Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court October 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 28, 2007, 5:17 pm Source: Annals Of S W Virginia Written: October 1771 At a court held for Botetourt County the eighth of October, 1771. Present: John Bowyer, Israel Christian, William Christian, Williem Fleming and Stephen Trigg, Gentlemen. Christopher Vineyard proved a certificate for 522 lbs. of hemp, which is ordered to be certified. On the motion of James McCalister agst. Alice Pield, his servant, it is the opinion of the court at her request, that she serve him two years after the expiration of the term of apprenticeship for his trouble and expence for taking care of her when sick. Robert McEllany proved a certif. for 2569 lbs. of hemp, which is ord. to be certfd. John Madison do. 1642 do. Benjamin Hawkins do. 455 do. Jonathan Whitley do. 2029 do. Jacob Packson Plff. ) agst. ) In Case John Potts Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Henry Cartmill, Francis Dougherty, James Millihen, Richard Mays, Thomas McFarran, John Taylor, Richard Ritchie, Josiah East, Samuel Pepper, William McMurray, William Walker, & Robert McClenachan, who retd. a verdt. in favor of deft. Judgt. accdgly. & costs. Ord. that William McAfee bo taken into custody till he shall give security to indemnify for the charge of Mary Welches bastard child, it appearing that he is the father thereof, and that Church Warden to bind out the child according to law. Pat McDonald Plff. ) agst. ) In Trespass-Asaault & Battery Robert McClenachan Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Jeremiah Pate, Leonard Hall, James Montgomery, William Thompson, Joseph How, William Crawford, James Barnett, Matthias Yokum, Samuel Scott, Samuel McRoberts, James Montgomery & Walter Stewart, who retd. verdt. in favor of plff. and fifty shillings. Judgt. accdgly. & costs. Robert Galloway Plff. ) agst. ) John Inglish Deft. ) This day came the parties by their attornies & thereupon also came a jury, towit: Daniel Trigg, Samuel Peper, Reese Bowen, Peter Sivery, John Cox, Malcom Allen, Jonathan Whitley, John Taylor, Edward Sharp, Samuel Gibson, Francis Dougherty & William McEllany, who retd. verdt. in favor of plff. for 18 /4. Judgt. accdgly. & costs. Ord. that William Sawyers and Frederick Edwards to view and report to the next court the nearest & best way from Fort Chisell to Welley's place & make report thereof to the court. Ord. that John Montgomery & .Walter Crocket do divide & allot to William and David Sawyers the tithables to work on the road of which they are overseers. Ord. that the hands on Plum Creek be added to Major Inglishes Company to work on the road from New River to the Seven Mile tree. George Taylor and William Boyles to be added to John Craig Company and taken from William Kavnnaugh, John Gresson & Garrett Manefield and all the tithables in their families to work under William Sawyers on the main road and discharged from working under William Inglish. Ord. that this court be adjd. till tomorrow morning, eight o'clock. John Bowyer At a court held for Botetourt County the ninth day of October, 1771. Present: William Preston, John Bowycr, Israel Christian and John Maxwell, Gentlemen. In Trespass-Assault & Battery. Esquire Gatliff Plff. ) agst, ) Joseph Smith Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: John Dean, Josiah East, Robert Kirkham, Edward Farish, Robert Whitley, John Collior, Richard Maze, Robert McClcnachan, Thomas McFarnan, John Potts, Joseph Long and James Meliron, who retd. verdt. in favor of the plff. for five pounds & one penny. Judgt. accdgly. & costs. Colonel Andrew Lewis proved a certificate for 5240 lbs. of hemp, which is ord. to be certfd. Mal. Allen, Elizabeth Plff. ) agst. ) In Case Saml. Lindsey Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: William Thompson, Joseph How, Samuel Peper, William Sawyers, Samuel Crocket, Jacob Lorton, James Templeton, Robert Morfatt, Michael Woods, James McAfee, John Taylor and James Montgomery, who retd. verdt. in favor of deft. Judgt. accdgly. & costs. Memorandum: At the trial of this cause the defendant offered Hugh Means as a witness, who was requested, from which opinion John Bowyer and William McKee dissented, nothing in this opinion appearing to the court to disqualify him, entered at defendant's request. Frederick Francisco prvd. certif. for 977 lbs. of hemp. Michael Francisco do. 241 lbs. do. ordered to be certfd. David Dryden. do. 365 lbs. do. John Thompson do. 2200 lbs. do. John Dean took the oath of his Majesty's Person & Govt., repeated & subscribed the test, & took the oath of a Lieutenant in Captain John Robinson's Company. Ordered that Catharine Palmon serve James Burnsides, her Master, one year after her present servitude for having a bastard child. Ordered that this court be adjd. till tomorrow morning, eight o'clock. John Bowyer At a court held for Botetourt County the tenth of October, 1771. Present: John Bowyer, Francis Smith, John Bossermnn, & William McKee, Gentlemen. James Laurence Plff. ) agst. ) In Case Christopher Bryant and Ux Deft. ) The demurrer argued and overruled, whereupon the jury was sworn to enquire of damages, towit: John Collier, Will McMullin, James Snodgrass, Geo. Burdwell, Thos. Prothers, Saml. Walker, Thos. Willson, Robert Whitley, John Skelton, Saml. Woods, Abraham McClelan & Saml. Davis upon their oath do say that the defendants are guilty. Damages assessed at two pounds, five shillings. Judgt. accdgly. and costs. Martha Gatliff, Plff. ) agst. ) In Case Jonathan Smith, Deft. ) This day came the parties by their attorneys & thereupon came also a jury, towit: Joseph Philips, John Hanly, Moses Collier, Robert Kirkham, John Wallace, Arthur Hubeson, Robert McClenachan, William McClenachan, Arthur Brumley, Simon Deheart, William Trimble, & John Stewart, who retd. verdt. in favor of the deft. Judgt. accdgly. & costs. John