Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court September 1772 ************************************************ 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, 9:24 pm Source: Annals Of S W Virginia Written: September 1772 At a court held for Botetourt County the 8th of September, 1772. Present: John Bowyer, John Maxwell, Benja. Hawkins, Jns. McGavock & Jno. Robinson, Gent. Ordered that the church wardens bind out Sarah Smith, a bastard child of Jane Smith according to law. Ordered that the church wardens bind out Thomas Watson, an orphan child of Wm. Watson, to Smith Williams according to law. Ordered that Philip Love and John Bowman settle Peter Dierly's account of his administration of Wm. Palmer's estate & make report thereof to the court. Ord. that a road be established from Andrew Boyd's over a ford above Wm. Crow's near the old still house, and that the sd. Crow with the hands who now work under him do open & keep the same in repair. John Mann Plft. ) agst. ) -In Trespass Soloman Carpenter Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: William Wills, Patrick Shirkey, Conrad Wall, Wm. Myle, William Campbell, Samuel Woods, John Potts, Andrew Smithers, George Asten, Daniel Heith, David Robinson & John Doones, who retd. a verdt. in favor of the plff. for damages of twelve pounds. Judgt. aecdgly. & costs. Archibald Fisher, William Adams, Jonathan Harrison and Hugh McNeill having been summoned to attend this court as jurymen were solemnly called but came not. Therefore it is considered by the court that every of them be fined four hundred pounds of tobacco according to law for their contempt. John Bowyer retd. a certificate to court of his having made for John Trimble, Assistant Surveyor of this County, four entries of land, towit: four hundred acres on the north and cast side of the fork, survey on Jackson's and the Cowpasture Rivers, four hundred acres joining the lines of Dickerson's Meadows in the Falling Spring Valley and between the said lines and the Great Mountains, and four hundred acres on the north branch of Dunlop's Creek about two miles from the mouth of said creek nearly opposite to the Meadow Ground on the south branch of sd. creek. Ordered that William McMullen, Philip Barriger & Robert Ritchey, being first sworn do view the way from the foot of the mountain above Sifford's old place to the corner of Michael Price's field and report the best and nearest way to the court. John Caldwell, James McDonald and William Webb having been summoned to attend this court as jury men, were solemnly called but came not, therefore it is considered by the court that every of them be fined four hundred pounds of tobacco according to law for their contempt. Peter Davie, Assee. of ) Israel Christian, Assee. of ) Isaiah Vinsandt, Plff. ) agst. ) In Debt Benjamin Hawkins, Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Moses Collier, Geo. McAfee, Wm. Dale, Andrew Clark, Stephen Rentfroe, John Hewit, Wm. Leatherdale, Thomas Read, Joseph Woods, Wm. Fulton, William McMurray and James Snodgrass, who retd. a verdt. in favor of the plff. Judgt. accdgly., damages of eleven pounds, but judgment may be discharged by the payment of five pounds, ten shillings with interest from the first day of October, 1767 till paid and the cost. George Woolridge Plff. ) agst. ) In Trespass Isaac Taylor Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Wm. Thompson, James Bainbridge, John Mann, Abraham McClelan, John Litton, Samuel McRoberts, junior, James Alcorn, William Trimble, Joseph Moore, James Gillis, George Dougherty and Wm. McCellan, who retd. a verdt. in favor of the deft. Judgt. acedgly & for costs. Ordered that the court be adjd. till tomorrow morning, seven o'clock. The minutes of these proceedings were signed by John Bowyer At a court held for Botetourt County 9th of Septr., 1772. John Bowyer, John Maxwell, James Trimble and William Fleming, Gentlemen. William Christian presented in court two Negro boy slaves named Annibal & Pompey, imported into this colony. Whereupon the court doth adjudge their ages as follows, towit: Annibal, ten, and Pompey at nine years, which are ordered to be recorded. Isaiah, Negro boy belonging to Patrick Shirkey, adjudged as above to nine years of age. Punch, a Negro boy belonging to Edmund Winston, adjudged as above to ten years of age. Jonathan Smith, Henry Smith & John Looney come into court and acknowledged themselves jointly & severally indebted to our Sovereign Lord King George