Minutes of the Ashe County, North Carolina Superior Court - 1834

Ashe County Court Records

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Minutes of the Ashe County, North Carolina Superior Court - 1834

Transcript by Jeff Weaver

Note: Every attempt has been made to faithfully duplicate the original. Some abbreviations used in the original are:
A.B. - Assault and Battery
P.L. - Petit Larceny
Equi. - Equity
Eject - Ejectment (Foreclosure)

State of North Carolina
Ashe County
Be it remembered that at a Superior Court of Law opened and held for the County & State aforesaid at the Court House in Jefferson on the third Monday in March, A.D., 1834; being the 17th day of the said month the following proceedings were held before his Hon. Robert Strange, one of the Judges of the Superior Courts of Law & Equity for the said state, viz:

Monday, March 17th, 1834
Present, Hon. Robert Strange, Judge
Robert Murkerson, appointed Clerk pro hoc, vix (The clerk of this court not appearing to discharge the duties of office).

Enoch Osborne excused from serving as juror not a freeholder.

John Parsons & Alxd Sutherland excused from serving on the jury.

Grand Jury drawn, sworn & charged, to wit:

1. Absolom Bower, Foreman 10. Jesse Greir
2. William Griffith 11. Daniel Green
3. James Johnson 12. Thomas Blair
4. Solomon Jones 13. Phillip Buker
5. Mathew Carson 14. Sam. Gentry
6. Berry Edwards 15. Phinias Horton
7. Hugh Eggers 16. Golston Davis
8. Joseph Johnson 17. Joseph Pearson
9. James Testament 18. George Woody

John Hathom, Constable sworn.

State
v
James Aldridge
Bail of Defendant surrendered the defendant in open court & ordered into custody.

James Aldridge, Pnpl, $100
Solomon Waters, Sen.
For the appearance of the defendant during this term.

Geo. Douhgton
v
Thos. Walton
Deft. surrendered by his bail, and on motion ordered into custody of the sheriff.

Wm. Hodges, snr, Wm. Hodges, Jr., John Hodges, Henry Hodges, Joseph Hodges, and William Williams, natives of Eng[land] reported themselves as applicants for naturalization (which report filed).

Court adjourned till tomorrow 10 o'clock a.m.

Tuesday, March 18, 1834

Court sat according to adjournment.

His Hon. Judge Strange present.

The following jurors of the original panel came in & took their seats.

1. Thos. Brown
2. Peter Earnest
3. Reuben Mast
4. Aaron Latham
5. Andrew Goss (sticken out)
6. James Maxwell
7. Joseph Shull
8. Johial Smith
9. John Earnest

Wm. Hill
v
Ezekiel Osborne
Wit for pltf
Judgt ni si against each of said witnesses, si fa to [illegible] Owen Sizemore
George Sizemore
David Allison
Called and failed to appear
Cont'd on affidavit of Deft.

No. 3
Adam Wagoner
v
John Landrith
Pet. [4 illegible words] justification

The following jurors empanelled & Swore

Rebuen Mast Peter Earnest
Joseph Shell Aaron Latham
John Earnest Jos. Smith
Thos. Brown Johial Smith
A. B. Miller Jas. McMillion
John Hardin Hugh Lawton

Who say for their verdict we find all the issues in favor of the plantiff & assess his damage to $1.00 & costs.

No, 10. Equity
Wm. Puett
v
Roe & Wm. Green
Jury sworn and charged as follows, to wit:

Jacob Baldwin Cornelius Vanover Alex Mulkey
Levi Gentry Zac Baker Standiford Turner
Wm. Spurlin Martin Krows Jas. Landrith
Louis Maxwell Thos. Edwards Wells Blevins

Non Suit.

No. 21, Debt
John Hardin
v
Elisha Baldwin
Jury Chosen & Charged as follows to wit:

Jacob Baldwin Cornelius Vanover Alex Mulkey
Levi Gentry Zac Baker Standiford Turner
Wm. Spurlin Martin Krows Jas. Landrith
Louis Maxwell Thos. Edwards Wells Blevins

Mistrial

Court adjourned until 10 o'clock tomorrow.

Wednesday 19 March 1834.

Court met according to adjournment.

An Affidavit. It appearing to this court that the clerk of this court James Plough hath abandon his office by leaving the county, ordered by the court that he office of Clerk of Ash Superior Court of Law is vacant and that Richard Gentry for. Appointed is hereby appointed Clerk of Ase Superior Court of Law, who give bond with George Bown & John Gamble security & took the necessary oaths. And it is ordered that Robert Murchison deliver over to the said Richard Gentry all the record books and paper writing belong to said office.

Wm. Lenoir
v
Sam'l Sapp
Eject. Court and an affidavidt the case is moved to Burk County for trial.

