AUGUSTA COUNTY COURT RECORDS. ORDER BOOK No. XVIII. JANUARY 21, 1788. (1) Commission for priv. examination of Susanna, wife of Andrew Kinneer. Deed to John Brown. (1) Inquisition on body of Garet Phelan recorded. 218 Page (2) Alexander Gibson, Jr., appointed guardian of Daniel Gibson, orphan of Daniel Gibson. (2) Will of John Christian presented and ordered that witnesses be summoned to prove it. (4) Andrew Foster allowed account for receiving public hemp. MARCH 18, 1783. (5) Called Court on Philip, a negro slave of Henry Garrett, and formerly property of Major Thomas Johnston, of Louisa County, charged with murdering Alexander Hunter, of Augusta County, and wounding the wife of Samuel Henry.--Guilty and to be hanged on 16th April next at 10 o'clock a. m. His value is fixed at &#A3;65. (7) Inquisition on body of John Mitchell recorded. (7) Ann and Esther Coleman to be bound to Ralph Laverty. (7) Margaret Edmunds (formerly ordered to be bound to John Dalhouse) to be bound out. (8) Joseph Gwinn qualified Lieutenant. (9) Commission for priv. examination of Margaret, wife of John Brown. Deed to George Gall. (9) Robert Anderson qualified Captain, vice John McKittrick, resigned. (9) On motion of George Moffett, Colonel of County, judgment granted versus following Collectors of Districts: John McKemy, Richard Madison, George Sholtz, Seth Rodgers and Richard Buchanon. (9) Andrew Lewell, orphan of Andrew Lewell, to be bound to William Gibson. (9) Robert Curry appointed road overseer from Skidmore's Camp up the North River to the first main Fork above the Great Lick. (10) George Buffenberry, from said Fork to the South Fork of South Branch of Potomac. MARCH 20, 1783. (22) Francis Riffle's death abates suit. John Mitchell's death abates suit. (36) Robert Estrop appointed Constable. (36) "Attorney for the Commonwealth" first mentioned. (40) Tithables to be taken as follows, viz: By James Trotter, in Capts. Tate's and Trotter's Companies; Wm. McPheeters, in Capts. McCutcheon's and Bell's Companies; James Trimble, in Capts. McKittricks's and Dickey's Companies; Alexr. Robertson, in Capts. Givens's and Rankin's Companies; John Poage, in Capts. Campbell's and Anderson's Companies; David Henderson, in Capt. Long's Company; James Steel, in Capts. M. Smith's and Finley's Companies; Thos. Hughes, in Capts. Buchanan's and Smith's Companies; John McCreery, in Capts. Bratton's and Brown's Companies; John Kinkead, in Capts. Hicklin's and Hole's Companies; George Poage, in Capts. Poage's and Hamilton's Companies. (41) Census to be taken by above, distinguishing blacks from whites. (41) Alexr. Buchanan and Wm. Allen (Middle River) appointed Commissioners of Specific Tax in First Battalion. John Peoples, same, in Second Battalion. 229 APRIL 7, 1783. Page (41) Called Court on Hannah Holland for larceny.--Guilty and 39 lashes. APRIL 15, 1783. (43) Commission to take deposition of James Hall, who is about to remove to Ireland. (43) Admn. c. t. a. of estate of John Russell granted Andw. Russell. (44) Admn. of estate of Jonathan Dunbarr granted Valentine Cloninger. (44) David Trotter, vice Joseph Blair, resigned--recommended Lieut. (44) Admn. of estate of James Potter granted Wm. Steele. Dedimus ordered to take depositions of Jacob van Lear and Israel Christian, witnesses to will of John Christian, who are too aged and infirm to attend Court. (45) William Wilson, vice Patrick Buchanan, rcsigned--recomd. Captain. (45) Edward Hart McDonough to be bound to John McDonough. (45) It appears to the Court that James Cunningham and John McKemey are unable to support themselves through inability occasioned by wounds received in the service--ordered to be certified to the Assembly. MAY 20, 1783. (50) John Christian's will produced with the dedimus and deposition of one the witnesses, another being dead and the third not appearing--the will being made twenty-five years ago and the testator having had five children since--not allowed to be recorded--the widow refuses to administer and administration granted to Gilbert Christian, son of deceased. (51) William McClung granted certificate to be examined for license to practice law. (51) Robert Nolly, an orphan, to be bound. (51) Elizabeth Flowers, an orphan, to be bound. (51) John