Court Records of Elizabeth Elswick, 1823-1826 - Montgomery Co., VA Surnames in these court records: Anderson, Bishop, Cecil, Charlton, Crandal, Compton, Covey, Cox, Currin, Dobbins, Dobyn, Elswick, Gardner, Goodson, Godbey, Hall , Hayes, Howerton, Hughes, Jones, Kent, Lester, Lewis, Lorton, Pepper, Rupe, Smith, Taylor, Thomas, Wade (Submitter Note: Hand-written entries on forms are typed in capitals. Documents are dated 1823, 1824, 1825 and 1826, and are numbered 1-16.) (Document 1) 8 September 1823 Virginia Montgomery County To Wit The grand jurors for the Commonwealth and for the body of the County of Montgomery impaneled in the Superior Court of Law held for said county the 8th day of September in the year of Christ One thousand eight hundred and twenty three upon their oath present That Elizabeth Elswick late of the county of Montgomery aforesaid spinster. On the tenth day of June in the year of Christ one thousand eight hundred and twenty three at the County of Montgomery aforesaid and within the jurisdiction of the Superior Court of Law appointed by law to be holden in and for the County of Montgomery aforesaid with force and arms an assault did make in and upon the body of one Polly Dobbins in the peace of God and of the Commonwealth then & there being and her the said Polly Dobbins she the said Elizabeth Elswick did then and there beat wound and ill treat and other wrongs and enormities then and there did commit to the evil example of all others in like cases offending and against the peace and dignity of the Commonwealth upon the Information of Polly Dobbins, spinster of Montgomery County who was called on by the Grand jury and Sworn in court to give evidence to the Grand jury. (Document 2)16 Sept 1823 Commonwealth of Virginia, To the Sheriff of Montgomery County. Greeting. We command you that you summon Elizabeth Elswick to appear before the Judge of the Superior Court of law for said county at the court house on the 1st day of April Term next to answer a bill of indictment found against her by the Grand Jury for a breach of the peace by beating wounding and ill treating one Polly Dobbins. And have then there this wit. Witness Charles Taylor Clerk of our said court at court house this 16th day of September 1823 in the 48th year of the Commonwealth. /s/ Charles Taylor (Document 3) 31 July 1824 Know all men by these presents, that we ELIZABETH ELSWICK AND WILLIAM HAYS are held and firmly bound unto ANDREW LEWIS Esq. Sheriff of Montgomery County, in the penal sum of FIVE HUNDRED DOLLARS cents to be paid to the said ANDREW LEWIS or HIS certain attorney, HIS executors, administrators or assigns to which payment well and truly to be made, we bind ourselves jointly and severally, and each of our joint and several heirs, executors & administrators, firmly by these presents. Sealed with our seals and dated this 31ST day of JULY one thousand eight hundred and twenty four The Condition of the above obligation is such, that whereas THE COMMONWEALTH hath sued out of the SUPERIOR Court of MONTGOMERY a writ of Capias ___________against the body of the above bound ELIZABETH ELSWICK UPON AN INDICTMENT FOR BREACH OF THE PEACE BY BEATING WOUNDING AND ILLTREATING ONE POLLY DOBBINS which writ hath been duly executed. Now if the above bound ELIZABETH ELSWICK do and shall well and truly make HER personal appearance before the JUDGE of our SAID SUPERIOR COURT at the Court House, on the 1st day of the next term and then and there answer the INDICTMENT Then the above obligation to be void; else to remain in full force and virtue. Signed, Sealed and delivered in presence of /s/ROBERT KENT /s/ ELIZABETH X ELSWICK (her mark) (seal) /s/ WM. HAYS (seal) (Document 4) 1823, 1824 (A three-fold document) (Left) We of the jury find the defendant guilty and assess her ______ to Twenty Dollars W B Charlton Numbers: 96; 62; 18; 70; 1.00; 38; 72; 40 Total $4.96 c__ 10.00 att; 1.59 wit; 2.73 _____. Total $19.28 (Center) Commonwealth vs } Indictment for a breach of the peace Elizabeth Elswick A true Bill Wm. Thomas forman 1823 A__ Judgt. (Right) 1823 Sept. Bill presents & ____ awarded 1824 Afsd ___ awarded ___ Not Guilty & ____& cont at dep__ costs (Document 5) 19 April 1825 The Commonwealth of Virginia, To the Sheriff of Montgomery County Greeting: We command you, that of the goods and chattles of ELIZABETH ELSWICK late in your bailiwick, you cause to be made TWENTY DOLLARS which THE COMMONWEALTH lately in or SUPERIOR Court of Montgomery have recovered against HER FOR AMERCEMENT FOR A BREACH OF THE PEACE also $19.28 CENTS which to the said COMMONWEATH in the same Court were adjudged for HER costs in that behalf expended, whereof the said ELSWICK is convict as appears to us of record and that you have the same before the JUDGE of our said COURT at the Court house on the first MONDAY in JUNE next, to render unto the said COMMONWEALTH of the FINE and cost aforesaid, and have then there this