AUGUSTA COUNTY, VIRGINIA - CHALKLEY'S CHRONICLES OF THE SCOTCH IRISH IN VIRGINIA *************************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************** DISTRICT COURT MEMORANDUMS, 1790-91. Mem. for Mr. Williams: Enquire after Elliot Rutherford, executor to his brother, Thomas Rutherford, who died about 20 years ago. Spencer Hill married Mary Rutherford, daughter of Thomas Rutherford, deceased. Her fortune is in the hands of Elliot Rutherford, who lives about a mile from Rockingham Court House. Enquire what the fortune is, and how it is to be got. N. B.--Suit must be brought in the name of Spencer Hill. The fortune is supposed to have been about £30 pounds at first. This shall oblige me, my heirs and assigns to deliver unto Major William Long a warrant for one thousand acres of land for his service as a captain in ye Continental service. Given under my hand this 4th day of December, 1783. Witness: T. Madison. Assigned, 23d March, 1784, by William Long to Andrew Sutlington. (Signed) Alex. McClenachan. Test: Wm. Scott, Dear Sir: I received a few lines from you while in Richmond concerning the money that my brother, Thomas', estate is indebted to you. I have your money ready if we could meet in Staunton. I shall be down at my brother, Michael Bowyer's, at General Washington's birth night if you can make it convenient to be up at Staunton about that time and bring the bond. I will pay the principal and interest, but my brother, in his lifetime, let your son, Stranther, have some money in camp. Shall be glad if you can get the amount from him, as you promised to discount it out of the bond. If you cannot be at Staunton at the time before mentioned, you will please to let my brother know when you can attend there and I will meet you. I am, dear sir, your most humble servant. (Signed) John Bowyer. 19th December, 1789. To Gabriel Jones, Esq. DISTRICT COURT JUDGMENTS. APRIL, 1790. Adams vs. Bowyer.--Richmond, October 28, 1785. Sir:--The order of Court, directing payment to be made for the averages (?) of labor in the Clerk's Office of Augusta, out of Mr. Madison's estate, seems to me to be unwarranted by law, for it ought to have been the effect of an agreement between Mr. Madison's representatives and them. Nor do I conceive that you can maintain an action in your own name for what you have done, because there is no privity between you and Mr. Madison's estate. I therefore rather advise that a suit be instituted in the name of the justices against Mr. Madison's administrators by way of a special action in the case. The charges against Mr. Madison must be for breach of duty, and the amount of the damages will probably be equal to what you have desired for bringing up the records. I am, sir, your most obedient servant. (Signed) Edm. Randolph. Augusta Sec.--Inquisition at Staunton the 19th of May, in the thirteenth year of the Commonwealth, before Joseph Bell, gent, one of the coroners. Upon the view of the body of a person unknown in a cave, discovered by Michael Grove, John Robeson, Robert Jacobs, -- dead and much consumed and upon oaths of (the jurors who sign below) -- do say that he was a 508 white man, and it appears to them from circumstances to be the body of a certain William R. Watson, who was an inhabitant of Staunton about November last, and that the said person has been murdered wilfully by some person or persons unknown to us. (Signed) Joseph Bell, coroner; John Griffen, foreman; Michael Garber, Samuel Merritt, William McDowell, Michael Sivert, Herman Lovingood, Owen Owens, James McLaughlin, Abraham Groves, Francis Huff, John Gorden, Henry Hauk, Robert Astrop, Hugh McDowell, Michael Cawley, James McGongal, Daniel Donavan. Augusta Sec.