Grayson County, Virginia Superior Court Order Book 1809 - 1821

Government Grayson Court Records

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Grayson County, Virginia Superior Court Order Book 1809-1821

April 1809

At a Superior Court begun and held for the County of Grayson on the third day of April 1809.

Present: William Brockenbrough, a Judge of the general court.

A certificate of John Tyler, Esq., Governor of the Commonwealth and Daniel L. Hylton, a justice of the peace from the County of Hanover, that William Brockenbrough has qualified to his commission as judge of the general court and circuit court was produced and ordered to be recorded.

William Bourn, clerk of the county court of Grayson County having relinquished his claim to the office of clerk of the superior court for said county. Martin Dickenson being duly appointed and commissioned clerk of this court, and thereupon the said Martin Dickenson took the oath of fidelity to the Commonwealth to support the constitution of the United States and an Oath of Ofice and entered into bond with William Bourn, Shadrach Greer and Joseph Evans his securities in the penalty of ten thousand dollars conditioned as the law directs.

Joseph Evans, Peter Mayo and John Kelly, gent., licensed to practice law in the courts of this Commonwealth took the oath of fidelity to support the constitution of the United States and of office, and thereupon they are admitted to practice as attorneys in this court.

John Kelly, Esq., is appointed prosecutor for the Commonwealth in this court.

The following persons being summoned to serve as Grand Jurors, to wit: Abner Jones, Enoch Osborne, Shadrack Grer, John Kenney, John Isom, Joshua Stoneman, David Noblett, John Blair, Ebinezer Lundy, Thomas Houghey, Daniel McPherson, Daniel Keith, Enoch Cox, George Reeves, George Ellsworth, Flower Swift and George Currin who being sworn received a charge from the court and retired to consider their presentments and after some time returned into court and returned a bill of indictment against George Bowers for a breech of the peace.
A bill of indictment against Andrew Bowers for breech of the peace.
A bill of indictment against John McMullin for breach of the peace.
A bill of indictment against James Leonard for breech of the peace.
A bill of indictment against Jonathan Bentley for breech of the peace, endorsed true bills

Ordered that George Bowers, Andrew Bowers, John McMullin, James Leonard, and Jonathan Bentley be summoned to appear at next court to answer the several indictments found by the Grand Jury against them.

Frederick Idle, plantiff
v
Philip Gaines, Defandant
By consent of the parties this cause is considered till next term. On motion of the plantiff notice of which motion was admitted by the defendant, a Commission is awarded him, directed to Doisley Jacobs, William Gamble, Perry Ringley, Ezekiel Carico, and Thomas Robinson, impowering them or any three of them to examine and to take the deposition of Anne Walters, Charles Walters, John Linseed, Abel Chaney, Bryant Williams, Ezkiel Stuart, Rebekah Stuart, Elizabeth Robinson & other witnesses in this cause residing in Anne Arundel County and State of Maryland, the plantiffs giving the defendant reasonable notice of the time and place of executing the same.

Joseph Quesenberry v. James Dinkins, case dismissed by plantiff's attorney.

Alexander Hamilton, plantiff
v
Enoch Osborn, Defendant
The Defendant by his attorney pleaded not guilty and justification and put himself upon the [illegible] plantiff likewise and the trial of this case is continued till next term.

Court adjourned till tomorrow 10 o'clock.

W. Brockenbrough

At a Superior Court continued and held for the County of Grayson being one of the counties compising the circuit of Grayson, Washington, Lee, Russell, Tazewell, Giles, Montgomery and Wythe on the 4th April, 1809.

Present, same judge as yesterday.

William Carrico and Lewis Brown who was summoned to attend here yesterday as grand jurymen were then solemnly called but came not, therefore it is considered by the court that for the said contempt they make them fines with his excellency John Tyler, Goveror or chief magistrate of this Commonwealth and his successors by the payment of eight dollars and to the use of the said Commonwealth unless sufficient cause of their inability to attend be shown at this next court.

The [illegible] provided yesterday by the Judge of the General Court are in the following words: "Richmond, February 11th, 1809, I hereby certify that the Honorable William Brockenbrough has before me in counsel taken the oath prescibed by law as a judge of the general court and circuit court. And also the oath to support the Constitution of the Unted States, given under my hand the day and year above entered.

Jno. Tyler

Henrico County
I do hereby certify that the Honble. William Brockenbrough has taken the oath of fidelity this day before me as a Judge of the General Court. Given under my hand this 21st day of March 1809.

Danl. Hylton

The Court doth make the following allowanace to the officer of thus Court for them publick services. To wit, to Martin Dickenson, Clerk the sum of fifteen dollars. To Greenberry G. McKenzie Sheriff the sum of ten dollars, and John Kelly, Prosecutor for the Commonwealth for this county the sum of ten dollars for two days service. And it is ordered that the said allowances be certified to the Auditor of Public Accounts.

On the motion of Philip Gaines by his attorney for a writ of habeas corpus to bring the body of the said Philip Gaines before this court together with the cause of his situtation, who was [illegible] was done to be in jail upon an attachment of the sheriff being produced stating that the said Philip Gaines, was in jail and examined for the causes aforesaid the same is granted and the said Philip Gaines being brought into Court by the Sheriff who returned on the writ that the said Philip Gains was detained by virtue of an attachment issued from the county court of Grayson. Whereupon it is considered by the court that he enter into a recognizance himself in the sum of one thousand dollars with two securities in the sum of five hundred dollars each conditioned that he appeared before the judge of the next circuit court to be held in for Grayson County and answer the [illegible] of the attorney for the Commonwealth against him in which [illegible] the said attachment issued from the county court of Grayson, and the said Philip Gaines, Charles Nuckolls and Brown Brown came into court and acknowledge themselves indebted to his excellency John Tyler, Governor of the Commonwealth for the time being and his successors that is to say the said Philip Gaines in the sum of one thousand dollars and the said Charles Nuckolls and John Brown in the sum of five hundred dollars each to be levied of their respective goods and chattels, lands and tenaments to the use of the Commonwealth but to be void on condition that the said Philip Gaines appear personally before the Judge of the said Circuit Court to be held in for the County of Grayson and to do and [illegible] what the court shall direct in the suit of the Attorney for the Commonwealth against the said Philip Gaines on which an attahcment issued out of the County Court of Grayson against the said Philip Gaines. And it is further ordered that a writ of cort...ari issue directed to the clerk of the County Court of Grayson to bring up the [illegible] papers relating thereto which is now deponding in the said court in which the aforesaid attachment had issued.

In it ordered that court adjourn till the first Monday in September next.

