Abstracted from Microfilm # C.107.30001 Yancey County Minute Docket Court of Pleas and Quarter Sessions June Session 1835 ************************************************************************ File contributed for use in the USGenWeb Archives by Sandra Allen Fender ************************************************************************ USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. Return to the NCGenWeb Archives Table of Contents http://www.usgwarchives.net/nc/ncfiles.htm#NC ************************************************************************** (note: Some pages of this microfilm are almost unreadable. I have copied all the names and details that I could read. I have omitted much of the flowery language. Some of the handwriting is very hard to read, especially initials. I had a very hard time distinguishing between m/w t/l, etc. If you are in doubt about an entry, please try to check the original) Sandra Allen Fender fender@hci.net State of North Carolina Yancey County June the 29th AD 1835 Present and Presiding: John Hensley, William Dixon, Willie C. Bailey, Jonathan Wright Ordered that the Sheriff Thomas Wilson call court, which he did. Jurors to serve at this term: 1. William McKinney 2. Lazarous Phillips 3. David Garland 4. Joseph L. Ray 5.---- ---- 6. William Shelton 7. George Young 8. Stephen Pitman 9. Tilman Blalock 10. Abner Holcome 11. Lodawick Oakes 12. Jesse young 13. Willi-- Arrowood 14. Jonathan Deyton 15. Thomas Burleson 16. David Vance 17. James Ray 18. John Blalock 19. William Phillips 20. Jacob Carpenter 21. William ------- 22. Thomas ------ 23. William ------ 24. Bedford Wiseman 25. John ----- 26. ------- ------ 27. George Byrd 18. Samuel Wilson 29. Thomas Young 30. Eligah Green 31. Thomas Gardner (excused) 32. James Wilson 33. David Prophett 34. Elephalet Jervis 35. Henry Hensley 36. Edward Bailey Charles McKiney Out of the above the following were chosen to serve as Grand Jurors: 1. Jesse Young 2. David Vance 3. James Wilson 4. William ----- 5. Thomas Briggs (excused) 6. ------- (excused ) 5. Abner Holcome 6. David Proffitt 7. ---------- 8.-------- 9. Elazarous Phillips 10. George Byrd 11. William Banderson? (excused) 11. Thomas Burleson 12. Samuel Wilson 13. Charles McKiney 14. Thomas Young 15. David Garland 16. George Young 17. Lodawick Oakes 18. William Phillips David Proffitt foreman. Soloman H. Right Constable sworn to attend Grand Jury. The Traverse Jury called: 1. Willie Arrowood 2. John Blalock 3. Jacob Carpenter 4. Bedford Wiseman 5. Alexander Wiseman 6.--------- The rest of the jurors excused. Ordered by court that William Houston, administer the estate of Joseph Houston. He gave bond with Tilman Blalock and Jacob Carpenter security. John Roberts vs Joseph Hagan Ordered by court that letters of administration on the estate of Strawbridge Young, deceased be granted to John P. Young, who duly qualified by entering into bond in the sum of 500.00 with Thomas ----- & Thomas Wilson securities and taking the oath prescribed by law. Ordered that said administrator sell the personal estate of his interstate. Thomas -----, John Hopper, Willis McKiney, William Buchanan and Joseph L. Ray, who were appointed and commissioned by the last Legislature, Justices, appeared in court and took the necessary oaths. A majority of the Justices being present, the court proceeded to the election of a select court for said county. And upon balloting there was found to be for William Dixon, 20 votes, for Willie C. Bailey, 16 votes and for John Hensley 12 votes. These being the three biggest ----- it was therefore considered they were the three justices elected to hold the select court for ---- ----. Ordered by court that the justices elected to hold the select court be allowed the sum of one dollar per day for each day they set on the bench during the ----------. Upon the examination of John Bennet under oath, it appears to the court that he is past the age of 45 years and that he stands charged with a poll tax. It is therefore ordered that he be discharged from the payment thereof. Ordered that elections be moved from Thos. Youngs to James Howells and that the election moves from Rices on Laurel to James Tweeds and that there be and election hereafter at Silas Gilaspies on Bull Creek. It appears to the court that James Buchanan is duly elected Constable for Cain Creek Company. He took oath and entered into bond in the sum of 4000.00 with Thomas Baker, Aaron Burleson and D. ?. Baker, sureties. Ordered by court that letters of Administration be issued to Elisha Garland on the Estate of Soloman Garland deceased. he entered into bond in the sum of 200.00 with Thomas Baker. (entry