribed by law to be taken by Clerks of County & has given the necessary Bonds & by the said Court put into the possession of the Records of said Court - all which he can sufficiently establish if this Honorable Court think it proper to take further cognizence, or enter into further inquiry in this case. Fourth. That as it appears to the Court from the shewing of the applicants that the said John McKinne is Clerk de facto of the County Court of Wayne, by virtue of an election prior to that alleged to have been made of Joseph Edwards, this Court will not grant process to compel the admission of Joseph Edwards to the said office, until the validity of the prior election of the said John McKinnie has been tried in a proper manner. Jno McKinne The State at the instance of Joseph Edwards vs John McKinne Return of J McKinnie Filed October term 1808 ------ Mar 1809 State of North Carolina Wayne County, This day came William Exum before me and made oath that the night before Feby Court 1808 the Term at which a Clerk was to be appointed he went to Genl Rhodes' where he found several persons amongts whom were Several of the lately appointed Justices, while sitting up they rec'd information from Waynesboro that a number of Justices were at the Court House & intended to appoint John Mckinne Clerk soon after midnight upon hearing this it was resolved to go down to the Court House Soon after Midnight and Quallify the new commisn'd Justices that were present in order to present a posibility of their getting a majority of the Justices untill next day at the usual hour. The attempt therefore was made a few minutes after midnight but was presented by a number of Persons who Depon't thinks were collected for the purpose of carrying into effect any thing which they the Justices opposed to the Election of Joseph Edwards thought proper, this Depon't states that after they were prevented from Quallifying the new appointed Justices, Depon't with most, or all of the Justices opposed to the Election of Mckinne went to Genl Rhodes where most of them went to bed and did not return to the Court House until next day a little before 9 o'clock when he understood that the Justices Friends to Mckinne had been up all night and believe they had as there was a large fire near the Court House Door and a number of them very much intoxicated with spirituous Liquors. About 9 o'clock the Justices friendly to the Election of John Mckinne took possession of the bench, a coronor who was with them opened Court, immediately Depon't went into the Court House where it was urged by the Justices friendly of Edwards that the new commisn'd Justices should be Quallifyed, that being refused by some of the Justices opposed to Edwards, Several of the new Justices demanded the right of Quallification from the Chairman of the Court, that producing no effect, James Rhodes Esq the Governor's commission, and Depon't began the Quallification of the new Justices, Rich'd Mckinne Esq then on the bench, Swore by God that Should not be, and sprung from the bench, Snatches the book from Depon't, took him by the throat, and made several attempts to throw him out of the Jury box. This Depon't also states that no Vote was taken for Clerk when he began the Quallifications, nor was there any Votes recorded what the Court would do first, after this Depon't was prevented from Quallifying the Justices he stood near and noticed the proceedings when they, the Justices, friends to the Election of Mckinne proceeded to appoint him and is certain the chairman John Coor Pinder did not give a public Vote for Clerk that day, nor was his name called at this time the other Justices were, Depon't also states that there was 29 acting Justices in the county leaving the new ones acct of the Juristion and further states that if the Chairman Voted it was privately or after Mckinnie was delared Elected, if the Chairman did not Vote Mckinne got but 14 Votes which was not a Majority of the old Justices in the County, this Depon't also states that John Davis made some remarks at the extraordinary proceedings when Barna Mckinne said if he, Davis, said another word he would knock him off the bench, and further says that the Justices friends to Mckinne in the whole of their candidate appeared determined to Appoint Mckinne Clerk and not permit the new Justices to Quallify let the consequences be as it would. Near about 10 o'clock they adjourned Court soon afterwards about the usual hour that Court is opened on the first day, there appeared in court 19 or 20 Justices new ones included, when the Sheriff was directed to open Court, the new Justices were then Quallified in open court, the Court then proceeded unanimously to recind the proceeding of the Morning Court as riotous and illegal. After appointing Joseph Edwards Clerk protem proclamation was made for all candidates for the office of Clerk to come into Court, Joseph Edwards & John Thompson declared themselves, after the votes were collected there appeared for Thompson none, for Edwards 19 or so which was a majority of all the Justices in the County, Edwards was then declared Clerk who immediately Quallified and entered into bonds to the Satisfaction of the Court, the Court then adjourned. This Depon't further states that a demand was made by the Court about 20 Justices concuring of the papers and records of John Mckinne who had got possession of them who