AUGUSTA COUNTY COURT RECORDS.
ORDER BOOK No. XXI.
MARCH 17, 1789.
(1-4) Philip Enoch qualified Attorney-at-Law.
(5) James Poage qualified Justice.
256
MARCH 18, 1789.
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(8-13) Death of John Poage abates suit.
MARCH 19, 1789.
(21) Thomas Waddle qualified Ensign in the First Regiment.
MARCH 21, 1789.
(35-40) Thomas Rogers--no inhabitant of this State.
(40) William Wilson and Luke Barret allowed to sue in formo
pauperis.
APRIL 21, 1789.
(44-45) James Hamilton to receive L10 for pension for 1788.
(45) William McCormack to be bound to John Hunter, and William
Porter, orphan, aged 14 last January, and Henry Blackmore to be
bound.
(45) Merchants licensed, viz: Robert Stuart, Robert McDowell,
Robert McCullough, Robert Aistrop, Robert Gamble, William McDowell,
Hugh McDowell.
APRIL 22, 1789.
(47-48) Timothy McNamara to be paid &#A3;10, his pension for 1788.
(48) John Poage qualified surveyor.
(50) James Brown, formerly bound to Samuel Armstrong, now
deceased, to be bound to Andrew Cutler, by consent of Wm.
Armstrong, executor of Samuel Brown--is to have six months'
schooling, freedom dues, and learn the art, trade and mystery of a
saddler.
(51) Alexander Martin to be paid &#A3;16, his pension for 1788.
(52) Robert Kirk recommended Captain of a troop of Cavalry in
First Regiment; William Forbes as Lieutenant, and John McDowell as
Cornet; Oliver McCoy, as Captain of troop of Cavalry in Second
Regiment, and John Berry as Lieutenant.
(52) Tax on William Bowyer's house and lot in Staunton is fixed
for 1787 at the yearly rate of &#A3;25, and for 1788, &#A3;20.
(53) Richard Burns exempted from levy for his son Richard, who is
subject to the Falling Sickness.
(53) Tax on Michael Bowyer's house and lot in Staunton fixed as
for William above at &#A3;14 and &#A3;11, respectively. Same of
Alex. St. Clair, for 1787, &#A3;30
(53) Continued until 3d Tuesday in May next.
MAY 19, 1789.
(54) Thomas and John Wells.
MAY 23, 1789.
(81) John Yeager to be paid his pension for 1788--&#A3;15.
CR--Vol. I--9
257
MAY 25, 1789.
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(88) Called Court on Thomas York, of Botetourt, for larceny--15
lashes.
(89) Called Court on William Eyers for receiving stolen goods--30
lashes.
JUNE 16, 1789.
(93) William Young, Sr., exempted from levy.
(93) Robert McClenachan, orphan of Robert McClenachan, chose
Alexander McClenachan his guardian.
(95) Isabella Abney, executrix of John Abney, deceased, who was
one of the executors of John McDonagh, deceased.
(97) James Brown, orphan of Thomas Brown, deceased, aged 14 years
or upwards, chose Alex. St. Clair his guardian.
(97) John Murphy appointed guardian of John and Nancy Murphy,
orphans of William Murphy.
(98) Elizabeth Jones, aged 4 in March last, and John Ruffhead, son
of Margaret Ruffhead, to be bound out.
(98) Sheriff to sell the old Court House, the purchaser to remove
the house, fill up the cellar and clear the street.
JULY 21, 1789.
(99) Jacob Grass's will partly proved.
(101) Robert Gray, an orphan, to be bound to George Harding.
(101) Jane McCommus, aged 11 years, to be bound out.
(103) Alexander St. Clair appointed to keep the standard of
weights and measures. Robert McClenachan, the former Seal Master,
to deliver to him.
AUGUST 18, 1789.
(104) George Moffet, et als., took oath required by
Congress, pursuant to Article VI, Constitution, United States.
AUGUST 19, 1789.
(112) Alexander McClenachan. et als., took oath required
by Congress, pursuant to Article VI, Constitution, United States.
AUGUST 20, 1789.
(116-118) James Poage reported an efficient engineer.
