COURT ORDERS - CHARLOTTE COUNTY, VA BOOK EIGHT 1789 - 1792 Submitted by Tom McCargo 7 April 1999 TOMMCARGO@aol.com ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************ 4 May 1789 Pg 1 Russell Brown, Foreman, John Richardson, Thomas Smith, Francis Bareatt, William White, Thomas Epperson, William T. Smith, John Harvy, Hezekiah Turpine, James Patillo, William Johnson, Philip Goode, William Foster, John Hankin, Chillion Palmer, William Ward and James Davis, were tried and sworn as a Grand Jury. Ordered that the Sheriff summons Miles Bottom, James Downey, John Burrass, John Rice and William Dabbs, to appear here at the next court of Quarter Sessions, to show cause, if they can, why they have failed to attend as Grand Jurymen in this Court, for which purpose they were severally summonsed by the Sheriff. Pg 3 Elisha White, Plaintiff vs Wood Jones, Defendant - Chancery The suit having abated against the defendant by his death, whereon it is the opinion of the Court that it stand and be revived in the name of Wood Jones' son, heir at law of the said Wood Jones, dec'd, . . .being the land patented to the said pltf, the 15 day of August 1764, as in the bill mentioned. Robert Rakestraw, Plaintiff vs David Stokes, Defendant - Case The jurors impaneled being sworn and charged in this case being called and Caleb Johnson, Joshua Chaffin and William Smith, three of the said jurors, failing to appear, and the court being about to adjourn, until the court in course, it is the opinion of the Court that, the jury be discharged from further proceedings therein, and it is commanded the Sheriff, that he cause to be impaneled anew, at the next court to be held for the said county, a jury of the bystanders, to try the issue between the parties. 1 June 1789 Pg 14 On the complaint of James Arnold, setting forth that Thomas Bedford had been guilty of beating and abusing him, contrary to the dignity and peace of the Commonwealth, thereupon, the Sheriff was ordered to bring the said Bedford before the court now setting, who appeared accordingly, and on hearing the testimony of sundry witnesses relative thereto, and the said Arnold, having made oath he was in fear of his life or some further bodily hurt to be done, or procured to be done him by the sd Thomas Bedford, and it appearing also in proof to the court that the sd Arnold had been guilty of threatening the sd Bedford. Thereupon it is the opinion of the Court that the Sheriff take as well the sd Beford as the sd Arnold into his custody, and them safely keep until they enter into recognizance with sufficient security that is to say, the sd Bedford and Arnold each in the sum of ?100, and their securities ?50. 6 July 1789 Pg 18 An indenture with memorandum endorsed thereon between Matthew J Williams and James Callicott was acknowledged by the sd Matthew Williams to be his act and deed. 3 August 1789 Pg 21 Francis Barnes, Foreman, Josiah LeGrand, Josiah Foster, Rubin Foster, James Hamblett, Thomas Pettus, James Mullings, Hilliary Moseley, William Callicott, Henry Ford, John Barksdale, John Richardson, Luke Palmer, Charles Crenshaw, Joseph Reynolds, Julius Glazebrook, John Smith, Burwell Brown, Russell Brown, Cutbirth Williamson and William Johnson were tried and sworn as a Grand Jury. They return the following presentments: William Davenport, for getting drunk and swearing four oaths Capt Thomas Harvy, for profanely swearing four oaths Surveyor of the Road from Goodes' store to Almond's Surveyor of the Road from Mary Read's mill to Thomas Foster's Pg 26 Samuel Pryor, by William Hubard, his Guardian, Plaintiff vs John Sandefur, Defendant - a trespass, assault and battery This day came the parties by their attys, thereupon came a jury, towit, James Dudgeons, Philip Goode, William P Daniel, William Overstreet, John McCargo, William Penticott, Josiah LeGrand, Chillion Palmer, Japheth Fowler, Joseph Dabb, John Philip and Henry Hines Pg 28 Thomas Dreadnought Plaintiff vs Simon Fearnought Defendant a suit in ejectment This day came the pltf by his atty, an it appearing by the affidavit of John Daniel, that Joseph Lester, tenant in possession, hath been duly served..... do appear on the next Court of Quarter Sessions and make himself or themselves defendant or defendants in this suit, in the room of the sd Fearnought, plead the general issue and confess the lease entry and ouster in the declaration supposed, and enter into common rule to insist on the title only at trial, then judgment shall be given for the plaintiff. 31 August 1789 Pg 33 Court held for the examination of William McElhany and Frederick Briggs, who stands committed to the common jail on the suspicion of feloniously, stealing, taking and leading away on the 2nd day of this instant, two horses, towit, a bay and a sorrel, of the value of ?20, each belonging to John Spencer. The prisoner was led to the bar in the custody of the Sheriff, and being charged with the fact, saith he is in no wise guilty thereof. Whereupon, sundry witnesses were produced, sworn and examined, as well on behalf of the Commonwealth as the sd Briggs/McElhany, and he was fully heard in his own defense. On consideration thereof it is the opinion of the Court, that the prisoner, the said Briggs/McElhany is guilty of stealing the horses in conjunction with the said McElhany/Briggs, and that he ought to be tried at the next district court to be held in the Court House, in the county of Prince Edward in September. John Spenser, on oath saith that on the 2nd day of August, instant, he was possessed of two horses, one a bay, and the other a sorrel. Which two horses were missing out of his pasture the next morning, and examining his pasture fences, could make no discovery where they got out. On the 5th day of the month, in the evening, came to his house, Mr Walton, with a letter directed to Capt Bedford, that the two prisoners, McElhany and Briggs, were