Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court November 1772
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Source: Annals Of S W Virginia
Written: November 1772
At a court held at Botetourt Court House the 10th of November, 1772 for the
examination of Mary McDonald for felony.
Present: Robert Breckenridge, Benjamin Hawkins, Andw. Woods and Stephen
Trigg, Gentlemen.
The said Mary McDonald being led to the bar and arraigned of feloniously
stealing a quantity of wool out of the house of John Camron the property of the
said John, pleaded thereto not guilty. Whereupon sundry witnesses were sworn and
examined and the said prisoner heard in her defence. On consideration whereof it
is the opinion of the court that she is not guilty as in pleading she hath
alleged. And nothing further appearing or being alleged against her, it is
considered by the court that she be acquited of the felony aforesaid and
discharged out of custody.
Ord. that this court be adjd. The minutes were signed by
Robt. Breckenridge
At a court held for Botetourt County the 10th day of November, 1772.
Present: Robert Breckenridge, Andrew Woods, Benjamin Hawkins and Stephen
Trigg, Gentlemen.
Ord. that George Poage, William Lawrence, James Lawrence, George Givens,
William Rowland and George Skillern or any three of them, being first sworn, do
view the roads from Stewart's plantation to the Court House, and from the River
Road to the mouth of Catawba, and from thence to the Court House, together with
the report of McClure's Road.
John Bowman is appointed Surveyor of the Road from the Long Lick to the Gap
of the Mountain, in the room of James McKeachey, who is discd. from that office.
Hugh Crockett is apptd. Surveyor of the Road in the room of Peter Direly,
who is discd. from that office.
John Madison is apptd. Surveyor of the Road from the upper end of Hugh
Crockett's Precinct, to the County line, and the hands from Isaac Taylor's up
the north fork of Roan Oak to Robert Shields' to be added to his company as soon
as the County is divided.
Ord. that the church wardens bind Robert McCown, orphan of Patrick McCown,
deceased, to Mary Tosh accdg. to law.
The Grand Jury appeared in court and were sworn, towit: Malcom Allen, Samuel
Linsay, Aaron Collier, Jas. Bryants, William Robinson, Samuel Davies, Andw.
Armstrong, William Galloway, John Neelly, John Kelly, James Davies, William
Woolley, Jas. Scott, William McMurrary [sic], John Potts and sent out of court
to consider of their presentments.
George Walker for keeping (missing) Christian and they bedding in an
unlawful manner, she acknowledging herself to be another man's wife.
Thomas Ferguson for a breach of the Sabath. John Craig, Peter Direly, Wm.
Bryants, and the Overseers of the Road from the Big Lick to Mr. John Howard's,
and John Howard the Oversee. of the Road from his to the Stone House, and to the
Bedford line. Whereupon, by consent of John May, one of the Overseers, he is
fined ten shillings according to law.
The Overseers from Pedlar Ford on James River to Wm. Gillispie's.
Do. Peter Wright's to Wm. Huggard's.
George Skillern for not keeping the road from Boyd's to Bowen's Run in good
repair. Whereupon by consent of the sd. George he is fined ten shillings accdg.
to law.
Ordered that process issue against the several persons this day presented by
the Grand Jury, returnable here at the next court.
Ord. that Edward Marshall serve William Bilbroe, his master, ten months and
five days after the expiration of his present indenture to reimburse him his
charges expended in getting him and for loss of time when run away.
William Woolley is apptd. Surveyor of the Road in the room of Peter Wright,
who is discd. from that office.
An investment or writing purporting to be the last will & testament of
William Matthews, deceased, was presented in court by George Matthews, one of
the executors therein named, and proved by the oaths of John Murray and John
Matthews, two of the witnesses therein named, and ordered to be recorded. And on
the motion of the said George Matthews, who made oath accdg. to law, certificate
is granted him for obtaining a probate thereof in due form, he having first
entered into and acknd. bond with John Murray and Thomas Madison, his
securities, in (missing) pounds, conditioned as the law directs. And leave is
reserved to the other Executor to join in the probate thereof.
Ord. that this court be adjd. till tomorrow morning, six o'clock.
The minutes of these proceedings were signed by
Will. Fleming
At a court continued and held for Botetourt County the 11th day of November,
1772.
Present: William Fleming, George Herbert, Benjamin Hawkins, Stephen Trigg,
and John Bowyer, Gentlemen.
William Herbert Plff. )
agst, ) In Case
John Hains Deft. )
This day came the parties by their attornies & thereupon came also a jury,
towit: James Newell, Jacob Lorton, John Litton, Jas. Allcovcr, Joseph Rentfro,
Samuel Pepper, John Davidson, John Griffith, Michael Rizner, William Robinson,
William Williams and William Rowland, who retd. a verdt. for the plff. in the
sum of nine pounds, thirteen shillings and one penny, besides his costs. Judgt.
accdgly.
Ord. that the church wardens bind James Rowland, a bastard child of Margaret
Rowlands, to William Hall accdg. to law.