answered he would not give them up at the risk of his life and further Saith not. 31st March 1809 Wm Exum Isaac Dickinson & Simon Barnes maketh oath that the facts stated in the above affidavit of William Exum are true to the best of their knowledge. Sworn to before me the date above written J Handly ------ Mar 1809 State of North Carolina Wayne County This day came Col John Davis before me and made oath that the night before Feby Court 1808 the Term at which the Clerk was to be appointed there came to his House several persons who lived a considerable distance from the Court House and amongts whom were several Justices of the Peace that after they had all been to bed a considerable time there came to his House an express informing him that a number of Justices were at the Court House and that their intention was to appoint John McKinnie Clerk soon after midnight, on hearing this depont with the Justices at his house immediately started and got to the Court House a little before midnight depont also states that he nor the Justices at his house did not intend going to the Court House that night had they not rec'd the before mentioned expression. Depont further states when he arived at the Court House he found all or nearly all the Justices who wished Mckinnie to have the appointment of Clerk and on finding them there and hearing it was their intention to appoint Mckinnie Clerk soon after midnight it was resolved to go into the Court House and Quallify the new commissioners Justices that were present, the attempt was therefore made when a number of persons amongts whom the head came rushing into the Court House seized the Books, put out the candles and threatened us in a verry violent manner if the Court House was not immediately left the depont however staid some considerable time before he left the Court House, at length went with the Justices that were opposed to the Election of Mckinnie to Gen'l Rhodes where they remained all night and most of them to bed and to sleep and did not stay in Waynesboro as representatives. Depont further states that next morning he went down to the Court House and understood the Justices friends to Mckinnie had been up all night and believe they were as they had a large fire at the Court House Door and some of them appeared verry much intoxicated with spirituous liquors. Depont states about 9 o'clock the Justices in favour of Mckinnie took possession of the bench and a coroner who was with them oppened Court immediately this depont went into the Court House and was in there at the time it was oppened and remained there during the whole of the proceedings and endeavoured to notice particularty what was done. Depont states it was urged immediately after Court was oppened that the new commissioned Justices should be quallified that being refused several of the new Justices demanded their right of quallifications from the Chairman of the Court but being told to wait William Exum Esqr went into one of the Jury boxes and began the quallification, Richard Mckinnie Esqr then on the bench said that should not be Exum still proceeding Mckinnie sprung from the bench and swore by God that should not be done and seized Exum who was administering the oaths to the new commissioned Justices by the throat and made several attempts to throw him out of the Jury box Barna Mckinnie also seized the book from the Justices that were quallifying and made use of a number of threatning expressions. Depont then made some observations respecting their illegal and arbitrary measures they were pursuing when Barna Mckinnie said if he deponant said another word he would knock him of the bench the whole of their conduct appeared clearly that they the 15 Justices were determined to appoint John Mckinnie Clerk and prevent the new Justices from quallifying amongts all the bustle confusion and riot and proceedings they declared Mckinnie to be Clerk about 10 o'clock as a little past they adjourned Court soon afterwards about the usual hour that court meets on the first day there appeared in Court about twenty Justices new ones included when the Sheriff was directed to open Court the new commissioned Justices were then quallified in open Court agreeable to law, the Court then proceeded unanimously to recind all the proceedings of the morning Court as riotous and illegal, after appointing Joseph Edwards Clerk protem proclamation was made for all candidates to come into Court, Joseph Edwards and John Thompson were candidates, after the votes were collected there appeared on this pole for Thompson none, for Edwards twenty that being a majority of all the Justices in the county Edwards was declared Clerk who quallified immediately agreeable to law and gave Bonds to the satisfaction of the Court, then Court then adjourned. Deponant further states that about twenty Justices or near that concurring deponant was one that they demanded the papers and records of John Mckinnie who had got possession of them who said he would not give them up at the risk of his life upon whom Rich'd Mckinnie Esqr and a number of others came near the table and believes Mckinnie made use of a number of expressions tending to encourage his Brother not to give them up let the consequences be as it would. Depon't forgot to state that he heard Genl Rhodes read the Governors commission appointing the before mentioned Justices about the time Exum begun to