Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court May 1771 ************************************************ 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 27, 2007, 11:58 pm Source: Annals Of S W Virginia Written: May 1771 At a court held for Botetourt County May fourteenth, one thousand seven hundred and seventy one. Present: John Bowyer, David Robinson, William Inglish and Robert Drake, Gentlemen. John Poage, Junr. proved a certificate for four hundred and forty nine pounds of hemp, which is ord. to be recorded. John Huston same for one thousand one hundred & thirty three pounds of hemp, which is ord. to be certfd. William Logan the same for seven hundred & seventy six pounds of hemp. James Montgomery the same for three thousand, four hundred and ninety pounds of hemp. Caleb Worley the same for four thousand six hundred and thirteen pounds of hemp. John Crawford the same for one thousand two hundred and fifty pounds of hemp. Thomas McFarren the same for five hundred and fifty two pounds of hemp. Malcom Allen the same for five hundred fifty five pounds of hemp. James Dyden the same for nine hundred & sixty three pounds of hemp. Hugh Mars the same for eight hundred and sixty seven pounds of hemp. Thomas Ratliff the same for five hundred and seventy five pounds of hemp. Martin Kizer the same for five hundred and sixty two pounds of hemp. Moses Cunningham the same for six hundred and seventy two pounds of hemp. George Sally the same for two thousand nine hundred thirty five pounds of hemp. Solomon Whitley proved a certificate for one thousand three hundred and six pounds of hemp. Benjamin Estell the same for one thousand nine hundred and ninety five pounds of hemp. William Bowen the same for two hundred pounds of hemp. Rachel Bowen the same for two certificates, one for eight hundred and twenty pounds of hemp, the other for seven hundred and forty six pounds of hemp. Capt. David Robinson the same for sixteen hundred pounds of hemp. Patrick Lowry the same for two thousand one hundred and twenty one pounds of hemp. Ordered that William McMurray continue Overseer of the Road he formerly was till he puts the same in good repair. The Grand Jury appeared in court & were sworn, towit: Robert McFarren, Joseph Cloyd, George Poage, Matthew Arbuckle, John Looney, Samuel Robinson, Walter Stewart, James McCoun, John Collier, John Summers, John Poage, John Taylor, James McAfee, William McEllany, Isaac Taylor, John M. Mill returned and presented the following persons, towit: George Aston for beating & abusing Edward Springer on the nineteenth of April, one thousand seven hundred and seventy one. Robert Finley for not keeping the road of which he is Surveyor in repair. A report of a road being made & returned by George Poage, Samuel Laurence, James Cloyd, James Robinson, & James Gilmore agreeable to an order of March court, it is ordered that the same be established accordingly. James Cloyd & Edwd. Farish appointed overseers of the same & the tithables within five miles on each side to work thereon & at the end of the road to attend them. Charles Givin came into court and it being proved to the court that his left ear was bitten off by Francis McDonald, it is ordered that the same be entered on record. A report of a road being made by William Thompson and Joseph How agreeable to an order of March court, ordered that the same be opened and cleared from Michael Price's to John Taylor's on New River and established according to law. It is further ordered that John Hill be appointed overseer from Michael Price's to John Taylor's on New River, & that the people near the said road assist in working on the same. Ordered that John Craig be appointed Constable in the room of Abraham Chrisman, who is discharged from that office. James Abbett in the room of James Buggam the same order as next above. John Todd took the usual oaths of his Majesty's Person & Government, repeated & subscribed the test, & also took the oath of an Attorney for Botetourt County. Ordered that John Collier & James Laurence, securities for Daniel Evans, securityship of the estate of Elizabeth and Benjamin Kirkman, orphans of Henry Kirkman, decd., take into their possession all the estate belonging to the said orphans, they having complyed with the law in legally summoning the said Evans. It is further ordered that the said John Collier and James Laurence give security accdg. to law as they are appointed guardians in the room of the said Daniel Evans. It is ord. that John Crocket, William Thompson &, Joseph Howe & Samuel Scott or any three of them view the way leading from John Taylor's on New River to Buckhannon's place on Read Creek and make report of the conveniences & inconveniences to the next court. Ord. that John Looney be appointed overseer of the road in the room of John Mills, Junr. Ord. that this court be adjd. till tomorrow morning, nine o'clock. John Maxwell At a court held for Botetourt County the fifteenth of May, one thousand seven hundred and seventy one. Present: Israel Christian, John Bowman, William Herbert and John Maxwell. William McBeede proved a certificate for one thousand one hundred & twenty one pounds of hemp, which is ord. to be reed. Thomas Stockdon the same for one thousand five hundred and thirteen pounds of hemp. Thomas Moses Plff ) agst. ) In Case Charles Skeggs Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: James Burnsides, George McAfee, Samuel Woods, Stephen Rentfroe, Moses Collier, Edward Springer, Alexander Robinson, Thomas Rowland, Samuel McFarren, Thomas Willson, Zopher Carpenter and Joseph Gray, who retd. a verdt. in favor of the deft. Judgt. accdgly., costs to be paid by the plff. Ross, Plff. agst. Campbell, Deft. This day came the parties by their attornies & thereupon came also a jury, towit: Thomas Willson, John Little, Joseph Gray, Stephen Rentfroe, Thomas Rowland, Samuel McFarren, Alexander Robinson, Evan Galbreath, George Clarke, Moses Collins, Thomas