Minutes of the Ashe County, North Carolina Court of Pleas and Quarter Sessions 1861

Ashe County Court Records

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Minutes of the Ashe County, North Carolina Court of Pleas and Quarter Sessions - 1861

Ashe County, North Carolina

Minute Docket for January Term 1861

State of North Carolina, Ashe County. Be it remembered that at a court of pleas and quarter sessions held for the county of Ashe at the Court House in Jefferson on the second Monday of January 1861 being the 14th day of said month, the following justices of the peace present presiding and holding said court to wit: Geo. Bower, Geo. Hamilton & John Reaves.

T. H. Crumpler, executor came in to court and presented a paper written in the words and [illegible] to wit reported to be the last will and testament of Catherine Maxwell and after examining it with attorney witnesses asked the court if the will was duly proven where upon came into court and [illegible] the said will where it is sworn by the court & duly ccame and say when said paper written is the last will of Catherine Maxwell.

The following magistrates present, Geo. Bower, Geo. H. Hamilton, Mathew Carson, John Weaver, Thomas Wayman, Wm. Baker, J. F. Greer, Wm. Sexton, John Reaves, Samuel Bower, [illegible] Hartzog, Camel Johnson, John Baker, John Goad?, Jesse (illegible), J. P. Waugh, Joseph Hudler, a majority of the magistrates being present to following: 7 cents for poor on the pole, 3 cents on the hundred dollars worth of land for county purposes 50 cents on the poll and 23 cts on the hundred dollars of land.

Entered allowance for Jesse A. Reeves [illegible] . Allowed John M. Carson $20.00 for [illegible].

Allowed James Wagg, Clerk, seventy-five dollars for extra services for the past year.

Ordered by the court that the same gentlemen be appointed committee of finance.

The following magistrates were selected special court: Geo. H. Hamilton, John Reaves, David Worth.

As ordered by the Court that David Smith be allowed seven dollars for docket for superior court.

N. F. Armfield duly elected solicitor of the county court to fill vacancy of Dickson.

Ordered by the court that D. S. Waddle [?] Owen Trivett, H. H. Rollins, be appointed for the Jefferson District.

Ordered by the Court that Mark Hardin, Eli [illegible] R. T. Hardin be appointed patrols for the Old Field District.

Ordered by the Court that W. P. Thomas, & Nathaniel Price be appointed patteroles in the North Fork District.

Ordered by the court that Jacob Blevins, J. F. Eller be appointed patteroles in the Chestnut Hill District.

James Waugh v. James Garvey & John Garvey. Judgement confessed for debt, [illegible] to issue until the next term of this court.

Ordered by the court than James H. Gentry, & E. C. Bar to be appointed a committee to settle with Alexander Hamilton, Administrator of John A. [illegible].

Ordered by the court that Jaratt Duvall & Wm. Baker be appointed a committee to settle with David Blevins & Welborn Thompson admt. Of Jacob Stitts.

Ordered by the court that J. M. Gentry be appointed administrator of the estate of Jonathan Walters, dect. & that he entey in to bond in the sum of one thousand dollars upon whcih he was qualified & give bond of one thousand dollars with Jacob Walters & Wm. H. Gentry as surities.

Jurors for Superior Court.

Elijah Greer Daniel Hartzog David Burkett Danl. Hartzog
J. W. Oliver M. D. Miller Alfred Dickson Wm. Osborn
James Williams Wm. Richarson Hugh Bare John Roark
Elk Barker A. J. Miller Nicholas Gentry James H. Smith
Andrew Graybeal Milas McGuire Andrew Sheets Washington Stewart
D. T. Hartzog William Parsons (Helton) John Church Wm. F. Campbell
David Blevins A. B. McMillan Alex. Reeves John Hash

Jurors to County Court

John Wyman Gideon Lewis
Jonathan Snider [illegible] Johnson
Alpheus Hitchins Jesse Osborn
Charles Lewis Robert Osborn
William Roark Levi Perry
William B. Carson George B. Harrington
David Osborn Senter Jones
Martin Brown Robert McGuire
James Duval Peter McNeal
Elijah Phillips J. E. Foster
John Osborn David Dickson
Welborn Elliott Allen Daughtery
James Woody Joshua Cox
E. C. Yates N. H. Waugh

The following justices being present to wit: David Worth, S. Thomas, Jas. P. Waugh, John Weaver, Samuel Bower, J. B. Miller, George H. Hamilton & John Baker. It appearing that an election for constable was held in North Fork District for the year 1861 & that Richard (?) Roark was duly elected and now entered into bond in the sum of four thousand dollars with John Osborn and Thomas Southerland surrities -bond accepted and approved.