apprehended in the county of Nottaway and committed to the jail of that county, on suspicion of stealing two horses, a bay and a sorrel. Receiving this information, the deponent attended the examining court of Nottaway, and there he saw his two horses in the care of Col Freeman Epps, said to be taken from the prisoners. Which horses, the deponent saith, were his property, and that he never disposed of them to any person whomsoever. Further, deponent saith not. Col Freeman Epps, before the Court, on oath saith that on the morning of the 3rd day of August, about noon, he received information that there were two men in camp, in a neck of woods, near the planta- tion of Mr Thomas Epps. On this information, he, the deponent, col- lected together several men to go in search of, and endeavor to apprehend them. Being conducted, with his company, to the camp, he proceeded to apprehend the prisoners. On approaching, the sd McElahany and Briggs ran off. Being pursued by the deponent and his company, the prisoners were taken near their encampment. The deponent directed the company to keep the prisoners apart, in order that they might be examined more particularly. On examination, the prisoner McElhany told this deponent, that they, the prisoners, had two horses at the camp, but that the horses had run off. They had taken the horses the evening before at a plantation about two miles below Little Roanoake Bridge. He believed a widow women lived there. One of the company, recollecting the plantation from the description given by the prisoner, asked him if it were not the plantation whereof Mr Bedford formerly lived. He, McElhany, replied, "Yes, that was the name of the person who lived there." The prisoner, McElhany, informed this deponent that one of the horses was a large bay, the other a sorrel. The horses, when found, answered the description given by the prisoners. The deponent saith, the horses were found about 300 or 400 yards distant from the camp, making towards the road. They were pursued and caught about a mile distant from where to prisoners were encamped. The horses were then carried to a house of a Mr Epps, where the prisoners had been sent on before. This deponent then took the prisoners apart, and took McElhany to the horses, and asked if they were the horses he, McElhany had stolen. His answer was, "Yes, the bay horse I had road down, and Briggs, the sorrel." This deponent then returned McElhany to the house and took Briggs to the same horses and asked him if he knew them. He also answered, "Yes,I road the sorrel and McElhany the bay." McElahany, when he was carried to the horses, inquired of this depone- nt, whether the bridles and saddles were safe. The deponent answered, the saddles were, and the bridle on the bay horse, but the sorrel horse had lost his. McElhany then said he had well secured the bridle on the bay horse, by putting the stirrup through the bridle reins, but that Briggs had carelessly put his bridle over the sorrel horses' neck, which he supposed would be lost. Further this deponent saith not Francis Fitzgerald, of Nottaway County, before the court on oath saith, that on Monday, the 3rd day of August, instant, he was informed by Mr Epps that one of his negroes had discovered some white men in camp, in the woods near his plantation. He, Epps, requested assistance of this deponent, to apprehend them. He, the deponent, went to the plantation of Mr Thomas Epps, and with others, were conducted near the camp, from whence the deponent saith he discovered a man and horse. The horse was either a bay or a sorrel. The deponent then showed himself to the prisoners, he being in front of the company, and ordered the prisoners to surrender. Upon which they, the prisoners, immediately ran off. The company and the deponent pursued them. The prisoners separated, and the deponent went after the prisoner Briggs, and took him, and inquired his name. He answered, "Briggs". After some little pause, the prisoner inquired who had discovered them. The deponent made no answer to the question. The prisoner then said that he supposed the deponent and his party, had pursued them from the place where they had taken the horses. The deponent requested the prisoner to inform him the whole truth of the matter. The prisoner answered he and McElahany had taken two horses a small distance below Little Roanaoke Bridge, from a plantation where there was a large red house. The deponent and the company went with the prisoner, to the house of Mr Epps. After being there some time,Briggs desired to speak to this deponent in private. While together the sorrel horse was produced and the deponent asked Briggs if he knew that horse. Briggs answered that was the horse he road down, and said he was apprehensive that McElhany would swear his life away, as he, McElhany had taken both horses. The deponent then asked McElhany, if he did take both horses. McElhany answered they were both taken together, and that he might have taken hold of both of the horses, but that Briggs had bridled the sorrel. Further, deponent saith not Sterling Rack Thornton, being first sworn saith that on the 3rd day of this instant, having business with Col Epps, and on his way there he met with Thomas Epps, who informed him, that he understood by his boy that there were two men just by his plantation in the woods. He requested this deponent to accompany him, and see who they were. On which the deponent went to Col Epps' and joined the company collected there, to take the men said to be encamped in the woods. After the prisoners, McElhany and Briggs were committed, the deponent was summonsed as a guard. When going to the jail, the deponent asked Briggs what kind of saddle he had. He answered a very indifferent one, but that McElhany's was a very good one, about half worn and that he expected McElhany, would sell it. Two days afterwards the deponent went