unreadable) Ordered by court that Thomas Sawyer a minor of Hugh Sawyer be bound to Daniel Carter until he arrives at age 21, who was five years of age this fifth day of May last. And said Carpenter is to give him 2 years schooling. One year of which is to be between this and the time he arrives to the age of 15 years and the other year between that and the time he arrives at his freedom. The said Carter is to give his apprentice a horse, bridle & saddle worth 80.00, 3 suits of good clothes, one of which is good broadcloth. He is to teach said apprentice the art of farming. Jonathan Wallis vs ?. ?. McLeur Ordered that Letters of Administration issue to Joseph Rice, who has given bond with Thomas A. Deavers security as Administrator of Estate of William Rice, deceased. He is to proceed to sell the Estate of his interstate according to law. Tuesday June 30th 1835 Present & Presiding: John Hensley, William -----, Willie C. Bailey State vs Reubin Keith James Greenlee vs Jacob Phips Jury Sworn 1. ------ Arrowood 2. John Blalock 3. Jacob Carpenter 4. Bedford Wiseman 5. Alexander Wiseman 6. William A. Hensley 7. Henry Grindstaff 8. Greenberry Silvers 9. James Herell 10. David Robeson 11. Nathan Anderson 12. William Wilson Asa Brigman? vs William ----- Robert J. Hensley vs Spencer Rice Jury Sworn 1. John Blalock 2. Jacob Carpenter 3. Bedford Wiseman 4. Alexander Wiseman 5. ----- Wilson 6. ---? 7. James Herrel 8. Henry Grindstaff 9. ----? 10. David Robeson 11. Nathan Anderson 12. William Wilson John Anderson vs Resi Jervis Malcome McCurrey vs S. D. Poor Geo ------ to use of ?. L. Ray vs John Deyton (entry unreadable) Ephraim Piercy vs William Lewis Land Levy State vs ------- Tipton State vs John Whitson State vs David Okes and William Okes (several entries unreadable) Ordered by court that David D. Baker be allowed the sum of eighteen dollars for services by him ------ as a - ----- appointed to lay off a road from Morganton to Burnsville. June Session 1835 (date at top of page unreadable) Justices Present and Presiding John Hensley, Chairman, William Dixon , Willie C. Bailey The following called to the Jury Box, viz: 1. Willi-- Arrowood 2. John Blalock 3. Jacob Carpenter 4. Bedford Wiseman 5. Alexander Wiseman 6. Elijah Deyton 7. John Woody 8. Archibald McMahan 9. Moses Evins 10. Jesse Read 11. Ahigah Wilson 12. Thomas Wilson State vs Reubin Keith State vs Thomas Ray Defendant submitted, paid one dollar and cost. Ordered by court that a writ issue to the sheriff to summons a jury to inquire into the state of mind of Jonathan McPeters and that they report to this term Jury Summonsed to set on the above case report that said McPeters mind is so ------ that he is not capable of transacting his own business. William Carson was appointed guardian for said McPeters and entered into bond for same. James Greenlee vs Joseph Letterman and Jacob ------ Jury called 1. William Arrowood 2. John Blalock 3. Jacob Carpenter 4. Bedford Wiseman 5. Alexander Wiseman 6. Eligah Deyton 7. John Woody 8. Archibald McMahan 9. Moses Evins 10. Jesse Read 11. Ahigah Wilson 12. Thomas Wilson. Jury finds in favor of Defendant. Jacob Honeycutt vs Joseph Bradburn Jury Sworn 1. Frederick Ledford 2. John Edwards 3. Dobson Deyton 4. Frederick Ledford (name is listed twice) 5. Stephen McMahan 6. James Evins 7. Charles Hensley 8. Gutradge Garland 9. Archibald Bennet 10. Gutradge Garland (name is listed twice) 11. James Powell 12. Right Hutchins Jury finds in favor of Plaintiff, damages at 25.50. Ordered that commissioners appointed to lay off and sell the town lots be allowed 2.00 per day. Ordered that Lewis Cook be appointed overseer of the road from the foard of North Toe River near Thomas Wilsons to Joshua McHones. State vs J. W. Garland Bastardy Order that the defendant enter into bond and that he pay Jane Phipps the sum of 20.00 on or before the next Oct. Court and for the next two years. He entered into bond with William Edwards security. David Arrowood vs Resi Jervis Jury Sworn 1. Jacob Carpenter 2. Bedford Wiseman 3. Alexander Wiseman 4. Thomas Wilson 5. John Edwards 6. Dobson Deyton 7. Stephen McMahan 8. John Woody 9. Eligah Deyton 10. Jesse Read 11. Wright Hutchins 12. Gutradge Garland Jury finds in favor of Plaintiff. damages 24.86. Appeal to the next Superior Court, Security, Abner Holcome and Robert P Tredway Ely Webb vs Gray Briggs Plaintiff nonsuited Josiah Wiseman vs Sally Deyton Jury Sworn 1. Will-- Arrowood 2. John Blalock 3. Jacob Carpenter 4. Archibald McMahan 5. Moses Evins 6. Jesse Read 7. Frederick Ledford 8. Gutradge Garland 9. Wesley Young 10. William Lewis 11. Robert Chambers 12. David Robeson Jury finds in favor of Plaintiff, award 20.00 June Session Thursday July 2, 1835 Present and Presiding : John Hensley, William Dixon and Willie C. Bailey Joseph Neal vs Wesley Young Jury Sworn 1. William Arrowood 2. John Blalock 3. Jacob Carpenter 4. Bedford Wiseman 5. Alexander Wiseman 6. William Houston 7. Andrew Banks 8. Jacob Honeycutt 9. John Ledford 10. John Edwards 11. Stephen Edwards 12. Thomas Ray. Jury finds in favor of Plaintiff, Damages of 25. 