--On the 9th day of June, 1788, called before me Joseph Bell, coroner for said County, the subscribers being a majority of the within jurors, to take up the said matter from finding further testimony was to be had in the matter, caused to come before us Alexander Humphreys and William Wardlaw. After being sworn, Alexander Humphreys deposeth and sayeth: That about March last that his students, William Wardlaw and James McPheeters, did take from the place of burial a negro and dissect him for their information and that he understood they sewed him up in a bag and put him in the cave within mentioned, and further deposeth that after a negro lays some time in his grave the odds cannot be known between him and a white person as to color. Mr. Wardlaw deposeth and sayeth: That about March Court last him and James McPheeters opened a negro grave and took therefrom the body, in order to dissect the same for their insight in their business, and after doing so, did sew him up in a crokass bag and put him in the cave within mentioned. But sayeth when they took him up he appeared of an ash color and that, while they had him in custody, his color did not change as well as he recollects and further sayeth not. (Signed) Joseph Bell, coroner; Michael Garber, Daniel Donovan, Hugh McDowell Michael Syvert, Hermon Lovingood, Samuel Merritt, John Garden, James Megongal Francis Huff, Owen Owens, James McGlachlin. Commonwealth vs. Wm. Hinton, Martin Gryder, John Gryder.--Augusta Sec.--This day David Harned and John Owens, before me, that on Wednesday, the 13th of this instant, William Hinton came to the house of the said David Harned, with an armed force, and declared himself in the favor of the Crown of Great Britain and that General Howe might as well go home with his men, for he could raise men enough to subject the country and that he would do it yet; and also inquired for Captain Hite and Joseph Smith, and swore that if he could catch them he would strip them and tie them to an apple tree and whip them till they would be willing to enlist into his service and swear to be true to him; and spoke very disrespectful of General Washington and of his troops in general. That the country belonged to the King and that the King would keep it yet, and that he would go as Captain and raise better men than the country could; and that the above conversation was repeated sundry times, and further these deponents saith not as witness our hands this 16th day of August, 1777. (Signed) David Harned, John Owens. Sworn before me. Daniel Smith. Sir:--I have received information by the deposition of David Harned, etc., that a certain William Hinton has openly appeared in defense of George the Third, King of Great Britain, and in open violation against the United States of America, and has enlisted men in behalf of the King of Great Britain. These are therefore to request you, in the name of the Commonwealth, 508 to raise any number of volunteers or as many as you will think necessary without the loss of time. You are to march your men to Smith's to apprehend the said William Hinton and all his abettors and all those concerned in behalf of the said King and in violation against this Commonwealth. You are to bring them to Staunton and have them secured under a proper guard until proper proceedings can be had on them, and I expect they will receive their proper reward of their deserts. You are to be reinforced by Capt. David Bell, Thomas Hewit, Capt. William Anderson, Captain Hopkins and Capt. Daniel Smith. Herein fail not. Given under my hand this 19th August, 1777. (Signed) Abraham Smith. To Capt. Patrick Buckhanon. Endorsed: "By virtue of the within order, I have taken Martin Groeder and Henry Groeder, and John Groeder, William Hinton, Peter Hinton, and Elisha Nox, and brought them before Sampson Mathews, William Bowyer and Alexander St. Clair. (Signed) Patrick Buchanan. August 21, 1777. August County, Sec.--To the sheriff, or goaler, of the County ____. We send you herewith the bodies of William Hinton, Martin Groeder and John Groeder, taken and brought -- by warrant --- of Abraham Smith, Esq., County Lieutenant, upon information made upon oath before Daniel Smith, Esq., by David Hernot and John Owens of being guilty of a breach or coming under the Act of Assembly made in this State for punishing certain offenses and after learning sundry evidences, viz: David Harnet, John Owens, Thomas Alderson, Joseph Smith, John Conner, Joseph Burgess, Jacob Falkner, George Keller, Peter Grass, John Bright, we are of opinion that the said William Hinton, Jr., Martin Groeder, and John Groeder have been guilty of a breach of the Act aforesaid. You are therefore required to receive them -- until they shall from thence be discharged by order of the Justices of our said Court, to be held on the Third