up to the jail and spoke to Briggs about the saddle. McElhany said he would sell his, and that the deponent might go and see it. If he liked it, then he might give him what he thought it was worth. The deponent inquired where it was, and McElhany answered he supposed at Col Epps'. The deponent later spoke to Col Epps about the saddle and told him McElhany had sold him the saddle if he liked it. Col Epps told the deponent the saddle was at his, (Epps) house. When the deponent went, Col Epps was from home, but from the description of the saddle, the deponent found it, took it away, and offered to pay the said McElhany for it. But he refused to receive pay and desired the matter might be deferred until the evening. Further, deponent saith not 14 September 1789 Pg 35 A Court held for the examination of William George, who stands committed to the jail of this county on the suspicion of being guilty of feloniously murdering William Beazley on Monday, the 7th day of this instant. The said William George, was led to the bar in the custody of William Hubard, Sheriff of the said county, and being charged with the crime, saith he is in no wise guilty thereof. Whereupon, divers witnesses were produced, sworn and examined, as well on behalf of the Commonwealth as the said George and he was fully heard by his counsel in his defense. On consideration thereof it is the opinion of the Court, that the said George is not guilty, and therefore it is ordered, that he be forthwith discharged 5 October 1789 Pg 39 Ordered, that the clerk certify to the Auditor of Publick Accounts, that it appears by testimony of Richard Gaines, this day taken before the court, that Nathaniel Rogers acted as a wagon conduc- tor, at the time the said Gaines served in the Militia, ordered out from this county. Pg 40 (Here is found the county levy for 1789, which includes the following:) To William Morton Jnr for going express to Carolina, for the Clerk of the Court to attend the trial of Briggs and McElhany, criminals committed for horse stealing . . .one pound 10 shillings. The levy this day being laid, amounting to the sum of 5 pence per poll, or 3 pounds and one-half of inspected tobacco, at the option of the payer 2 November 1789 Pg 41 Obediah Claybrook, Foreman, George Cardwell, Thomas Chaffin, William Roberts, John Foster, William Cheatham, Willaim Callicotte, Josiah Foster Snr, Seth Parkinson, John Hendrick, Josiah Morris, John Sandefur, Cutbirth Williamson, William White, William T Smith, William Glazebrook, Luke Palmer, Thomas Epperson and Robert Armstead, were tried and sworn as a Grand Jury. Surveyor of the Road from the Campbell county line to the fork of the road above Rawlins Bridge Surveyor of the Road from the mouth of Little Roanoake to Kings Road Surveyor of the Road from the fork of the road above Little Roanoake Bridge to the fork at Hayes Surveyor of the Road from the fork below John Spenser's for not setting up cards of direction Surveyor of the Road from the fork above John Spenser's for not setting up cards of direction Thomas North for living in fornication with Elizabeth Lowe Robert Puckett for living in adultery with Sarah Potter James Skelton for profane swearing of four oaths and getting drunk since the last Grand Jury 7 December 1789 Pg 50 Loyd Portwood is appointed Surveyor of the Road whereof William Rawlins was late surveyor. Ordered that the male laboring tithables belonging to John Pettus, Joseph Pearson, Richard Loving, Ambrose Healy, William Roads and John Blankenship be added to work on the road whereof, John Lee is surveyor. On the motion of Levy Blankenship, license is granted him to keep an ordinary at the place of David Ellington. Whereupon, he with Elisha Almond, his security, acknowledge and enter a bond according to law. Ordered that Adam Finch, Joseph Herndon, John Finch and Henry Robertson, or any three of them, do view the way for a road to be cleared from the county line to Robertson's schoolhouse on Cargill's Road. 4 January 1790 Pg 53 Lodowick Basebeach is appointed Surveyor of the Road whereof Thomas Blankenship was late surveyor, and it is ordered that he, with his own male laboring tithables, George Dabbs, Thomas Toombs, James Foster, George Foster and Charles Whitlock do forthwith clear and keep the same in repair. 5 July 1790 Pg 77 George Caldwell, Plaintiff vs John McCargo, Defendant On a petition by account On hearing the parties by their attys, and hearing the testimony of witnesses it is considered by the Court that the pltf recover against the said defendant, the sum of one pound, nineteen shillings, four pence current money and his costs Clk 100 shf 25 Wit 121 fee 7/6 On the motion of Henry Caldwell, as a witness for George Caldwell in his suit against John McCargo, it is ordered the said George Caldwell pay him 120 pounds of tobacco, for one days attendance and once coming and returning 24 miles to Prince Edward county 3 August 1790 Pg 88 William McKinzie; Plaintiff vs Drury Burge & David Stokes Defendants - Debt This day came the pltf by his atty and the defendants in their own persons...and a jury towit Joseph Dabbs, William Cheatham, Oliver Sally, Charles Pettus, George Terry Hebrion LeGrand, William Blackley, James Snead, Thomas Ellis, Evan Snead, James Shortery and John Thomas Snr.. Your Orator, Drury Burge, saith: sometime about the 9th of the month of June 1782, a certain William McKinzie, hereafter named defendant, professing himself to be a Doctor of Physick, and suffi- ciently qualified for the business of inoculation of the smallpox, proposed and undertook the inoculation of a number of persons at the house of one Mary Caldwell, in this county, at the price of three pistoles or thereabouts, for each patient. Your Orator, willing to encourage so useful a practice, and relying on the skill and candor of the defendant, sent his two sons William Burge and Henry Burge to be