PATRICK COUNTY, VA - COURT - Order Book "4" (Selected Entries, 1832) ----¤¤¤---- MARCH COURT (15 March 1832) A deed from Haman Shelton and wife to James Handy with the Certificates thereon endorsed was presented in Court Examined and ordered to be recorded. Also a Release of a trust deed from William Clark Trustee to William Sharp with the Certificate thereon endorsed was also presented examined and ordered to be recorded. Also a Deed from William Sharp to James Duvall with the Certificate thereon endorsed was exhibited in Court, Examined & ordered to be recorded. An Inventory and appraisement of the estate of Mildred Rea decd. was returned to Court examined and ordered to be recorded. Brett Stovall foreman, Marvel Spencer, Joshua Mize, Thomas Harbour, Wm. Cassle, Edward Murphey, Edmund Fulcher, A.B. Thomas, George Gunter, James Conner, Thomas Morrison, Jeremiah Burnett Jr., Saml. Sneed, Gabl. Bolling, Jonas Plasters, Isham Bernard, Moses Harbour & Absolem Shelton; were sworn a grand Jury of inquest for the body of this Court, after receiving their charge went out of Court to consult upon their presentments and after some time returned into Court with a presentment against Robinson Cleaver for assaulting and beating Wm. Thompson at Patrick Courthouse on February Court day last. Also a presentment against David Callum of North Carolina Rockingham County for retailing spectuous liquors to be drank at the place where sold at the house of the widow Rae decd. in this County on the 5th March 1832. Also a presentment against Alexander Murphey, Roberson Clever, Leonard Fitzgerald and Obediah Glassgow for unlawful gaming by playing at Cards at the Tavern house ocupied by Eliphaz Shelton a place of public resort at Patrick Court within six months last past. And it is ordered that rules to show cause be issued in the several presentments returnable her on, the first day of the next term And the Jury having nothing further to present was discharged. William Corn is appointed Guardian for Stacy W. Corn, Wm. A. J. Corn, John P. Corn, Joshua A. Corn, James R. W. Corn, & Rosina A. Corn children of the said Wm. Corn and under age who have title to part of the estate of John Adams Jr., decd., whereupon he together with Marvel Spencer his security entered into and acknowledged bond in the sum of Sixty dollars and bound according to law. (16 March 1832) John Tatum, Clark Penn and John A. Hairston are appointed Commissioners to scrutinize the polls to be taken for the election of a Delegate to the next General Assembly for the County according to law. Redd v. Hughes & others a Jury sworn to wit, Bernard Price, Peter Keaton, Isaac Griffith, Hardin R. Hall, Berryman Glassgow, James Murphey, Jno. B. Williams, Moses Martin, George Reynolds, Obediah Glassgow & John Massey & Jno. Sharp who being elected tried & sworn the truth to speak upon the issue joined upon their oath do say "We of the Jury find for the Defendants." Therefore it is considered by the Court the said Defendants be hence discharged & recover their Costs by them in this behalf expended, etc. Penina Smith Guardian of the Infant Children of Jno. Smith decd. being ruled to Counter security came into Court and tendered Munford Smith who was accepted by the Court, and Clark Penn her former security is released from all further liability, Whereupon the said Penina Smith and Munford Smith her security entered into and acknowledged bond in the sum of Two thousand dollars conditioned according to law. A Power of Attorney from John Jones Guardian for Wm. & John Shelton, to Nathl. H. Claiborne acknowledged and ordered to be recorded. An Account current of Wm. Lyon, Admr. of Wm. Collins decd. was exhibited in Court examined & ordered to be recorded. On motion M. R. Hughes, Frederick Critz and John G. Lee are appointed Commissioners to settle the Account current of Greensville Penn executor of Adrian Anglin decd. and make report thereof to Court. Madison R. Hughes is appointed Surveyor of the road from the Henry line to Greenl. Penns store in place of John Iron removed and that the hands of the said John Iron constitute his gang. William Lyon, John Lyon & Samuel Sharp, On the motion of Edward Philpott Shriff of this County and with the assent of the Court are appointed his deputies during pleasure, it appearing to the satisfaction of the Court that they are men of honesty, probity & good demeanor Whereupon they took the oath of Deputy Sheriff & the several oaths prescribed by law and proceeded to the execution of their appointments. On motion It is ordered that Wm. Thompson Senr. and Cornelius Thompson be exempted from the payment of County levies & poor rates in future. Commonwealth v. John Moles a Jury Sworn to wit, Wm. Sharp, Jno. Munday, Edmund Fulcher, Edmd. Beasley, Thomas Bray(?), Tandy Stone, Allen Joyce, John Bowman, Francis Nowlin, Gabriel Critz, Daniel