Yeager, a soldier in the 7th Virginia Regiment, who lost his arm at the Battle of Stillwater, allowed a pension. (51) William Francis, a soldier in the 16th Regiment, Virginia, disabled in the service, recommended for further pension. (51) Admn. of estate of Ambrose Powell granted. (51) John Dickenson recommended for further pension. (52) Pension of Joseph Mays, wounded at Pornt Pleasant, 1774, to be continued. (53) Benj. Blackburn proved that he was disabled in the service at the Battle of Point Pleasant by losing the use of two of the fingers of his left hand. MAY 21, 1782. (54) Samuel Henderson and Alexander Barnett, who married two of the daughters of William Long, Sr., deceased, petition that the testator left 400 acres of land to be divided between their wives, and William Long, grandson of deceased, pray that a guardian be appointed for said William Long, an infant, and persons be appointed to make the division.--Samuel Long, uncle of said William, is appointed guardian and Commissioners appointed to make division. 230 Page (55) William Rodgers exempted from payment of poll tax. (58) Mathew Smith qualified Captain. (59) Sarah Buchanan, wife of James Buchanan, a soldier killed in the service, allowed 15 lbs. bacon and 10 bushels wheat for herself and two children. MAY 22, 1782. (71) Dedimus to take deposition of James Graham, about to remove to Kentucky. (71) Joseph Bell and John Wilson took oath of equalizers of land in the County. (72) John Brown allowed claim for attendance in Staunton as Deputy Quartermaster for examining and taking in claims, 17 days. (72) Thomas Rhoades allowed claim for keeping soldiers (Continental) in jail. JUNE 6, 1782. (73) Called Court on Henry Pousman for larceny--discharged. JUNE 12, 1782. (73) Called Court on Samuel Reeves for counterfeiting--discharged. JUNE 17, 1782. (75) Thomas Poage proves that he obtained pre-emption warrant for 1,000 acres to be located in Kentucky, which warrant he delivered to Claugh Overton, and he is convinced that Claugh Overton has been killed by the Indians and warrant lost--ordered to be certified. (75) Wm. Wilson as Captain, and David Trotter as Lieutenant--qualified. (77) Tithables ordered to be taken as before. JULY 10, 1782. (78) Called Court on Daniel Joseph and David Garwin, charged with passing one-half Joe--Court appoints James Buchanan, Clerk, in absence of Clerk.--Discharged. JULY 15, 1782. (78) James Kenny, oldest brother of Joseph Kenny, who died in Continental Service, has it certified in order to obtain land. (79) Peter Wilson exempted from levies. (79) Admn. of estate of Joseph Kenny granted heir-at-law, James Kenny. AUGUST 19, 1782. (80) Admn. of estate of Robert Gibson granted widow, Mary. (80) Sarah Cunningham, orphan of Charles Cunningham, to be bound to Charles Berry--and Ruth Cunningham to James Harris. 231 Page (81) Certified to the Auditors that John Mitchell, deceased, was killed at Ninety Six, and William Mitchell is his heir-at-law. (81) John Hatfield chose John Campbell guardian. (82) Mathew Latimore's will proved and the executors named being dead, administration granted to Sarah Tate and John Tate, and it is certified that Mathew was a soldier of the Virginia line and killed in the service, in order that the administrators may obtain the land due and willed to James Tate, deceased. (84) David Buchanon recommended Ensign in Captain McCutcheon's Company. AUGUST 20, 1783. (85) Philip North, orphan of Roger North, chose Sampson Mathews his guardian. (88) John Kirk, vice Robert Anderson, resigned, is appointed Captain, and David Finley, vice John Young, and William Edmonston, Ensigns. AUGUST 21, 1783. (90) Thomas Hughes, issuing Commissary at Staunton, having returned in his account, "a scale man," it is certified that the scale man is Peter Hane. AUGUST 22, 1783. (99) William Hamilton, returned no inhabitant. (113) Nancy Reily, orphan of John Reily, to be bound to John Stuart. (113) Dedimus to take deposition of Robert Palmer, who is about to remove to North Carolina. (113) Ordinary rates fixed. (113) Court of Claims proclaimed for September Court. (114) On page 113 (22d August, 1783,) Court was adjourned until tomorrow morning. On page 114 there is no heading--no date given. (114) James McGonegal and Margaret, his wife, late Margaret Fleming, admx. of William Fleming, vs. Griffith Evans.