inoculated and cured under the direction and care of the said defen- dant. That after a considerable time spent in the said business aforesaid, one of his sons returned home, the other, towit, Henry Burge remaining still in a dangerous situation with the said disorder, in which he continued for some time after. Your Orator further begs leave to show that soon after the recovery of his said son William Burge, the defendant came to your Orator with a claim of ?48 or thereabouts for his medicines and attendance administered to his said sons in course of their inoculation as aforesaid, asserting at the same time that it was no more than usual and customary charge for such services. Although your Orator expressly charges and will hope to be able to prove, that the same was more beyond all proportion than the defendant charged to sundry of his other patients under the same circumstances, and exorbitantly more than the able and more experienced physicians usually charge for the same service. That if anything, in the particular case of Henry Burge made a longer attendance and greater administration of medicines necessary , this must have happened by neglect or mismanagement of the defendant. For which, your Orator by no means be ought to be chargeable. Your Orator further showeth that at the time of such application being made to him by the defendant, he being entirely ignorant of the nature and charges of inoculation, willing to do everything that was just and right, and still relying on the candor and the justness of the defendant, your Orator gave the defendant his bond for the aforesaid sum, supposing it to be just and usual charges on such occasion, though he now expressly declares and charges that later experience, and the information of his neighbors, and others acquainted with the affair, he was grossly and shamefully deceived and imposed upon by the defendant, in obtaining such bond. Now, so it is the defendant having commenced his action at common law against your Orator, hath obtained judgment thereon and threatens to sue, Under some other consideration whereof. Inasmuch as your Orator is without remedy at law, and only relievable in a Worshipful Court in Equity, where matters of fraud and imposition and deceit are properly to be examined. To the end that the said defendant, upon his corporeal oath may be compelled to answer the premises, as fully and particularly as if they were here again repeated and interrogated and more particularly upon what terms he did undertake inoculation of the smallpox at the said William Caldwells'? What particular bargain did he make with your Orator? What other patients did he have there and what did he charge them? What was the cause of Henry Burge's having the smallpox so especially bad? Did the defendant pay due and diligent attention to him during the whole time? Was there any bargain for additional charge in case of longer duration of the disorder? Why did he charge your Orator more than any other of those who employed him? Did the medicines actually and necessarily administered to your Orators' sons amount to a reasonable price to the use he has charged for them? Is not a considerable part of the defendant's charge, for visits to your Orators' sons at the said Mary Caldwell's, and was it not his bargain and duty to have attended them there through the disorder, without any such charge, and that your Orator may have such relief in the premises, as may be agreeable to equity and good conscience. That the said defendant, in his judgment aforesaid, be perpetually enjoined The answer of William Mckinzie to the bill of injunction and complaint of Drury Burge, in the Worshipful Court of Charlotte County, against him exhibited. As this respondent ...now make answer to the defendant and saith, that in the month of April 1782, being engaged in the inoculation of a number of patients, who were then under the smallpox in the county of Chesterfield. He was earnestly solicited by letters from Isaac Cole, Esq, of Halifax county, to ride up and undertake the inoculation of sundry persons in his family, and in his neighborhood. To which he agreed, upon assumption that it should be made advantageous and profitable to him. Accordingly in the month aforesaid, he reached Col Cole's house. Finding that such a number were desirous to be inoculated, as would in great measure compensate for his detention from his business, at the usual place of his residence in Chesterfield, he agreed and undertook, for three pistoles a head, for medicines and attendance, exclusive of provisions. Other necessaries to be furnished by the patients themselves, to carry them safely, with the help of God, through the smallpox, which he was happy enough to accomplish. Soon after his arrival in Halifax, the defendant was entreated by Robert Rakestraw and William Hubard, of Charlotte county, to inoculate and attend some persons of that county. To which this defendant at first declined to do, unless they would engage to make up forty patients. In which case, he would inoculate them on the same terms as he did those in Halifax county. This they could not engage to do, but after some conversation on the subject, this defendant being much importuned, and learning the distance from one of the patients to the other would not exceed 10 or 12 miles, so that he might attend and visit each of them daily, he complied with the request, on the condition he should not only be paid three pistoles per head for medicines and attendance, but also three pistoles a day, for every day that he should be detained by the patients in Charlotte county, after fifteen days, in the case that the whole, or any of them should have the disease so unfavorably as to require longer attendance. These terms were not objected to by the aforesaid Mr Rakestraw and Mr Hubard, either at that time or any other time previous or subsequent to the inoculation