Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court August 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, 11:21 pm Source: Annals Of Sw Virginia Written: August 1770 At a court held for Botetourt County the 14th August, 1770. Present. Andrew Lewis, Israel Christian, Robt. Breckenridge and Benjamin Hawkins, Gent. Ord. that the Church Wardens bind William Smith, a bastard child of Elizabeth to John Ballar, accdg. to law. This court doth appoint John Beard Constrable on the Cow Pasture in the room of Richard Mayes, who is dischd. from that office. This court doth appoint William McBridge Overseer of the Road from Poge's by William McBride's Shop to the main road between Barley's and Brown's, and it is ord. that the tithables within two miles of the said road do work thereon. It is ordered that this court be adjd. till three o'clock. The minutes of these proceedings were signed by John Bowyer At a court of Oyer and Terminer held at Botetourt Court House the 14th day of August, 1770 for the trial of Will, a Negro Man slave belonging to John Bowman, for Felony. Present. Andrew Lewis, Philip Love, Robt. Breckenridge, William Herbert, William Preston, Benjamin Estill, John Bowyer, William McKee & James Trimble, Gent. The said Will being led to the bar in custody of the Sherif, Luke Bowyer, Attorney for our Lord the King comes into court & gives the Justices to understand and be informed that Will, a Negro Man slave belonging to John Bowman, not having the fear of God before his eyes, but being moved & seduced by the instigation of the Devil, on the twentieth day of July, in the tenth year of the Reign of our Sovereign Lord King George the third, at the Parish of Botetourt, in the County aforesaid, with force and arms, feloniously did make an assault upon Elizabeth Gray, wife of Walter Gray, of the age of about twenty five years, then & there being in the Peace of God, & did ravish and carnally know the said Elizabeth Gray against the will and without the consent of her the said Elizabeth, against the Peace of our said Lord the King, his Crown and Dignity, & contrary to the form of the Statute in such case made & provided. And thereupon it being demanded of the said Will whether he was guilty of the felony aforesaid or not pleaded that he was not thereof guilty, and for his trial according to the form of the Act of Assembly puts himself upon the judgment of the court. And the said Elizabeth being sworn and examined and the said Will heard in his defence, on consideration whereof it is the opinion of the court that the said Will is guilty of the felony aforesaid. Thereupon it is considered by the court that he be hanged by the neck untill he be dead. And it is ordered that the Sherif carry this judgment into execution on Saturday the twenty fifth of this instant between the hours of ten and twelve o'clock in the forenoon. This court doth value the aforesaid Will to sixty five pounds, which is ordered to be certified. Ord. that this court be adjd. The minutes of these proceedings were signed by Andrew Lewis At a court continued the aforesaid 14th of August, 1770. Present. Andrew Lewis Benjamin Estill, William Preston & John Montgomery, Gent. On the motion of Patrick Mahon, it is ord. that his three tithables, towit: be added to the list taken in this County for this present year. On the motion of George Nicholas, it is ord. that he be exempted from the payments of levies so long as he shall keep his son from being chargeable to the Parish. A report being made, it is ordered that a road be established agreeable thereto from William Robinson's to the head waters of Catawba, and it is further ord. that the Overseer of the Road do open the same k keep it in repair with the tithables belonging to that Precinct. Ordered that George Pogue, Samuel Lawrence & James Robinson do view the way by Michael Kirkham's to the Pedlar Ford on James River and make a reutn [sic] of the conveniences and inconveniences attending the same to the court. Samuel Todd, Guardian of James Janet & Alice Young, orphan children of Patrick Young, decd., comes into court & on his motion is dischd. from the said Guardianship, and thereupon the court doth appoint John McMurtry, Guardian to the said orphans, in the room of the said Samuel, who together with John Collier and John Ellison, his securities, entered into & acknd. their bond in five hundred pounds. Ord. that this court be adjd. till tomorrow, 8 o'clock. The minutes of these proceedings were signed by Andrew Lewis At a court held at Botetourt Court House for the examination of Colley Logan and Margaret Logan for felony the 15th August, 1770. Present. Andrew Lewis, Is. Christian, John Bowman, Robert Breckenridge, Wm. Fleming, Philip Love, John Bowyer, James Trimble, John Montgomery, William MeKee & William Herbert, Gent. The said Colley Logan & Margaret Logan being led to the bar and arraigned of feloniously breaking and entering the house of Jacob Cleck and stealing thereout sundry pieces of silver of the value of between thirty and thirty five shillings, pleaded that they were not guilty, whereupon sundry witnesses being sworn and examd. & the sd. Colley & Margaret heard in their defence. Upon consideration whereof it is the opinion of the court that they are not guilty as in pleading they have alleged. And nothing further appearing or being alledged against them, it is considered that they be acquitted of the felony aforesaid and