writ. Witness Charles Taylor Clerk of our said Court, at the Court house this 19TH day of APRIL 1825 in the 49TH year of the commonwealth. /s/ Charles Taylor (Document 6) 20 June 1825 The Commonwealth of Virginia, To the Sheriff of MONTGOMERY County Greeting: We command You to take ELIZABETH ELSWICK late of sd county if she be found within you your bailiwick, and HER safely keep so that you HAVE HER body before our JUDGES of superior Court, at the Court House, on the first MONDAY in AUGUST, next to satisfy THE COMMONWEALTH THE SUM OF TWENTY DOLLARS which the said COMMONWEALTH recovered against HER for AMERCEMENT FOR A BREACH OF THE PEACE also the sum of $19.68 which to us in the same court were adjudged for OUR costs in that BEHALF expended, whereof SHE IS convict as appears to us of record. And have then there this writ: Witness Charles Taylor Clerk of our said Court at the Court House the 20 day of JUNE 1825 in the 49 year of the Commonwealth /s/ CHARLES TAYLOR (Document 7) August 1, 1825 A schedule of the whole estate of Elizabeth Elswick who is in custody of the Sheriff an Execution the Commonwealth __ her paid from the Clerks office of the superior Court of Law for Montgomery County no estate whatever wearing apparel excepted, and no debts owing. August the 1st 1825. /s/ Elizabeth X Elswick (her mark) (Document 8)19 Oct 1826 Montgomery County Wit Whereas I have received Information upon oath from James Howerton and Anderson Dobbins that the following property To Wit 1 sheet, 2 shirts, 2 shifts, one furkin of lard, 2 cambric dresses & capes, 7 yds of flax thread, 1 cravat, one piece of netting has within the last of July last past been feloniously taken Stolen and Carryed a way out of the possession of the sd James Howerton and Anderson Dobbins in the county a foresaid and that the said James Howerton and Anderson Dobbins hath probable cause to suspect and doth suspect that the sd property is conceald on the premises of William Hayes of this county labourer Deposited there by By Betsey Elswick, these are there fore In The Name of the Commonwealth to authorise and require you with necessary and proper assistants to Enter in the Day time into the houses and premises of William Hayes and there make diligent Search for the sd goods and if the above goods or any part thereof is found upon search that you bring the same and also the bodys of William Hayes Lydda Hayes and Betsey Elswick before me or some other Justice of the peace for this county to be disposed of and dealt with according to law. Given under my hand and seal this 19th day of October 1826. To Henry Bishop to Execute} G. Godbey __ (Document 9) 1826 Commonwealth vs search warrant Wm Hayes, Lydda Hayes and Betsey Elswick Executed and found cotton and thread cloth 2 flowered capes;1 cambric dress;1 pair of scissors; 1 bundle of pieces; 1 apron two shirts; 1 cape two pieces clo; 7 hanks of flax; thread 1 piece of netting /s/ Hy. Bishop, ____ (Document 10) 21 Oct 1826 Montgomery County to Wit Memorandum that upon this 21st day of October in the year of Christ 1826 John dobbins _, Asa Hall, Elizabeth Dobbins, Peggy dobbins, Allen Crandal, Crockett Crandal, Lydda Hayes, Polly Dobbins, Wm Covey, Polly Rupe, Henry Bishop, James Howerton, Anderson Dobbins, prossecutors, of the said county aforesaid came before me, G. Godbey a Justice of the peace for the county aforsd. and Each of them of their proper person Acknowledged themselves Indebeted to John Tylor, Esq., Governor (Chief Magistrate) of the Commonwealth of Virginia and his successors in the sum of 40 dollars to be levied severally of Each of their Goods and chattles lands and tenements Respectively to the use of the sd Commonwealth upon condition that if each of them do personally appear before the Commonwealth justices of the peace for the said County of Montgomery on the 30th of this Inst. at a court to be held at the Court house for the Examination of Betsey Elswick charged with stealing and carrying away and concealing diverse goods and ___ and do then and there on behalf of the Commonwealth give such Evidence as he knoweth against the sd. Betsey Elswick concerning the matters where with she is charged and that neither of them do depart with out leave of the sd. Court then this Recognizance to be void Else to remain in full force. Acknowledged before me /s/ G Godbey (Document 11) 21 Oct 1826 Montgomery County to Wit To William Wade keeper of the jail of said County I Lend you herewith the body of Betsey Elswick spinster Taken and brought before me for feloniously stealing and carrying a way divers pieces of property from James Howerton and Anderson Dobbins to wit 1 sheet 2 shirts 2 cambric dresses 2 capes and other articles within the last of July last past. These are therefore in the name of the Commonwealth to command and Require the sd jailor to Receive the body of Betsey Elswick into your jail and custody and her there safely to keep till she