of the families at Mary Caldwell's, where this defendant went next day after the application aforesaid, which was early in the month of May 1782. He found they had only about 13 or 14 patients to be inoculated, of whom as this defen- dant soon discovered, the complainant's sons were two. This defendant having inoculated the whole number, who were presented to him for that purpose, he again mentioned the terms, as afore recited, on which he had undertaken it. On the tenth day after they had been inoculated, he again reminded them of his expectations, and recommended it to the several patients, to bind themselves by a written agreement to bear jointly the extra expense that if any of them should require after the expiration of the 15 days from the day of inoculation, as they could not then tell whose fate it might be, though he knew by the then symptoms, on whom it would fall. They agreed that by his next visit, it should be done. March 2, 1987 However, next day the eruption on the several patients having manifested which of them would have it most, they were unwilling to subject themselves to a joint charge after the fifteen days, and desired this defendant to undertake notice that they would not pay him a shilling for attendance or medicines after that time. As they thought it unreasonable that they should pay for what they would have no need of themselves. To this charge he answered. The sons of the complainant, who were under age did not object, and the defendant told their father, the complainant, that in all appearance, one of the sons would require his attendance for a considerable time longer than the fifteen days limited by the agreement, and that he could not think of staying away from the general tender of his business, so long as his sons illness might require, unless he would pay him the three pistoles per day, after the first fifteen days should be expired. To which the complainant, not only most readily agreed, but then and often afterwards, begged the defendant to attend his sons as long as it might be needful, and to spare no expense, as he was willing to pay any sum of money, rather than he should leave his son, until he was perfectly out of danger. Which he was not, until at least thirteen days after the expiration of the first fifteen days, and the discharge of the other patients from the care of this defendant, with whom this defendant had at their request, settled his account. The complainant, on being presented with the defendant's account against him, so far from objecting to it, as he knew it to be corresponding to the contract, apologized for not having been able to provide the money, and requested the defendant to take payment in horses. The defendant, not having then occasion for, refused, but finding he could not do better, took that bond, on which the judgment in the bill mentioned, is grounded. The complainant, at the same time, presented the defendant with four hogsheads of tobacco, which was lying in one of his houses, and asked the defendant if he would take them in payment, so far as they might go, at twenty shillings a hundred. Which the defendant agreed to, provided he would send them to the inspection immediately. This the complainant promised to do, but the defendant never got them. The defendant, averring that he took the best care of the complainant's son that was possible, says he conceives his constitution and his imprudence in exposing himself too much to the sun, particularly one very hot day fishing, and his eating improper food, especially boiled bacon, was the cause of him having the smallpox so very dangerously. The defendant denies he made any extra charge against the complainant, except by express agreement, and confiding in the rectitude of his own conduct, and the justice of this worshipful court, humbly begs that he may be permitted to have the effect of his agreement at common law etc. The deposition of Robert Rakestraw, taken before us, William Hubard and John Daniel, the 23rd of October, 1786. The defendant, being first sworn, says that in April 1782, he made a contract with Dr. McKensie to inoculate him (the defendant), and one of his family, for which he agreed to pay McKensie three pistoles for each, for inoculation and medicines. Dr. McKensie informed him that he could not attend them more than fifteen days, and that if they should not be out of danger by that time, but would wish to continue him longer, that he must be paid three pistoles a day for each day thereafter. He made no contract with Dr. Mckensie for or on behalf of William Burge, or any other person. Drury Burge offered to pay Dr Mckensie the same price he, the deponent, had agreed to pay, which Dr McKensie refused. Further deponent saith not. William Burge's deposition, taken before William Hubard and John Daniel, the 23rd day of October, 1786. He applied to Dr. McKensie to know his price of inoculation, and his reply was three pistoles, and that he never understood that Dr. McKensie was to have any additional price until after they were inoculated, which was not agreed to by the patients. Further the deponent saith not. John Hannah's deposition taken before William Price and John Daniels the 23rd day of October, 1786. He asked Dr. McKensie the price of inoculation for the smallpox, and was told, three pistoles, and that he never knew the doctor charged him any more, until after the patients had been inoculated several days, and to which the patients had never consented to pay. Further the deponent saith not. Joseph Clarkson's deposition taken the 23rd day of October 1786. That Henry Burge, son of William Burge, was among the number of patients inoculated by Dr. McKensie at Mary Caldwell's in April 1782. Henry Burge was extremely ill of the smallpox, and Dr. McKensie did not give him attendance that his situation required. And that he left him before he was, in his opinion, out