quallify them and further this depon't saith not. 31st March 1809 John Davis Zadock Thompson, Bryan Edmunson & Levi Lancaster Esq'rs each and severally maketh oath the facts stated in the above affidavit of John Davis are true to their knowledge, Except that Lancaster did not see Mckinnie have hold of Exum's throat as he was behind them. Sworne to before me the date above written J Handly ------ Apr 1809 State of North Carolina Wayne County This day came James Rhodes before me & made oath that during the sitting of the Assembly of 1807 to which he was returned a member and while there is the discharge of his duty he rec'd a letter informing him of the death of James Sasser Clerk of the County Court of Wayne which death took place soon after a Court of sd County, this deponent believed & still believes it was necessary some person be appointed to discharge the duties of sd office till next Court, and thereby prevent the individual injury that otherwise would be sustained, this deponent on reflection could find no competant authority to make such appointment, but in the Legislature he therefore drew a short bill to appoint Joseph Edwards (who lived on the spot and was believed the most capable) to discharge the duties of that office, untill the first day of the next term, at which time his powers were to cease, while the bill was progressing to his astonishment a supposed reputation from a party remarkable for nothing more than their malicious hatred to this deponant came to Raleigh, this depon't was told by good authority brought a petition to convene the Justices of sd County at a certain day previous to the Court, and appoint a Clerk absolute, it was well understood this was intended to secure their man in his election as it was known some Justices were dead & some gone away and their places would be supplied that session and they had made a party at this depont believes in the House for this purpose, but the result was that by consent of this deponent the bill and petition were both killed at once. On the usual day for appointing Justices, the places or numbers as above were supplied by the recommendation of the members, many on the whole of them having been petitioned by their Neighbors, nor did it create any excess of Justices in said County from what had been many years ago appointed by the opposite party, when it is believed not more than 2/3 as many inhabitants were in the County as there are at present. This deponant further states the night before February Court the Term at which the Clerk was to be appointed there came to his house ten or twelve persons all of whom lived a considerable distance from the Court House, and among whom were four or five new commissioned Justices of the peace, while sitting up this depont rec'd information that the Justices in the opposition with the Coroner and many other persons were in Waynesboro and that their intention was to make a Clerk soon after midnight it was not recollected the new commissioners Justices were as much Justices then as they ever would be only that they dare not Act without paying a penalty, it was resolved therefore at midnight to go down to the Court House and quallify the new Justices who were present and come home as that would prevent a possibility of their gitting a majority on the bench untill the next day at the usual hour accordingly within a few minutes of midnight this depont with said Justices went to town and then into the Court House & began the quallification, when there came runing apparently about forty persons, many of whom appeared intoxicated with spirituous liquors, at the head of whom appeared most of the Justices in the opposition the put out the candles and swore they would crush our little companies bones if we did not surrender or leave the Court House, this deponent believes it was Barna Mckinnie and Ric'd Mckinnie Esqrs who put out the candles, and knows it was Rich'd Mckinnie who threatened them so violently they also snatched the book from the Justices who were quallifying. This deponant believing that all the purposes which could have been answered by a quallification of the new Justices were now answered by the riot, patiently with his little company withdrew, and immediately went up home, and most of them to bed and did not return to the Court House untill next day about 9 o'clock but did not stay on the ground as represented, this deponent forgot to state that there were several other Justices arived a little after midnight who had been sent for by express, not knowing to what lengths the fumes of spirituous liquors and loss of sleep might carry the opposite party. This deponant further believes the rumour of our intention to appoint Edwards Clerk soon after midnight originated in suspicion among themselves. As soon as we went to town the Justices in favour of Mckinnie went into the Court House and took possession of the bench, this deponent desirous to see what they would do went in and slipt into a Jury Box, William Exum Esq into another, when several of the new Justices appeared. Such confusion this deponent saw before in a court nor such noise, to the best of his knowledge he this deponent in the time of the noise and disputation read the Governors Commission of the new Justices, and handed it to some person to hand to Exum, who therefore began their quallification at the same time Mr Collier asked if they appointed