AUGUST 22, 1789.
(127) James Williamson is about to remove.
SEPTEMBER 15, 1789.
(133-137) Mary Hempenstall, late Mary Wilson, executrix of Samuel
Wilson.
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(137) Andrew Erwin qualified Lieutenant.
(137) Samuel Blackmore, orphan, to be bound.
(138) Elizabeth Ross, orphan, aged 11 years and 3 weeks the 3d
instant, to be bound to Robert Craig.
(138) It is certified that Mr. John Hall has resided in this
County from his infancy and is a person of honesty, probity and
good demeanor. John Hall qualified Deputy Clerk.
OCTOBER 1, 1789
(140) Called Court on Patrick Finley, charged with larceny--39
lashes.
OCTOBER 20, 1789.
(141-142) Viewers to examine the new Court House and report
whether it is to be accepted.
(142) Elisabeth Holland, an orphan to be bound.
(142) Estate of Jacob Syler c. t. a. granted--the widow Dorothy
refusing.
(142) David Greiner, orphan of David Greiner, chose Anthony Mustoe
guardian.
(142) John Slaven to be exempted from County levy.
(144) James Peary is granted a commission to take the privy
examination of Nancy, the wife of John Kelly, as to dower.
(145) Rachel, wife of John Christian, relinquishes dower in deed
to James Moffet.
NOVEMBER 17, 1789.
(147) Robert Jouet and Theodosius Hansford qualified to practice
attorneys.
(149) Henry Hall's death abates suit.
NOVEMBER 18, 1789.
(152-153) Presentment vs. Samuel Carlyle abates by his death.
(154) Thomas Nail, Thomas Nail, and David
Nail--witnesses.
NOVEMBER 19, 1789.
(156-164) Stophel Owe, witness 45 miles.
NOVEMBER 21, 1789.
(161-188) Henry Hall's death abates suit.
(168) Adam Stephenson's death abates suit.
(176) Sheriff ordered to sell the old Court House and an old house
on the prison lot, near the jailor's house, the purchaser being
required to remove them as soon as possible--the ground around the
new Court House to be leveled, and posted with locust posts or
chains in such manner as the Commissioners shall direct. Robert
Gamble, James F. Cocke, Robt. Douthat and Michael Bowyer appointed
Commissioners.
259
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(177) William Hind, administrator of John Hind, lives in Kentucky.
DECEMBER 15, 1789.
(177-178) Thomas Gillaspie's will presented and witnesses summoned
to prove it.
(178) Cornelius Brown, an orphan, to be bound out.
(178) John Brownlee, Sr., summoned to show cause why the order to
bind Elizabeth Holland, alias Hallingsworth, shall not be rescinded
on the motion of Margaret Hallingsworth.
(180) County levy--181--to William Bowyer, Anthony Mustoe and Wm.
Chambers, for alterations and additions in building the Court
House, the Commissioners appointed having reported that the said
building is completely furnished--&#A3;45.
(181) David Finley is appointed guardian of John Trimble, orphan
of Joseph Trimble.
DECEMBER 16, 1789.
(182-184) Michael Bowyer is appointed guardian of Henry Hall,
orphan of Henry Hall, deceased, for the express purpose of binding
said Henry to George Harding, to learn hatter's trade.
(185) Francis Mahan, soil of John Mahan, aged 3 years and 2
months, to be bound.
(185) County levy continued.
(186) Credit by an old Court House, sold to Anthony Mustoe for
&#A3;3, 17/2. 2,742 tithables at 2 shillings.
JANUARY 12, 1790.
(181) Called Court on Thos. Clifford (Clifton), larceny.--Not
guilty.
JANUARY 19, 1790.
(188-189) Admn. c. t. a of John George Weaver granted the relict,
Christiana Weaver, and John Weaver.
(191) James Steel qualified Sheriff.
(193) Admn. de bonis non of Andrew Duncan granted James
Brownlee.
FEBRUARY 16, 1790.
(197) A compact of 61 inhabitants of Staunton, forming a fire
company, is ordered recorded.
(197) Edward Day exempted from County levy.