Gray, & Joseph Flipping who being elected tried and sworn the truth to speak upon the issue joined upon their oath do say "We of the Jury find the defendant guilty & assess his fine to one cent." Therefore it is considered by the Court that the Commonwealth recover against the Defendant the fine aforesaid in form aforesaid assessed together with the Cost in this behalf expended. APRIL COURT (12 April 1832) Eliphaz Shelton is by Edward Philpott appointed one of his deputies in this County and thereupon with the assent of the Court the said E. Shelton took the several oaths prescribed by law, it appearing to the satisfaction of the Court that he is a man Honesty probity and good demeanor. Naman Harbour is appointed Overseer of the poor in place of Hardin R. Hall who has vacated his office by the acceptance of an office under the Government of the United States and thereupon he took the several oaths prescribed by law. A deed from John A. Corn, Elizabeth Corn, William Corn, Stephen Nelson, Ann Nelson, Abram Spencer, Catharine Spencer, Marvel Spencer, Sarah Spencer, William Spencer, Mary Spencer, Paul Adams, Esther Adams, Rowland Adams, Jesse Carter, Ruth Carter, James Adams & Leona Adams to Joshua Adams acknowledged by Abram Spencer, Marvelle Spencer, Wm. Spencer, Paul Adams & Rowland Adams and ordered to be certified and Elizabeth Corn, Sarah Spencer, Mary Spencer, Ester Adams, Ruth Carter, and Leona Adams parties to said deed respectively relinquished their rights of dower in and to the lands Contained in the aforesaid deed, and that the same was done by them without any threats or persuasion from their said Husbands & Did not wish to retract the same. Samuel Sharp is appointed surveyor of the road from the ford of the River near Sheltons place to Staples style and from thence each way to the outer Verge of the Town of Taylorsville and it is ordered that the hands of A. Staples, James M. Redd & John C. Staples at the Courthouse and Henry Aistrop, Milton R. Dodson, James & Spencer Nowlin, Nivan McKinney & all other hands within the said Town including S. Beasley and John Grady & said Grady son do constitute his gang and that the said hands so assigned to the said S. Sharp be & they are hereby taken from the Overseers under whom they respectively work. MAY COURT (18 May 1832) Abram Staples & Harbert and Eliphaz Shelton having produced in Court this Sheriffs receipt for the tax imposed by law, On their motion license is granted them to keep an ordinary in the Town of Taylorsville till the 1st day of May Court next, It appearing to the satisfaction of the Court that they are men of honesty probity and good demeanor and not addicted to gaming and that they will keep an orderly and useful houseful of entertainment Thereupon they together with [left blank] their security entered into and acknowledged bond conditioned according to law. Murphy Ayers and James Boyd for reasons appearing to the Court are each exempted from the payment of County levies and poor rates in future. JUNE COURT (14 June 1832) Saml. Sharp & John Lyon DSheriff for Jno. Tatum exhibited in Court a list of Insolvents tithes for the year 1831 which was examined & allowed by the Courts. (15 June 1832) To James Shelton surveyor of the road for 5 days services 2.50 To Greenl. Penn & Co. for 4 panes window glass for Clks office .40 To Jas. Murphey for Patrolling 253 hours @ 75¢ for every 12 assigned to Thos. J. Penn & Co. per Acct. filed 15.81¼ To Eliphaz Shelton for Patrolling 414 hours @ same assigned to same 25.87½ To James Newman Sr. for 12 hours patrolling 0.75 To Herbert Shelton for 96 hours ditto 6.00 To Saml. Sharp for 56 hours Patrolling 3.50 To same as DShff as per Acct filed & allowed by the Court 7.50 To same as Surveyor of a road for 2½ days work 1.25 To William N. Sharp Survey of the road for 11 days work this & last year 5.50 To Peter Shelton Surveyor of the road for 3 days work 1.50 To this amount to William Lyon late Deputy Sheriff of this County being the balance due him from the County by Settlement this day made with the Court on account of deficit of the depositum 9.92 To this amount, to be paid to Colo. G. Penn and applied by him to the Support and maintenance of an infant Child of Thomas Griffin 12.00 To William Lyon Deputy Sheriff as per account exhibited & filed 15.51 (16 June 1832) Stovall for et al v. Smiths executor and Executrix on the motion of the plaintiff & it appearing by the production of an order of this Court that the estate of John Smith decd. the Defendant & Testator has been Committed to Edward Philpott Sheriff of this County, it is ordered that the name of said Edward Philpott Sheriff as aforesaid be substituted as party defendant for the Names of the present defendants and thereupon came a jury to wit, Christopher Ziglar, Thomas Hudnall, Wm. Hudnall, Frederick Gilbert, Thomas Fitzgerald, John