W. Brockenbrough


September Term 1809

At a court begun and held for the County of Grayson on the 4th day September 1809.

Present William Brockenbrough, Judge.

The following persons being returned as Grand Jurors, to wit: John Fielder, Flower Swift, George Curin, Daniel Keith, William Vaughn, Joshua Hanks, John Hill, David Noblett, Francis Hail, Dudley Hail, Daniel McPherson, Minitree Jones, David Vaughn, William Ballard, Enoch Osborne, Thomas Young, David Cox, William Stone, Timothy Roward, Jr., and Silas Pearce who being sworn, received a charge from the court and retired to considered their presentments and after some time returned into court and presented a bill of indictment against Elijah Farmer, for an assault, indorses a true bill.

George Keith and John Blevins who were summoned to attend this day as grand jurors were solomenly called but came not. Therefore it is considered by the court that for their said contempt they severally make their fine with his excellency John Tyler, esq., Governor or chief magistrate of this commonwealth and his successors by the payment of eight dollars each to the use of the said Commonwealth, unless they show sufficient cause & their inability to attend at this or the next court.

William Carrico who was fined at last court for failing to attend as a Grand Juror appeared in Court and having showed sufficient cause of his inability to attend, he is therefore excused.

An Indenture of bargain and sale between Stephen Stone and Polly his wife, of the one part and George Cooper of the other part was acknowledged in court by the said Stephen and Polly his wife, being privily examinted consenting thereto the same is ordered to be recorded.

An Indenture of bargain and sale between Peter Snider of the one part and John Snider and Henry Snider of the other part was proven by the oath of Thomas Swift. Daniel Cooley and Martin Dickenson subscribing witnesses thereto and the same is ordered to be recorded.

An indenture of bargain and sale between Peter Snider of the one part and John Snider and Henry Snider of the other part was proven by the oaths of Thomas Swift, Daniel Cooley and Martin Dickenson, subscribing witnesses thereto and the same is ordered to be recorded.

An indenture of bargain and sale between Peter Snider of the one part and John Snider and Henry Snider of the other part was proven by the oaths of Thomas Swift, Daniel Cooley and Martin Dickenson, subscribing witnesses thereto and the same is ordered to be recorded.

An indenture of bargain and sale between Zachairah Stanley of the one part and William Bourn of the other part was proven by the oaths of Abner Jones, Robert Nuckolls, and John Kelly subscribing witnesses thereto and the same is ordered to be recorded.

Daniel Sheffy and Caleb Perry, gentlemen, licenses to practice law in the courts of the Commonwealth took the oath of fideltity to support the constitution to the United States and an Oath of Office and thereupon they are admitted to practice as attorneys in this court.

An indenture of bargain and sale between John Blair and Charity his wife of the one, part, and Thomas McMillian of the other part was acknowledged by the said John Blair to be his act and deed and the same is ordered to be recorded.

The Commonwealth, plantiff,
v
Thomas McMillian, Defendant, indictment for an assault
Thus came the prosecutor for the commonwealth and the defendant being solemly called came not whereupon a jury, to wit: Samuel Fulton, John Patton, William Kenny, Joshua Stoneman, Ebenezer Lundy, Abraham Noblett, Stephen Bown, Jacob Noblett, Jesse Wilson, Rhodes Nuckolls, Elisha Swift and Samuel Swift, who being sworn to assess the fine upon their oaths do say that the defendant is guilty as in the indictment against is alleged and they do assesse his fine by occasion thereof to six cents. Whereupon it is considered by the court that the county recover of the aforesaid the fine aforesaid by the jurors assessed and the costs about their on this behalf expended.

Nathaniel Nuckolls, Plantiff
v
Philip Gaines, Defendant, in Debt
John Brown came into court and undertakes for the defendant that in case he shall be cast in jail he shall pay and satisfy the condemation of the court, or render his body to prison in execution for the same or that the said John Brown will do it for him.

The Commonwealth, plantiff
v
Jonathan Bentley, Defendant, indictment for an assault
This day came the prosecutor for the commonwealth and the defendant, being solemnly called but came not, whereupon a jury to wit: Bennet Rector, Mark Johnson, Isaac Bentley, John Baker, William McKnight, David Jones, John Mash, Obadiah Leonard, William Ward, Thomas Patton, Thomas Davis and Isaac Goulson(?) Who being sworn to assess the fine upon their oaths do say that the defendant is guilty in manner and form as in the indictment is alleged and they assess his fine by occasion thereof to one cent. Whereupon it is considered by the court that the defendant pay to the Commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended.

The Commonwealth, Plantiff
v
Andrew Bowers, Defendant, Indictment for an assault
This day came the prosecutor for the commonwealth and the defendant, being solemnly called but came not, whereupon a jury to wit: Samuel Bird, George Jones, Annuel Edwards, James Atkins, John Williams, Jacob Hays, Joseph Doughton, Aaron Lundy, Mahlon Collins, Ebenezer Lundy, John Johnson and Abel Carrico who being sworn to assess the fine, upon their otahts do say that the defendant is guilty in manner and form as in the indictment against him is alleged and they assess his fine by reason thereof to twelve cents, whereupon it is considered by the court that the defendant pay to the Commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended.

The Commonwealth, Plantiff
v
George Bowers, Defendant, Indictment for an assault
This day came the prosecutor for the commonwealth and the defendant, being solemnly called but came not, whereupon a jury to wit: Samuel Bird, George Jones, Annuel Edwards, James Atkins, John Williams, Jacob Hays, Joseph Doughton, Aaron Lundy, Mahlon Collins, Ebenezer Lundy, John Johnson and Abel Carrico who being sworn to assess the fine, upon their otahts do say that the defendant is guilty in manner and form as in the indictment against him is alleged and they assess his fine by reason thereof to one dollar, whereupon it is considered by the court that the defendant pay to the Commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended.

The Commonwealth, Plantiff
v
James Leonard, Defendant, Indictment for an assault
This day came the prosecutor for the commonwealth and the defendant, being solemnly called but came not, whereupon a jury to wit: John Sturdivan, Benjamin Cooly, Stephen Bourn, Jr., William Hail, Robert Warden, Elisha Swift, James Wright, John Collins, Abraham Noblett, Joshua Stoneman, John Bird, and John Patton, who being sworn to assess the fine, upon their otahts do say that the defendant is guilty in manner and form as in the indictment against him is alleged and they assess his fine by reason thereof to fifty cents, whereupon it is considered by the court that the defendant pay to the Commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended.