Tuesday in September next, and this shall be your warrant. Given under our hands and seals this 23d day of August, 1777. (Signed) Sampson Mathews (seal), William Bowyer (seal), Alexander Sinclair (seal). Spa for witnesses for defence, viz: Robert Harrison (son of Thomas), Jonathan Haynes, James See (?), Catharine Keisell, Daniel Smith, Sr., William Vance, Elizabeth Scothran, Isaiah Harrison, Thomas Lookey, Abraham Bowyer, William Russell, Thomas Moore. Verdict of Guilty vs. John Groeder, fined £2 and two years' imprisonment. Verdict of guilty vs. Martin Groeder, fined £50 and three years' imprisonment. Verdict of guilty vs. William Hinton, fined £400 and four years' imprisonment. (On back of the papers is an abstract of the evidence in handwriting of the clerk, evidently jotted down for his own amusement): Joseph Smith--reputed Tory and drinking the King's health. Capt. Hite intended to take him and desired Smith to go with him. Went to Hinton's mill. Found and seized him. Resisted. Got away. Stoned them. Called to them and told them, you will be all hanged yet. Followed them. With stones. Two recruits. Offered them ye money (?) and would not go with d____ scoundrel. Willing to go before. Several suspected Tories. Johnson, whom Hinton called out to assist him and damned him for not complying with his sworn word. A barbeque that night when open war was to be declared. Arnet, Owens and Alderson.--Hinton followed Hite and Smith. Where the d____ Tory catchers. If here I would tie to apple tree and would 510 whip till I made them enlist in my service. I am Tory. The King has a right to the country and shall have it. Have no occasion to come here, for I can raise men enough to take the country and I will do it, for I am Captain of better men than they. Whipped two of their officers today and served them in ye same manner as how did Washington. See Howe drive them as stray sheep. Mrs. Scothern.--Had sworn two into his service. Who are they? Phillips and Williams, who had before entered into our service. (Proved by Alderson.) Bright.--Damned him for giving information to take up Tories and turned his pistol towards him. Burgess.--Last fall heard him declare himself a King's man, and that the King had a right to the country. Heard some good news. What it was--Howe driving General Washington through the Jersey. Do you call that good news? Yes. Commonwealth vs. John Archer.--Similar to above. PETITIONS. MARCH, 1775. This day Mary Gregory came before me and made oath that the Indians came to her house and took from her four hogs and one cow of the value of eleven pounds, ten shillings about five years ago. Given under my hand this 22d March, 1775. (Signed) John Poage. They said they were Mingoes. Mr. Gregory lives on the head of Greenbrier. Augusta County to the Worshipful Court of aforesaid: Whereas my husband, David White, was killed in last expedition and his affairs were unsettled, I not being able to come to Court, humbly pray that your honors will see for (supor?) my father, Jacob Eaverman, to administer on his estate. Witness my hand this 15th of March, 1775. (Signed) Cateren (mark) White. Robert Minnes, Andrew Skidmore. 13th September, 1839, personally appeared Elizabeth Balsley, aged 79 years, made the following declaration, act of 7th July, 1836: That she is the widow of Christian Balsley, who was a private in the war of the Revolution, and who was placed upon the pension roll on the 4th of March, 1831, and which will appear by his pension certificate hereto annexed. She was married 9th August, 1778, in County of Cumberland, Pennsylvania. That she was not married to him prior to his leaving the service. Christian died, 22d June, 1837, in Augusta County. Certificate, 19th June, 1788, that Joseph Maze, aged about 32 years, late a private of the militia of Augusta County, was disabled in the service of this Commonwealth by a wound in his right leg. Is allowed eight pounds yearly from 1st January, 1786. (By) Edmund Randolph. 31st October, 1793.--Gov. Henry Lee certifies that said Joseph Maze is continued on pension list. 13th December, 1791.--Same certifies that John Wheeler, late a private in the State Line and disabled in the service of this Commonwealth, is put on the pension list at £8 yearly from 1st January, 1792. 