the Third &c. in the sum of ten pounds of their and every of their goods and chattels, lands and tenements, to be levied and to our said Lord the King and his successors rendered, but on condition that if the said Jonathan Smith shall save harmless and indemnify the Parish of Botetourt against the maintenance of a female bastard child of which Margaret Kenny is lately delivered and of which the said Jonathan appears to be the father, then this recognizance to be void. Ordered that the Sheriff take David Dryden into custody untill he shall find good security in the sum of forty pounds to appear here at the next court to answer the complaint of the Sheriff against him for a Rescue and for otherwise interrupting him in the execution of his office. Cornelius Dougherty Assee. of ) John Lusk, who was Assee of ) Hanc Zimmerman Plff. ) Against )In Deht Jacob Young Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: John Dailey, John Looney, James Gilmore, John Jackson, John Potts, William Dale, James Hayes, Archibald Hanley, James Allcom, Geo. McCoun, Wm. McMurray and John Hanley, who retd. verdt. in favor of the plff. Judgt. accdgly. and damages of eighteen pounds, Pennsylvania money, and costs. But debt may be discharged by the payment of nine pounds, with int. from the twenty seventh day of May, 1763 till paid & the costs. Thomas Mann Plff. ) In Detinue for two bay agst. ) mares of the price of Edward McMullen Deft. ) fifteen pounds each. This day came the parties by their attornies & thereupon came also a jury, towit: William McClenchan, James Bainbridge, Jas. Scott, William Scott, Geo. Clark, William Anderson, John Doones, John Litton, Wm. Campbell, James Ritchie, Wm. McClelon and James Gillis, who retd. a verdt. in favor of the plff., and that the said mares are of the value of twenty six pounds. And on the motion of the said defendant a new trial is granted him here at the next court. The same day is given the parties &c. Ordered that Mary Bryants serve Richard Morris, her Master, twelve months after the term of her present indenture to recompence him for his loss & trouble occasioned by her having a bastard child during the term of her servitude. Dooley, a Negro boy belonging to James McGavock, adjudged by the court to be nine years of age. Will, a Negro boy belonging to George Patterson, adjudged as aforesaid to be eleven years. Moses Collier Plff. ) agst. ) In Case of Slander Thomas Willson Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: James Hayes, Robt. McClenehan, John Potts, John Reaburne, Wm. McMurray, Saml. McFarron, James Dougherty, John Stevens, Henry Smith, Wm. Mann, Robert Jamison and Henry Paulin, who retd. a verdt. in favor of the plff. for damages of forty shillings and one penny. And thereupon the defendant saith that the court ought not to proceed to judgment upon the verdict aforesaid because there is no day or date when the words were spoken and because the words in the declaration are not actionable. And thereupon the matters of law arising upon the said plea being argued it seems to the court here that the law is for the plaintiff. Therefore it is considered by the court that the plaintiff recover against the deft, his damages aforesaid, in form aforesaid, assessed, and his costs by him about, his suit in this behalf expended, from which judgment the defendant prayed an appeal to the tenth day of next General Court, which is granted upon his giving bond and security in the office according to law. Alexander Collier Plff. ) agst. ) In Case of Slander Elizabeth Watson Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: William McClenachan, Jas. Bainbridge, Jas. Scott, Wm. Scott, George Clarke, William Anderson, John Doones, John Little, Wm. Campbell, Jas. Ritchey, Wm. McClelon and Jas. Gillis, who retd. a verdt. in favor of the plff., damages of two pounds. Judgt. accdgly. & for costs. Michael Smith Plff. ) agst, ) In Trespass for entering his close Jas. Hayes Deft ) This day came the parties by their attornies & thereupon came also a jury, towit: William Robinson, Wm. Lawrence, George McCown, Jas. Mitchell, Jas. Simpson, Jas. Ritchie, Alexr. Collier, John Potts, Jas. Laurence, John Looney, Malcom Allen and Robt. Breckenridge, who retd. a verdt. in favor of the deft. Judgt. accdgly. & costs. Ordered that the court be adjourned till tomorrow morning, 10th day of Septr., 1772. Present: John Bowyer, George Skillern, Benjn. Estell and Matthew Arbucke, Gentlemen. Upon the complaint of John Madison against