Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court May 1770 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com March 26, 2007, 10:07 pm Source: Annals Of Sw Virginia Written: May 1770 At a Court held for Botetourt County the 8th of May, 1770. Present. Andrew Lewis, William Preston, Israel Christian, Philip Love, Stephen Trigg, Robert Breckenridge, John Bowyer, William Ingles and John Montgomery, Gent. The Grand Jury summoned by the Sherif appeared in court and were sworn, towit: John McFarran, Samuel Walker, Wm. McClanachan, James Neelly, Samuel Crocket, Patrick Shirkey, William Paxton,, James McClure, John Craig, Arthur McClure, John Collier, Moses Collier, William Gilispie, Samuel Lawrence, Matthew Arbuckle & George McAfee retured and presented the following persons: Catharine Whitley, alias Brush for having a base born child. Elizabeth Snodgrass for the same. William Mann for beating his servant man unlawfully. Richard Riley and Mary Ann Whitaker for unlawfully cohabiting together. The Surveyor of the Road from Rennick's place to Barclays Mill for not keeping the road in good repair. Alexander McGee & Sisser Andrews for unlawfully cohabiting together. Sesstill Andrews for having a base born child. The Surveyor of the Road from Barcley's Mill to Buffaloe for not keeping the road in good repair. Gopher Carpenter for unlawfully keeping Moses Watkin's wife. Ordered that process issue against these several persons afore presented respectively returnable here at the next court. Nathaniel Evans proved a certificate accdg. to law for four thousand five hundred pounds winter rotted hemp made on his plantation in this County, which is certified to his Excellency the Governor. George Campbell the same for six hundred and nineteen pounds of hemp. John McClure the same for two thousand three hundred and eleven pounds of hemp. Andrew Smiley the same for thirteen hundred and forty two pounds of hemp. William Hall proved certif. acedg. to law for six hundred and seventy five pounds of hemp which is certified to his Excellency the Governor. Thomas Reed the same for thirteen hundred & fifty eight pounds of hemp. Henry Coleman the same for 26C, 1Q, 26 lbs. of hemp for Colo. Lewis. Edward Kenny the same for twelve hundred and seventy nine pounds of hemp. James Montgomery the same for thirteen hundred and fifty three pounds of hemp. David McGee the same for six hundred & sixty pounds of hemp. James Lawrence the same for three thousand six hundred and forty nine pounds of hemp. David Robinson the same for twelve hundred & eighty five pounds of hemp. John Greenlee the same for three thousand four hundred & fifty six pounds of hemp. William Robinson the same for twelve hundred & seventy four pounds of hemp. William Preston, Extor. of John Buchanan, decd., the same for thirteen hundred and six pounds of hemp. The Court doth appoint Roger Topp, Surveyor of the Road from the New River Ferry to Pigg Creek and the hands convenient to work under him. The Court doth appoint Moses Collier Surveyor of the Road from Michael Gerkham's to the Ford at Hall's in the room of James Davies, who is discharged from that office. Upon a motion made by Cissilia Andrews against William Herbert for Freedom Dues, continued till next court. And a certificate of her Freedom granted her. William Herbert produced Captain's commission in the Militia, took the usual oaths to his Majesty's Person & Govt., repeated & subscribed the test & also took the oaths of a Justice of the Peace, of a Justice of the County Court in Chancery & of a Justice of Oyer & Terminer. Ordered that Benjamin Hawkins & Samuel McRoberts appoint the tithables to work on the road under Ro. Finley. Ordered that Abraham Brown, Peter Wallace, John Paxton, Richard Woods & John Bowyer or any three of them do view the way round the Poplar Hills from John Paxton's to Buffaloe Creek and report the convenience to the next court. Ordered that the Surveyor of Botetourt County lay off ten acres of land immediately for prison bounds where the court now sits. Benjamin & Elizabeth Kirkham, infant orphans of Henry Kirkham, deceased, have leave of the court to choose Daniel Evans their Guardian, who together with James Lawrence and John Collier, his securities, entd. into and acknd. their bond in the penalty of five hundred pounds Ord. that the ct. be adjd. till tomorrow morning, eight of the clock. The minutes of these proceedings were signed. Andw. Lewis. At a court held for Botetourt County the 9th of May, 1770. Present. Robert Breckenridge, John Bowyer, Israel Christian, Wm. Ingles, William Herbert, John Montgomery, Wm. Christian & Stephen Trigg, Gent. Benjamin Hawkins took the usual oaths to his Majesty's Person & Govt., repeated and subscribed the test, took the oath of a Justice of the Peace, of a Justice of the County Court in Chancery, & of a Justice of Oyer & Terminer. Thomas Mastin took his usual oaths to his Majesty's Person & Govt., repeated & subscribed the test, & took the oath of Deputy Sherif of this County. Indentures of lease & release from Andrew Boyd to William Ingles & David Robinson proved by two witns. William Ingles produced a Major's commission in the Militia and took the