John M. Carson
v
Jesse Renolds & others.

Ordered by the court that the Plantiff have leave to withdraw the papers in this case.

J. L. Phillips
v.
W. A. Houck

Ordered by the court that the Plantiff have leave to withdraw the papers in this case.

State
v.
Columbus Carter.

Def. Entered into recognizance for his appearance untill the next term in 100$ with Thomas Phipps security.

Sarah Griffin Estate

Pet for years allowance. Ordered by the court that William Sexton, Esq., Johnson Perkins, Peter Testament & Thornton Sexton, freeholders be appointed commisioners to lay off the years allowance to petitioner & report to the next term of this court.

John Sturgill & others, Exparte.

Pet for writ of lunacy. Ordered by the court that the writ of lunacy issue to the sheriff to enquire into the state of mind of Joel Sturgill & report to the next term.

John Hardin & others, Exparte.

Petition for petition. Ordered by the court that David Blevins, Wm. Pennington, William Baker, Jarrot Duvaul & Benja. Duvaul be appointed commissioners to partition the lands as prayed for & make their report to the next court.

The following magistrates being present.

G. H. Hamilton
George Bower
David Worth
John F. Greer
Stephen Thomas
James P. Waugh
William Colvard

Ordered by the court that J. B. Parsons be appointed constable for the Chestnut Hill District who appeared, gave bond & took the oath prescribed.

Before the same court came Solomon Blevins and showed that he had been duly elected in the Helton District, gave bond & took the oath.

Ordered by the court that Alexander Long, Joel E. Foster & E. C. Bartlett be appointed commissioners to settle with Drury S. Jones administrator of Jacob Faw, Dec'd & report.

Minute Docket for April Term 1861

State of North Carolina, Ashe County.

Be it known that at a court of please Quarter sessions held for the county of Ashe at the court house in Jefferson on the second Monday of aprile, A.D. 1861, being the 8th day of the said month the following justices were present presiding and holding said court, to wit:

G. H. Hamilton
John Reves
Paul Hartzog

The following good & lawfull men were drawn:

1. John Duvaul 9. Allen Dauherty
2. David Dickson 10. Gideon Lewis
3. William B. Carson 11. James Woody
4. Elijah Phipps 12. Charles Lewis
5. Richard Orsborn 13. Welborn Elliott
6. Eli C. Yates 14. Peter Mcneal
7. John Richardson 15. J. E. Foster
8. Joshua Cox 16. Martin Brown

The following was returned as the original pannel.

1. Robert Mcguire 8. Jonathan Snider
2. Levi Perry 9. George B. Harrington
3. Senter Jones 10. Allin Ketchum
5. William Rorark 11. Joshua Cox
6. John Stamper 12. Davise Orsborn
7. John Orsborn 13. Elijah Hartzog

Ordered by the court that a capias issue unto the sheriff of Ashe County commanding him to bring into court the present time Flem Perry, Isaac Perry, John Perry, to be...

Ordered by the court that J. H. Long be granted license to retail spirits in the town of Jefferson in his shop.

Ordered by the court that Lewis Meriman be licensed to retail spirits at his house near the town of Jefferson at his shop.

John Hardin, Elected Register

Elijah Hartzog, & William Weaver appointed surveyors

Ordered by the court that Joseph B. Parsons, John Reves, & Allen Gentry be allowed seventy-five cents per day for eight days laying off a road from Horse Gap of the Blue Ridge to the Virginia line.

It appearing to the court that Henry Francis was duly elected constable in Piney Creek District, He came forward give bond & took the oath approved by the following justices of the peace, to wit: William Weaver, Stephen Thomas, David Worth. G. H. Hamilton, John Reaves, Eli Graybeal, Jesse Miller.

State
v
Andrew Treadway
James Gilly
John Gilly

Treadway submits.

Andrew Treadway fined 2 dollars & costs. Mathias Poe fined one dollar & cost, John Poe security for cost.