George Skillern for threatening his life, parties being fully heard it is the opinion of the court that the said George shall find two securities to be bound in the sum of twenty pounds each and be bound himself in forty pounds to be of good behaviour for twelve months and one day. Whereupon the said George Skillern & John Bowyer & Benjamin Estell acknd. themselves severally indebted to our Sovereign Lord King George the Third by the Grace of God, to the said George in the sum of forty pounds and the said John Bowyer and Benjamin Estell in the sum of twenty pounds each, of their respective goods, chattels, lands & tenements to be levied & to our Lord the King, his heirs & successors rendered. But on condition that if the said George shall be of good behaviour to all his Majesty's liege people, especially towards John Madison for and during the term & time of twelve months from the date hereof, then this recognizance shall be void. Thomas Barnes & John Bowman Plffs. ) agst. ) In Case Wm. Campbell Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Henry Pawling, John Dailey, William Lawrence, George Aston, Wm. Fulton, Andrew Evans, William Lapsley, Isaac Taylor, Malcom Allen, Christian Milliron, Daniel Johnson and John Jackson, who retd. a verdt. in favor of the plaintiffs, damages of seven pounds. And on motion of the deft. & on his paying the costs of this day, a new trial is granted him here at the next court. The same day is given the parties &c. Arthur Campbell Plff. ) agst. ) In Trespass for taking possession Abraham Stailey Deft. ) of the plaintiff's land. This day came the parties by their attornies & thereupon came also a jury, towit: Henry Pawling, John Dailey, William, Poague, John Looney, Josiah East, Robert Jamison, James Robertson, William McMurray, Joseph Looney, Wm. Evans, Samuel Linsay and John Litton, who retd. a verdt. that the deft. is not guilty as in pleading is alledged by the plaintiff. And on the motion of the plaintiff by his attorney a new trial is granted him here at the next court on his paying the costs of this day. The same day is given the parties &c. Ordered that George Poague, William Lawrence, Jas. Lawrence, George Givens, William Rowland and George Skillern or any three of them, being first sworn, do view the way from the court house to John McClure's Mill and make report thereof to the next court. William Lepsley having been summoned to attend this court as a juryman was solemnly called but came not. Therefore it is considered by the court that he make his fine with our Sovereign Lord the King in four hundred pounds of tobacco for this contempt. Joseph Carpenter Plff. ) agst. ) In Case Samuel Linsay Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: John Hanley, James Lawrence, Geo. Aston, Wm. Fulton, Andw. Evans, Wm. Lapsley, Isaac Taylor, Christian Milliron, Daniel Johnston, John Jackson, Joshua Phipps & John Caldwell, who retd. a verdt. in favor of the plff., damages fifteen pounds, fifteen shillings. Judgt. accdgly. & costs. Malcom Allen presented in court a Negro girl slave named Phebe, imported into this Colony. Whereupon the court doth adjudge her to be nine years of age, which is ord. to be recorded. Caesar and Will, two Negro boys belonging to Joshua Phipps, adjudged as above, Caesar to eight and Will to nine years of age. Arthur Galbreath, who as well for our ) Sovereign Lord the King as for ) himself, sues Plff. ) agst. ) In Debt. Arthur Campbell Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: John Nully, Josiah East, Robert Jamison, Wm. Lawrence, John Litton, John Dailey, Archibald Hanley, Solomon Simpson, Joseph Looney, John Looney, Jas. Robertson and Wm. Evans, who retd. a verdt. that the deft, is not guilty. Judgt. accdgly. & costs. John Gratton Plff. ) agst, ) In Debt Daniel Johnston Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: John Hanley, James Lawrence, George Aston, Wm. Fulton, Andw. Evans, Isaac Taylor, Christian Milliron, John Jackson, Joshua Phipps, John Caldwell, Isaac Campbell & John Hall who retd. a verdt. for the plff. Judgt. accdgly. for twenty pounds, five shillings and eight pence half penny & costs. But to be discharged by the payment of ten pounds, two shillings, and ten pence farthing, with interest thereon from the twentieth day of May, 1769 till paid & his costs. And on motion of the defendant by his attorney an injunction is granted him to stay the execution of this judgment till the matter shall be heard in equity, he having entered into