Frederick Idle, Plantiff
v
Philip Gaines, Defendant, in [illegible]
This day came the plantiff by his attorney, Joseph Evans and the defendant by his attorney Daniel Sheffy, and on [illegible] of the defendant and for good cause shown, it is ordered that the same be charged and the trial of this cause be had in the Superior Court to be held for the county of Montgomery.

Ordered that Court adjourn till tomorrow 11 o'clock.

W. Brockenbrough


September the 5th, the court met according to adjournment.

Present, same judge as yesterday.

The Commonwealth, Plantiff
v
Philip Gaines, Deft.
Upon a habeus corpus to bring the body of the defendant before this court who was detained in the jail of the county of Grayson upon an attachment, [illegible] from the county court of Grayson for a contempt. The Defendant who was bound in recognizance for his appearance at this court and to do and receive what the court shall [illegible] in the said sent the attorney for the Commonwealth against the Philip Gaines on an attachment issued one fo the county court of Grayson. The defendant made his appearance in discharge of his recognizance and the parties being heard, and upon a vote of a transcript of the record of the proceedings aforesaid from the county court aforesaid. It appearing that the said defendant was detained in custody under an illegal order of the said county court of Grayson. It is therefore considered by the court that he be forth with discharged from the recognizance aforesaid and from the custody of the sheriff of said county.

Alexander Hamilton, plantiff
v
Enoch Osborne, Defendant in case
On motion of the plantiff,and for reasons appearing to the court this cause is continued at his costs.

John King, Plantiff
v
Jesse Williams, Defendant, in case
This day the parties by their attornies and the defenant [two lines illegible].

The court doth make the following allowances to be the officers of this court for their public services, viz, to Martin Dickenson, clerk, fifteen dollars, to Greenberry G. McKenzie, Sheriff, ten dollars, and to John Kelly prosecutor for the commonwealth the sum of ten dollars for two days serivce and it is ordered that the said allowances be certified to the auditor of public acounts.

Ordered that court be adjounred till the first day of next term.

W. Brockenbrough.


April 1810

At a Superior Court begun and held for the County of Grayson on Tuesday the 3rd day of April 1810.

Present, William Brockenbrough, Judge

The following persons begin retained as Grand Jurors, to wit: Daniel Keith, foreman, Enoch Osborne, George Cornelias, Silas Peace, Charles Anthony, Robert Hill, James Atkins, William Bird, Samuel Bird, George Keith, Christopher Keith, Javas Perkins, Ebenezer Lundy, John Williams, Stephen South, John Isom, Jr., and George Ring, who being sworn received a charge from the court and retired to considered their presentments and after some time returned into court and presented a bill of indictment against Gilbert Sexton for murder, indorsed a true bill.

George Keith who was fined at last court for failing to attend as a grand juror, appeared in court and having showed sufficient cause of his inability to attend, he is therefore released.

Nathaniel Nuckolls, plantiff
v
Philip Gaines, deft, in debt
Daniel Kieth comes into court and having [illegible] undertakes for the defendant that in case he shall be cast in this suit, he shall pay and satisfy the condemnation of the court or render his body to prison in execution of for the same. Or that the said Daniel Keith will do it for him. Whereupon on motion of the defendant by his attorney. It is ordered that the judgment obtained in the office against the defendant be set aside, and thereupon the defendant saith that he hath [?] will and truly paid the debt in the [illegible] and of this he puts himself upon the county and the plantiff by his attorney likewise and the trial of the issue is defered till next court.

Alexander Hamilton, plantiff
v
Enoch Osborne, defendant, in case
This day came the defendant by his attorney and his plantiff though solemly called came not [illegible] his sent further prosecuted. Therefore on the prayer of the defendant. It is considered by the court that he recover against the plantiff three dollars damages according to law and his costs by him about his defense in this behalf expended.

John King, Plantiff,
v
Jesse Williams, Defendant, In Case
This day came the defendant by his attorney, and the plantiff though solemnly called came not, not his suit further prosecutred. Therefore on the prayer of the said defendant, it is considerd by the court that he recover against the plantiff three dollars damages according to law, and his cost by him about his defense in this behalf expended.

John Kelly, esq. Came into court and resigned his appointment of prosecutor for the commonwealth in this court.

Ordered that court be adjourned till tomorrow ten o'clock.

W. Brockenbrough.

Wednesday the 4th, Court met according to adjournment.

Present same judge as yesterday.

Gilbert Sexton of the County of Grayson labourer who was indicted for murder was led to the bar in custody of the jailor and sheriff and gave a plead not guilty to the indictment and put himself upon the county, whereupon came a jury to wit: Edward, Bond, Abner Hunt, Thomas Houghey, Nicholas Robinson, Samuel Hague, William Carrico, Daniel McPherson, Stephen Bourn, Benjamin Cooley, David Pierce, Richard Hall and Isom Lundy who being [illegible] and sworn [illegible] the [illegible line] that the said Gilbert Sexton is not guilty of the murder aforesaid. Therefore it is ordered by this court that he be acquitted and discharged of the murder aforesaid and go thereof without delay.

Lewis Hail, William Bourn and John Blair who were summoned to appear here at this time as witnesses for the trial of Gilbert Sexton on murder was solemnly called but came not, therefore it is considered by the court [illegible] said contempt [illegible] of this commonwealth and his successors by the payment of $8 each to the [illegible] the said commonwealth unless sufficient cause of their inability to attend be shown at the next court.

William Williams who is summoned to attend at this court as a witness for the trial of Gilbert Sexton for murder failed to attend, when called came into court and showing sufficient cause why he was not attend he is therefore excused.

[John Sexton and Mary Ann Gilbert were married in 1780 in Bedford Co VA. John Sexton moved to Buncombe County, NC after living in Grayson County, Virginia.
John and Mary Ann had children:
William born ca 1782 m. 1. (probably) Elizabeth or Polly Cock 2. Elizabeth Hodge;
Benjamin b 1785 m. Nancy Taylor;
Elizabeth born 1786 m. James Cock;
Gilbert born 9 Dec 1786 [Under consideration in this section of the records]
Elijah born 1788 m. Sarah;
Judith born Jul 1794 m. John Cornwell;
Hiram born 8 Mar 1801 m. Lorena; Nancy born 1803 (?);
Lorenzo D. born 1805; and
Isaac born 1807 m. Nancy.
(Supplemental family information from Danny Miller)]

Richard Fender, Executor of Robert Elliott, dec'd plantiff
v
Jesse Franklin, defendant, in [illegible]
On motion of the defendant who has given special bail, it is ordered that the judgment entered in the office against the defendant be set aside and thereupon the defendant filed his plea in writing & the cause is continued till next court.