State
v.
Henderson Hawks & Elvira Welch.

Hawks submits. Hawks fined judgment suspended by the payment of cost.

State
v.
James Gilley

The following jurors were charged & sworn.

1. Robert Mcguire 7. Jonathan Snider
2. Senter Jones 8. George B. Harrington
3. William Rorark 9. Acklin Ketchum
4. Jerry Orsborn 10. Joshua Cox
5. John ?? 11. David Orsborn
6. John Orsborn 12. Eliza Hartzog

Who say for their verdict that the defendant is not gilty.

State

v

George Thomas

John Hardin gave bond and was duly sworn in register.

State

v.

James Hart, Columbus Carter

Same Jury as No. 1.

Hiram Ray confesses judgment & fined & cost.

Who say for their verdict that they fined Columbus Carter is gilty of the charge set fourth in the Bill of indictment fined the defendant $5.00.

State

v.

Henderson Hawks

Joseph B. Parsons confesses judgement.

State

v.

George Thomas.

John Poe security confeses judgment.

State

v.

Solomon Shaw.

Called and failed. Judgment ni. S. $40.00

State

v.

Elijah Patrick.

The following jurors charged & sworn.

Eli Blevins, N. Gentry, H. Riggbly, John Orsborn, Bryant Rose, Oliver Mcneal, Reson Plummer, David Orsborn, John Utzman, Jesse Ray, David Burket, Jonathan Snider. Who for their verdict say they find the defendant gilty of an assault, fine four dollars.

Ordered by the court that Robert Carson, Jesse McMillan, Carter Wade, Elijah Phipps be appointed patterol in the neighborhood of Cranberry and Nathans Creek.

Tuesday the 9th Court met according to adjournment, present and presiding: George. H. Hamilton, John Reaves, David Worth.

Ordered by the court that J. P. & S. C. Waugh be allowed an amt. Of forty-give cents for paper & James P. Waugh be allowed ten dollars for new blank register books.

Ordered by the court that J. M. Gentry be appointed to settle with E. C. Bartlett as administrator of James Patrick dec'd.

Ordered by the court that J. P. Waugh & Elihu Phillips [nothing further, makes no sense as it is but it is all there is].

Ordered by the court that rule made requiring the sheriff of [illegible - end of record].

Upon the return of the sheriff of the writ of lunacy to enquire into the state of mind of Joel Sturgill & ther verdict of the jury finding the said Sturgill a lunatic & non compis mentis, it is ordered that Solomon Blevins be appointed guardian of the said Joel Sturgill and that he be execute his bond in the sum of three thousand dollars. Bond filed with J. B. Parsons & A. C. Jones securities.

Ordered by the court that Dr. A. B. Cox, A. N. McMillan be appointed to examine the Registers books that have been transcribed by Joseph Hudler and report to the next term of the court.

John Nelson
v.
J. M. Tate

It appearing to the satisfaction of the court that an executing in favor of the said John Nelson against D. F. Wilborn returnable to the present term of this court was delivered to the said J. M. Tate sheriff of Haywood County more than twenty days before the setting of this court during the present term & it further appearing that the said J. M. Tate, sheriff as aforesaid has failed to make due return thereof, it is therefore upon motion ordered by the court that the said J. M. Tate be fined one hundred dollars ni si. According to the act of the general assembly and that a sciere facas be issued against him to be directed to the coroner of said county to appear at the next term of this court and show cause why this judgment shall not be made final.

Jurors to July Term 1861.

Jacob Graybeal Solomon Blackburn Jackson Testament Charles Reaves
John Rorark James Miller Levi Gentry George Koonce
N. B. Ballou William Jones Nathan Lewis Mathias Bledsoe
Benjamin Debord Jonathan Miller Eli Stamper Wm. Heath
Jason Weaver John Eller William Gambill Henry Waggoner
James Gambill George Brooks Wm. A. Campbell Cornelius Vanover
Johnson Perkins John Dickson Andrew Gentry Jacob Eller
Hardin Lorance.

