Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court July 1773 ************************************************ 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 April 2, 2007, 11:28 pm Source: Annals Of S W Virginia Written: July 1773 At a court held for Botetourt County the 13th day of July, 1773. Present: Robert Breckenridge, James Trimble, George Skillern and James Thompson, Gentlemen. Ord. that John Madison be apptd. Surveyor of the Road from the ford of the South Fork of Roan Oak next below Vauses to the County line, and the tithables who formerly wrought on the same, together with those on the North Fork of Roan Oak from the mouth of Bradshaw's Creek to Capt. David Robinson's, including all on said creek and Inglishes Creek and the waters thereof do work on the said road under him. This court doth appoint David Robinson Surveyor of the Road from the mouth of the Den to the Great Road, and the tithables who formerly wrought thereon it those of the South Fork and the waters thereof from James Barnett's upwards, do attend him & work thereon. Ord. that Andrew Lewis, John Madison and Jacob Kent do view the nighest & best way for a road from James Barnett's to the ford next below Vauses and make report thereof to the court. Ord. that Henry Pauling be Surveyor of the Road from John Howard's to the County line of Bedford, and Robert Breckenridge is to lay off and allott the tithables to work under him and John May respectively. Ord. that William Preston, David Robinson and John Robinson do view the way from the mouth of the Den to Wm. Robinson's on the North Fork and make report of the conveniences & inconveniences to the next court. Ordered that James Johnston, Patrick Davis and Hugh Miller do view the nighest & best way from Patrick Davis's to Andrew Donally's in the Little Levels, also from James Thompson's on Anthony's Creek to James Mazes's on Greenbrier and make report thereof to the court. This court doth appoint James Thompson Constable from the Droop Mountain to Madison's Hills on Greenbrier Levels, Robert Sconce from the sd. Hills to John Rogers's, and from John Rogers from his house to Muddy Creek Mountain. Francis Smith, Deputy Sheriff, on behalf of the Sheriff, enters a protest agst. the sufficiency of the prison of this County. Wm. Campbell, Inft. by Jas. Campbell, Plff. ) agst. ) In Case Robert Moore and Eliza., his wife, Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Wm. Mann, Joseph Willis, Edward Springer, James Montgomery, Martin Baker, Hugh McNeill, Saml. Montgomery, Thos. Reid, Saml. McFerran, Hercules Ogle, John Walker and Robert Anderson, who retd. a verdt in favor of the plff. for forty shillings and one penny. Judgt. accdgly. and costs to be paid by the deft. Ord. that this ct. be adjd. till tomorrow morning, eight o'clock. The minutes of these proceedings were signed by John Bowyer At a court continued and held for Botetourt County the 14th day of July, 1773. Present: John Bowyer, John Maxwell, James Trimble, Andw. Woods, Benja. Estill, George Skillern and James Thompson, Gentlemen. John Coats, Plff. ) agst. ) In Case John Reyburne, Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Saml. McDowell, Saml. Brown, Andrew Donally, Peter Wright, James Newell, John Robinson, James Montgomery, Richard Morris, John Barnett, Joseph Willis, Joseph Hale and Wm. Robinson, who retd. a verdt. in favor of the plff. for damages of eighteen shillings and one penny. And on the motion of the deft, by his attorney it is ordered that the plff. be nonsuited and that the sd. Deft. go thereof home without day and recover of the sd. plff. five shillings and his costs by him about his defence in this behalf expended. This court doth appoint Zopher Carpenter Surveyor of the Road from Fort Defiance (Boyles' Allum Rock), and the tithables who usually wrought thereon do attend him. Ord. that Thomas Posey, Walter Stewart, Edward Cowin and Robt. Clark be fined according to law for not serving as jurymen. Ord. that Thos. Paxton, Joseph Cooper, Alexr. Robinson, Joseph Bullock, Josiah Carter and John Murphy or any four or more of them being sworn to value the Court House when finished of this County on or before the next August Court and report the valuation thereof to the Court. An instrument of