22d August, 1791.--John Burton's assignment to James Johnson four years of his pension for 1791-92-93-94. Test: John Craig, who deposes, 1st April, 1793, that on the 14th of last February, John Burton was alive at 511 his house in Boncom County, North Carolina. 31st October, 1793.--Henry Lee certifies that John Burton, formerly a private in the Old Virginia Regiment, in year 1760, and disabled in service of this Commonwealth, continued a pensioner at £5 yearly. Bath County, to wit: This day John Dickinson made oath that he has been so indisposed in body for more than three months past that he has not been able to travel to Staunton Court to look after his pension warrant. (Signed) Samuel Shrewsbury. 14th April, 1794. I do further hereby certify that above deponent has for better than three months been the greatest part of the time dangerously ill with sickness, pains and a swelling in his body and often attended with high fevers, but is now on the mending hand, but not yet fit to ride any distance about his own plantation. (Signed) Samuel Shrewsbury. 14th April, 1794. 7th December, 1790.--Beverley Randolph certifies that John McKinney, about 33 years of age, late a private in the troop raised for an expedition against the Indians in the year 1774, and disabled by several wounds at the battle of Point Pleasant in the service of Virginia, is continued pensioner at £15 annually, commencing 1st January, 1790. 22d October, 1789.--Same certifies to same. John was disabled by two balls, which passed through the thick muscles of his left thigh and tore and lacerated them in a great degree. Endorsed, with certificate, Fayette County Court--July Court, 1790--that John McKinney proved himself to be the person mentioned in above certificate. CIRCUIT COURT CAUSES ENDED--OLD STYLE. No. 5. Browning vs. Swearingen.--In year 1736 John Browning purchased of Jorst Hite 1,200 acres on the Potomac. John died testate, devising the lands to sons, George and Nicholas. George died testate and devised to Joshua Browning. Nicholas died testate, devising to John Wrightson Browning. Oratrix Rosamon married Wm. Keating. Anthony Turner deposes: That he came into this State, now Berkeley County, with his father, Anthony Turner, deceased, on May, 1740. He was then eight years old. He lived there until fall of 1752, when he removed to New Castle County; removed from there August, 1762, to Carolina; made frequent removes but returned to Berkeley County in December, 1773. John Van Unter (Nuter) deposes: He was born in Berkeley County and on 6 March, 1798, was in sixty-second year of age. No. 17. Acklin vs. Walker.--Settlement of the Wolf Hill tract with list of the settlers in Washington County: Samuel Biggs, James Craig, Samuel Evans, David Gitgood, John Vance. Affidavit of Alexander Breckinridge, of Bourbon County. No. 18. Buchanan vs. Dorsey.--From Ohio County, November, 1796. John Vance made a settlement of the same land on which John Black had settled on 512 Middle Wheeling Creek and transferred his right to Walter Buchanan. Deed by John Black, of Washington County, Pennsylvania, to Jos. Dorsey, of Washington County, Pennsylvania, 1796. Test: Henry and John Perviance. Bowyer vs. Smith.--Deed, dated 27th October, 1794, by David Smith and wife, Mary, Christian Smith and Catherine, his wife, of Rockingham County, to Jacob Bowyer, of same County. No. 19. Caldwell vs. Campbell.--John Campbell, of Berkeley County, sold to Caldwell land on northwest side of Ohio River, part of 1,250 acres belonging to John, who was heir-at-law of Archibald Campbell, deceased (1796), in whose name 6,000 acres were located. Madison vs. Lewis.--William Madison and Col. James Barnett were soldiers in the battle of Guilford in 1781. John Thompson's answer to bill filed against him, together with Joseph and James Thompson, by James M. Marshall, in the High Court of Chancery of Virginia. His father, William Thompson, removed from Maryland to Virginia in 1747. Soon afterwards Fairfax issued a proclamation encouraging those persons who had settled upon his lands to continue thereon, and that they should have 400 acres for each settlement. The alarm the dispute between Fairfax and the Crown had excited amongst the people was his reason for this means being taken to quiet them. William remained upon his settlement until 1793, when he died intestate, having six lawful children, viz: John, Joseph, James, William, Henry Sarah (now wife of Jacob Hidener, of Hardy County). Sworn to in Frederick County by John Thompson, 27th July, 1799. No. 23 (or 22?). Kinkade vs. Cunningham.