bond, conditioned as the law directs. Ord. that John Cantley, John Hamilton, Archibald Hanley and Isaac Tyler or any three of them being first sworn do view the Highest and best way from the Sweet Springs to John Hanley's on the head of Indian Creek and make report thereof to the next court. Ord. that the Sheriff summon John Vanbebber to appear here at the next court to answer a complaint lodged against him for exciting & encouraging the inhabitants of this County to oppose the laws of the Country. Ord. that the court be adjd. till tomorrow morning, six o'clock. The minutes of these proceedings were signed. Wm. Ingles At a court held for Botetourt County the 11th day of September, 1772. Present: John Bowyer, John Bowman, John Robinson & Matthew Arbuckle, Gentlemen. On the motion of Henry Dooes, it is ord. that he be exempted from paying levies for the future on account of his age and infirmity. Samuel McRoberts having been summoned to attend this court as a juryman was solemnly called, but came not. Therefore it is considered by the court that he make his fine with our Sovereign Lord the King in four hundred pounds of tobacco for his contempt. John Litton Plff. ) agst. ) In Case John Neelly Deft. ) This came the parties by their attornies & thereupon came also a jury, towit: Jonathan Smith, Henry Smith, Joshua Phipps, Isaac Campbell, Malcom Allen, Caleb Worley, George Aston, William Fulton, Charles Campbell, Jas. McAfee, Thomas McFarran, & Wm. Mann, who retd. verdt. that deft, is not guilty as in pleading is alledged. And on the motion of the plaintiff by his attorney a new trial is granted him here at the next court, upon his paying the costs of this day. The same day is given the parties then &c. William Lawrence Plff. ) agst. ) In Case for Trover William McMurray Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: John Nully, Jas. McNeill, Jno. Clendenon, Archibald Hanley, John Litton, John McNeill, Robert Jamison, James Mitchell, Christian Milliron, William Evans, James Hanley and Neill McNeill, who retd. a verdt. in favor of the plff., damages eight pounds & costs. Judgt. accdgly. John Mann Plff. ) agst. ) In Case Solomon Carpenter Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: James Rowland, John Jackson, William Curry, William Ritchie, Andrew Evans, William Craddock, John Potts, David Potts, Nathaniel Evans, Andrew Clark, Malcom Allen & Caleb Worley. Plff. not being present, he was nonsuited. Judgt. of the court same as that of the verdict of the jury-that the plff. be nonsuited, and that deft, go hence without day, and recover against the plaintiff five shillings and his costs expended about his suit. Ord. that the court be adjd. till tomorrow morning, six-o'clock. The minutes of these proceedings were signed by Jas. Trimble At a court continued & held for Botetourt County the 12th day of September, 1772. Present: James Trimble, John Bowman, Matthew Arbuckle & John Robinson, Gentlemen. John Boyd Plff. ) agst. ) In Debt William Herbert Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: James Allison, James Mitchell, James Burnsides, John Looney, John McNeill, Thomas Posey, Malcom Allen, Adam Looney, William Emans, David Galloway, Joseph Looney & James McNeill, who retd. a verdt. in favor of the plff. Judgt. acctlgly, and damages of ten pounds and costs. James Burton Plff. ) agst. ) In Trespass-Assault & Battery for false imprisonment. David Smith Deft ) This day came the parties by their attornies & thereupon came also a jury, towit: the same jury as Boyd against Herbert, above, except William Lapsley, James McAfee and Saml. McFarron, in the room of James Burnsides, Adam Looney & William Emans, who retd. a verdt. in favor of the plff., damages of ten pounds, besides his costs. Judgt. of court the same. James Allison Plff. ) agst. ) In Case for the Trover & Conversion of a house. John Bowman Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: William Anderson, Henry Smith, Jas. Lawrence, David Potts, Joseph Cloyd, Josiah East, Isaac Taylor, John Potts, Isaac Campbell, John Madison, George Camron and Robert Jamison, who retd. a verdt. that deft, is not guilty as charged. Judgt. accdgly. & costs. John Campbell Plff. ) agst, ) -In Case John Bailey Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Thomas Posey, Malcom Allen, Joseph Looney, David Galloway, Saml. McFarron, Jas. Allison, John McNeill, James Mitchell, Wm. Paxton, John Looney, William Lapsley and William Emmans, who retd. a verdt. in favor of the