John K. Cunningham, jailor is alllowed for keepign Gilbert Sexton a criminal in jail one hundred and fifty-nine days the sum of thirty-four cents per day and also for guarding him with three guards fifty-three days [illegible] which is ordered that the same be entered to the Auditor of Public Accounts.

The court doth make the following allowances to the officers of the court for publick services, viz, to Martin Dickenson, clerk the sum of fifteen dollars, Abner Jones Sheriff the sum of ten dollars, and it is orderd that the said allowances be certified to the auditor of Publick accounts.

Ordered that Greenberry G. McKenzie, late sheriff [illegible] be allowed the sun of twenty dollars for publick servicesfor the year 1809 and that the sum be certified to the auditor of public accounts.

Ordered that Court be adjourned till the first day of next term.

W. Brockenbrough.


October 1810

At a superior court begun and held for the County of Grayson on the 15th day of October 1810.

Present William Brockenbrough, a judge.

Henley Chapman, esq., who has been duly licensed to practice law in the courts of this commonwealth on his [illegible] has been licensed to practice in this court, and thereupon he took the oath of fidelity to the commonwealth, the oath of an attorney at law and the oath to support the constitution.

Henly Chapman is appointed prosecutor for the Commonwealth in this court [line illegible].

The following persons being returned as Grand Jurors towit: Minitree Jones, George Ailsworth, Allen Barbour, William Cloud, Jabez Johnson, Francis Hail, Stephen Hail, Stephen Bourn, Benjamin Cooley, Peter Cooley, John Hash, Joshua Stoneman, John Dalton, John A. Gregg, Abraham Noblett and John Blevins, who being sworn received a charge from the court and retired to consider their presentments and after some time returned into court and having nothing to present were discharged.

An indenture of bargain and sale between John Sturdivan of the one part and Stephen Bourn of the other part was proven in Court by John Kelly, Robert Nuckolls and James Anderson subscribing witnesses and the same is ordered to be recorded.

Charles Anthony, applicant, plantiff,Br> v
Frederick Idle, appello, defendant, upon an appeal from a judgment of this county's court.
This day came the parties by their attorneis and it appearing to the court that the appeal aforesaid ought not to have been allowed, because the judgment of the same [illegible] one hundred dollars. It is ordered that the same be dismissed and that the appelant pay the appelle his costs in this behalf expended.

Nathaniel Nuckolls, plantiff
v
Philip Gaines, defendant, in debt
This day came the parties by their attornies, and the defendant relinquishing his former plea, saith that [two lines illegible] one hundred dollars with interest to be computed after the rate of six percentum per annum from the first day of September till paid, being the debt in the [illegible] one thousand eight hundred and six, and his costs about his suit in this behalf expended by the defendants.

Andrew Lewis, plantiff
v
John Bolt, defendant
This day came .... the plantiff by his attorney as [most of this entry was illegible]

Philip Gaines, plantiff
v
Martin Dickenson, defendant
Upon a motion of the plantiff by his attorney a writ of [illegible] is ordered to the justices of this county to certify [illegible line].

John Blair and Benjamin Phipps who were summoned to attend this court this day as grand jurors were solemnly called but came not, therefore it is considered by the court that for their said contempt they [illegible] make their fines with his excellency John Tyler esq., Governor or Chief Magistrate of this commonwealth and his successors by the payment of eight dollars each to the use of the commonwealth unless they show sufficent of their inability to attend at this in the next court.

Ordered that court be adjourned till tomorrow 9 o'clock.

W. Brockenbrough

Tuesday the 16th, Court met according to adjournment.

Present, same judge as yesterday.

John K. Cunningham is allowed the sum of thirty dollars for his publick services as jailor of this county one year.

Abner Jones sheriff of this county is allowed the sum of ten dollars for his publick services at court.

Martin Dickenson clerk of this court is allowed the sum of fifteen dollars for his public services.

And Henley Chapman is allowed ten dollars for two days service as prosecutor for the commonwealth in this court and the said allowances are orderd to be certified to the auditor of public accounts.

John K. Cunningham, late jailor of this county produced his account against the commonwealth for eleven dollars fifty-six cents for dieting Thomas Wilson charged with horse stealing, which being proved by oath of the said John K. Cunningham is allowed by the court & orderd to be certified to the auditor of public accounts.

Richard Foster, executor of Robert Elliott deceased, plantiff
v
Jesse Franklin, defendant
This day came the parites by their attornies and their defendant by [illegible] of the court, withdrew his plea saith that he does not [illegible] the slave in the declaration mentioned, and of this he putteth himself upon the county and the plantiff likewise and the defendant filed his further plea in [illegible] and on motion of the plantiff the cause is continued untill the next term for the plantiff [illegible].

Ordered that court be adjourned till the first day of next-term.

W. Brockenbrough.


May 1811

At a Superior Court begun and held for the county of Grayson on Monday the 13th day of May 1811.

Present Peter Johnson recently elected a Judge of the General Court by the General Assembly, commissioned as such by the executive and alloted to the thirteenth circuit by order of the privy council or Council of State bearing date the eigth day of Februay last.

The following persons were returned as Grand Jurors to wit: Minitree Jones, George Currin, John A. Grigg, Joshua Hanks, Benjamin Cooley, William Hail, Joshua Stoneman, John K. Cunningham, Francis Hail, Lewis Brewer, Abraham Noblett, Henry Snider, Lewis Hail, Stephen Bourn and Enoch Cox, who being sworn received a charge from the Court and retired to consider their presentments and after some time returned into court, and adjourned untill tomorrow morning ten o'clock.

An indenture of bargain and sale between Charles Stuart of the one part and David May of the other part was proven in court by Joseph Stuart, one of the subscribing witnesses thereto.

John Blair, Samuel McCluer, David Cox, Daniel McPherson, Daniel Keith, John Pool, and Thomas Patton who were summoned to attend this court this day as grand jurors were solemnly called but came not, therefore it is considered by the court that for their said contempt they severally make their fine with his Excellency George W. Smith, esquire, Lieutenant Governor of the Commonwealth of Virginia, now exercising the functions of governor and his successors in office as governor by the payment of eight dollars each to the use of the said commonwealth unless they shew sufficient cause of their inability to attend at this or the next court.

Ordered that court be adjourned till tomorrow morning ten o'clock.

Peter Johnston

Tuesday the 14th Court met according to adjournment.

Present, same judge as yesterday.

The Grand Jury which was adjourned yesterday appeared in court and retired to consider of their presentments and after some time returned into court and presented indictments against William Evans for a breach of the peace; against John Bryant for a breach of the peace, against Daniel Delp for a breach of the peace; against Thomas Wilkinson for a breach of the peace; and against Elijah Farmer for breach of the peace indorsed true bills, and having nothing further to present were discharged.

