Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court August 1780 ************************************************ 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 May 5, 2007, 4:17 pm Source: Annals Of S W Virginia Written: August 1780 At a court held for Botetourt County the 10th day of August, 1780. Present: The Revd. Adam Smyth, Wm. Davidson, Wm. Hamilton and Thomas Rowland, Gent. Justices. John Baller, one of the Gentlemen named in the Commission of the Peace for the County of Botetourt, took the oath required by law. Ord. that the road leading from Anderson's ferry to Mr. James Mitchell's crossing the river twice be established and kept in repair by said Mitchell. The Commonwealth against David Tate on suspicion of his being a torey, a jury was sworn to try him according to evidence (towit): Caleb Worley, Wm. McClenachan, James Mitchell, Samuel McFarran, Thomas Hall, Saml. Walker, Junr., Hugh MeNeell, Edward Greem, Joseph Walker, Robert Shadden, James Campbell and Israel Kelley returned a verdict in these words: "We of the jury find for the Commonwealth one thousand pounds current money of the State, to be levied on the goods and chattels of the said defendant, and also to be imprisoned ten years." And it is ordered that judgment be given for the same with costs. The Commonwealth against David Tate, Junr., on suspicion of his being a torey, a jury sworn to try him accdg. to evidence (towit): Malcom Allen, Saml. Baldwin, Thomas Ferguson, James Corbit, John Lapsley, David Smith, Wm. McMullin, Richard McDonald, Adw. Willson, Edmund Sturns, Ephraim Willson and Hugh Allen returned a verdict in these words: "We of the jury find for the Commonwealth seven months imprisonment." Ord. that Martha Payne, infant of Judeth Payne, be bound out to Mathew Amack according to law. William Kelley is excused from paying County & Parish levies for the future on account of his age and infirmity. Ord. that it be certfd. to the Register of Land Office that Doct. Thomas Walker made due & satisfactory proof to this court that he served as a Commissary General seven years to the British and Colonial Troops last war and that he never received any land in consideration thereof or obtained any other certificate for such services and that he continued in service till legally discharged. Archibald Alexander made due proof to this court that he served as a Captain to a Company of Volunteers and marched them to Greenbrier to proceed against the Shawnees in the year 1759, where he was legally discharged, & that he was an inhabitant of this State, & that William Alexander is heir at law, and that he never obtained any warrant of survey or bounty of land in consideration thereof, nor other certificate, which is ordered to be certified, from which Martin McFarran, Gent., departed. The Commonwealth against Joseph Hunter on suspicion of his being a person disaffected to the liberties of America a jury sworn to try him accdg. to evidence (towit); Samuel Walker, John Logan, Isaac Kelley, Thomas Hall, Edward Green, Charles McFaden, Hugh McNeill, James Campbell, Robert Shadden, Saml. McFarran, Wm. Ritchey and Saml. McClenachan retd. a verdt. in these words: "We the jury are of opinion that the said Joseph Hunter is not guilty of the charge." Therefore ho is discharged and set at liberty. James Robinson is apptd. Surveyor of the Roads in the room of John Robinson, who is dischad. from that office. John Mills, Junr. is apptd. Captain in Thomas Rowland's Company of Militia, and James Leathordale Lieutenant, which is to be certified. Ord. that James Ellett, Wm. McClintick, Robert Armstrong, Junr. and Thomas Mullholand or any three of them being first sworn do view the way from Captain Doan's to Robert Armstrong's on Jackson River and make report thereof to the court. Ord. that the ct. be adjd. till tomorrow morning, six o'clock. The mins. of these prcdgs. were signed by George Skillern At a court contd. and held for Botetourt County the 11th day of August, 1780. Present: William Fleming, Geo. Skillern, Andrew Woods, the Revd. Adam Smyth & Wm. Hamulton, Gent. Justices. Wm. Madison, Wm. McClenachan and Adam Smyth are recommended to his Excellency the Governor as fit persons to execute the office of Sheriff of this County for the present year. Ord. that Josiah Willson (a Tory) be kept in custody till he can make it properly appear to Captain Lockhart that he was acquitted of the charge against him by the terms set forth in Colo. Lynch's Proclamation. Upon consideration of the judgment passed yesterday on behalf of the Commonwealth against David Tate, Junr., it is ordered that upon the said Tate's enlisting into the Continental service for eighteen months from the date hereof without any bounty or other gratuity except his pay as a soldier, cloathing and provisions he shall be discharged from his present confinement and the judgement of the court against him. Ordered that Wm. McGlautin, a deserter from the Bedford Militia, who now is in the goal of this County, be discharged from his confinement on conviction that he enlists in the service of the United States for the term of eighteen months without any bounty or gratuity expt. his pay as a soldier, his clothing and provisions &c. This court doth authorize and appoint Captain Thomas Rowland to employ a person to make an iron door for this County prison. The door is to be compleatly hung and furnished with a good and sufficient stock lock, for which he is to be paid eight dollars per pound for the wrought iron and thirty three shillings and four pence per pound for the wrought work, the hanging and the lock to be a seperate charge. He is directed further to borrow a sum of money sufficient to defray the expences and for which the court are to endemnify and replace for him at a future day. John Howard produced a writ of supersedias from the High Court of Chancery directed to the Justices of this County ordering & directing the said Justices to grant him an appeal to a judgment entered against him at December Court last as a person of insane memory, which is granted to the first day of the September court next upon his giving bond and security according to law. Ord. that the ct. be adjd. till ct. in course. The mins of these prcdgs. were signed by Geo. Skillern 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/minutes72gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 7.4 Kb