--Bill filed 1803. Thomas Kinkade was a very ignorant and illiterate man. Walter Cunningham bought the land from Andrew Donnelly and is now living in Kentucky. Margaret Reid, who married George Mathews, is aunt, or near relative of Walter Cunningham. John Beard deposes: That in 1762-3 he worked a crop with William McClenachan on a plantation on Spring Creek, called Spring Lick plantation. An improvement had been previously made by Christopher Landiss. Andrew Donnelly testifies: That in 1753 John and Robert Fulton planted four acres of corn on a plantation now (1802) owned by William Reenick, called Cave Place. The Fultons lived there with their families and deponent lived there with them for the purpose of digging quisang. Boughman's fort was broken up by Indians in 1754. William Kincaid was son of Thomas. James Burnsides was an early settler. Eve Johnston deposes: That she lived on Potts Creek in 1782, and several years before she lived within a mile of Christopher Landiss (Landers) in 1753-54. Christopher Persinger deposes: That he, with Landers, first improved the land. No. 8. Fry vs. Hunter.--Petition shows that Benjamin Rush and John Moffett purchased the shares of Bullett and Wilfut (feet). Bill filed 1796. Spa. CR--Vol. I-----17 513 1797, to Botetourt for Moses Hunter and wife, Andrew Lewis, Alexander Love and wife. Spa. to Norfolk County, 1797, for Alexander Love and wife returned executed. Fox vs. Throckmorton.--Bill, 1788. Orator and oratrix are John Fox and wife, Grace. Grace was daughter of John (William?) Young, who died intestate. John Throckmorton, of Gloucester County, administered and was appointed guardian of Grace. Throckmorton died testate, in Berkeley County. John Fox dates a notice "Louisa County, 1793." No. 22. Jones vs. Tomlinson.--Orator is David Jones. In 1772 David Jones made a settlement on Grave Creek, in Ohio County. Joseph Tomlinson obtained a settlement certificate for himself and Charles McLean. In 1770 David Owings made settlement near Jones, which was confirmed by law of 1799. Settlement made in 1771 on land of Joseph Coving, land claimed by Jones, by Nathaniel Tomlinson, who transferred to Joseph. In 1772 Nathaniel sold to Campbell and Talin. Benjamin Biggs was a justice of Ohio County, and Silas Hedges was sheriff in 1785. The Commissioners to settle unpatented lands in 1781 were: James Neal, Charles Martin, and William Haymond (Hayward); William McClung was chairman. Charles McClean deposes, in Fayette County, Pennsylvania, 1804: He first went to Grave Creek Flats in 1772, where he saw George R. Clarke, who surveyed the Flats into various tracts. Plaintiff acted under the Indiana Company. Charles McClean moved with his family to Grave Creek Flats in December, 1773, and settled at McClains's Spring. He left in May, 1774, in consequence of the breaking out of Dunmore's war. Morgan Jones deposes, in Jueen County, Pennsylvania: He first visited the Flats in 1772. Plaintiff had employed George Rogers Clark to survey the Flats into tracts. The first tract was laid off for Morgan Jones. Second for Joseph Tomlinson. Third for David Jones, plaintiff. The line passed over one of the little graves. Charles McDonald was also one of the settlers. No. 13. Noble vs. Taylor.--In 1785 Mahlon Taylor, of New Jersey, sold land in Frederick County to Noble--Mahlon afterwards married and moved to Albany. On May 15, 1800, Mahlon Taylor, administrator of Mahlon Taylor, late of New York, answers: Deed, dated 24th January, 1791, by Mahlon Taylor and wife, Mary, of Hunterdon County, New Jersey. No. 182. Taylor vs. Taylor's Administrator.--Suit begun 1805 by John Taylor, of Augusta County, vs. John Taylor, son of Nathaniel Taylor. Nathaniel died in Jefferson County, September, 1804, intestate, leaving orator and nine other children. Thomas Taylor, brother and orator, qualified administrator. Nathaniel, Jr., was another brother. Orator's sister married William Fig. Orator's sister, Nancy, married George Bozewell and moved to Kentucky. In division of estate by order County Court of Jefferson, 1806, these heirs named: Thomas Taylor, Elizabeth Figg, Fanny Taylor, James Taylor, John Taylor, William Taylor. Figg's wife was Mary. 514 No. 449. Taylor vs. Tate and Campbell.