Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court May 1779 ************************************************ 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 29, 2007, 4:23 pm Source: Annals Of S W Virginia Written: May 1779 At a court held for Botetourt County the 13th day of May, 1779. Present; the Revd. Adam Smyth, Pat Lockhart, Thomas Rowland, George Rutledge and John Armstrong, Gent. Justices. John Cartmill and James Hutcheson, the former a Lieut. and the latter an Ensign in the Militia, took the oaths accdg. to law. This instrument of writing was presented in court as and for the last will and testament of John Gentry, decd., and was proved by the oaths of Comack Cafferty and Jonathan McNeel, two of the witnesses, and ordered to be recorded. Samuel Philips is apptd. Surveyor of the Road in the room of William Ledgerwood, who is discharged from that office. Jeremiah Tilford the same in the room of James McCain, who is discharged from that office. A Grand Jury appeared in court and were sworn towit: Wm. McClelen, Benja. Allen, Adam Peck, Thomas McFarran, Thomas Gillis, John Hewit, John Drake, John Mills, Curtis Alderson, William Allen, Isaac Kelley, Uriah Humphries, William Hutcheson, James Ritchey and Henry Surtzer, who having received their charge went out of court to consult of their verdict. The Commonwealth against Geo. Patterson and John Patterson on suspicion of their being inimical to the liberties of America, whereupon a jury was to enquire into the offences committed by George Patterson, towit: Martin Baker, Andrew Henry, Joseph Pryor, Thomas Ferguson, Stephen May, Joseph Kyle, Samuel McFarran, Martin McFarran, Isaiah Vinsandt, Josiah Phipps, Samuel Baldwin and Wm. Bilbro, who returned a verdict against the said George Patterson and judgment for a fine of fifty pounds damages mid costs. The Grand Jury retd. into court and presented the following persons, towit: Joseph Pryor for unlawfully cohabiting with William Fulton's wife. Also Michael Cloyd for not keeping that part of the road in repair of which he is Surveyor. Also the Surveyor of the Road from Michael Cloyd's to the Bedford line for not keeping the same in repair. Also Moses Allen for stopping part of the road from the widow Bowen's place to James Lawrence's. Also the Surveyor of the Road from James River ford to Audley Paul's. Also the Surveyor of the Road from Town to the turn of the waters of Catawba. Also the Surveyor of the Road from the Beaver Dam Bridge to James Moores Creek. Ord. that summonses issue against the several persons this day presented by the Grand Jury, returnable here at the next court. A report of a road was made and returned by Andrew Armstrong, David May, Samuel Crawford and Daniel McNeell. Ordered that the said road be established agreeable to the report from Thomas Barnes' passing by Nathaniel Evans' and into the main road near James Bryant's on Roan Oak, and that Nathaniel Evans with the tithables petitioning for said road open the same and keep it in repair as the law directs. The Commonwealth against John Patterson, a jury sworn to enquire into the offences supposed to have been committed, towit: Robert Preston, Wm. Anderson, Michael Ogletree, Edward Springer, Wm. Kyle, Thomas Miller, Jno. Taylor, James Anderson, John Jameson, William Walton, Andrew Armstrong & John Potts returned a verdict for the defendant and judgment that he should be acquitted of the charge. Ordered that Margaret Patterson, wife of Ezekiel Patterson, and William Crawford of Sinking Creek be fined each twenty pounds for their contempt in not appearing as witnesses against George and John Patterson as suspected persons against the United States of America. Ord. that the ct. be adjd. till tomorrow morning, 6 o'clock. The minutes of these proceedings were signed by Adam Smyth At a court continued & held for Botetourt County the 14th day of May, 1779. Present: Adam Smyth, Patrick