92 Josiah Wiseman vs Sally Deyton Ordered by court that the plaintiff pay all his own witnesses except Alexander Wiseman, David D. Baker, A. Hill, Charles Ingrum, Bedford Wiseman and Alfred Hampton. State vs James Taylor Bastardy Issue: To know whether he be the father of Elizabeth Wiseman's child or not. Jury Sworn 1. Archibald McMahan 2. Richard Bennet 3. Joel B. Jervis 4. George Roberts 5. Jacob Tipton 6. Willie Tipton 7. Samuel Austin 8. Joseph Tucker 9. Stephen Garland 10. Joseph Read 11. Elisha Honeycutt 12. Hiram Ray. Who find the defendant to be the father of Elizabeth Wiseman's child. A bond from J. G. Blount to John B---ker for title to 200 acres of land bearing date Sept. 20, 1831 was duly proved in open court by the oath of William J. Lewis who proved the handwriting of James R. Love. A title bond executed by James R Love as agent of John Gray Blount in the sum of 150.00 to David Whitson for deeds to 150 acres and 2 forty acre tracts dated Sept 20, 1831 was proved in open court by oath of William J. Lewis. Ordered that Samuel Fleming be permitted to retail Spirituous Liquors at his store in Burnsville for one year. State vs E. H. McCluer AB defendant submitted, fine five dollars State vs S. L. Ray AB Jury Sworn 1. William Arrowood 2. John Blalock 3. Jacob Carpenter 4. Bedford Wiseman 5. Alexander Wiseman 6. William Houston 7. Andrew Banks 8. John Ledford 9. John Edwards 10. Stephen Edwards 11. Phagan Young 12. Nathan Horton. Who find the defendant guilty in manner and form as charged State vs James Taylor Bastardy Court orders that defendant must pay Elizabeth Wiseman 20.00 at this term and 20.00 in 1836 and 20.00 in 1837 and that he give bond to keep the child from becoming a county charge. State vs Jackson Tipton AB Pleads not guilty Jury Sworn 1. S----- Austin 2. Hiram Ray 3. Arch McMahan 4. Richard Bennet 5. Joel B. Jervis 6. Elisha Honeycutt 7. Stephen Garland 8. Joseph Tucker 9. Jas. Randolph 10. John Deyton 11. Henry Rowlin 12. Joseph Reed Who find the defendant guilty in manner and form as charged State vs Andrew Banks AB pleads not guilty Jury Sworn 1. Willie Arrowood 2. John Blalock 3. Jacob Carpenter 4. Bedford Wiseman 5. Alexander Wiseman 6. William Houston 7. Joseph Ray 8. John Ledford 9. John Edwards 10. Stephen Edwards 11. Phagan Young 12. Nathan Horton Who find the defendant not guilty as charged. State vs William Okes AB Pleads not guilty Jury Sworn 1. Greenberry Silvers 2. Thos Ray 3. A. L. Ray 4. Gray Briggs 5. George Edwards 6. John Ledford 7. Gutradge Garland 8. Moses Honeycutt 9. Moses Evins 10. William Tipton 11. Stephen Parker 12. William A. Hensley Who find the defendant not guilty. State vs Nathaniel K------- AB defendant submits, fine fifty cents State vs Lewis Edwards George Edwards bond for appearance at next court State vs David Okes Recognized to keep the peace. Bedford Wiseman Security Ordered that the Sheriff of Burke County pay over all the taxes collected in Yancey County for the year 1833 July 3, 1835 Present and Presiding: John Hensley, William Dixon, W. C. Bailey Ordered that Wesley Young be appointed overseer of that part of the road from the gap of the Brushy Creek Mountain ---- on to the ----- of Toe River----- (unreadable) Ordered by court that James M. H-----? be bound to James Ray until he is 21 years of age. James Ray is to give him one horse, bridle and saddle worth 60.00, three suits of good decent clothing and to give him 12 months schooling. He is now about 15 years of age. (several entries unreadable. Some deal with the estate of S. Young) Court proceeds to draw a Jury to serve at the next Superior court 1. Swinfield Stanley 2. Absalom Hill 3. Isaac C. Wilson 4. Right Hutchins 5. Samuel Austin 6. Charles Byrd 7. James Metcalf 8. Isaac Rice 9. James Howell 10. Thos Baker 11. James Tweed 12 Henry Adkins 13. ---- Buchanan 14. ------- Wilson jr 15. Adam Hoppis 16. --------- 17. J. G. Phillips 18. Charles Hill 19. William Franklin 20. Joseph Pyet 21. Thos S. Vance 22. Reubin Bowman 23. Thos Briggs 24. William Deyton 25. Phagan Young 26. J. G. Wise 27. Soloman Rite sen. 28. Silas Stevens 29. Thomas Howell 30. Jonathan Tipton 31. Willliam Hughes 32. Robert Read 33. Turner C. Prophett 34. William Proffitt 35. leroy Chandler 36. Thos Ray.