Joshua Hanks a grand juror failed to attend when called according to adjournment of yesterday. Therefore it is considered by the court that for his said contempt he make his fine with his Excellency George W. Smith, Esquire, lieutenant Governor of the Commonwealth of Virginia now exercising the functions of governor and his successors in office as governor by the payment of eight dollars.

Daniel McPherson, Daniel Keith, and Thomas Patton who were fined yesterday for failing to attend and grand jurors appeared in court and having shown sufficient cause of their inability to attend they are therefore excused.

An indenture of bargain and sale between John Kelly of the one part and Henry Beemer of the other part was acknowledged in court by the said John Kelly to be his act and the same is ordered to be recorded.

Richard Foster, Executor of Robert Elliott, deceased, plantiff
against
Jessee Franklin, defendant
This day came the parties by their attornies and thereupon came a jury to wit: William Rankin, John Bell, Abel Carrico, David May, Joseph Stuart, Robert Warden, Obadiah Leonard, John Brown, Levi Durnelle, Peter Nuckolls, Jonathan Bentley and Joseph Allen who being selected tried and sworn to the truth to speak upon the issue joined upon their oaths do say that the defendant doth detain the slave on the [line illegible] and that they said slave is of the price of three hundred dollars and they do assess the plantiff's damages by occasion of the detention of the said slave one cent besides his costs, and on the motion of the plantiff by his counsel a new trial is awarded in this cause on payment of costs by the said plantiff.

Philip Gaines, plantiff
v
Martin Dickenson, defendant, in Supressedas
Caleb Bobbett, plantiff
v
William Hudson, defendant in Supressedas
For reasons appearing to the court these causes are continued till next term.

John Blair who was fined yesterday for failing to attend as a grand jurors appeared in court and having shown sufficient cause of their inability to attend he is therefore excused.

Ordered that process issue against the persons against whom indictments were found this day by the Grand Jury to appear and answer the same at next term.

Abner Jones sheriff of this county is allowed the sum of ten dollars for his publick serivces since the last term, and the same is ordered to be certified to the auditor of publick accounts.

Martin Dickenson Clerk of this court is allowed the sum of fifteen dollars for publick services since the last term and the same is ordered to be certified to the auditor of publick accounts.

Henley Chapman as prosecutor for the commonwealth in this court is allowed ten dollars for two days services at this term and the same is ordered to be certified to the auditor of publick accounts.

John Trimble, jailor of this county is allowed the sum of fifteen dollars for publick services since last term and the same is ordered to be certified to the auditor of publick accounts and the further sum of forty-nine dollars fourteen cents per accounts this day allowed [illegible] and passed which is also ordered to be certified to the auditor of publick accounts.

Ordered that Court Adjourn till first day of next term.

Peter Johnston


October 1811

At a Superior Court began and held for the County of Grayson on Monday the 14th day of October 1811.

The following persons were returned as Grand Jurors to wit, Minitree Jones, Peter Anderson, Stephen Perkins, William Bonham, John Woods, Shadrack Greer, Andrew Hunton, Randolph Collins, Daniel McPherson, Stephen Stone, Dudley Hail, Charles Rowark, Francis Hail, Abraham Noblett, Annuel Edwards, Hyram Wills, George Keith, John Collins, Enoch Cox, David Cox, Thomas Johnson, and Richard Lundy, who being sworn received a charge from the court, and returned to consider of their presentments and after some time returned into court and were adjourned untill tomorrow morning 10 o'clock.

Nathaniel Nuckolls, plantiff
v
Philip Gaines and Daniel Sheffy, defendants
Upon a bond taken for the forthcoming of property at the day of sale upon an execution issued out of this court by the plantiff against the defendant Philip Gaines. This day came the plantiff by his attorney and it appearing by the oath of Abner Jones in Court that the Defendant Daniel Sheffy ahd ten days previous notice of this motion and the said defendant being called and not appearing it is considered by the court that the plantiff recover against the defendant Daniel Sheffy two hundred and twenty-nine dollars and fifty two cents, the penalty of said bond and his costs by him in this behalf expended and the said defendant in mercy & But the judgment is to be discharged by the payment of one hundred and thirty-eight dollars fifty-eight cents with interest thereupon to be computed after the rate of six percentum per annum from the twenty-fourth day of November on thousand eight hundred and ten till payment and the costs.

John Pool who was fined at last term for failing to attend as a grand juror appeared in court and having shown sufficient cause of his inability to attend he is therefore excused.

Ordered that Court be adjourned till tomorrow morning 10 o'clock.

Peter Johnston

Tuesday the 15th Court met according to adjournment.

Present same judge as yesterday.

The Grand Jury which was adjourned yesterday appeared in court and retired to consider their presentments and after some time returned into court and presented indictments against Stephen Brown for Grand Larceny indorsed not a true bill, and the said Stephen Brown being brought to the barr in custody of the jailor and proclamation being made as the manner is and nothing further appearing or being alledged against him. It is ordered that he be discharged from his imprisonment.

An indictment against Moses Wills, for a breach of the peace
An indictment against Jonathan Bentley for a breach of the peace
An indictment against Martin Dickenson for a breach of the peace
An indictment against Robert Warden for a breach of the peace
An indictment against John Austin for a breach of the peace
and An indictment against Robert Warden for breach of the pace endorsed true bills and the grand jury having nothing further to present same discharged.

The Commonwealth, plantiff,
v
Daniel Delp, defendant, Indictment for a breach of the peace
The defendant appeared and plead not guilty to the indictment and put himself upon the county and the attorney for the commonwealth likewise and thereupon came a jury to wit: Thomas Williams, Frederick Idle, John Thomas, Joseph Raimey, John K. Cunningham, William Conley, Thomas Haughey, John Trimble, Mahlon Collins, Jacob Harrell, William Ballard and Levi Durnell who being sworn to try the issue aforesaid joined upon their oaths do say that the defendant is not guilty as in pleading he hath alledged his is therefore acquitted.

The Commonwealth, plantiff
v
William Evans, defendant, indictment for a breach of the peace
The defendant appeared and plead not guilty to the indictment and put himself upon the county and the attorney for the commonwealth likewise and thereupon came a jury to wit: Aaron Lundy, John Miller, John Kinworthy, Thomas Wilkinson, Byrum Ballard, Jacob Noblett, Amos Ballard, John Green, Samuel Craig, Jno. Bedwell, John Austin, and Jacob Lineberry, who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say that defendant is guilty in manner and form as in the indictment against him is alleged, and they do assess his fine to three dollars, whereupon it is considered by the court that the defendant forfeit and pay to the commonwealth the fine aforesaid by the jurors assessed and the costs on this behalf expended and the said defendant may be taken, &c.