Lockhart, Thos. Rowland & Jas. Armstrong, Gent. Justices. Geo. Rutledge, one of the Gentlemen named in the Commission of the Peace for this County, took the oath required by law. William Crow Plff. ) agst. ) In Case Geo. Francisco Deft. ) This day came the parties &c. & also a jury, towit: James Anderson, Mathias Yoakum, Samuel Baldwin, James Alderson, Martin McFarran, Samuel Keer, Joseph Carroll, Amos Potts, William Little, William Galloway, Curtiss Alderson & John Davidson, who retd. verdt. awarding damages to plff. of eighteen pounds, thirteen shillings. Judgment for the same and costs. Michael Bowyer Plff. ) agst. ) In Trespass William Myers ) This day came the parties &c. & also a jury, towit: James Norvill, Josiah Phipps, Samuel Rowland, Mathias Yoakum, Martin McFarran, Joseph Carroll, James Anderson, Saml. Keer, Amos Potts, James Ellison, Curtis Alderson and Wm. Galloway, who retd. a verdt. in favor of the plff., damages of fifty pounds, besides his costs. Deft, in mercy Ac. In the trial of this cause the title of the land came in question. James Fenley Plff. ) agst. ) In Trespass Isaac Taylor Deft. ) This day came the parties &c, & also a jury, towit: Andrew Armstrong, Wm. Skillern, John Jameson, Joseph McMurtry, James Dalzell, James Cloyd, James Roberts, Thomas Miller, Jonathan Newman, John Potts, Wm. Kyle, & Nicholas Carper, who retd. verdt. in favor of the plff. for damages of twenty five pounds, besides his costs. Deft, in mercy &c. James Finley Plff. ) agst. ) In Trespass—Assault & Battery. Isaac Taylor Deft. ) This day came the parties &c. & also a jury, towit: Joseph Kyle, Wm. Calert, Samuel Walker, John Jameson, Geo. Dawdson, Edmund Sturns, Malcom Hunter, Wm. Breckinridge, Allen GuUeford, Andrew Henry, Adam Pack and Augustine Webb, who retd. verdt. awarding damages to plff. of fifty pounds, besides his costs. Deft, in mercy &c. Thomas McFarran Plff. ) agst. ) In Case William Anderson Deft. ) This day came the parties &c. & also a jury, towit; James Cloyd, Curtis Alderson, John Ross, Jonathan Newman, Joseph McMurtry, Amos Potts, Nicholas Carper, John Potts, William Newman, William Crow, Thomas Gillis & William McClelan, who retd. verdt. awarding damages to plff. of three hundred pounds. Judgt. accdgly. and costs. Ord. that the ct. be adjd. till tomorrow morning, six o'clock. The mins. of these procdgs. were signed by Adam Smyth At a court held for Botetourt County the fifteenth day of May, 1779. Present: the Revd. Adam Smyth, Pat Lockhart, Thos. Rowland & Geo. Rutledge, Gent. Justices. John Tatham Plff. ) agst. ) Joseph & David Anderson Defts. ) This day came the parties &c. & also a jury, towit: Samuel Walker, Junr., Archibald Kyle, Richard Thomas, Andrew Armstrong, Geo. Davidson, Jesse Clark, John Jameson, Wm. Galloway, Nicholas Carper, John Ross, Samuel Kinnerly, and John Davies, By consent of the parties and with the assent of the court, the jurors were withdrawn and discharged from rendering the verdict, and the same was continued. On the petition of John Crumb leave is granted him to keep an ordinary at his sd. Crow's ferry in this County for the space of one year from this time, ho having entered into bond in the sum of fifty pounds according to law with William Crow his security. Thomas McFarran Plff. ) agst. ) In Trespass—Assault & Battery William Anderson Deft. ) This day came the parties <&c. & also a jury, towit: James Norvill, Adam Peck, Curtis Alderson, Joseph Jenkins, Thomas Gillis, Jacob Mifford, James Cloyd, James Hutcheson, Malcom Hunter, Thomas McMakin, White Wyson & Jno. Britt, who retd. a verdict that each party by consent should pay their own costs and judgment was given for the same agreeable to the above mentioned verdict. Ord. that this court be adjd. till ct. in course. The mins. of the procdgs. were signed by Adam Smyth 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/minutes59gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 9.3 Kb