No. 2. A.B.
The State
v
Enoch & Geo. Reeves
Pleads Not guilty. Jury sworn & charged as follows, to wit:

Jahiel Smith John Earnest Jas. [illegible]
R. Mast Wm. Spurlin Wm. Johnson
Aaron Latham Jas. Smith David Cox
Joseph Shull Thos. Brown Jacob Baldwin

Find the defendant Enoch Reeves guilty in manner and form as charged in the bill of indictment. And the defendant George Reeves not guilty. Judgment of the Court that Enoch Reeves pay a fine of $2.00

Paton Colvert
v
Robt. Nall & Jacob Hartzog
Ordered by the court that Publication be made in the Raleigh Star for six weeks that the Defendant Robt. Nall appear at the next Superior Court of Law to be held for our said County of Ashe at the Court House in Jefferson on the 3rd Monday in September next and plead, answer or [illegible] judgement pro confession will be taken against him. It is further ordered that public notice be given in the same paper for six weeks to the above defendants to attend at next term and place the plaintiff shall designate to take the deposition of Nathaniel Vannoy [2 illegible words] case to be read in evidence in the above case.

No. 1, A. B.
The State
v
Jesse Price
Submits, find $200. In custody.

No. 3, A.B.
The State
vs
William Cornett
Pleads Not guilty. Jury sworn & charged as follows, to wit:

Peter Earnest Peter [sic] Testerman Andr. McMillan
Wells Blevins, Chris. Treadway John Richardson
Zack Baker Levi Gentry Standiford Turner
Nathan Phillips Jas. Maxwell Chas. Brooks

Find the Deft. guilty in manner & form as charged in the bill of indictment. Find $5 & in custody.

No. 7, A. B.
The State
v
Henry Eller
Pleads not guilty. Jury sworn and charged to wit:

Peter Earnest Thos. Testerman Andr. McMillan
Wells Blevins Peter Testerman John Richardson
Zac Baker Levi Gentry Standiford Turner
Joseph Brown James Maxwell Thos. Brooks

Find the defendant guilty in manner and form as charged in the bill of indictment. Judgment of the court that the defendant be imprisoned twenty days & in custody until cost are paid.

No. 9, A.B.
The State
v
Henry Eller
Pleads not guilty. Jury sworn & charged as follows, to wit: The same jury as No. 7.

Find the defendant guilty in manner and form as charged in the bill of indictment, judgment of the court that the Deft. be imprisoned 10 days and in custody until costs are paid.

No. 6, A.B.
The State
v
Geo. Ketchum
Pleads Not guilty. Jury sworn & charged to wit:

Wm. Spurling Aaron Latham Reuben Mast
Johiel Smith James Smith Joseph Shull
Thos. Brown Chris. Treadway John Powell [James Maxwell crossed out]
Jacob Baldwin Wm. Solomon Jas. [illegible]

Find the defendant guilty in manner and form as charged in the bill of indictment. Judgment of the court that the deft. be imprisoned thirty days & in custody until cost are paid.

The State
v
Winston Stringer
Winston Stringer called & failed. Judgment ni si si fa. To issue.

The State
v
Wm. Price
William Price confesses judgment for five & costs. Rec'd $3.00.

No. 1, P. L.
The State
v
Martin Williams
Pleads not guilty. Jury sworn and charged to wit:

Peter Earnest Levi Gentry John Richardson
Solomon Walters Standiford Turner Thos. Brooks
Isaac Weaver Jacob Krows Gideon Lewis
Amos Turner Peter Testerman Lewis Walters

Find the defendant guilty of the Petit Larceny in manner and form charged in the bill of indictment.

The State
v
Wm. Cornutt
Joseph Sutherland confesses judgment for five & costs, rec'd attorneys fees $5.00

The State
v
Martin Williams
Judgement of the court that the Defendant Martin Williams be taken by the sheriff of this county unto the jail of said county and there remain until tomorrow twelve o'clock and then to be taken out and receive twenty lashes on his bear back and upon of payment of cost to be discharged.

C. R. Doughton
v
Caleb Osborn
Ruled upon the plantiff that be give further security, the security accordingly given by moving of this court.

September Term 1834

State of North Carolina
Ashe County
Be it remembered that a Superior Court of Law opened and held for the County and State aforesaid at the Court House in Jefferson on the third Monday of Septr. 1834, it being the 15th day of the said month. The following prosceutions was had before his Honer James Martin one of the judges of the Superior Court of Law and Equity for the Said State.