Ord. that Joseph McMurtry and George McAfee do apportion the bounds between
Lodowick Francisco and James McAfee, Surveyors of the Road from Caldwell's Mill
to James McAfee's on Catawba.
Thomas Barnes & John Bowman Plffs. )
agst. ) In Case
William Campbell Deft. )
This day came the parties by their attornies and thereupon came also a jury,
towit: the same as Herbert against Haynes except John Neelly in the room of John
Litton, who retd. a verdt. in favor of the plff. to seven pounds, besides his
costs. .Judgt. accdgly.
Samuel Lewis produced a commission from the President and Masters of William
and Mary College appointing him Surveyor of Botetourt County and Richard May the
same appointing him a Deputy under the said Samuel in the said County. Whereupon
they took the usual oaths to his Majesty's Person and Government, repeated and
subscribed the test, and also took the oath of Surveyors.
Ord. that the court be adjd. till tomorrow morning, six o'clock. These
proceedings were signed by
George Skilern
At a court continued and held for Botetourt County the twelfth day of November,
1772.
Present
Robert Breckenridge, Stephen Trigg, Anthony Bledsoe, William Fleming, George
Skillern, James McGavock, William Herbert, Francis Smith, John Robinson, Gentlemen.
Ord. that James Willson be exempted from paying levies for the future on
account of his age and infirmity.
Ord. that Isaiah Vinsant, Robert Burdwell, George Burdwell, William Rowland,
Ephriam Willson, Richard Willson, with their tithables do work on Captain Crow's
road.
In Case
Joseph Cloyd Plff. )
agst. )
Thomas Raines Deft. )
This day came the parties by their attornies & thereupon came also a jury,
towit: James Montgomery, David McGee, Jacob Lorton, Samuel Pepper, John Hill,
Austin Broonley, John Smallwood, John Potts, William Emmans, Arthur Harbison,
Thomas Dunn & Henry Dougherty, who retd. a verdt. in favor of the plff. for five
pounds, thirteen shillings & two pence, besides his costs. Judgt. accdgly.
Ord. that William Fleming and Francis Smith, Gentlemen, do view & make
report of the state & condition of the Clerk's Office to the next court.
A bond from Israel Christian to the King, with William McClenachan and
Daniel Trigg, his securities, was acknd. in two thousand pounds for the said
Israel's faithful collection of the County levy and ordered to be recorded.
John Litton Plff. )
agst. ) In Case
John Neelly Deft. )
This day came the parties by their attornies & thereupon came also a jury,
towit: William Robinson, Matthias Yoakum, Thomas Willson, Joseph Scott, William
Robinson, James Mitchell, James Hanley, Archibald Hanley, Samuel McDowell,
Nathaniel Evans, Andrew Boyd & Jacob Sallmons, who rctd. a verdt. that deft, is
not guilty. Judgt. accdgly. & costs.
On the motion of William Herbert, ordered that it be certfd. to his
Excellency the Governor that he the said Herbert during the time of his being in
the Commission of the Peace for this County hath acted in the capacity of a
Majestrate with propriety and to the general satisfaction of the County.
Ord. that this court be adjd. till tomorrow morning, six-o'clock. The
minutes of these proceedings were signed by
William Fleming
At a court continued & held for Botetourt County the thirteenth day of November,
1773.
Present.
Robert Breckenridge, Benjamin Hawkins, Francis Smith, Stephen Trigg, and John
Robinson, Gentlemen.
Samuel Lewis with Richard May and John May, his securities, entered into and
acknd. bond in five hundred pounds for the said Samuel's true and faithful
execution of the office of Surveyor of this County, which was ordered to be
recorded.
Richard May, with Samuel Lewis and John May, his securities entered into and
acknd. bond in the above sum for the said Richard's true and faithful execution
of the office of Deputy Surveyor in this County, which was ord. to be recd.
Joseph Scott Plff. )
agst. ) In Debt
Israel Christian Deft. )
This day came the parties by their attornies & thereupon came a jury, towit:
Robert Caldwell, William Muney, John Litton, Dennis Getty, James Burnsides,
William Robinson, William Williams, and Thomas Ramsey, who retd. a verdt. in
favor of the plff. On motion of deft., by his attorney, a new trial is granted
him here at the next court on his paying to the plff. the costs of this day. The
same day is given the parties &c.
Ord. that Robt. Poague, Leonard Huff & James Keachcy do view the way from
Thomas Tosh's Ford to the top of the Bent Mountain, and that Leonard Huff,
Joseph Willis & William Bell do view the way from the said Bent to William
Bell's mill on Little River, & make report of the conveniences & inconveniences
to the next court.
Edward Carvin Plff. )
agst. ) In Case
Nathan Potts Deft. )
This day came the parties by their attornies & thereupon came also a jury,
towit: Samuel McRoberts, John Davidson, William Curry, Jacob Lorton, John Cloyd,
Nathaniel Evans, Andrew Evans, Joshua Phipps, Hugh Kilpatrick, Caleb Worley,
Joseph Cloyd and James Mitchell, who retd. a verdt. in favor of the plff. for
four pounds, besides his costs. Judgt. accdgly.