Thursday the 11th Court met. Present presiding:

John Eldreth
J. P. Waugh
James Sapp

The following justices of the peace were appointed to take the list of taxable property:

Jefferson District William Weaver, Esq.
Pine Swamp William R. Colvard
Old Fields James W. Hardin
North Fork John Orsborn
Staggs Creek James Sapp
Horse Creek John Eldrith
Piney Creek James Smith
Helton William Baker
Chestnut Hill Samuel Bower
Peak Creek John W. Mastin

Ordered by the court that Solomon Perry be appointed administrator of the estate of Catherine Perry (Dec'd) and enter into bond of eighteen hundred dollars with John Eldrith Esq. For security.

Ordered by the court that John Eldrith Esq. Be appointed guardian of Boswell Perry and Mary Perry minor heirs of William Perry (Dec'd).

Ordered by the court that David Tucker and Edward Blevins be appointed hed over seers on the Road from Rason Joneses to Big Helton than up said creek to the mouth of Mud Creek then up said creek to the Virginia line with the following overseers & hands John Fuisler & hands, Morgan Testament & hands, Solomon Blevins & hands, Washington Wallis & hands, Levi Barker & Hands, Edward Blevins & Hands, Prior Roberts & hands, Washington Sexton & hands.

Saturday [April] 13th, 1861

James W. Hardin
George H. Hamilton
John Eldrith
D. S. Windle

The report of the commissioners appointed to settle with Drury S. Jones Administrator of Jacob Faw (Dec'd) is confirmed by the court and the administrator allowed five percent for collecting and seven and a half percent for paying out.

Ordered by the court that Alexander Greer be appointed head overseer of a road from Waugh's store at the Gap of Turkey Ridge by way of Joshua Hams to the Horse Creek Post Office with the hands of John Yagler (??) and John Ham.

Ordered by the court that E. C. Bartlett be appointed commissioner of public buildings for which he is to receive ten dollars per annum compensation.

May Term 1861.

State of North Carolina, Ashe County

Be it remembered that at a term of the court of Please & Quarter Sessions. Specially called under the provisions of an act of the General Assembly present and presiding the following justices of the Peace for the said county to wit: G. H. Hamilton, Stephen Thomas, John W. Burkett, David Worth, James Sapp, C. H. Johnson, Esqrs., when the following order was made and proceeding held.

Ordered by the court that all the justices of the peace in and for our said county by summoned to appear at the court house in Jefferson on the 23rd day of May 1861, for the purpose of holding an extra session of the county court and that the sheriff be directed to served this order according to law: Signed:

D. Worth
G. H. Hamilton
Stephen Thomas
Jno. W. Burket
C. H. Johnson
James Sapp

State of North Carolina
Ashe County

Be it remembered that at an extra session of the court of the please and Quarter Sessions for Ashe County, appeared at the Court House in Jefferson on the 23rd day of May, A. D. 1861. The following justices of the peace present presiding and holding said court to wit: Thomas Wayman, William Johnson, William Baker, Joseph Hudler, M. Carson, J. P. Waugh, John Reves, James Sapp, David Worth, Wm. Weaver, John Baker, James Smith, John Orsborn, Jesse McMillan, John W. Burket, James W. Hardin, Samuel Bower, C. R. Philips, R. T. Hardin, John F. Greer, C. H. Johnson, John W. Mastin, Geo. H. Hamilton, Eli Graybeal, George Bower, C. E. Phillips, John Poe.

Ordered by the court a majority of the justices being present and presiding that the sum of two thousand dollars be appropriated out of the county fund for the benefit of the volunteers raised in said county and that the sum of four hundred dollars of that amount be applied to the company of cavalry when said company is organized and that the amount may be raised without delay it is further ordered that the said sum be borrowed out of the branch of the Bank of Cape Fear at Salem and that George H. Hamilton, Esq. Be appointed to apply to the same bank and secure the money.

It is further ordered by the court that Geo. H. Hamilton, Esq. And Capt. A. B. Cox be appointed agents to take charge of $1600 of the said money and appriate the same according to the intent of the late act of the General Assembly and in compliance with this order.

Also the sum of four hundred dollars applied to the cavalry company. It is ordered that Geo. H. Hamilton, Esq. Be appointed agent to take charge of and appropriate the same among the said company.

Ordered by the court that there be an extra session of the court on the 2nd Monday of June next.