(198) William Dinwoody and John Berry recommended Captains of the
2d Regiment; Leonard Wade and Robert Givens, for Lieutenants;
William Stevens and Mathias Benson, for Essigns.
(199) Thomas and Nancy Smith to be bound.
260
FEBRUARY 17, 1790.
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(203-204) William Hunter, apprentice of John Price.
MARCH 16, 1790.
(206) Hugh Holmes admitted to practice in this Court.
MARCH 20, 1790.
(231) Benijah Thompson, James McKibben, John Keys, Thomas
McCullock and John Redpath--no inhabitants.
(233) Commission for deposition of Robert McClenachan, aged and
infirm witness.
APRIL 20, 1790.
(235) Since 20th October, 1789 (page 141, supra), the
instruments "Indentures" and "Deeds" have been recorded.
(237) Waiter Kenady, an orphan, to be bound.
(239) Order to bind Wm. Foster to Wm. Moffett rescinded.
(241) John Clements, as Lieutenant, and Benj. Kennedey, as
Ensign-- recommended in 1st Regiment.
(241) Andrew Hamilton, William Lockridge and John Carlile exempted
from working on roads on account of great age.
(212) Robert Hall and Samuel Shannon, witnesses to the will of
Joseph Maze, are residents of Kentucky, and their depositions to be
taken.
(243) William Hutcheson exempted from payment of County levy on
account of age and infirmity.
(243) Peter Heiskell appointed seal master, vice Alexr. St. Clair,
who refuses.
MAY 18, 1790.
(244) Thomas Smith's death abates suit.
(245) James Divier's death abates suit.
(245) Robert Garland, James Allen, and James Brooks qualified to
practice as attorneys.
MAY 20, 1790.
(255) Robert Cockran resides in Kentucky, and deposition to be
taken.
(258) John and Jeremiah Warder, no inhabitants.
MAY 21, 1790.
(261) Death of John Abney and Thomas Smith, executors of John
McDonagh abates suit.
(262) Alexr. McNutt, no inhabitant
(268) John Rankin's death abates suit
JUNE 15, 1790.
(276-277) Francis Huff's will partly proved.
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(280) Road established from the Great Road from Swift Run Gap at
the Dry Spring Run up Lewis Creek to Staunton--and the public
to find rails for a fence to be made through Joseph Bell's
lands.
(282) Admn. of estate of Samuel Craig granted Alexr. Craig.
(282) Inquest on body of John Peck to be recorded.
(284) Mary Teas, executrix of Wm. Teas, required to give counter
security on motion of William Bell, heir-at-law of David Bell,
security for Mary.
JULY 20, 1790.
(285-286) Robert Williams and Henry Gabhart, returned no
inhabitants.
(288) John Wade, Sr. (Back Creek), exempted from levy.
(289) John Dailey continued road surveyor from Jacob Cain's to
William Wilson's, thence to the Bull Pasture Road over the mountain
to the Sitting Hill--tithables from Coonrad Isack's to Jacob
Cain's.
AUGUST 17, 1790.
(290) Robert White takes oath as attorney.
(292) William Hibler, no inhabitant.
AUGUST 18, 1790.
(297-301) Commission for depositions of William Hook and Robert
Campbell, who are about to remove to Kentucky.
(302) Robert Jouett--bail.
AUGUST 20, 1790.
(306-310) James Johnston recommended as Captain in 1st Regiment,
Thomas Calbreath as Lieutenant, and Zacharian Johnston, Jr.,
Ensign.
AUGUST 21, 1790.
(311) Andrew Huffman about to remove to Pennsylvania.
SEPTEMBER 16, 1790.
(316) Called Court on Patrick Curry for burglary.--Sent to Genl.
Court.
(318-323) Agatha Stuart (late Agatha Frog), Witness to will of
John Lewis.
(325) Benj. Hinkle, German Lutheran, qualifies to solemnize
matrimony.
(327) Henry King, witness, about to remove to Kentucky.
(328) Alexander Hall appointed guardian of Elizabeth Tate, orphan
of James Tate.
(330) David Greinor, apprentice to Adam Bickle.
OCTOBER 19, 1790.