of danger. That the time Dr. McKensie attended Henry Burge, was after the expiration of the said fifteen days, which he was informed, had been contracted for, and that he believes the said Burge would have died, after Dr. McKensie left him, had it not been for Mary Caldwell's assistance. He was told by the patients, that each of them was to pay three pistoles for inoculation and medicine. Further the deponent saith not. Deposition of William Hubard taken before Little Joe Morton and John Daniel the 5th day of September 1785. In the spring of 1782, Dr. William McKensie undertook the inoculation of several persons at Mary Caldwell's, for which he was to be paid three pistoles a head, but that he could not give more than fifteen days attendance, which time the patients with care, would be out of danger. But if they should wish to detain him longer, he must be paid three pistoles a day each day thereafter. He recommended to the patients that it would be better to enter into an agreement to sustain such charges jointly, should the occasion through the malignancy of the disorder in any one or more of them detain him for a longer continuance. This proposal was always objected to, probably through the hope each one might entertain of his having the disorder so favorably as to have no need of a physician after the term aforesaid, or from the offer of two practitioners of Physic to some of the patients, that they would attend them gratis after the fifteen days aforementioned, if their situation should make it necessary. Drury Burge had two sons among the number inoculated, William and Henry. The later had the smallpox most violently. Drury Burge came to Caldwell's a day or two before the recovered patients returned to their respective homes, and agreed to pay Dr. McKensie three pistoles per day for his charge, to attend his son Henry, through the disorder. He several time heard, after Henry Burge had recovered, that Drury Burge had cheerfully agreed to Dr. McKensie's charge and had given him his bond, payable in tobacco at twenty shilling per hundred, for the amount thereof. Dr. McKensie acted with the greatest diligence and attention to his patients, and as far as he is capable of judging, with the skill and abilities of an able and experienced physician. It was currently reported among the patients that Henry Burge had eaten of boiled or fryed bacon and other improper diet, and had exposed himself to the sun, fishing in the middle of the day, a few days before the eruptive symptoms came. This was the cause assigned for his having the smallpox so especially bad. It is decreed and ordered that the injunction obtained by the plaintiff, to stay the proceedings at common law on a judgment obtained by the defendant against the plaintiff in the bill mentioned, be dissolved. It is further decreed and ordered that this suit be dismissed and that the plaintiff pay unto the defendant his costs. 1 August 1790 Pg 102 James Wright assignee of Zachariah Smith, who was assignee of Richard Easter vs Dudley Brooke, Jnr & Dudley Brooke Snr - a suit in debt It appearing by the sheriff's return that Dudley Brooke Jnr is not an inhabitant of this county, therefore this suit abates against him, and that Dudley Brooke Snr, being arrested and not appearing it is considered by the court that the plaintiff recover against the defendant Dudley Brooke Snr. and William Clay his security the sum of ?24, current money. 1 October 1790 Pg 104 James Adams, Guardian of Joel Sullivant, orphan of William Sullivant,dcd, came into court and rendered his account against the sd orphan's estate.....and the sd Adams produced a discharge from the sd Joel Sullivant in full of his guardianship, which was acknowledged by the sd Joel and on the motion of the sd guardian is admitted to record Pg 105 On the motion of Langston Bacon, who made oath according to law, certificate is granted him for obtaining letters of administration in the estate of George Brooke, deceased, he giving bond and security according to law. Whereupon he, with Moses Harrison, his security, entered into and acknowledge their bond for that purpose. On the motion of Sarah Johnson, widow and relict of the reverend Thomas Johnson, dec'd., who made oath according to law, certificate is granted her for obtaining letters of administration in the estate of the sd Thomas Johnson, she giving bond & security....with Joseph Friend, her security etc. Ordered that Mack Goode, Edward Moseley Jnr., William Callicott and Hillary Moseley, or any three of them, being first sworn for that purpose do appraise in current money, the slaves and personal estate of George Brooke, dcd, and that they make report thereof to this court. Indenture between John Williams on the one part and Miles Bottom of the other part was proved by the oath of three witnesses and ordered to be recorded. 1 November 1790 Pg 10 A grand jury, Obediah Claybrook,Foreman, Robert Breedlove, William Johnson, Charles Crenshaw, Thomas Mann, John Foster, James Cunningham, Thomas Pettus, Thomas Smith, Thomas Mimms, John Rice, James Hamblett, Joseph Reynolds, Julius Glazebrook and John Richardson were sworn and returned presentments against: Thomas Chaffin for profane swearing one oath at October Court. Thomas North Jnr., for profane swearing four oaths October, the 21st day, on this green. Robert Rakestraw for profane swearing four oaths at Turner Mann's the 7th day of October. Robert Rakestraw for interrupting publick worship at Turner Mann's the 7th day of October, last. Pg 113 William Cowan, Gent. who prosecutes for the Commonwealth in this Court, gave information that William Bibb, hath been guilty of offering a challenge to fight Seth Perkinson, of this county, contrary to the peace and dignity of the Commonwealth, whereupon it is ordered the sheriff summons the sd William Bibb to appear here next Court to show cause, if any, why an information