plff., damages of one penny. Judgt. accdgly. & costs. Jacob Jackson & Lydia, ) his wife, Plffs. ) agst, ) In Trespass-Assault & Battery David Potts, Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Nathaniel Evans, Andrew Evans, Isaac Taylor, Joshua Phipps, John Porter, James McNeill, Adam Looney, Josiah Baker, George Aston, Patrick Lockhart, Richard May and Caleb Worley, who retd. a verdt. in favor of piff. and assess damages at one penny. Judgt. accdgly. & costs. Samuel McFarron, Plff. ) agst. ) In Trespass Jas. McAfee & Evan Galbreath, Defts. ) This day came the parties by their attornies & thereupon came also a jury, towit: Nathaniel Evans, David May, George Aston, Joseph Looney, John Potts, Josiah East, Joshua Phipps, Robert Caldwell, Joseph Cloyd, Adam Looney, William Kyle and Josiah Smith, who retd. a verdt. in favor of the plff., damages of one penny. Judgt. accdgly. & costs. Thomas Mann, Plff. ) agst. ) In Case John Willson, Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: John Potts, William Campbell, John Todd, David May, Thomas Madison, Josiah East, David Potts, Charles Campbell, Joseph Cloyd, James Hanley, William Kyle and John Kennedy, who retd. a verdt. in favor of the plff. for damages of eleven pounds, besides his costs. Judgt. accdgly. Ordered that Mary Burnet serve David Galloway, her Master, twelve months after the term of her present indenture to recompence him for his loss and trouble occasioned by her having a bastard child during the term of her servitude. On the motion of Samuel McRoberts & for reasons appearing to the court, it is ordered that the order made yesterday for fining him for not attending the court as a juryman be set aside. Peter Harmon, Plff ) agst. ) In Case Jacob Lorton, Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Isaac Taylor, Caleb Worley, Andrew Evans, Richard May, Patrick Lockhart, Josiah Baker, Joshua Phipps, James McNeill, John Porter, Nathaniel Evans, John Potts and Isaac Taylor, who retd. a verdt. in favor of the plff, damage of eight pounds, besides his costs. And on motion of the deft, a new trial is granted him here at the next court. The same day is given the parties there &c. On the motion of Jacob Lorton, ordered that John Bishop be summoned to appear here at the next court to shew cause why he should not be fined for not appearing at this court as a witness for him at the suit of Peter Harmon, he having been legally summoned. Ord. that the court be adjd. till tomorrow morng., eight o'clock. The minutes of these proceedings were signed. John Bowyer At a court continued & held for Botetourt County the 14th day of September, 1772. Present: John Bowyer, George Skillern, John Bowman & .John Robinson, Gentlemen. Patrick McDonald, Plff. ) agst, ) In Trespass-Assault & Battery Andrew Caldwell, Deft ) This day came the parties by their attornies & thereupon came also a jury, towit: John McRoberts, John Neelly, Patrick Shirkey, Robert Montgomery, Andrew Evans, Charles Campbell, Adam Looney, David Smith, John Clendonald, James Hanley, James Burnsides and Jonathan Smith, who retd. verdt. in favor of the plff. for damages of ten pounds, besides his costs. Judgt. accdgly. Andrew Woods, one of the Justices named in the Commission of the Peace for this County took the usual oaths to his Majesty's Person & Government, repeated and subscribed the test, and also took the oath of a Justice of the Peace in the County of a Justice of the County Court in Chancery, and of a Justice of Oyer & Terminer. Ord. that the court be adjd. till tomorrow morning, five o'clock. The minutes of these proceedings were signed. John Bowyer At a court continued and held for Botetourt County the fifteenth day of September, 1772. Present: John Bowyer, George Skillern, John Bowman & John Robinson, Gentlemen. Ordered that the Sheriff summon twenty four of the most capable freeholders in his bailiwick to meet at the next November Court to serve as a Grand Jury. Richard May is hereby authorized to employ workmen to build a house or office for the use of the court and lay in the expence thereof at the next laying the County levy. Ordered that the Surveyor of this County lay off ten acres of land round the court house, leaving the same in the centre for the prison bounds. Ord. that this court be adjd, till court in course. The minutes of these proceedings were signed. John Bowyer 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/minutes33gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 25.6 Kb