usual oaths to his Majesty's Person & Govt., repeated & subscribed the test. The court directs two and an half acres of land part of forty five acres given up by Capt. Is. Christian to the County to be laid off by the Surveyor as shall be directed by Robert Breckenridge, Wm. Fleming, Francis Smith, Benjamin Smith & Andw. Woods or any three of them the aforesaid Gent, point out the place where the court house and prison shall be built to the workman and the same persons to direct the Surveyor to lay off thirty half acres lots as they shall judge most for the benefit of the County out of the aforesaid forty five acres to be sold for the benefit of the County. David Mitchell agst. Thomas Stockdon, In Trespass. Jury sworn, towit: Malcom Allen, Samuel Linsey, David Galloway, John Allison, John Adams, Henry Dougherty, John Potts, Michael Price, James Lidderdale, George Patterson, James Skeggs, & Robert Findley red. verdict against deft., and ass plff.'s damages at 2L:10. Judgt. accdgly. & costs against deft. William Bates vs. John Bowman, In Case. Jury sworn, towit: William Webb, Samuel Woods, Thomas Stockdon, David Stockdon, John Hochdon, John Willey, Alexander Armstrong, William Crow, Michl. Woods, Jacob Lorton, James Harrold & Robert Breckenridge retd. verdict deft, not guilty as charged, and plff. decreed be in mercy &c. for his false clamor, and the deft, go thereof hence without day and recover against the plff. his costs by him about his defence in that behalf expended. Ordered that the court be adjourned till tomorrow morning, eight of the clock. The minutes of these proceedings were signed. Wm. Preston At a court held for Botetourt County the 10th of May, 1770. Present. Israel Christian, Philip Love, William Ingles & William Herbert, Gent. This court doth appoint James McDonald Constable for the upper settlement on New River and Wallin Bottom. This court doth appoint Jeremiah Doty Constable on New River near the Mines in the room of Jeremiah Price, who is discharged from that office. This court doth appoint Frederick Edwards Constable on Reed Creek in the room of John Stephens, who is discharged from that office. On the motion of James McGavock and James McDowell a licence is granted them to keep an ordinary at their house at the Court House for and during the term and time of one year from this date and from thence till the next court to be held for this County, who together with Thomas Madison their security cntd. into & acknd. bond conditioned as the law directs. Ord. that Bryan McDonald, John McRoberts, James Snodgrass, James Rowland, James McAfee, Junr., or any three of them, being first sworn, do view the way from the Court House to the first ford on Catawba and report the nearest & best way to the court. Ordered that Walter Crocket and John Crocket be added to the order of court for viewing the way from New River by the head waters of Peek Creek through the cove to Kitterings Mill. Ordered that the Sherif employ workmen to build stocks for this County who are to bring in their charge at the next laying the levy. The court doth settle the wages to be paid to the persons who have been and shall be summoned as guards upon prisoners at 31 for every twenty four hours and so in proportion for a greater or less time. Ordered that William Christian take the list of tithables on James River and the pastures from the mouth of Craig's Creek upwards including Green Brier settlement. William McKee from the County line to Buffaloe Creek from mountain to mountain. Benjamin Estill from the south side of Buffaloe Creek to James River from mountain to mountain. Stephen Trigg on Craig's Creek Catawba and the waters thereof. Andrew Woods from the waters of Catawba down James River and up the mountain to the Stone House including the Cove and Tinkers Creek to the head. John Bowman from the Stone House to the Bedford line and between the mountains as high as Fort Lewis. Philip Love from Fort Lewis to the head of the South and North Fork of Roan Oak. William Ingles on New River and the waters thereof on both sides as high as Sayer's. William Herbert on New River and the east side thereof to the line, also on Cripple Creek as high as Hamiltons. Walter Crocket from Sayer's to the head of Reed Creek. Robert Doake from the head of Reed Creek to Stalnakers. Anthony Bledsoe from Stalnakers to the lower inhabitants including Clinch Settlement. Ordered that the court be adjd. till court in course. The minutes of these proceedings were signed. Wm. Preston Additional Comments: Annals of Southwest Virginia 1769-1800 BY LEWIS PRESTON SUMMERS Member of American Historical Association, Virginia Historical Society; Alumnus University of Virginia and Tulane University (Louisiana); Member American Bar Association, Virginia State Bar Association Author of HISTORY OF SOUTHWEST VIRGINIA 1740-1786 WASHINGTON COUNTY VIRGINIA 1777-1870 PUBLISHED BY LEWIS PRESTON SUMMERS ABINGDON, VIRGINIA 1929 COPYRIGHT, 1929, BY LEWIS PRESTON SUMMERS MANUFACTURED COMPLETE BY THE KINGSPORT PRESS KINGSPORT, TENNESSEE United States of America File at: http://files.usgwarchives.net/va/botetourt/court/minutes20gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 11.1 Kb