McFarren and Edward Springer, who being elected, tried and sworn the truth to speak upon the issue joined upon their oath do say (All the rest of this order is omitted from the original record.) Roger Topp, Plff. ) agst. ) In Debt Saml. Ingram, Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: David Mitchell, Henry Francis, John Hewet, John McRoberts, Isaac Skeggs, James Hutcheson, Peter Beanon, William Gillaspie, Stephen Ornald, Calib Worley, Thomas Stock & William McElheny, who (all the rest of this order is omitted from the original record). Samuel McCorcle proved a certif. for one thousand one hundred & five pounds of hemp, which is ord. to be recd. Robert Breckenridge the same for eleven hundred eighteen pounds of hemp. Benjamin Hawkins proved a certificate for two thousand &, seven pounds of hemp, which is ord. to be certfd. Ordered that the Sheriff or any other sworn officer take Jacob Kittering into custody till he give security for his appearance here at the next court and in the meantime to be of good behaviour. Ord. that the Sheriff take William Ewing into custody for his contempt of the laws of the County till he find two securities to be bound in twenty five pounds each and himself in fifty pounds for his good behaviour for a twelve month and a day from this time. This day William Ewing came into court & acknd. himself indebted to our Sovereign Lord the King in the sum of fifty pounds, and William Herbert an- Henry Francis each in the sum of twenty five pounds, his securities, that he shall be at good behaviour for a twelve month and a day to be (rest of the order is omitted from the original record. Ord. that Samuel Laurence be apptd. Constable, in the room of John Galloway, who is dischd. from that office. Francis Fulton proved a certif. for six hundred & sixty five pounds of hemp, which is ord. to be certified. Henry McCurdy the same for 1554 lbs. of hemp. John Thompson produced a certificate for 127 lbs. Of ____, which is ord. to be certfd. James Snodgrass the same for 522 lbs. of hemp. Daniel Evans & Mary ) his wife Plffs ) agst, ) In Trespass-Assault & Battery Robert Kirkham ) This day came the parties by their attornies & thereupon came also a jury, towit: William Bowen, David Little, Rees Bowen, John Little, George Clark, William Laurence, William Trimble, Morris Collier, Gcorgo Burdwell, James Hollis, Joseph Gray & Robert Finley, who being elected, tried & sworn the truth to speak (rest of order from original record is omitted). It is ordered that William Inglish and David Robinson, Gent., do allot the tithables to each of the Surveyors to work on the road to John Taylor's and deliver to the said Overseers, to wit: Michael Price and John Hill, a list of the tithables so allotted. Ord. that Samuel Ingram be apptd. Surveyor of the Road from Majr. Inglish's to Peak Creek. Ord. that Walter Stewart be apptd. Surveyor of the Road in the room of William Robinson, who is dischd. from that office. James Cowden Plff. ) agst. ) In Case Joseph Cooper Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Malcom Allen, Samuel McFarren, John Potts, Robert Kirkham, Samuel Linsey, George Patterson, James Hutcheson, Josiah Huntsman, Samuel Woods, Thomas Rowland, Halbert McClure and Andrew Henry, who being elected, tried & sworn the truth to speak upon the issue joined, upon their oath do say (rest of order omitted). Ord. that this court be adjd. till tomorrow morning, eight o'clock. John Bowyer At a court held for Botetourt County the sixteenth of May, one thousand seven hundred and seventy one. Present: John Bowyer, Israel Christian, Philip Love and Walter Crocket, Gent. John Madison provd. a certif. for 1055 lbs. of hemp, which is ord. to be ccrtfd. Joseph Lapsly the same for 2287 lbs. of hemp. John Paxton the same for 5106 lbs. of hemp. Patrick Campbell the same for 2035 lbs. of hemp. William Laurence Plff ) agst. ) In Trespass Martin Kizer Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Walter Stewart, David Galloway, John Hanna, Thomas Stockdon, Thomas Mann, Robert Kirkham, Samuel Woods, David Gray, Richard McGee, John Cantley, James Edmiston & Thomas Read, who retd. verdt. in favor of the deft. Judgt. accdgly., costs to be paid by plff. Ord. that Alexander Hanley be apptd. Surveyor of the Road in the room of James Simpson, who is dischd. from that office. Pat McDonald Plff. ) agst. ) In Case Robert McClenachan Deft. ) This day came the parties by their attornics & thereupon came also a jury, towit: Caleb Worley, Hugh Allen, Hugh McNeill, Hugh Means, John Clark, George Clarke, Samuel Linsey, Joseph Looney, William Ritchey, Thomas McFarran, James Arbuckle & David Cloyd, who being elected, tried & sworn the truth to speak upon the issue joined, upon their oath do say that the deft, is not guilty as in pleading he hath alledged, and on the motion of the deft, by his attory, a new trial is granted him on his paying the costs of this day. Soloman Elliott Plff. ) agst, ) In Case Will Thornton Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Robert Finley, James Thompson, Alexander McDonald, Esquire Gatliff, Uriah Humphries, Reese Bowen, William Bowen, James Hutcheson, Abraham McClelan, Hugh McNeill, William Ritchie and Andrew Smithers, who retd. a verdict in favor of the plff. for L2.Bu.7. Judgt. accdgly. & costs. John Logan provd. certif. for 3136 lbs. of hemp, which is ord. to be certfd. Ord. that James Robinson & Hugh Crocket do view the way for a road from Peter Direley's by Carlton's house into the main road between the first crossing of McBaine's plantation and also from the lower end of Captain Robinson's field to Vause's and make report thdreof to the next court. Ord. that this ct. be adjd. till court in course. The minutes of these proceedings were signed. Robert Breckenridge Additional Comments: Extracted from: 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/minutes28gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 13.6 Kb