(331) Ordinary rates.
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(332) John Clements qualified Lieutenant of 1st Regiment, and
Benj. Kennerly, Ensign; Edward Rutledge recommended Captain of 1st
Regiment; Jonathan Brooks, Lieutenant, and James Henderson, Ensign.
(332) James Hicklin recommended Captain of the 2d Regiment; Edward
Stuart, as Lieutenant; Samuel Pullen, as Ensign.
(333) Mary and Catherine Breezley to be bound to William Rodgers,
who has maintained them for some time.
(333) Elizabeth Roes, 14 year old 17th December last, to be bound,
with consent of her mother, to John Burke.
(334) James Steele, Sheriff.
(336) Admn. of estate of Matthew Reed granted Archibald Stuart.
NOVEMBER 16, 1790 .
(341) Cuthbert Harrison admitted attorney.
NOVEMBER 17, 1790.
(346-349) Benoni Cosho, witness--22 miles.
(350) Robert, Isabella and Ann Duffield--witnesses.
NOVEMBER 19, 1790.
(355-358) John Given's death abates suit.
DECEMBER 22, 1790.
(368-371) Certified that John Coalter has resided in this County
for one year last past, and that he is a man of honesty, probity
and good demeanor.
(372) County levy.
(373) County levy: To Wm. Moffet Jordan, one old wolf; to John
Tate, for inquest on body of Thomas Stephenson.
JANUARY 18, 1791.
(375-376) Admn. of estate of Wm. Buchanan granted to John
Buchanan.
(377) Admn. of estate of Thomas Rodgers granted Alex. Nelson, Jr.
(377) Samuel Neal to be bound to John Bell until he is 21 years,
which will be 7th February, 1792, to learn trade of wagon maker.
(378) Walter Davis and Robert Scott are appointed guardians of
William, Joseph and Rebecca Blackwood, orphans of William
Blackwood.
(378) Admn. of estate of Eleanor Johnston granted Reuben
Shackelford.
(378) William Moffet and John Kirk are appointed guardians of
James and George Kirk, orphans of James Kirk.
(379) James Steele qualified Sheriff.
(379) Report of viewers of road being returned (from Cornelius
Ruddles's to Fenton's mill), it is ordered that the landowners
be summoned.
(380) Anthony Mustoe to he paid &#A3;64, 18/10, deducting the
price of an old Court House bought by him.
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JANUARY 29, 1791.
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(381) Called Court on Anthony Kyle for receiving stolen
goods.--Sent to next District Court at Staunton.
FEBRUARY 15, 1791.
(383) Joseph Maze to be paid &#A3;8, his pension for 1790; John
Dickinson to be paid &#A3;50, his pension for 1790; John Burton to
be paid &#A3;5, his pension for 1790; John McKinney to be paid
&#A3;15 per annum for 1788, 1789, 1790.
(383) Andrew Coulter, orphan, to be bound to Smith Thompson.
(387) Andrew Anderson, vice Lieut.-Col. Robert Gamble, removed,
recommended as Lieut-Col. of 1st Regiment; and John Campbell for
Major.
(392) John Fogle to be bound to Jane Rutledge--formerly bound to
Thos. Rutledge, now deceased.
(393) John Lowne, aged about 12 years, to be bound to Jacob Peck.
MARCH 15, 1791.
(394-397) Death of Lawrence Smith abates suit.
(391) John Coalter qualified Sheriff.
(399) Death of Andrew Lockridge abates suit.
MARCH 16, 1791.
(401-407) Isaac Ong, arbitrator.
MARCH 17, 1791.
(408-414) John Green exempted from levy.
MARCH 21, 1791.
(432) Mathews vs. Isabella Burns, executrix of Robert Burns, James
Curry, and Mary, his wife, Asher Waterman, and Sarah, his wife, and
Margaret Cunningham Burns, infant--Chancery.
(435) It is certified that Jacob Kinney has resided in this County
for one year, and is of honesty, probity and good demeanor.
APRIL 19, 1791.
(436-437) Admn. of estate of Thos. Stephenson granted Jacob
Swallow.
(438) Jane, David, Isaac, James and Gordon White, to Steele--deed.