June 1861

State of North Carolina

Ashe County

Be it remembered that at a court of please and Quarter Session for said county at the court house in Jefferson on the 2nd Monday of June 1861. Being the 10th day of said month the following Justices of the Peace were present presiding and holding said court to wit:

George H. Hamilton
David Worth
William Baker

Ordered by the court that ten per cent be laid on the aggregate tax for said county and that the sheriff be requested to return the tax books to the clerk and that the clerk certify that the ten percent be added.

Ordered by the court that Geo. H. Hamilton pay over to T. H. Crumpler, Captain of the cavalry company the appropriate of four hundred dollars for the benefit of said company.

Ordered by the court that Geo. H. Hamilton pay such sums out of the county funds in his hands to suport and maintain Capt. Coxes Company as he and Capt. Cox shall think necessary.

Ordered by the court that the following persons in each Captain's district in the county to enquire into and report to the agent of this county, Geo. H. Hamilton, the wants of the family of volunteers who may be absent.

Chestnutt Hill District John F. Greer, Esq., Joseph B. Parsons, Andrew McMillan
North Fork W. P. Thomas, John Orsborn, David Worth
Helton Johnson Perkins, David Smith, & William Baker
Horse Creek John Eldrith, Solomon Perry, John Ham
Stagges Creek John Weaver, Joshua Baker, & Mathias Miller
Piney Creek David Dickson, [illegible], James Smith
Old Fields Richd. Hardin, David Howell, & Jas. W. Hardin
Pine Swamp C. R. Phillips, Paul Hartzog & N. H. Waugh
Peak Creek, Jno. W. Mastin, John Reves, F. W. Scott
Jefferson, Q. F. Neal, E. C. Bartlett, J. W. Gentrey
Cranberry, M. Carson, Wm. Johnson, Aba Reeves

Ordered by the court that all the volunteers that are mustered into service shall be exempt from poll tax.

Ordered by the court that such of the volunteer's families as are now in need of assistance shall be supplied by the agent forthwith as the corn miter for their district shall report is nesary until the next term of this court.

Ordered by the court that Thomas Hughs be appointed overseer of the streets of Jefferson in room of T. H. Crumpler, same hands.

Ordered by the court that George Patrick be appointed overseer of the road in room of Geo. A. P. Nye same road and hands.

Ordered by the court that Bower Walters be appointed overseer of the road in room of George W. Reves, same road & hands.

July Term, 1861

State of North Carolina

Ashe County

Be it remembered that a court of please and Quarter sessions for the County of Ashe held at the Court House in Jefferson on the second Monday of July A. D. 1861, being the 8th day of said month, the following justices of the peace were present and presiding and held court, to wit:

David Worth
Geo. H. Hamilton
J. P. Waugh

Ordered by the court that William Weaver, be appointed to take a list of the taxable property in the Jefferson District in Town J. P. Waugh, Esq.

Ordered by the court that L. C. Gentry be allowed to lift a judgement from the clerk's office against Wm. Erwin after paying costs.

The Last Will & Testament of Catherine Maxwell having heretofore being proven at the last January term of this court and the [illegible] then entered being now withdrawn it is ordered that the said will be admitted to probate and be recorded and that the executor named therein be duly qualified.

Ruth Church & others, Exparte.

Pet. For dower. Ordered by the court that the sheriff summons a jury to view the premises and lay off to Ruth Church her dower out of the lands of which her husband James Church died seized who shall report to the next term of this court.

Ordered by the court that C. R. Philips be appointed to take the list of taxable property in Pine Swamp District in room of William R. Colvard.

Ordered by the court that the guardianship of Joel Sturgill heretofore granted to Solomon Blevins be resigned and that William Jones be appointed of the said Joel Sturgill in place of the said Solomon Blevins and that he enter into bond in the sum of three thousand dollars bond filed with Solomon Blevins and Joshua Sturgill security.

William W. Porter
v.
W. W. Greer

It appearing to the satisfaction of the court. [record seems to end mid-sentence.]

September Term 1861

State of North Carolina

Ashe County

Be it remembered that at a extra session of the court of please and Quarter sessions for the county at the court house in Jefferson on the 10th day of September 1861 the following Justices of the peace were present presiding and holding said court to wit:

Geo. H. Hamilton Jno. W. Martin
Thos. Wayman C. R. Philips
John Orsborn M. Carson
William Colvard James P. Waugh
John Duvaul David Worth
John Reves Jas. W. Hardin
Jesse B. Miller

Ordered by the court that John Reves & John W. Mash be appointed to borrow one thousand dollars for the benefit of the volunteers of Ashe County on the best terms they can and place the money in the hands of Geo. H. Hamilton who shall appropriate said money for the above purpos.