should not be exhibited against him. 1 December 1790 Pg 117 Prudence Roberts, Francis Roberts and Bartlett Roberts, orphans of Francis Roberts, dcd, came into court, and being of lawful age for that purpose, made choice of John Roberts as their guardian, who is accordingly appointed, also appointed as guardian to Thomas Roberts, orphan of the sd Francis Roberts, dcd, he giving security, ...with Thomas Pettus, his security etc. 1 January 1791 Pg 123 John Roberts, in his own right, & Prudence, Francis, Bartholomew and Thomas Roberts, by John Roberts, their Guardian, vs Martha Roberts, widow and Admrx of Francis Roberts, dcd, and Willaim Hatchett & Jane, his wife; a suit in Chancery. This day came the pltfs by their atty, as well as the defendants in their proper persons, and the defendants confessing the obligations of the pltfs bill to be true, thereupon the court, by consent of the pltfs by their atty, as well as the defendants, it is ordered and decreed that a division of the lands, slaves and personal estates belonging to Francis Roberts, in the possession of the sd defendant Martha, as admrx of Francis Roberts, who died intestate, be made and assigned as well to the pltf as to the sd defendant, agreeable to law, in a fair and equitable manner, that is to say to the defendant Martha, as widow of the intestate, one third of the land and slaves during life, one third of the personal estate as of her own proper right. The residue of the sd estate, with the advancement made to the defendant Willaim and Jane, his wife in the lifetime of the intestate, be brought into hotch pot(?), that partition thereof be made in six equal parts. One equal part thereof be assigned as well to the pltf, John Roberts in his own right as each of the pltfs, Prudence, Francis, Bartholomew and Thomas. 1 February 1791 Pg 127 On the motion of John Brooke, witness for Dudley Brooke in his suit against Moses Harrison, it is ordered the sd Dudley Brooke pay him 145 pounds of tobacco, for one days attendance, and one days coming and returning 30 miles from the county of Campbell. 1 March 1791 Pg 128 Obediah Claybrook,Foreman, Thomas Pettus, Josiah Foster Snr, William Forbes, John Blankenship, Miles Bottom, Richard Dabb, John Haney, Moses Eudaley, Anthony Hancock, Thomas Smith, John Rice, Cutbirth Williamson, Burwell Brown, Moses Harrison, Robert Franklin and John Forbes were sworn as a Grand Jury and returned presentments against: Thomas Foster for profane swearing four oaths at William Johnson's sale the last day of January. James Mullins for profane swearing one oath at William Johnson's sale the last day of January. Culverin Ford for profane swearing two oaths at Archibald Campbell's store the 3rd day of this month. 1 May 1791 Pg 143 Ordered that the overseers of the poor of the fourth district, bind out Woodson May and William May, children of Abner May to Thomas Bedford, according to law, it appearing to the court the sd Abner May neglects to take care and provide for the sd children. 1 July 1791 Pg 160 A court held for the trial of a negro man slave named Dennis belonging to Luke Palmer and Cambridge a negro man slave belonging to William Harvey Jnr, who stand charged with being guilty of feloniously stealing two half joe(?) on Sunday the 19th of June last, the property of Luke Palmer, also for the trial of George, a negro man slave belonging to Luke Palmer, who stands charged with being guilty of feloniously breaking and entering the spring-house of John Fore Snr. on Saturday night the 25 of June and stealing thereof a pot of butter, some fish and dressed meat to the value of one pound current money. (Dennis is found NOT GUILTY; Cambridge is found NOT GUILTY, but George is found GUILTY) .....whereupon he prays the benefit of Clergy and to him it is granted, and it is ordered that for the crime aforesaid, he be burnt in the hand, at the bar in open court, and that he be nailed to the pillory by the ears, and stand there one half an hour on each ear, and that the nail be drawn out without cutting the ear of the sd prisoner and that he be thence discharged. Pg 160 James Hamblett,Foreman, Thomas Chaffin, George Cardwell, John Rice, Thomas Liggon, Ebenezer Vernon, Richard Dabb, John Blankenship, William Brizendine, Charles Crenshaw, Joseph Barksdale, William Marshall, William Mullins, John Hankins, William Rice, Samuel Spenser and Josiah Foster, were sworn as a Grand Jury and returned presentments against: John Tankersley for swearing one oath at Archibald Campbell's store the 23rd day of July. James Skelton for swearing one oath at Capt Collin's Muster the 16th day of July. Dudley Holt for getting drunk at this place last July Court. William Bouldin for getting drunk the 15th day of July last, at this place. William Bibb, Philip Bibb and John Marable for interrupting the congregation at time of Publick worship at Sandy Creek Meeting House the 17th day of July last by information of Henry Ford. 1 August 1791 Pg 161 (Here is found the final settlement of the estate of Francis Roberts showing the distribution to the heirs, and including a plat of the land divided to the widow and six heirs.) Pg 165 The Commonwealth vs Abner May on a presentment by the Grand Jury for Horse racing. Comes William Cowan, Attorney for the Commonwealth and a jury to wit; Valentine Sublett, William Marshall, Thomas Ford, Turner Mann, Anthony Phillips, Adam Huntsman, Andrew Hannah, William MacKenny, John Foster, William Foster, John Ward and Young Pugh, who being tried and sworn do say the defendant is guilty of the offense of which he stands presented by the Grand Jury the 7th day of August 1791, in that he is guilty of horse racing in manner and form as set forth, and it appear- ing to the court they cannot render judgment on the verdict of the jury because the sum won and lost not being ascertained, therefore the presentment is ordered to be dismissed. 