(439 Thomas Calbreath qualified Lieutenant of the First Regiment.
MAY 4, 1791.
(439) Called Court on Robert Morton, shoemaker, for larceny--20
lashes.
264
MAY 18, 1791.
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(447) Alexr. McNutt vx William Bowyer. } Involves a lot in
Staunton, with depositions giving some account of Staunton,
1761-1785. Alexr. McClenachan testifies that Israel Christian was
put in possession of the lot about 1762-1763 under a precept from
the General Court. Alexander lived contiguous to the place, and
understood defendant claimed under Christian. Thomas Rhoads
testifies that in 1776, or 1777, he rented a stable of John
Madison, deceased, on said lot, and the following year he rented
the lot of defendant at public auction, at the rate of &#A3;5, 0,
7, per annum. Christopher Graham testifies. John Gordon deposes
that he rented a house which he used as a smith shop on the lot
aforesaid of the defendant at the rate &#A3;4, 10/ per annum, in
1785, but before the rent became due Thomas Smith, deceased,
claimed the lot and received the rent. Michal Seyford also rented
a house on said lot at same time as Gordon.
MAY 19, 1791.
(453-460) Deposition of Thomas Brown to be taken in Kentucky.
(463) Alexr. McFarlin to be paid &#A3;10, pension for 1789, and
same for 1790.
MAY 21, 1791.
(464) Rebecca Gardner, relict and administratrix of Thomas
Gardner, Francis and Samuel Gardner, orphans of said Thomas, versus
John Brown, Rebecca Brown, widow of Hugh Brown, deceased, Sally and
Margaret Brown, orphans of Hugh Brown. Sally and Margaret are
infants.
JUNE 21, 1791.
(469-470) John Gay and Sarah and James Gay, his brother,
to Henry Hicklin.
(471) Will of Joseph Maze, Sr., partly proved.
(471) Margaret, wife of Alexander Wiley, relinquishes dower in
deed to Andrew McCartney.
(472) James Kirk, orphan of James Kirk, aged i8 years, appears and
consents to serve William Abney as an apprentice until seven months
after he is of age.
(477) Andrew Anderson qualified Lieutenant Colonel, and John
Campbell, Major, qualified.
(477) Henry Shown, orphan of Leonard Shown, aged 15, chose
Nicholas Spring his guardian.
(477) Estate of Laurence Smith, deceased, committed to Sheriff.
(477) Mary, wife of Hugh Richey, releases dower. Deed of trust to
Abel Geoffey.
(478) Joseph Bell, son of Samuel, appointed Constable.
(479) Pillory and stocks ordered to be built.
(480) Motion of Michael Garber that Alex. Humphrey's shop, built
on the public ground by order of Court, be removed as a
nuisance--is dismissed.
265
JULY 19, 1791.
Page
(481-486) Admn. of estate of Daniel McNair granted David McNair.
(487) Henry Hall, orphan of Henry Hall, aged 14 years the 14th
September last, to be bound to John Gun, to learn trade of a
hatter.
(489) Alex. Humphries, M. D., has leave to lease for eight years
to come the house and inclosure he now occupies on the prison lot,
for the purpose of indemnifying him for erecting the said building,
&c., at the expiration of which term all th improvements are to be
the property of the County.
(489) Commissioners to view a road passing thro' the lands of
Joseph Bell, now in the possession of his son, William.
AUGUST 6, 1791.
(490) Called Court on free negro, Beverly Legan, for stealing a
fiddle and other things from the slaves of Alexr. McClenachan--39
lashes.
(490) Called Court on Peter Masterson for passing a counterfeit
guinea, valued at 21 sh. 6 d.--Discharged.
AUGUST 16, 1791.
(492-494) Depositions to be taken of William Guy and Joseph Wahub,
about to remove to Kentucky.
AUGUST 20, 1791.
(512-514) Moses Easty and John Beach, no inhabitants of this
Country.
(515) Rebecca Brown, no inhabitant of this Country.
(521) Deposition to be taken of Christopher Graham, removing to
Kentucky.
(521) Daniel Miller's death abates suit.