Bowman, Philip Askew, John Munday, George Callaway, Obadiah Glasgow, Wm. Sharp and Jos. Smith who being elected Tried & sworn the truth to speak upon the issue joined went out of Court to consult of their verdict and after some time, the Court having finished the rest of the business, returned into Court & declared they could not agree on a Verdict whereupon Joseph Smith one of the jurors aforesaid was withdrawn & the rest of the jurors from rendering their Verdict discharged and the Cause Continued till the next Term. JULY COURT (12 July 1832) An Inventory and Appraisement of the estate of David Crews Senr. decd. was returned into Court examined and ordered to be recorded. On the motion of Edward Philpott esq. Sheriff and with the assent of the Court Alexander Clark is appointed his deputy during pleasure, it appearing to the satisfaction of the Court that he is a man of honesty probity and good demeanor, whereupon he took the oath of Office and the several oaths prescribed by law and entered upon the duties of his Office. On the motion of Wm. Lyon, Admr. of James Taylor decd., It is ordered that John G. Lee, Wm. Critz & John C. Staples or any two of them be appointed Commissioners to settle the Acct. Current of the Said Lyon as Admr of James Taylor decd. and also that the same Commissioners or any two of them do Settle the Account Current of the Said Lyon as Admr. of Wm. Collins decd. and make report thereof to Court. It is ordered that Thomas Dehart one of the Overseers of the Poor do Send to some fit and proper person, according to law, James M. Bolling son of Thomas Bolling decd. and make return thereof to Court. Cassle & Sharp v. Levi Smith. The Defendant who stands arrested and in custody of the Sheriff Comes into Court and delivered in a Schedule of his estate and thereupon he took the oath of an insolvent debtor and was ordered to be discharged out of Custody. For reasons appearing to the Court It is ordered that John Midkiff Senr. be exempted in future from the payment of County & parish levies and it is further ordered that the Sheriff be restrained from collecting the present levy from the said Jno. Midkiff. AUGUST COURT (16 August 1832) Administration of the estate of John Gilbert decd. is granted to Hannah Gilbert & Saml. Gilbert whereupon they took the oaths prescribed by law and together with Obediah Belcher & A. Staples their security entered into and acknowledged bond in the sum of four hundred dollars conditioned according to law. Wm. Critz, Jno. Tatum & John C. Staples are appointed commissioners to appraise this estate of John Gilbert decd. & make report thereof to Court. Barzolea Burch is appointed Surveyor of the road called the Bull Spur road from where it intersects the Wards Gap road to the North Carolina line and that Thos. Going, Claiborn Going, George Stovall, Capt. Jno. C. Staples hands at Dann river, Wm. Going & Andrew Birch constitute his gang. John Tatum, Clark Penn, Thomas Penn, Brett Stovall, Wm. Critz & Wm. Griffith are appointed commissioners on the South side of the Bull Mountain and Richard Thomas, Thomas Harbour & M. Sandifur on the north side of said Mountain And It is ordered that they proceed to the discharge of their duties according to law. James Tuggle Jr. having failed to appear is discharged of his recognizance entered into before Wm. Critz esqr. one of the Justices of this County, And thereupon it is ordered that a Scire facias issue against the said James Tuggle Jr. & Walker Tuggle & Jno. Odeneal(?) his securities according to law. SEPTEMBER COURT (13 September 1832) A Deed of Trust from Robert Boaz and Sam Sharp Trustee to A. Staples with the Certificate thereon endorsed was exhibited in Court, Examined & ordered to be recorded. To A. Staples as per account for attending Examining Courts $7.00 To David Hudson as per account for guarding Jas. Duncan to Jail .50 To Wm. Clark Constable as per acct. filed for sundry services 23.41 OCTOBER COURT (11 October 1832) A Deed from Wm. Lyon & wife to Wm. Roberson acknowledged & ordered to be recorded. Ordered that James Cox be exempted rom the payments of County & Parrish levies in future. John Tatum, Wm. Critz & Levi Clinkscales are appointed Commissioners to settle the Account current of the Admr de bonis non of Wm. Smith Jr. decd & make report thereof to Court. An Account current of Wm. Lyon Admr of James Taylor decd. was exhibited in Court examined & ordered to be recorded. Wm. Critz, Haman Critz & Levi Clinkscales are appointed Commissioners to settle the Account Current of Penina Smith exorx. of John Smith decd. and make report thereof to Court. James M. Redd one of the Securities of Wm. Lyon Admr of James Taylor decd. having notified the said Lyon to give Counter Security and the said Lyon accepting this came here in Court and refusing or failing to give such security, it is adjudged and orderd. that