The Commonwealth, plantiff
v
John Bryant, Defendant, indictment for breach of the peace.
This day came the prosecutor for the Commonwealth and the defendant appeared in Court but failed to plead, whereupon came a jury to wit: Aaron Lundy, John Miller, John Kinworthy, Thomas Wilkinson, Byrum Ballard, Jacob Noblett, Amos Ballard, John Green, Samuel Carey, Ira Bedwell, John Austin, and Jacob Lineberry who being sworn to enquire the fine and having heard the evidence upon their oaths do say they do assess the fine to three dollars whereupon it is considered by the court, that the defendant forfeit and pay to the commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf & the defendant may be taken &c.

The Commonwealth, plantiff
v
Thomas Wilkinson, defendant, indictment for breach of the peace
This day came the prosecutor for the commonwealth and the defendant appeared in court but failed to plead. Whereupon came a jury to wit: Thomas Williams, Frederick Idle, John Thomas, Joseph Raimey, John K. Cunningham, William Conley, Thomas Houghey, John Trimble, Mahlon Collins, Jacob Harrell, William Ballard and Daniel Davis who being sworn to enquire the fine upon their oaths do say that they assess his fine to six dollars. Whereupon it is considered by the court that the defendant forfeit and pay the commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended, & the def. may be taken., & c.

An indenture of bargain and sale between Martin Dickenson of the one part and Jacob Rudy of the other part was acknowledged in court by the said Martin Dickenson to be his act and deed and the same is ordered to be recorded.

An indenture of bargain and sale between Martin Dickenson of the one part and Abner Jones of the other part was acknowledged in court by the said Martin Dickenson to be his act and deed and the same is ordered to be recorded.

An indenture of bargain and sale between Martin Dickenson of the one part and John Comer of the other part was acknowledged in court by the said Martin Dickenson to be his act and deed and the same is ordered to be recorded.

David Cox who was fined at last term for failing to attend as a grand juror appeared in court and having shown sufficient cause for his inability to attend he is therefore excused.

An indenture of bargain and sale between John Kelly of the one part and Jacob Lineberry of the other part was acknowledged in court by the said John Kelly to be his act and deed and the same is ordered to be recorded.

Philip Gaines, plantiff
v
Martin Dickenson, defendant, upon a Supesseas from a judgment of the county court.

This suit is dismissed by the plantiff's attorney.

Caleb Bobbett, plantiff,
v
William Hudson, defendant, upon a supensendas from a judgment of the county court.

This day came the defendant by his attorney and thereupon the transcript of the record of the judgment aforesaid being seen and inspected, it seems to the court here that there is no error in the said judgment, therefore it is considered that the same be affirmed and that the defendant recover against the plantiff damages according to law for retarding the execution thereof and his costs by him about his defense in this behalf expended.

Daniel Austin and George Smith who were summoned to attend this court yesterday as grand jurors were solemnly called but came not, therefore it is considered by the court that for their said contempt they severally make their fine with his Excellency George W. Smith, esquire, Lieutenant Governor of the Commonwealth of Virginia, now exercising the functions of governor and his successors in office as governor by the payment of eight dollars each to the use of the said commonwealth unless they shew sufficient cause of their inability to attend at this or the next court.

Joseph Stuart, plantiff,
v
Peter Cooley, defendant, in case
This day came the parties by their attornies and the defendant pleaded not guilty to which the plantiff replied generally, it is ordered that the judgment obtained against the defendant be set aside and thereupon came a jury to wit: John Robinson, George Currin, David Noblett, John Fielder, Lewis Hail, George Ailsworth, Stephen Hail, William Stone, John A. Griggs, James Anderson, David Pierce and Jacob Harrell who being sworn to try the issue joined and having heard the evidence upon their oaths do say that the defendant is not guilty as in pleading, he hath alleged, therefore it is considered by the court that the defendant recover of the plantiff his costs about his defense in this behalf expended.

Ordered that court be adjourned till tomorrow morning 9 o'clock.

Peter Johnston

Wednesday the 15th Court sat according to adjournment.

Present same Judge as yesterday.

Ordered that process issue in the indictment found by the grand jury at this term.

Abner Jones, sheriff of this county is allowed the sum of ten dollars for public services since last term.

Martin Dickenson, clerk of this court is allowed the sum of fifteen dollars for public service since last term.

Henly Chapman prosecutor for the Commonwealth in this court is allowed fifteen dollars for three days services at five dollars per day, and the said allowance are ordered to be certified to the auditor of public accounts.

The Commonwealth, plantiff
v
David Farmer, defendant, indictment for breach of the peace
On motion of the prosecution for the Commonwealth, it is ordered that a new process issue directed to the Sheriff of Wythe County.

An account was exhibted in court by Robert Nuckolls, jailor amounting to forty-eight dollars and fifty cents whcih being proven by the oath of the said Robert Nuckolls and examined by the court was allowed and ordered to be certified to the auditor of public accounts.

The Commonwealth, plantiff
v
Martin Dickenson, & Robert Warden, defendants, indictment for breach of the peace.
This day came the parties and on motion of the defendants who plead not guilty to the indictment and with the [illegible] of the attorney for the commonwealth, a jury was impaneled to wit: Robert Thompson, John Cunningham, Ogden Miller, John Bryant, William Ballard, Peter Nuckolls, William Rankins, John Baker, Daniel Austin, James Anderson, David Vaughan and Joseph Raimey who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say that the defendants are guilty in manner and form as in the indictment against them is alleged, and they do assess their fines to one dollar each, whereupon it is considered by the court that the defendants forfeit and pay to the commonwealth the fines aforesaid by the jurors assessed and the costs in this behalf expended, & that the said defendants may be taken &c.

An account was exhibited in court by John K. Cunningham for guarding Gilbert Sexton a criminal amounting to twenty-seven dollars which was proven by the oaths of the said John K. Cunningham, allowed and ordered to be [certified to] the auditor of public accounts.

The Commonwealth, plantiff
v
Robert Warden & John Austin, defendants, indictment for breach of the peace.
This day came the parties and on motion of the defendants who plead not guilty to the indictment and with the [illegible] of the attorney for the commonwealth, a jury was impaneled to wit: Frederick Idle, James Henson, John Black, George Curren, David Pierce, Thomas Wilkinson, John Trimble, John Robinson, John Collins, John Chappel, Amos Ballard, and Robert English, who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say that the defendants are guilty in manner and form as in the indictment against them is alleged, and they do assess their fines to two dollars each, whereupon it is considered by the court that the defendants forfeit and pay to the commonwealth the fines aforesaid by the jurors assessed and the costs in this behalf expended, & that the said defendants may be taken &c.