shall be thence discharged by due course of law. Given under my hand and seal this 21st of October 1826. /s/ George Godby (seal) (Document 12) 21 Oct 1826 Montgomery County to Wit To Robert Kent DS for Thos Goodson Whereas Betsey Elswick of the County of Montgomery Spinster was this day committed to the jail of the county by my warrant for feloniously stealing and carrying out of the possession of James Howerton and Anderson Dobbins the following property To Wit 1 sheet 2 shirts 2 shifts one furkin of lard 2 cambric dresses 3 ___ 7 yrds of flax thread 1 cravat one piece of netting which property was feloniously stolen and carryed a way within the ___ of July last past and it appearing to me that the felonious offense where with she stands charged with ought to be examined ___ by the County Court therefore on behalf of the Commonwealth I require you that you summon at least Eight of the Justices of this county to meet at the Court house on the 30th of this _____ of and then and there to hold a court for the examination of the fact with which the sd Betsey Elswick stands charged and for such other purposes concerning the premises as is by law required and directed and that you have then and there this warrant given under my hand & seal this 21st of October 1826. /s/ G. Godbey (seal) (Document 13) October 30, 1826 The Commonwealth of Virginia, To the Sheriff of MONTGOMERY county Greeting: We command You to summon THOMAS LORTON, POLLY LORTON, JAMES COMPTON, BETSEY COMPTON, MATILDA?_SMITH , LUKE COX? JOHN HUGHES, AMBROSE COX MARGARET SMITH AND JONATHAN ELSWICK to appear before the JUSTICES of our Court of Montgomery county at the court house on the THIRD day of NOVEMBER next to testify and the truth to say in behalf of BETSEY ELSWICK in a certain matter of controversy in our said court depending and undetermined between THE COMMONWEATH AND THE SAID BETSEY ELSWICK and this THEY shall in no wise omit under the penalty of #100 and this THEY shall in on wise omit under the penalty of (pound sign) 100. And have thern there this writ. Witness Charles Taylor, Clerk of our said court at the court house the 30TH day of OCTOBER 1826 in the 51ST year of the Commonwealth. /s/ CHARLES TAYLOR (Document 14) Dec 9 , 1826 Summon to appear on the 19 Dec 1826 Montgomery County To Wit To the Sheriff of the said County Whereas Betsey Elswick of the county of Montgomery afrdsd spinster was this day committed to the jail of this county by my warrant Feloniously stealing and carrying a way about seven yards of Flax thread (the property of Abner Dobyn) it appearing to me that the felonious offense wherewith she stands charged ought to be examined into by the county court. Therefore in behalf of the Commonwealth I require you that you summon at least eight of the Justices of your said county to meet at the Court house on the 19th day of this ____ and then and there to hold a court for the examination of the fact with which the said Betsey Elswick stands charged and for such other purposes concerning the premises as is by law required and directed, and that you have then there this warrant. Given under my hand and seal this 9th day of December 1826. /s/ Hamilton Wade (seal) Not dated, but copy is attached to Wade's summon. Commonwealth }to summon Betsy Elswick Summoned Robert Gardner, Hugh M __Kent, Wm. Anderson, Haml. Wade, W.B. Charlton, John Pepper, Wm Currin & John G. Cecil, Esq. John N. Charlton Dsfor /s/Thos. Goodson, S__ (Document 15) 12 Dec 1826 The Commonwealth of Virginia, To the Sheriff of MONTGOMERY county Greeting: We command that you summon Elizabeth Elswick to appear before the Judge of the Superior Court of law for said county writ. Witness Charles Taylor, Clerk of our said court at the court house the 12TH day of DEC 1826 in the 51ST year of the Commonwealth. /s/ CHARLES TAYLOR. (Document 16) 12 Dec 1826 The Commonwealth of Virginia, To the Sheriff of MONTGOMERY county Greeting: We command You to summon THOMAS LORTON, POLLY LORTON, RACHEL HUGHES, LYDIA HAYES, ELIZA HAYES, STEPHEN LESTER, GEORGE JONES, JAMES CUMPTON, WM. COVEY, TOM HAYES, JONTHAN ELSWICK to appear before the JUSTICE of our Court of Montgomery county at the court house on the 19TH day of this month to testify and the truth to say in behalf of ELIZABETH ELSWICK in a certain matter of controversy in our said court depending and undetermined between THE COMMONWEATH AND THE SAID ELIZABETH ELSWICK CHARGED WITH FELONY and THEY shall in on wise omit under the penalty of #100. And have them there this writ. Witness Charles Taylor, Clerk of our said court at the court house the 12TH day of DEC 1826 in the 51ST year of the Commonwealth. /s/ CHARLES TAYLOR. Submitted by Jemima Gee Morse **************************************************************** 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. Files may be printed or copied for personal use only. ****************************************************************