--John Taylor married Elizabeth, daughter of Charles Campbell, prior to 1774. Charles's daughter, Jean, married Thomas Tate. Margaret married Arthur Campbell. James, John M. C., Mary M. C., Allen Taylor were relatives. PENSION LISTS--PRINTED--FILED IN COUNTY COURT OFFICE. Pensioners belong to following corps: 7th Va. Regt.--Lee's Legion, Buford's Detachment. 15th Va. Regt.--2d State Regt., Militia, 1st Regt. Dragoons. 12th Va. Regt.--2d Regt. Dragoons, Heth's Detachment. 4th Va. Regt.--10th Va. Regt., 2d Va. Regt. Roger's Regt.--9th Va. Regt., 2d Regt. Militia. 11th Va. Regt.--Corps of Invalids, Campbell's Detachment. 8th Va. Regt.--Thruston's Volunteers, 3d Dragoon Regt. 1st Dragoon Regt.--6th Dragoon Regt., 6th Va. Regt. 3d Va. Regt.--1st State Regt., Grayson's Regt., 3d Regt. Dragoons. 1st Regt. Artillery.--1st Regt. Dragoons, 2d Regt. Dragoons. Harrison's Regt.--Haw's Detachment, 1st State Regt. Kentucky Militia.--Stephenson's Regt., 5th Va. Regt. 9th Va. Regt.--Hazen's Regiment, 13th Va. Regt. 1st Regt. Militia.--Morgan's Rifle Corps, 14th Va. Regt. Gaskin's Regt. COUNTY COURT RECORDS. Mutilated letter with notes endorsed on it. No name. No date: Honorable Sir: you'l obse a considerable Body a Fort on was erected by som likewise on the su at a place known by the name of which was Garrison belonging to Capt. Jas. Dunlap it with the poor ------------ are from House Drafted for wa obeyed as this un ants into so great a are about to re you with this Malon P. S.--There was a detachment from Captain Hog's Fort, at Brock's Gap, sent to the assistance of Captain Dunlop, which we suppose have fallen into the hands of the enemy as they have not yet been heard of, which has reduced Captain Hog's Rangers to the number of about twenty. 515 Endorsement:--Unless you can fall on some speedy method for the protection of the inhabitants, especially those between this Court House and Frederick County (the southern parts being protected by several ranging companies), one other inrode of those savages will effectually depopulate at least that part of the County. I, Thomas Lyons, of Greenville, in Augusta County, and State of Virginia, under apprehension of approaching death, do make this my last will and testament. It is my will that my brother, William Lyons, of the Town, County and State aforesaid, shall, after paying all my just debts, receive and possess all my estate, real and personal, wheresoever it may be found. Given under my hand and seal in the Chickasaw Nation this 8th day of July, 1806. (Signed) Thomas Lyons. Test: John McKee, Sarnuel Mitchell, Malcom (mark) McGhe. Proved, 19th July, 1806, before Samuel Mitchell, agent for the United States to the Chickasaw Nation in the Chickasaw Agency, by John McGee and Malcom McGee. Recorded, 19th July, 1806, in the book of the Chickasaw Agency. A true copy of Thomas Lyons's will, 16th August 1806. Test: Jefferson L. Edmonds, M. T. Stribling (Stirhling). To the Worshipful Court of Augusta, Greeting: We, the subscribers hereof, having taken the oath of fidelity to this State, looked upon the aforesaid oath to be sufficient unless we had been found faulty in giving in of our property, which we never kept back, nor have we refused to pay our public debts, but are willing to act as true sustainers of this State, for us to appear at Court looks like murder, to leave out families to the ravages of a savage enemy and hope you will in your wisdom consider us, &c., &c. (Signed) Charles Fornalson, Jonathan Boffanton. October, 1851.--Order: That satisfactory evidence has been adduced to the County Court of Augusta that Thomas Yorkshire was a pensioner of the United States at the rate of $8 per month; was a resident of the County of Augusta, in the State of Virginia, and died in said County and State in the year 1837, on the 24th day of February; that he left no widow but two children, Nancy and John. This day, 27th October, 1851, Joseph Smith made oath that he was well acquainted with Thomas Yorkshire (as above). Corporation of Staunton, to wit: 26th April, 1823.