---Petition--judgment. (117) Isaac Carson's will proved--executors refuse to execute the trust and Rebecca, the widow, qualified administratrix, c. t. a. SEPTEMBER 16, 1783. (124) Dedimus for deposition of W. Cunninghan,, who is about to remove to Kentucky. (128) Dedimus for deposition of Samuel Bell, who is about to remove to Kentucky. (128) David Findley recommended and qualified Lieutenant in Captain Kirk's Company. (129) Elizabeth Thorpe, wife of James Thorpe, a soldier in the Continental Army, allowed provisions. (129) David Buchan recommended and qualified Ensign in Captain Mucheon's (McCutcheon's?) Company. (129) Walter Cook, an orphan child, to be bound to John Gregory for 8 years, to learn art and mystery of a tailor. 232 Page (130) John Steel, Lieutenant of the 1st Virginia Regiment, made oath that Robert Bower, a soldier in the Continental Army, died in Charlestown in August, 1780, and it is certified that Euphemia Mitchell, wife of James Mitchell, and Elizabeth Barnes, wife of George Barnes, are the only heirs. SEPTEMBER 17, 1783. (130) John Lewis and Wm. Banks granted license to keep ordinary at Warm Springs. OCTOBER 21, 1783. (131) Mary Jasper, wife of John Jasper, relinquished dower in 256 acres conveyed by John to Manoah Singleton. (132) James Moore, son of Moses Moore, exempted from County levies, being unable to support himself by labor. (132) James Cunningham ordered to be continued as a pensioner. (133) Waiter Cook, orphan of William Cook, deceased, to be bound to John Gregory, he being now 10 years and 5 months, until he is 19 years old. (133) Mary Price, widow oi John Price, a Continental soldier, proved that John departed this life June 9, 1782; it is further certified that he was enlisted September 30, 1780, and that Isaac Price is the eldest son and heir-at-law of John. OCTOBER 22, 1783. (135) Samuel Swearingham--witness from Maryland. NOVEMBER 18, 1783. (137) County levy. (141) William Bowyer being commissioned Sheriff--informs the Court that he cannot find security. (141) William Crawford is appointed guardian to Thomas Sawyers, orphan of James Sawyers. (141) William Patterson, a dumb man, is exempted from payment of the County levy. (141) William Ramsey is appointed guardian to John Ramsey, orphan of James Ramsey. (147) William Tate, Justice, has removed. (148) George Moffett recommended as Lieutenant of Augusta County, vice Sampson Mathews, removed. William Bowyer recommended as Colonel, vice George Moffet. Alexr. Robertson recommended as Lieutenant Colonel, vice Wm. Bowyer. Thomas Smith recommended as Major, vice Alexr. Robertson. Richard Madison recommended as Captain, vice Thomas Smith. Joshua Perry recommended as Lieutenant, vice Richard Madison. NOVEMBER 20, 1783. (152) John Madison, admr. of John Frogg, returned no inhabitant. (163) Edward Erwin and John Dixon returned no inhabitant. (166) William Young appointed guardian ad litem of Abraham Carson, son and heir-at-law of Isaac Carson. 233 DECEMBER 16, 1783. Page (167) John Steel is appointed guardian of Isaac Price. orphan of John Price. (167) Admn. of estate of George Searight granted Jane, the widow. (169) James Shields recommended Captain, vice William Tate, removed. 170, qualified. (169) William Bowyer gualified Sheriff. (170) James Curry is appointed to examine John Poage, Jr., as a surveyor and make report tomorrow. DECEMBER 17, 1783. (171) County levy, 2/6. (171) Charles Cameron appointed inspector of hemp, deer skins, &c., &c., at Staunton. (171) Sheriff ordered to employ some persons to glaze the Court House windows, mend the doors, windows, shutters, and mend the holes in the weather boarding. FEBRUARY 17, 1784. (172) Admn of estate of Edward Ladd granted Edward Barker. (172) Sheriff ordered to apply to Hannah Sawyers, widow of James Sawyers, deceased, for sundry articles taken from Benjamin Crow and Patrick Ferren. MARCH 16, 1784. (173) Admn. of estate of James Hook, deceased, granted George Hook, William Hook, the eldest brother having relinquished his right. (174) Sarah Welch, widow of John Welch, deceased, proved that John, her late husband, had obtained a certificate under the proclamation of Governor Dinwiddie for 200 acres for services as a Sergeant in the Virginia Regiment commanded by William Byrd, which is since mislaid, and it is certified that Sarah is the only relation and heir of said John in these United States. (175) Charles Cameron qualified Justice. (175) Alexander Martin, wounded at Guilford, is allowed as a pensioner. MARCH 17, 1784. (177) Richard Madison makes oath that he had obtained a warrant from the Register's office for 1,875 acres, which he delivered to William Madison. now deceased, and it is lost--ordered certified. (180) James McClure vs. John Frazure.