him Clerk protem upon repeating it the Chairman aswered yes, yes, he then asked what business they would proceed on next, and not being answered, he said he supposed they would proceed to the appointment of the Clerk on repeating it the Chairman who was all the while much engaged in loud talk, answered yes, yes during these transactions which happened all nearly at the verry same instant of time, Rich'd Mckinnie Esq (then on the bench) call'd to Exum and told him that should not be and repeated it, Exum however continued the quallification when Mckinnie swore by God that should not be, come off the bench, seized Exum and this deponent believes as soon as he snatched the book from him or caused Exum to drop it attempted by one if not two exertions to throw him out of the Jury Box but failed, and that the book was also taken from the Justices who were quallifying, as the depont believes, but this depont does not know or recollect by whom immediately Zadock Thompson demanded his right of qualification and was told to wait, upon this the depont asked when the riots would cease that the Court might proceed regular to business for while the riots continued he did not consider himself a member of the Court nor would he have any hand in its proceedings, the Court then took the vote and finished the poll for Clerk when curiousity led depont to stand in the box and observe the poll on it there appeared thirteen when Mr Collier added himself and made fourteen upon this Mckinnie was declared elected. Next day depont told Collier he failed of a majority at last leaving the new Justices out of the question there being 29 acting and he got but 14 depont believes the Chairman name was added & afterwards, as soon as they had finished their business in this riotous manner they had the Court adjourned about 10 o'clock or a little past as well as the depont can tell, soon after there appeared in the Court House 19 or 20 Justices new ones included who were quallified in open Court, the Court proceeded unanimously to recind the proceedings of the morning court as riottous & illegal after appointing Doctor Joseph Edwards Clerk protem. Proclamation then being made agreeable to custom John Thompson & Joseph Edwards were candidates, upon the poll there appeared for Thompson none, for Doctor Edwards 19 or 20, which was a Majority of all the Justices in the County, who immediately quallified and gave papers of Mckinnie who said he would not give them up at the risk of his life upon which Rich'd Mckinnie got on the table as well as this depont recollects and made observations tending to encourage his Brother at all hazzards not to give them up this depont took notice of a party who drew up of those men who from their actions he is obliged to believe were kept for the purpose of a fray or riot, if anything was attempted against Mckinnie which was not satisfactory to him or them. This depont declares he was sober & had slept and that he endeavoured to notice the proceedings particularly knowing the consequences that would insue, that he does not remember of the votes being taken whether they would appoint a Clerk next, otherwise then stated above, depont is verry confident Exum began the quallification of the Justices before a vote was recorded for Clerk. Depont does not remember to have heard the Sheriff order to take Exum out of Court, nor does he believe such a thing took place, more particularly as they seemed to place their entire confidence in the Coroner Sworn to before me this 3d April 1809 J Rhodes John Davis ------ Apr 1809 State of North Carolina Wayne County This day Joseph B Boyt esquire came before me and made oath that at the Court John McKinne was appointed Clerk of the County Court of Wayne, he never got into the Court House until after the fray began between William Exum & Rich'd McKiney esquire and that it was just ended as he got on the bench and further this deponant saith not 5th April 1809 Jos B Boyte RHODES JP ------ Oct 1809 State of North Carolina } Jesse Bizzell maketh oath that they did not Wayne County } meet at the Court House on the night of Sunday preceeding the Third Monday of February 1808 with any expectation or intention of opening Court before the usual hour of Monday but Solely to watch and counteract any improper or Secret designs of Certain Justices who they believed intended to appoint Jos Edwards Clerk of Wayne County Court and further the deponent sayeth that James Rhodes did not read the Commission from the Governors appointing the new Justices in the Court House at any time previous to John McKinnes being declared elected, deponent further states that the Chairman JC Pinder Sheriff did not obey and further that the Chairman called for the Coroner your deponent to open Court which your deponent obeyed agreeable to order of the Court and opened the Court and further Saith not 2nd day of October 1809 Jesse Bizzell Sworn to before me the 2nd day of October 1809 E Slocumb JP ------ Jul 1816 State of North Carolina } Raleigh } Supreme Court July Term AD 1816 Joseph Edwards } } vs } } John McKinnie } Wayne It is ordered by the Supreme Court that this case be dismissed - let it be done accordingly Certified by WM Robards CSC __________________________________________________________________________ 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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