--Smith Thompson deposes: He was well acquainted with Samuel Bell, and that he served in the Virginia Line on Continental establishment during the Revolution as an ensign in Captain McGuire's Company, attached to the 16th Regiment, commanded by Col. William Grayson; that he was afterwards promoted to a lieutenancy and attached to Capt. Thomas Bell's company in the same regiment, the said McGuire having resigned. The said Samuel Bell was at the battles of Brandywine, German Town, Guilford Courthouse, and Hot Water, in which (last) he was wounded in eight or nine places and taken prisoner, and afterwards taken by the enemy to Williamsburg and paroled and continued in the army to the end of the war as a supernumerary officer. Said Bell died in the town of Staunton in year 1788. Jackson's River, May ye 15th, 1755. Dear Brother:--I have been stopping here several days in purchasing of provisions. I have purchased as much grain as will serve three months, but will have a great deal of deficiency in getting of meat. I propose to march in ye Narrows towards Greenbrier. 516 I think I shall get to Marlings in two days, where I purpose to construct a small fort. I hope you will be so kind as to remind Mr. Jones to bring pay for my company from Colonel Wood as often as he has an opportunity, which he promised to do. I have nothing that is new to aquaint you of. I am, dear brother, your most affectionate and very humble servant. (Signed) Andrew Lewis. P. S.--If you see Mr. McNeal, pray hasen him to me. 19th March, 1793.--James Brownlee deposes: That John Brownlee, aged about 78 years, is a material witness. ORDERS OF COURT. Augusta, 1758. To Mr. John Madison, in Augusta.--November 2, 1758. Dear Sir:-- I wrote you last night by Mr. McMahon. I have nothing to add but that I have sent you, per Ned, as many peaches as cost 6/3, beside what is in a bag. You will readily know by the color of them that they were bought of persons of the same hue. I hope Mrs. Madison will excuse the bad choice, as my cousin, Ned, gave me but an hour to provide for him. Those in a small bag and the apples my wife compliments your children with. I wish them safe to hand and have ordered Ned to make two days' journey home. I think the peaches are too heavy for his horse to carry them home in one day. I hope you will approve of the orders. I am, with the same respect as usual, yours, &c. (Signed) James Madison. P. S.--I am too lazy and lame to go to the other house at this time of night for more paper--30 past 8 precisely. To Thomas Walker, Esq.--Old Town, August 30th, 1760, Dear Sir:-- The answer given me by Mr. Hoops, to my account, pasturage of cattle in 1758, greatly surprises me. He tells me the account is out of time, the charge is exorbitant, and that he don't believe that the pasturage was had. It is very extraordinary that a man of his forbearance should be cut out of his money. As to the rate charged, it is the same paid me daily, and as to the number of cattle and, sheep charged, it is not a fourth part of what were pastured that year by me, Mr. Galbraith only signing a certificate for those last taken away, without allowing anything for what were killed the whole summer for the garrison at Fort Cumberland. As I always looked on you as a gentleman of an established good character, I cannot think you will agree to an act of injustice. Therefore hope you will order the payment of this account and prevent my giving you any trouble, that on its not being discharged I must, in justice to myself, do, and which would be very disagreeable to me. At the time the cattle were brought to my plantation, there was above 60 acres of meadow fit to mow, as good as ever scythe was put into, besides 60 acres of exceeding good pasture, and they had the full swing of the whole plantation. If I am obliged to make use of any means to right myself, which may not be agreeable to you, hope you will excuse me, as I choose rather to seek justice in Virginia than in Pennsylvania. I am, sir, your most humble servant. (Signed) Thomas Cresap. To the Worshipful the Justices of Augusta: The humble petition of Terrence Carbarry sheweth: That your petitioner was brought a servant into 517