--John McClure, son of Hugh McClure, security for costs. MARCH 19, 1784. (191) William Shanks, no inhabitant. (196) William McDowell, no inhabitant. (198) Owen Owens, returned no inhabitant. (204) Mary Simms to be bound to Andrew Thompson. 234 MARCH 20, 1784. Page (205) John Bosler and Wm. Murphy returned no inhabitants. (212) Henry King to be aummoned to show cause why alimony shall not be decreed to his wife Susanna pending suit for divorce. APRIL 20, 1784 (217) William McDowell granted certifrcate of good character for obtaining license to practice law. (217) Farrow vs Alexr. Searight } Dedimus to take depositions of James Woods, Isaac Shields, Richard Woods, Gilbert Searight, William Searight, William Stuart, William and John Moore, residents of Pennsylvania. MAY 18, 1784. (220) James Shekelford indicted for swearing. (220) Nimrod Crane, aged 6, to be bound to James McGonegal; Mary Crane, aged 10, to be bound to Wm. Anderson; Kezia Crane, aged 9, to be bound to George Anderson. (222) Thomas Smith qualified Major. Alexander Anderson qualified Ensign. (223) John O'Neal, a Continental soldier, entered pensioner. (223) Leonard Foolwiller swears he has lost a certificate granted him by Patrick Buchanan for service in the Militia at the time of the battle in Cowpens. (223) Anthony Mustoe, Captain of the Patrollers in Captain Thomas Smith's Company, made several returns, which are ordered to be certified. MAY 20, 1784. (234) Robert Gaines and Benjamin Fleck, returned no inhabitants. MAY 21, 1784 (242) Robt. and John McMahon's death abates suits--see page 248, infra. (245) Hugh Gwin exempted from pole tax and levies on account of age and infirmities. (246) Joshua Perry appointed Captain, vice Richard Madison; William Burk as Lieutenant and David Perry as Ensign. (248) James Henderson's death abates suit. (248) William Bowyer qualified Colonel. (248) Ordered to be certified that Timothy McNamara entered into the service in the beginning of the year 1777 and continued therein until the end of the war, and received several wounds therein, particularly at the Waxaws, where he received four wounds in his head, one in his shoulder, and one in the leg by which means he is incapacitated to procure subsistence. 235 JUNE 7, 1784. Page (251) Called Court on Stephen Meechant for larceny--39 lashes. JUNE 15, 1784. (253) Dedimus for priv. examination of jane, wife of John Bigham. Deed to Thomas Scott. (253) James McNutt to be repaid taxes paid by him, he being formerly exempted. (254) Alexander Robertson qualified Lieutenant Colonel. (254) Hannah Sawyers, widow of James Sawyers, exempted from taxes for Harry, a negro. (254) Thomas Hall qualified Attorney. (255) John Gamble, William Young, James Searight, Anthony Ailor, and Edward Erwin to locate a road from Staunton to Herodsburg. (256) William Crane to be bound. (256) John Tate qualified Justice. JULY 20, 1784. (257) Mr. Madison being absent, James Curry was admitted and sworn Deputy Clerk pro tem. (258) Thomas Baker, aged 6 years, son of Elizabeth Baker, to be bound to the Rev. Mr. Wilson. (258) David Trotter recommended Captain, vice Capt. James Trotter, who is about to remove to Kentucky. (259) John Wilson recommended Lieutenant, vice David Trotter, and John McCutcheon as an Ensign. (260) Horse, saddle, bridle and other articles attached to be advertised in the Virginia Gazette, and if no one appears to claim them, then they are to be sold and the proceeds applied to paying the judgments of Alexander Cummings and others against William Brooks. (There goods were supposed to have been stolen by Brooks.) (261) Thomas Turk, Jr., is ordered to deliver the books of said Brooks