Reuben Walis appointed administrator of the Estate of James Testament by Wm. Weaver, J. P., was qualified and gave bond for one thousand dollars with John Graybeal security, Dec. 21, 1861.

Extra Term October 1861

State of North Carolina

Ashe County

Be it remembered that at a court of please and Quarter sessions held for the county of Ashe at the Court House in Jefferson on the second Monday of Oct. A. D. 1861 it being the 15th day of said month the following justices of the peace were present & holding said court, viz:

Geo. H. Hamilton
John Reeves
David Worth

A majority of the justices being present, [remainder of entry illegible]

The following Grand Jury sworn and charged.

1. Jefferson Greer 9. William Richardson
2. Gideon Lewis 10. Levi DeBoard
3. Mathias Weath? 11. Joseph Houck
4. Jacob Fouts 12. Jackson Howell
5. Senter Jones 13. Ackeln Ketchum
6. Eli Graybeal 4. Alfred Graybeal
7. William Night 15. Gideon Lewis
8. Saint Leger Brooks

[Three illegible entries].

Ordered by the court that A. P. Colvard be appoined overseer of the road in room of Thomas Burgess same hands & roads.

Ordered by the court that George Blevins & be appointed overseer of the road in room of John Forester, same road & hands.

Ordered by the court that Alfred Wiatt be appointed overseer of the road in the room of Thomas Ham same hands and road, with following hands, viz, Wiatt Rose, Wm. Ashley, Isaac Miller, Solomon Miller, Calloway Dun, Joseph Richardson, John Richardson, Richardson [two of the same name].

State

v

Wm. Calloway

James Calloway security for the appearance of Wm. Calloway at April term, 1861 in the sum of fifty dollars.

Ordered by the court that George Miller [illegible] be appointed overseer of the road in room of George E. Miller same road with [illegible] Bare, George Miller, Shadrach Miller, Calton Burgess, Alfred Sheets, John Sheets as hands.

The Last Will and Testament of Col. George Bower was produced in open court for probate and duly presented according to law, and on motion America C. Bower was appointed administratix with the will amended it appearing that no Executor had been appointed in the said will and she filed her bond in the sum of one hundred thousand dollars with C. H. Doughton, Q. F. Neal, & Robert Gambill as securities. Bond accepted & the admintrx qualified as the law directs.

Proceeding of the court in relation to the death of the late Col. George Bower at this Oct. Term 1861.

Resolved that we a majority of the justices of the county of Ashe have learned with sincere regret the death of Col. George Bower former chairman of this court.

Resolved that we recognize in his long & active life impartial magistrate the good citizen and respectful member of society and that we tender to his surviving friends and relations our heart felt sympathy in the great loss they have sustained.

Ordered that the foregoing be spread upon the minute docket of this court.

Tuesday, Oct. the 15th Court met according to adjournment and presiding and holding court:

J. P. Waugh

James Smith

Wm. Weaver

Biddy Sturgill came into open court and relinquished her claims to administratrix, where upon Reason Jones & Wm. Jones were appointed administrators of the Estate of John Sturgill (Dec'd) who filed their bond for four thousand five hundred dollars with Joshua Sturgill security.

Ordered by the court that a jury be appointed to lay of her years allowance Joseph [illegible], Johnson Perkins, Stephen Pennington, Joseph Graybeal, free holders be appointed to lay off & allott to the petitioner her years allowance out of the estate of her husband John Sturgill (Dec'd) and that they report to the next term of this court.

Biddy Sturgill & others

v

Martha Sturgill & others

Ordered by the that James Wagg be appointed for Martha Sturgill, Brison Sturgill & Francis M. Sturgill, minor heirs at law of John Sturgill (Dec'd) the said guardian acknowledges the same of the petition.

Ordered by this court upon the petition of Bidy Sturgill & that the sheriff summon a jury to lay off and allot to her her dower of the lands of John Sturgill, Dec'd and that they report to the next term of this court.

[illegible entry].