his power as admr. aforesaid be revoked & annulled, And thereupon Thomas Penn is appointed Admr. of the said James Taylor decd. And thereupon he took the oath of an Admr and entered into bond with A. Staples his security in the sum of one Thousand dollars Conditioned according to law. Caleb Griffith is appointed Surveyor of the Road from the ford of the Creek near Lyons Mill to John Ingrams And it is ordered that Joseph Edwards, Wm. Wills, Tom Jackson Hales, Robert Moore, William Clifton, Mark Plasters, Fleming Plasters, James Fulcher, Harden Fulcher, John Gilbert and James Murphy constitute his gang and do assist the said Surveyor whenver thereto requestd and Keep the said Road in repair according to law. Seyberd Webb is appointed Surveyor of the road from his own house to the Floyd County line And it is ordered that John Shaler, Wm. Thompson, Ricd. Thompson, Levy Rakes, Alexander(?) Wood, David Edens and his two sons, Michael Askew, Spencer Cockram and Dennis Hale constitute his gang.... State of Virginia, County of Patrick, to wit, On this 11th day of October 1832, personally appeared in open court before the Justices of the County aforesaid, now sitting, Harvey Fitzgerald, a resident of Patrick County and State of Virginia, aged seventy years the 25th day of July last past, who being first duly sworn according to law doth on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7th 1832. That he entered the service of the United States under the following named officers, and served as herein stated. That he was drafted in the year 1781 in the County of Henry and State of Virginia, then being a resident of said County and State, in the Company of Capt. James Cowdon of said County, and marched in the month of April of the year aforesaid from Henry Courthouse through the Counties Pittsylvania, Halifax, Charlotte, and Prince Edward Virginia and was stationed in Prince Edward a short time. That at that time his company belonged to the Battalion of Major Tucker, but does not recollect the name of his Colonel. That from Prince Edward they crossed James river at Carters ferry and marched down through the Country lying on Pamunkie and Chickahominee from thence to old James Town on James River, thence up to a place about fifteen from Richmond called the Mobbin Hill, at which place he was discharged by Capt. James Cowdon (which discharge is herewith filed and marked A). That he was in no battle during that time. And that there were no regulars as he recollects with them during that Tour. That he returned home about the 1st of August 1781, and remained there a few days and Volunteered in the County of Henry and State of Virginia in the Battalion of Major George Waller of said County and State and marched to Petersburgh, from Petersburgh through old James Town and Williamsburgh to little York, at which place he was attached to the Company of Capt. Gideon Spencer under whom he fought the battle of little York. At little York he saw many of the field officers and knew General Washington very well. After the surrender of Lord Cornwallis he marched to Winchester as a guard to the prisoners taken at York, and remained there until he was discharged on the 7th November 1781. That he omited to mention that in his first Tour he saw Genl. Stueban and Genl. Lafayette in Prince Edward County, old James Town and other places. That he then served under General Stueban, that in all he served a little more than six months as he verily believes. He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State. Sworn to and Subscribed the day and year aforesaid. H. Fitzgerald We, Manning Hill, a clergyman residing in the County of Henry and State of Virginia, and John C. Staples residing in the County of Patrick and State hereby certify that we are well acquainted with Harvy Fitzgerald esquire, who has subscribed and sworn to the above declaration; that we believe him to be seventy years of age; that he is respectable and believed in the neighbourhood where he resides, to have been a soldier of the revolution and that [we] concur in that opinion. Sworn to and subscribed the day and year aforesaid his Manning x Hill mark John C. Staples And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the war department, That the above named applicant was a revolutionary Soldier and served as he states, And the Court further Certifies that it appears to them that Manning Hill who has signed the preceeding Certificate is a clergyman resident in the County of Henry and that John C. Staples who also signed the same is a resident of the County of Patrick and is a credible person and that their statement is entitled to credit. NOVEMBER COURT (15 November 1832) State of Virginia, Patrick County Scl On the 15th day of November 1832 personally appeared in open Court before the Justices of the County Court of Patrick now sitting John Sharp Sr., a