Mills, Junr., proved a certificate for 1400 lbs. of hemp, which is ordered to be certified. James Matthews Plff. ) agst. In Case ) Walter Stewart Deft. ) This day came the parties by their attornies k thereupon came also a jury, towit: William Ritchie, Robert Bowen, James Ritchie, Reese Bowen, Samuel McFarran, Samuel Robinson, Hugh Calbreath, Alexander McDonald, John Logan, Hugh McNeill, John Nicholas and Moses Cellior, who retd. verdt. in favor of plff. for L7. Judgt. for same & costs. Francis Smith, Deputy Surveyor under Colonel Preston, entered with John Bowman, Gent., this eleventh day of June, one thousand seven hundred and soventy one, acres of land on Back Creek above the entry made by Alexander Boyd, chiefly on the south side of the sd. Creek, & ord. to be recorded. Ordered that the Sheriff summons four and twenty freeholders to serve as a Grand Jury at November Court next. Ord. that this et. be adjd. till tomorrow morning, eight o'clock. John Bowyer At a court held for Botetourt Court County the eleventh of October, 1771. Present: Robert Breckenridge, William Preston, Israel Christian & John Howard, Gentlemen. John Taylor's Negro boy Peter adjudged to be eleven years old and ord. to be recorded. Ord. that John Mills & Andrew Boyd and William Cross do view the road up James River by Colonel Skillern's plantation & report the conveniences & inconveniences to the next court. Saml. Pepper agst. John Taylor upon a petition for a road Shopples Creek to New River the parties being fully heard it is ordered that a former report be confirmed and the road therein mentioned established, from which judgment Saml. Pepper prays an appeal to the next Gl. Court, which was granted him, whereupon he with Ed Winston and Saml. Woods entered into bond in the sum of one hundred pounds as the law directs. John Bowyer prvd. a certif. for 1648 lbs. of hemp. John Stewart, Plff. ) agst. ) In Trespass Saml. McRoberts, Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: George Burdwell, Joseph Crabb, Robert Bowen, Francis Dougherty, John Litton, William Walker, William Boyd, John Handley, Jacob Young, William McPherson, Patrick Lowry & Archibald Handley, who retd. verdt. in favor of the pllf. for damages of forty shillings & one penny. Judgt. for the same & costs. Ordered that Andrew Henry be appointed Surveyor of the road in the room of Thomas Rowland, who is dischd. from that office. On the motion of Patrick Lockhart, it is ordered that licence be granted him to keep an ordinary. Bond entered into with Thomas Madison, his security, and conditioned as the law directs. On tho motion of Gabriel Smithcrs, it is ordered that licence be granted him to keep an ordinary. Bond entered into with David May, his security, & conditioned as the law directs. Ordered that the Sheriff take James Williams into custody until he shall give security to the Church Warden of Botetourt Parish for the maintenance of Katharine Palmers, bastard male child, now at her breast, for which he is the father, as appears by her oath. Willm. Simpson, Plff. ) agst. ) In Case Willm. Herbert, Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Joseph Cloyd, Samuel Woods, Matthew Rolston, John Harry, James Gillis, John Potts, David Little, Daniel McNeill, William Trimble, Alexander Henly, John Stewart, and Francis Guthrie, who retd. a verdt. in favor of the plff. Upon motion of deft., by his attorney, a new trial is granted him on his paying the costs of this day's trial. Isaac Bolinger Plff. ) agst. ) Trespass on the Case Patrick McDonald Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: George Burdwell, Joseph Crabb, Robert Bourn, Francis Dougherty, John Littin, William Walker, William Boyd, John Hanley, Jacob Young, William McPherson, Patrick Lowrey, and Archibald Hunley, who retd. a verdt. in favor of the plff. for seven pounds, thirteen shillings and six pence. Judgt. accdgly. & costs. Ord. that the court be adjd. till tomorrow morning, seven o'clock. The minutes of these proceedings were signed by John Bowyer At a court continued and held for Botetourt County the 12th of October, 1771. Robert Breckenridge, William Preston John Bowyer, John Howard & Francis Smith -Gent, Justices Ordered that the court be adjd. till the court in course. The minutes of these proceedings were signed by Robert Breckenridge At a court held for Botetourt County the 29th of October, 1771 for the examination of Patrick McKensey on suspicion of his feloniously entering in the nighttime the house of Thomas Rowland and stealing from thence sundry goods to the value of nine pounds. Present: Robert Breckenridge, William Preston, Israel Christian, Benjamin Hawkins, and Andrew Woods, Gent. Justices. The sd. Patrick being arrainged for the felony aforesaid pleaded not guilty, whereupon sundry witns. were sworn & examined and the prisoner heard in his defence. On consideration whereof it is the opinion of the court that he is guilty thereof and that he ought to be tried for the same in the General Court, and he is remanded to goul. Thomas Rowland, David Laird and Samuel Crawford came into court and acknd. themselves severally indebted to our Sovereign Lord King George the third by the Grace of God, & in the sum of fifty pounds of their respective goods & chattels, lands & tenements, to be levied, and our said Lord and the King and his successors rendered. But upon this condition: that if they respectively shall appear before the Justices of the next Court of Oyer and Terminer, to be held at the Capitol, in the City of Williamsburg, on the second Tuesday in December next, then and there to give testimony in behalf our said Lord the King against Patrick Kenny, then this recognizance to be void. Ord. that the court be adjd. till court in course. This proceeding was signed by 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/minutes31gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 13.9 Kb