Ordered that court be adjourned till the first day of next term.

Peter Johnston


October 1812

At a superior court of law held for the county of Grayson on Monday the 19th day of October 1812.

Present: Peter Johnston, Esqr. Judge.

John Kelly, Esqr. Is appointed prosecutor for the Commonwealth in this court.

The following persons were returned as Grand Jurors, to wit: David Cox, foreman, Stephen Bourne, Sen., David Noblitt, Stephen Bourne, Jr., William Hail, Lewis Hail, Stephen Hail, Daniel Keith, Isaiah Phipps, Samuel Amburn, Jacob Hays, Barney Wills, Samuel Parker, Charles Rowark, Abraham Wright, Alexander Sutherland, William H. Boyer, William Long, Stephen Stone, John Isom, Sen., Daniel Austin, and Daniel McPherson, who being sworn, received a charge from the court and retired to consider their presentments and after some time returned into court and made presentments in the following words to wit, "We the Grand Jury impanneled for the County of Grayson at October Superior Court of Law 1812 do present John Warrick and Barnabas Walls, husbandman and labourer of this county in a breach of the peace by fighting together on the 8th day of April last. Information by Lewis Hail, Stephen Hail and Charles Roward of our own body.

We further present Robert Smyth and William Lyon, labourers of Grayson County for a breach of the peace by fighting together on the 10th of this instant, October, by information of Jacob Hays and David Noblett of our own body and George Curren sent for by us.

An indictment against Daniel Bedsaul for horse stealing indorsed a true bill and having nothing [further] to present were discharged.

Lewis Amiss, esq., licensed to practice law in the courts of this Commonwealth on his motion has leave to practice in this court and thereupon he took the oath of fidelity to the Commonwealth, the oath of an attorney and the oath to support the constitution of the United States.

The Commonwealth, plantiff
v
Jonathan Bentley, defendant, indictment for breach of the peace.
The defendant appeared in court and plead not guilty to this indictment and put himself upon the county and the attorney for the commonwealth likewise, and thereupon came a jury to wit: John Robinson, Jacob Lineberry, James Bedwell, George Smyth, John Fielder, Daniel Davis, James Walker, Thomas Parker, Jacob Hines, Jesse Walls, James Nuckolls, and Jacob Boyer who being sworn to try the aforesaid joined and having heard the evidence upon their oaths do say that the defendant is guilty in manner and form as against him in the indictment is alleged and they do assess his fine by occasion thereof to fifty cents besides his costs, whereupon it is considered by the court that the defendant forfeit and pay to the commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended & may be taken &c.

The Commonwealth, plantiff
v
Moses Wills, defendant, indictment for breach of the peace
This day came the prosecutor for the commonwealth and the defendant being solemnly called came not. Whereupon came a jury to wit: John Robinson, Jacob Lineberry, James Bedwell, George Smith, John Fielder, Daniel Davis, John Walker, Thomas Parker, Jacob Hines, Jesse Wells, James Nuckolls and Jacob Boyer who being sworn to assess the fine and having heard the evidence upon their oaths do say the defendant is guilty in manner and form as in the indictment against him is alleged and they do assesse his fine by occasion therefor to five dollars besides his costs. Whereupon it is consdiered by the court that the defendant forfeit and pay to the commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended & may be taken &c.

Andrew Lewis, Plantiff
v
John Bolt, John Jones, and Charles Bolt, defendants upon a bond
Taken for the forthcoming of property at the day of sale upon an execution sent out of this court by the plantiff against the defendant John Bolt. This day came the plantiff by his attorney and it appearing by the oath of Abraham Noblett in court that the defendants John Jones and Charles Bolt had ten days previous notice of this motion and the said defendants being called and not appearing, it is considered by the court that the plantiff recover of the defendants John Jones, and Charles Bolt the sum of three hundred and twenty-one dollars and thirty cents the penalty of the said bond, and his costs by him in this behalf expended and the said defendants in mercy &c. But this judgment is to be discharged with the payment of one hundred and sixty dollars with interest thereon to be computed after the rate of six percentum per an. From the seventh day of April one thousand eight hundred and twelve till payment and the costs.

Ordered that John Warrick, Barnabas Wells, Robert Smyth and William Lyon be summoned to appear here at next term to show cause if any they can why informations shall not be filed against them for the offenses for whcih they were this day presented by the grand jury.

William Stone and William McKnight who were summoned to attend this term as Grand Jurors were solemnly called but came not. Therefore it is considered by the court that for their said contempt they severally make their fine with his Excellency James Barbour, Esq., Governor of the Commonwealth of Virginia by the payment of eight dollars each to the use of the said commonwealth unless they shew sufficient cause of their inability to attend at this or the next court.

Daniel Bedsaul late of Grayson County who stands indicted for horse stealing, was this day, therefore put to the bound custody of the keeper of the public jail, thereof pleaded not guilty to the indictment and for his trail put himself upon God and the County. Whereupon came a jury to wit: Minitree Jones, Jesse Rector, John Blair, Thomas Patton, William Stone, Levi Bucham, Richard Hail, Joseph Fields, Elisha Bedwell, John Frost, James Bedwell and Timothy Dalton who being elected heard and sworn the truth to speak upon the upon aforesaid issue and having heard the evidence upon their oaths do say that the said Daniel Bedsaul is guilty in manner and form as in the indictment against him alleged and they as ascertain the time for which he is to undergo confinement in the jail and penetentiary house to five years and that the horse stolen and forthcoming and liable to be restored to the owner thereof and thereupon the said Daniel Bedsaul is remanded to jail.

Ordered that court be adjourned till tomorrow morning 10 o'clock.

Peter Johnston

Tuesday the 20th Court sat according to adjournment.

Present same Judge as yesterday.

Daniel Bedsaul late of Grayson County labourer who stands convicted of horse stealing was again led to the barr in custody of the jailor of this county and thereupon it being demanded of him of any thing for himself he has now to say why the court here should not now pronounce judgment against him according to law and nothing being offered or alleged in delay of judgment. It is considered by the court that the said Daniel Bedsaul be imprisoned in the public jail and penitentiary house of this commonwealth for the term of five years the period by the jurors in the verdict ascertained, and it is ordered that the sheriff of Grayson County do as soon as possible after the adjournment of this court remove and safely convey the said Daniel Bedsaul from the jail of this cournty to the said public jial and penitentiary house therein to be kept imprisoned and treated in the manner directed by law and the court doth certify on the trial of the said Daniel Bedsaul circumstances appeared highly aggravating the offense.