writing purporting to be the last will and testament of John Jones, deceased, was presented in Court by James McClure, one of the Exors. therein named, and proved by the oaths of the said James and James Skidmore, and ordered to be recorded and on the motion of the said James, who made oath according to law, certificate is granted him for obtaining a probate thereof, he having first entered into & acknd. bond in two hundred pounds according to law. Thomas Preston Plff. ) agst. ) In Case Philip Love Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Robert Armstrong, Robert Burdwell, Joseph Looney, Robert Sconce, Francis Dougherty, Walter Stewart, Andw. Smithers, James Hall, John Hannah, James Campbell, James Bates and George Clency, who retd. a verdt. in favor of the deft. Judgt. accdgly. and costs to be paid by the plff. On a motion made by John Aylett, an Attorney, that the Court should fine Isaac Taylor for insulting him at the bar in presence of the Court, it appeared to the Court that the said Isaac had been sworn on a voir dire and declared he would not be gainer or loser by the event of the cause. Whereupon the said Aylatt replied that perhaps you are to have half in case anything should be recovered. The said Taylor then made answer that may be you are a rascall for telling me so. Which motion was overruled, from which judgment James Thompson, Gentleman, entered his dissent. Daniel Goodwin, Plff. ) agst. ) In Case Josiah East, Deft. ) This day came the parties by their attornies, & thereupon came also a jury, towit: James Edmuston, John Armstrong, John Jameson, Wm. Bates, John Shannon, Wm. Napier, Wm. Campbell, Moses Collier, Alexr. Leget, Joseph Campbell, Robert Armstrong and Andw. Clark, who retd. a verdt. in favor of the plff. for six pounds, eighteen shillings and three pence &c. Judgt. accdgly. and costs to be paid by the deft. This court doth appoint Wm. Simpson Constable in the room of Wm. Lapsley, who is dischd. from that office. Andrew Smethers, Plff. ) agst. ) In Case Alexr. Leget, Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: John Armstrong, James Hill, James Campbell, John Hanna, James Hale, Robt. Sconce, Robt. Armstrong, Robt. Elliott, George Claney, Francis Dougherty, Hugh McNeill and Robert Armstrong, Junr., who retd. a verdt. in favor of the deft. Judgt. accdgly. and costs to be pd. by the plff. Ord. that this court be adjd. till tomorrow morning, eight o'clock. The minutes of these proceedings were signed by John Bowyer At a court continued & held for Botetourt County the 15th day of July, 1773. Present: Robert Breckenridge, John Bowyer, John Maxwell, George Skillern, Benja, Estill, Win. Fleming and Philip Love, Gentlemen. Ord. that Henry Holston be apptd. Surveyor of the Road from Montgomery's Gap to McMutry's Mill, in the room of John Potts, who is dischd. from that office. A report of a road being made and returned from David Little's Mill to the Court, it is ordered that the same be established, and that James Snodgrass be apptd. Surveyor thereof, who is to open & keep the same in repair. A report of a road being made and returned from the Sweet Springs to John Janley's on the head of Indian Creek, it is ordered that the same be established agreeable to the said report and that James Byrnsides be Surveyor thereof, who with the (missing word) thereon is to open and keep the same in repair. Ord. that this ct. be adjd. till court in course. The minutes of these proceedings were signed by Robt. Breckenridge At a court held for the examination of James Jones the 31st day of July, 1773. Present: Robert Breckenridge, Andw. Woods, George Skillern and Matthew Arbuckle, Gent. The prisoner aforesaid was set at the bar and arraigned on suspicion of felony, who plead thereto not guilty. Whereupon sundry witnesses were sworn and examined on behalf of our Sovereign Lord the King and the prisoner heard in his defence. On consideration whereof & with the consent of the prisoner the said prisoner is to receive thirty nine lashes at the publick whipping posts, well laid on, upon his bareback. Ord. that this ct. be adjd., whereupon the proceedings were signed by Robt. 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/minutes40gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 10.1 Kb