Monday, Septr. 15th, 1834
Present James Martin, Judge

It appearing to the satisfaction of the court that William Baker has been duly elected at the last election Clerk of the Superior Court of Law for Ash County for four years, and the said William Baker having [illegible] bond with Meredith Balew, John Harding & John Baker his securities for the proper performance of his several duties as clerk of said court for the year. The said William Baker was duly qualified as Clerk of said court & took the necessary oaths of office.

The following Grand Jury was duly sworn & charged, to wit

Alexander B. McMillan Morgan Bryant
David Miller James Horton
Peyton Colvard William Perry
Andrew Turner Toliver Witcher (forman)
James Brom John Moss
Moses Dixon Andrew McMillan
Dudley Farthing Thomas Shearer
John Long James Andrews
Benjamin Council Jacob Walker

John Hethhorn (Constable) was sworn to attend the grand jury during this term.

Court adjourned till tomorrow morning 10 o'clock.

Tuesday, September 16th, 1834

Court met pursuant to adjournment his honor James Martin, Presiding.

The following jurors of the original panel appeared & was sworn during this term.

Wm. Green, David May, Richard Shoat, John Hill & Joel Sturgill

No. 4, Case
Meredith Ballou
v
Martin Brinegar
For this case it is ordered by the court that Col. Thos. Brown be appointed to survey the land in dispute & that the parties exhibit their papers, letters, deeds, &c to the said surveyor.

No. 13, Tresspass.
John Bryan
v
Daniel Moxley & others
Plea genl issue
The following jury duly empaneled & Sworn towit:

Wm. Green Charles Doughton John Garvey
David May James Patrick Elijah Calloway
John Hill James M. Nye Thos. Lyall
Joel Sturgill Thos. Brown Wm. Wyatt

Who say for their verdict, we find Daniel Moxley & Jeremiah Spurlin guilty of trespass as charged in the indictment and assess the plf damage of forty-eight dollars and thirty cents. [rest of line illegible]

The court then adjourned till tomorrow morning ten o'clock.

The court met pursuant to adjournment Wednesday September the 17th. Present The Honor. James Martin.

No. 10
The State
v
John Goss, Jehu Goss & Enoch Goss
Plea Not Guilty

The following jurors was duly empaneled & sworn to wit:

Wm. Green Martin Krows Jos. Patrick
David May Thos. Brown David Maxwell
John Hill Thos. Sutherland Joseph Sutherland
Richard Shoat Jesse Testerman James Grimsley

Who say for their verdict, we find the defendants not guilty in manner and form as charged in the bill of indictment.

No. 11, A.B.
The State
v
John Pugh
The following jury duly empaneled & sworn, viz

Wm. Harper Jesse Pruitt James Blevins
Thos. Lyall Joel Sturgill Lewis Walters
Wm. Spurlin David Caldwell Pleasant Oliver
Joseph Phips Reuben Peppers Wm. Taylor

Who find for their verdict: We find the defendant not guilty in manner & form as charged in the bill of indictment.

Ordered by the court that John Baldwin be committed to goal until tomorrow morning ten o'clock for his insolent conduct in presence of the court.

The State
v
John Duncan
John Duncan being called & failed, forfeit according to his recognizance.

No. 15, A.B.
The State
v
Jesse Dickson
Submits, Solicitor fee $3 paid.

Ordered by the court in this case that the defendant be fined five dollars and held in custory of Shff until fine & costs be paid. Defendant Jesse Dickson & Joshua [illegible] come into court & confessed judgment for the above fine and all costs.

No. 19, A.B.
The State
v
Caleb Osborn
Pleads not guilty.

Wm. Harper Joseph Sutherland Wm. Taylor
Thos. Lyall Wm. Spurling James Blevins
Jacob Baldwin Jesse Testerman Lewis Walters
Wm. Wyatt, Thos. Testerman Pleasant Oliver

Who find for their verdict, we find the defendant not guilty in manner and form as charged in the bill of indictment.

Ordered by the court that Malachi [illegible, looks like Fan] be committed to jail until tomorrow morning ten o'clock for coming in to court as a witness being intoxicated.

No. 16, A.B.
The State
v
Winston Stringer
Pleased not guilty
The same jury as No. 19 being duly sworn & empaneled say for their veridct: We find the defendant guilty as charged in the bill of indictment. Judgment of the court that the Defendant be imprisoned 15 days and stand committed until all costs are secured. Forfeiture of the bail remitted on payment of the cost.

No. 20, Affray
The State
v
John Dickson, Jr. & William Blevins
John Dickson submits, Wm. Blevins plead not guilty.

The same jury as in No. 19, except David Caldwell in place of James Blevins, being duly impaneled and sworn say for their verdict, "We find the defendant Wm. Blevins not guilty." John Dickson adjudged by the court to pay a fine of ten dollars said John Dickson and James Blevins came into court & confessed judgment for the above fine and costs.