1 October 1791 Pg 179 Thomas Harvey Jnr, son of Forty Eight is recommended to his excellency, the Governor as a lieutenant of the militia in the place of John Barksdale, who has resigned. 1 November 1791 Pg 187 Phil Jackson, Exo'r of Benjamin Lawson, dec'd; Plaintiff vs Joseph Adkins; Defendant* Jury consists of Valentine Sublett, John Fuqua, Samuel Rogers, James Dudgeons, James Rogers, Sackville Brewer, Nathaniel Rogers, Thomas Ford, Hezekiah Ford, John Ford, William Adams and Adam Huntsman. 1 December 1791 Pg 194 A trial held for Moses, a negro man slave,belonging to Philip King, who stands charged with being guilty of feloniously breaking open the dwelling house of Jeremiah Liggon in Chesterfield county, on the 15th day October last, and stealing thereout three pounds, thirteen shillings and four pence in cash and sundry cloaths of the value of four pounds, and also for feloniously breaking open the shop and chest of Pleasent Cace of this county and stealing thereout, cloth and cloaths of the value of three pounds current money. (Moses is found guilty and ordered to be burnt in the hand and nailed by the ear to the pillory for one half hour each ear, and the nail withdrawn without cutting the ear.) Pg 197 The County Levy is reported and includes the following: Reps Osborne for two young wolves......... 300# Tobacco 1/17/6 Reps Osborne for 3 young wolves........... 450# Tobacco 2/16/3 Philip Osborne 1 old wolf................ 300# Tobacco 1/17/6 1 February 1792 Pg 200 James Callicott is appointed Surveyor of the Road whereof John Norris was late surveyor. Ordered that Langston Bacon, Hilliary Moseley, Miles Bottom and Edward Moseley Jnr., or any three of them being first sworn for that purpose, do view a way for a road to be laid open and cleared from Cox Road where the Court House Road joins the sd road to the Bibb's Ferry Road at Websters, and they shall report to the court . . . etc 1 March 1792 Pg 203 Obediah Claybrook, Foreman, Sackville Brewer, Julius Glazebrook, Charles Crenshaw, John Rice Snr., William Rice, Thomas Pottier, Philip Goode, Josiah Foster, Richard Dabb, Burwell Brown, Charles Hansay, Henry Madison, Ebenezer Vernon, Thomas Chaffin, James Hamblett, William Foster, John McCargo and William Marshall were sworn as a Grand Jury returning only presentments against Surveyors of the Road. Pg 204 Joseph Ferguson Snr., vs Benjamin Watson .....Also a jury towit: Hillary Moseley, George Jude, Anthony Hundley, John McCargo, James Segar, Isaac Smith, Arthur Moseley, Thomas Ford, Josiah Moseley, Nathaniel Rogers, Robert Prewit and Lewis Jackson... Pg 217 (Here appear the first of what is to become a standard feature of the last month of each quarter, a section entitled "RULE JUDGMENTS CONFIRMED".) 1 April 1792 Pg 222 Langston Bacon, Edward Moseley and Hillary Moseley, who were appointed to view a way for a road to be opened and cleared leading from Cox's Road at the Court House Road to Bibb's Ferry Road at Webster's made their report...Langston Bacon is appointed Surveyor of the road, and it is ordered that he, with his own male laboring tithables, and those belonging to Isaac Brizindine, Miles Bottom, Jonathan Ashworth and Harrison Ashworth do forthway lay open and clear the way. 1 May 1792 Pg 223 Obediah Claybrook,Foreman, Willaim Harrison, Thomas Pettus, William Rice, John Sandefur, Henry Ford, William White, Richard Dabb, Thomas Chaffin, Thomas Ligon, Martin Matthewson, John McCargo, Philip Goode, Thomas Redman, Julius Glazebrook were sworn as a Grand Jury...(returned presentments for sell liquor without a license, and not keeping the roads in repair) Pg 235 Information is given and a complaint is made to the Court that a certain Richard Ross of this county has been guilty of insulting and abusing James Patillo, Gent. one of the Justices of the county aforesaid, with abusive and blasphemous language, when in the execution of his office, with Benjamin Hazelwood and John Sandefur, under order of this court, acting as Commissioners in directing and allotting off the dower of Ann Verner... 1 June 1792 Pg 245 Ordered that James Callicott, William Callicott, Henry Ford, William Brizidine, or any three of them, having first been sworn for that purpose, to view a way proper for a road to be laid opened and cleared leading from James Callicott's to Sandy Creek Meeting House, and that they report to the Court,etc. Pg 249 Rates for Liquors are adjusted and set as follows: West India Rum, by the Gill 0/00/04 Wine by the quart 0/03/00 French Brandy by the Gill 0/00/03 Peach or Apple Brandy by the Gill 0/00/04 Whiskey by the Gill 0/00/03 Cyder by the quart 0/00/04 Breakfast 0/01/03 Dinner 0/02/00 Lodging for the night 0/00/06 Corn or Oats by the gallon 0/00/07 ? Fodder by the pound 0/00/01 Pasturage for a horse, 24 hours 0/00/06 Stablage for a horse, 12 hours 0/00/12 On the motion of Beverly Callicott, who made oath according to law, certificate is granted him for obtaining letters of administration in the estate of Liggon Vaughn,dcd.. whereupon he with William Callicott, his security, acknowledge themselves bound by law for that purpose. Ordered that Francis Barnes, James Callicott, William Callicott and William Brezindine, or any three of them, do appraise in current money, the slaves, if any, and the personal estate of Liggon Vaughn, dec'd, and that they report the same to the court. 1 July 1792 Pg 250 Samuel White, Joel Watkins, Thomas Spenser Jnr. Francis Scott and Richard Gaines are appointed to let the building of a stone prison twenty-two by eighteen, eighteen foot pitch. The consideration not to exceed the sum of ?250, and the letter is authorized to draw on the Collector for the sum of ?75 in advance, the undertaker giving bond for the performance of the contract by the first day of July, next. ... This is the beginning of a series of actions revolving around a family fight. ================