to the Sheriff. AUGUST 17, 1784. (263) David Trotter as Captain, and John Wilson as Lieutenant, qualified. (263) Admn. of estate of William Smith granted his widow, Jane Smith. (264) John Gilham is appointed guardian of James Wright. (264) George Ramsey is appointed guardian of Alexander Ramsey. (264) Thomas Dean, 8 months old, to be bound to Jarret Erwin. (265) David and Joseph Pinkerton, being charged with taxes for 1783, previous to their being in the Couuty, to be exempted therefrom. AUGUST 18, 1784. (265) James McClure's death abates suit. (269) Joseph Bell is appointed guardian of David Bell. 236 Page (270) Joshua Perry qualified Captain--also William Burke as Lieutenant and David Perry as Ensign. (271) Admn. of estate of Charles Floyd granted William McKemy. AUGUST 19, 1784. (284) David Martin ordered to appear at next Court to show cause why Jane Allison Martin, a child under 3 years, shall not be bound out. (283) Richard Collins ordered to show cause why his children shall not be bound out. (283) Sheriff to be allowed for John Shonts's tax, he not being of age. AUGUST 20, 1784. (297) Kezia Crane, aged 9 years, to be bound to Valentine White. (308) Sheriff ordered to have made doors for the jury room and gates at the barr. SEPTEMBER 21, 1784. (309) Dedimus to take deposition of John Richey, who is about to remove to Georgia. (310) John Moreman, runaway servant of Sampson Mathews. (310) Admn. of estate of Mathew Kenny granted George Hook. (310) Commission to issue to take priv. examination of Sarah, wife of John Caldwell, of Lincoln County, Kentucky, touching her dower in land sold by John to Robert Black. (310) Will of John McMahon proved by Rev Mr. Wilson, and certified for further proof. (311) James Searight and John King are appointed guardians of John and Margaret Searight, orphans of George Searight. (311) Thomas Williams and Sarah Kyler to be bound out, it appearing to the Court that they have not hitherto been brought up in a Christianlike manner, unless security be given to the overseers of the poor by Richard Collins and Ann Collins for their proper education and maintenance. SEPTEMBER 30, 1784 (311) Called Court on James O'Neal and James Murry for larceny--39 lashes. OCTOBER 19, 1784 (313) Admn. of estate of Sarah Scott granted Robt. Scott. (This should be Sarah Hutcheson instead of Sarah Scott.--See page 131, O. B. XIX) (313) Admn. of estate of Thomas Peircy (Percy) granted Sarah Peircy (Percy) and Thomas Waddell. (313) William Black appointed road surveyor from James Bell's to John Coulter's, vice Samuel Black, deceased, and to work with tithables on South side of the road including James Bell's and James Best's to James Brent's on Back Creek. 237 OCTOBEB 20, 1784. Page (323) Court adjourned until tomorrow morning. (324) No heading to this Court. NOVEMBER 16, 1784. (341) Joseph Simpson exempted from levy. (343) County levy. DECEMBER 25, 1784. (344) Andrew McKnight, aged 2 years, to be bound to James Hessent. (345) Mary Campbell; alias Hackett, admx. of Robert Campbell, to be summoned to give counter security. (346) Adam Burback's will partly proved. (346) John Poage allowed claim for running the line between Augusta and Greenbrier Counties. JANUARY 18, 1785. (347) Mary Scott, orphan, aged 9 years, to be bound out. (347) George Lewis exempted from payment of levies. (347) Lewis Spearman, aged 14 years, to be bound to Peter Grass. (348) David Henderson proved himself nearest heir-at-law of John Henderson, deceased, who was a soldier in Colonel Grayson's Regiment. JANUARY 19, 1785. (348) Robert Donaldson exempted from payment of levies. (348) Justices, in accordance with the Act of May, 1784, ordered to take a list from each person in his precinct, containing the number of person in each family and the number of buildings, distinguishing dwelling houses from other buildings. (349) Persons appointed to examine the Clerk's Office and see how many of the late Sheriffs have not settled their accounts with the Court. (350) County levy: To Thomas Rhoades, jailor, 2,000 tithables at 3/. FEBRUARY 15, 1785. (351) It is proved that James Elliot is nearest heir to Archibald Elliot, a soldier in Capt. Hays's Company, who was killed in the action at Germantown. -------------------