discharged out of custody. Ordered that this court be adjourned. The minutes of these proceedings were signed by Andrew Lewis At a court held for Botetourt County the 15th August, 1770. Present. Andrew Lewis, Is. Christian, Philip Love, Robt. Breckenridge James Trimble, Wm. McKee, John Bowyer, Wm. Fleming & John Montgomery, Gent. Ord. that William Bryans and James Bryans being first sworn before a Justice of the Pence for this County do value the improvements made on one hundred and sixteen acres of land belonging to Andrew Lewis on Roanoke River and make report thereof to the court. And that John McClenchan and Thomas Fitzpatrick, being sworn before one of the said Justices, do value the improvements made on one hundred and seventy five acres of land on Cedar Creek belonging to the said Andrew Lewis, and make report thereof to the court. Ordered that the Church Wardens bind out James Nowland, a bastard child of Margaret Nowland, according to law. Moses Cavctt, Plff. ) Against ) In Case Hugh Allen, Deft. ) This day came the parties by their attornies, & thereupon came also a jury, towit: George Patterson, Josiah Huntsman, John Willson, John Wallace, Halbert Allison, John Allison, William Lawrence, William Curry, David Smith, Jonas Ervin, James Allison & James McKee. One of the jurors withdrawn by consent of the parties, jury discharged from rendering their verdict, and the plff. not further prosecuting, on the motion of the deft., it is ordered that this suit be discontinued, and that plff. pay to deft, his costs by him about this defendant in this behalf expended. Ord. that Matthew Arbuckle, Robert Gelaspy, Jno. Robinson & William Hugart do view the way from Jacob Persinger's to the forks of Dunlapps Creek & make a report to the court of the conveniences & inconveniences attending the same: Ord. that this court be adjd. till tomorrow, 8 o'clock. The minutes of these proceedings were signed by Wm. Preston At a court held for Botetourt County the 16th of August, 1770. Present. John Bowyer, William Fleming, John Bowman, James Trimble, Philip Love, William Herbert and William McKee, Gent. Ordered that John Murray, John Cowarden & William Matthews, being first sworn before a Justice of the Peace for this County, do value the improvements made on two hundred & twenty five acres of land lying on the Short Hill in the forks of James River belonging to George Taylor, & make report thereof to court. James Cain, Plff. ) vs. ) In Trespass— Assault & Battery. Michael Cloyd, Dft. ) This day came the parties by their attornies & thereupon came also a jury, towit: William Mann, Wm. Lawrence, Jas. Hutchison, Michael Woods, Wm. Campbell, John Ward, Howell Dowdy, Chas. Gatliff, John Hewit, Wm. Anderson, Jas. Bailey, & James McConnell. Retd. verdt. for plff and assessed damages at two pounds & one penny, besides his costs. Judgt. accdgly. Ciscilia Andrews, Plff. ) vs. ) In Trespass— Assault & Battery William Herbert, Dft, ) Jury sworn, towit: Jas. McCorkle, John Hanna, David Smith, Jonathan Smith, Henry Smith, Thomas Stockton, James McGee, James Gant, Saml. McDonald, Wm. Webb, Nicholas Gentry & Halbert Allison retd. verdt. that the dft. was not guilty & that deft. recover against plff. his costs by him about his defence in this behalf expended. Ord. that John Bowyer & Stephen Trigg do view the prison of this County & make a report thereof to the court. John Bowyer & Stephen Trigg reported to the court that they had agreeably to their order viewed & examd. the workmanship of the prison & found it compeatly finished except as to the locks. Whereupon the court received the same from Robert Clark. Ord. that the Surveyor of this County do immediately lay off ten acres of land including the prison for the bounds. Israel Christian, Plff. ) vs. ) In Case Samuel Newberry, Deft. ) This day came the plaintiff by his attorney & thereupon came also a jury, towit: John Hanly, Wm. Lawrence, Jas. Hutcheson, Michl. Woods, Wm. Campbell, John Ward, Howell Dowdy, Charles Gatliff, John Hewit, Wm. Anderson, Jas. Bailey & James McConnell retd. verdt. for plff. for nine pounds, ten shillings & a penny half penny, besides his costs. Judgt. accdgly. Ordered that Is. Christian, James Trimble & Benjamin Hawkins be recommended to his Excellency the Governor as fit persons to execute the office of Sherif in Botetourt County, from which order Wm. Preston, John Bowyer, John Howard, Robert Breckenridge & Wm. McKee entered their dissent. Ordered that Joseph Carpenter, Thomas Kelly & John Crawford do view the way leading from John Craffords to Peter Wrights on James River and make a report of the conveniences & inconveniences attending the same to the court. Ordered that William Foster, John Morrow & William Matthews view the ford at Paxton's & the ford at McGlusstors and also the way leading therefrom to the main road and make a report of the conveniences & inconveniences attending the same to the court. Upon the motion of Patrick. McDonald, a licence is granted him to keep on ordinary at his house on the lott purchased of the County. Ord. that John Bowyer and William Fleming settle with Augusta Court for the money due from that County to the County of Botetourt and receive the same. Ord. that this court be adjd. till court in course. The minutes of these proceedings were signed by John Bowyer 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/minutes22gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 12.4 Kb