resident of the County of Patrick and State of Virginia, aged between seventy nine and eighty years, who first being duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7, 1832 -- That he entered the service of the United States under the following named officers and served as herein stated. That he volunteered in the County of Bedford and State of Virginia, in the company of Capt. James Poteet of said County in the early part of the year 1781, and marched to New London in said County at which place he was compelled to remain several weeks, from New London he marched through the County of Pittsylvania where he thinks Danville now is or thereabouts and joined the Company of Capt. Jonathan Richardson in the Regiment of Colo. Charles Lynch, thence across the Dan river to Genl. Greens head Quarters near Guilford Old Courthouse in North Carolina. That at Genl. Greens head Quarters he became acquainted with Genl. Green, under whom he fought the battle of Guilford. That in said battle he and his Captain (or Capt. Richardson) were about the last to leave the field when Genl. Greens army retreated before Lord Cornwallis. That in consequence of the fatigue of the said battle and want of provisions he had a very severe spell of sickness. That after marching some distance into the County of Chatham in North Carolina he was discharged by Capt. Richardson (which discharge is herewith filed marked A ) and returned to the County of Bedford in the state of Virginia where he then resided. That after remaining at home about two months he again marched with Capt. Poteet and Lieutenant James Calloway to Little York in the State of Virginia. At Little York he joined the Company of Capt. John Trigg and Regiment of Colo. Tucker. That he was also in the action of Little York and was well acquainted with Genl. Washington and Colo. Washington who commanded the Lighthorse. That he saw the ...? of our Allies the French. That he was near enough to Lord Cornwallis when he surrendered to have reached him with his gun. A few days after the battle of Little York he was again discharged by Capt. John Trigg and returned home which discharge is herewith filed marked B. That in all he served a little more than six months in his own proper person. That moreover prior to the time first herein mentioned he hired a substitute who served a full tour but does not recollect how long. That he was born in the County of Chesterfiled in Virginia in the year of Braddocks defeat as he has been told by his parents and removed to Buckingham, from Buckingham to Bedford from whence he always marched as a Soldair and thence to this County to wit Patrick. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State. Sworn to and subscribed the day and year aforesaid. John Sharp We, Joshua Adams, a Clergyman residing in the County of Patrick and State of Virginia and Thomas Penn residing in the same County and State, hereby certify that we are well acquainted with John Sharp Sr., who has subscribed and sworn to the above declaration, that we believe him to be between 79 and 80 years of age, that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revoltuion and that we concur in that opinion. Sworn to and Subscribed the day and year aforesaid. Joshua Adams Thomas Penn And the said Court do hereby certify their opinion after the investigation of the matter and after putting the interrogations prescribed by the War Department that the above named applicant was a revolutionary soldier and served as he States. And the Court further Certifies that it appears to them that Joshua Adams who has signed the preceeding certificate is a clergyman resident in the County of Patrick and that Thomas Penn who has also signed the same is a resident in the same County and is a credible person and that their statement is entitled to credit. State of Virginia County of Patrick On this 15th day of November 1832 personally appeared in open court before the Justices of the County Court of Patrick now sitting Farthing Hix, a resident of Patrick County and State of Virginia, aged Seventy two years, who being first duly sworn according to law, doth on his oath makes the following declaration in order to obtain the benefit of the act of Congress passed June 7, 1832. That he entered the service of the United States under the following named officers and served as herein Stated - In the fall of the year 1780 two militia companies were drafted from the County of Hanover, Virginia, one under Capt. John Stanley, the other under Capt. Elisha White. This applicant was drafted....[microfilm copy ends] (Transcribed by Mary C. Smith from Patrick Co., Va., Order Book 4, 1831-1839, unpaged, Library of Virginia Microfilm Reel #19.) ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Mary C. Smith carthage42@hotmail.com ___________________________________________________________________