Ordered that Henry Pawling, Joshua Phipps, Michael Cloyd and John Neelly,
junior, or any three of them, being first sworn, do view the way from Robert
Breckenridge's through Crely's Gap into the Bedford road and make report of the
conveniences & inconveniences to the court.
On the motion of Francis Whitney leave is given him to build a mill on Mill
Creek, a branch of the south fork of Holston River on his own land, it appearing
to the court that it will not be to the damage of any other person.
An indenture of apprenticeship from James McCalley & Elizabeth Watson was
proved by the oath of Thos. Pendrick, witness, and ord. to be recorded.
William Thompson Plff. )
agst. ) in Case
James Boydstone Deft. )
This day came the parties by their attornies & thereupon came also a jury,
towit: the same as in the suit Edward Carvin agst. Nathan Potts except John
Robinson in the room of John Cloyd, who retd. verdt. in favor of the for two
pounds and one penny, besides his costs. Judgt. accdgly.
Memorandum: After swearing the jury in this cause the defendant moved the
court by his attorney to direct the jury to bring in a special verdict for the
following reasons: That it was proved to the court that the land on which the
trespass was committed was part of a tract of land granted to Thomas Walker and
others on the western waters of this Colony by Order of Councill, but that no
patent had issued by Order of the same. That the plaintiff had purchased and
entered with the said Walker for the land now in dispute, and that the Surveyor
had surveyed the same and received his fees of the sd. plaintiff. That the
plaintiff had sold the land for fifty pounds, but neither he nor the purchaser
had obtained a patent for it. That the defendant had entered upon and taken
possession of the land and held the same from the plaintiff. That he (words
missing) notice of the plaintiff's title aforesaid but had refused to move off
the said land, altho' he had no title to the same, which motion was overruled by
the court, to which the said defendant by John Aylett, his attorney, excepted
and prayed the benefit of his exceptions might be saved to him, and that the
court here should sign and seal the same according to the statute in that case
made and provided, which were accordingly signed by Benjamin Hawkins, Francis
Smith and John Robinson, Gentlemen. Absent: Stephen Trigg, Gentleman.
David Mitchell Plff. )
agst. ) In Debt
Thomas Stockdon Deft. )
This day came the parties by their attornies & thereupon came also a jury,
towit: John Floyd, Robert Bowen, Hugh Allen, William Doyle, William Robinson,
John Thompson, William Leftwich, George Taylor, John Potts, William Kyle, Joseph
Cooper and Joseph Scott, who being elected, tried & sworn the truth to speak
upon the issue joined, went out of court to consult of their verdict.
On the motion of James McGavock, ordered that the late Sheriffs be allowed
interest on the ballance which appeared to be due to them as settled last August
Court, being fifty two pounds, seventeen shillings and four pence, in case there
shall not be sufficient of the depositum in the Sherif's hands to pay the same
immediately.
Ordered that at laying the levy for this County the sum of four shillings
and two pence for every old wolf head be allowed for those who were allowed a
reward for killing wolves at laying the former levies for this County, and that
twenty five shillings be allowed for all those which were killed and not paid
for before the late Act of Assembly allowing an additional bounty was repealed
and for young wolves in proportion.
Ord. that this court be adjd. till tomorrow morning, six o'clock. The
minutes of these proceedings were signed by
Robert Breckenridge
At a court continued and held for Botetourt County the 14th day of November, 1772.
Present.
Robert Breckenridge, John Bowyer, George Skillern, Anthony Bledsoe, and John
Robinson, Gentlemen.
In Trespass
Abraham Brown, Plff. )
agst. )
Peter Allison, Deft. )
This day came the parties by their attornies & thereupon came also a jury,
towit: Thomas Rowland, Hugh Means, Samuel Linsay, Caleb Worley, Henry Smith,
James Mitchell, William Williams, Jacob Simmons, John Sproul, Alexander Collier,
Thomas Wilson and Silas Reynolds, who retd. a verdt. in favor of the deft., as
the plff. was solemnly called but came not, and was nonsuited. Judgt. that the
deft, recover agst. the plaintiff five shillings and his costs.
Ord. that James Rowland be Surveyor of the Road from James Johnson's to
Hall's Run in the room of Robert Findley. And it is further ordered that William
Preston and Thos. Rowland allot the tithables to work under him.
Ordered that the late Sheriff be allowed one year's interest on fifty two
pounds, seventeen shillings and four pence to this day, which appears to be due
to him for his collection in the year 1771.
(NOTE: NO RECORD IS SHOWN IN THE COURT ORDERS THAT COURT AT THIS POINT
ADJOURNED.)
At a court held for laying the levy for the County of Botetourt the
fifteenth day of November, 1772.
Present.
John Bowyer, George Skillern, James McGavock, Anthony Bledsoe and John Robinson,
Gentlemen.
Ordered that the Sherif collect twenty five pounds of tobacco per poll at
one penny per pound from every tithable person in this County.
Ord. that this court be adjd.
Signed by order of
John Bowyer
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
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