The court doth make the following allowances for the officers of the court viz: Matthew Dickey, sheriff for publick services since the 28th Day of Februrary last the sum of eleven dollars sixty- seven cents.

Martin Dickenson, Clerk of the Court for public service one year previous to this term, thirty dollars.

John Kelly, Esq., prosecutor for the Commonwealth, ten dollars for two days services this term and the same is ordered to be certified to the auditor of public accounts.

An account was exhibtied in court by Robert Nuckolls, jailor of this county amounting to one hudnred and twelve dollars fifty six cents which was examined and allowed by the court proven by the oath of the said Robert Nuckolls and ordered to certified to the auditor of public accounts.

Martin Dickenson, Clerk of this court having appointed James Anderson his deputy during pleasure, whereupon the said James Anderson took the oath of fidelity to the commonwealth, the oath of a clerk and the oath to support the constitution of the United States.

Abner Jones former sheriff of this county is allowed the sum of eight dollars thirty-three cents for public service up to the 28th day of February last and the same is orderd to be certified to the auditor of public accounts.

Ordered that it be certified to the auditor of public accounts that Henry Dean was apprehender of Daniel Bedsaul convicted this term of horse stealing and that the other evidence given upon the trial was sufficient without the testimony of said Henry Dean to convict the prisoner.

Robert Nuckolls, jailor of this county is allowed the sum of thirty dollars for public services for one year previous to this term and the same is orderd to be certified to the auditor of public accounts.

Ordered that Court be adjourned till the first day of next term.

Peter Johnston


May 1813

At a Superior Court of law held for the county of Grayson on Monday the 17th day of May 1813.

Present: Peter Johnston, Esqr., Judge.

The following persons were returned as grand jury to wit: Joshua Stoneman, William Hail, John Fielder, John Welsh, William McKnight, Lewis Hail, Richard Hail, John Woods, Jacob Sprecker, Stephn Bourn, Jr., Daniel Keith, Stephen Hail, Mahlon Collins, Nimrod Moore, Joshua Hanks, Elisha Bedwell, Dudley Hail, Stephen Stone, Dennis Fielder, Jonathan Thomas, Francis Hail and William Bonham, who being sworn received a charge from the court and retired to consider their presentments and after some time returned into court and made presentments in the following words, to wit: "We the grand jury impanneled for the county of Grayson do present David Cornutt for a breach of the peace by beating and abusing a certain Jesse Vaughn, both labourers of Grayson County at the house of Stephen Hail, on the third day of April last by information of Richmond Hail and Stephen Hail two of our own body.

Also do present Capt. John Hash of this county for a breach of the peace by beating and abusing of a certain John Woods of this county, farmer on the third day of April last by information of William Bonham one of our own body and Nathaniel Farmer sent for by the grand jury.

A bill of indictment against Andrew Hash for an assault.

A bill of indictment against John Farmer for an assault.

And a bill of indictment against John K. Cunningham for an assault indorsed true bills, and having nothing further to present were discharged.

The Commonwealth, plantiff
v
Barnabas Wells, defendant,
Upon a rule to show cause why an information should not be filed against the defendant on a presentment fo the Grand Jury for a breach of the peace. This day came to prosecutor for the Commonwealth and the defendant appeared in court and being fully heard, it is ordered that the rule be made absolute in that an infomation be filed against the defendant in the presentment aforesaid.

The Commonwealth, plantiff
v
Robert Smith, defendant
Upon a rule to show cause why an information should not be filed against the defendant on a presentment fo the Grand Jury for a breach of the peace. This day came to prosecutor for the Commonwealth and the defendant appeared in court and being fully heard, it is ordered that the rule be made absolute in that an infomation be filed against the defendant in the presentment aforesaid.

The Commonwealth, plantiff
v
William Lyon, defendant
Upon a rule to show cause why an information should not be filed against the defendant on a presentment fo the Grand Jury for a breach of the peace. This day came to prosecutor for the Commonwealth and the defendant appeared in court and being fully heard, it is ordered that the rule be made absolute in that an infomation be filed against the defendant in the presentment aforesaid.

William Smith who stands bound by a recognizance entered into before William Bobbett a justice of the peace for Grayson county with John Thomas and Jonathan Bentley his securities; to appear here this day to answer the commonwealth of a certain felony of which he is accused, was solemnly called but came not where upon it is ordered that a writ of sonifacias be issued agains the said William Smith and his securities [illegible] here at next term.

Ordered that David Cornett and John Hash be summoned to appear here at the next court to show cause, if any he can, why information shall not be filed against him upon presentment of the Grand Jury this day made against him.

Ordered that process issued agains the persons indicted by the Grand Jury to appear at next term to answer the same.

Ordered that court be adjourned untill tomorrow morning 6 o'clock.

Peter Johnston

Tuesday the 18th Court sat according to adjournment.

Present same judge as yesterday.

On motion of the prosecutor for the commonwealth after hearing sundry witnesses and for reasons appearing to the court, it is ordered that William Bobbitt a magistrate for the county of Grayson be summoned to next court to show cause if any he can why information should not be filed against him for malfeasance in office as a justice of the peace for Grayson County on the trial of William Smith charged with felony before a Court for the examination of the said William Smith for passing a counterfeit eagle, of which court the said William Bobbitt was a member in being intoxicated and actiing corruptly and partially in his official duty on the 24th day of March 1813 also for this taht he on the same day and year aforesaid at Grayson Courthouse acting as a justice of the peace did act partially and corruptly being intoxicated and did direct that the said William Smith to be discharged our of the custody of the jailor without any recognizance of bail with sufficient security of the prisoner and contrary to the order of the court of examination.

On motion of the prosecutor for the Commonwealth and for reasons appearing to the court, it is ordered that Francis Hail be summoned to appear here at next term to show cause if any he can why information should not be filed against him for an assault committed on Martin Dickenson on the 21st day of November last, past.

John Lockright, plantiff
v
Timothy Badtille, defendant
In ejectment, for one [illegible] tenement so with the appertenances in the county of Grayson of the [illegible] of James Livesay. Nimrod Newman on his motion is admitted defendant in this suit on the rom of the said Timothy Badtille and thereupon by John Kelly his attorney comes and defnded the force and injury when &c pleads the general issue confesses the lease entry and [illegible] in the declaration supposed and agrees to insist on the title only at trial.

An account was exhibited in court by Robert Nuckolls, Jailor, amounting to the sum of nineteen dollars eighteen cents which was proven by the oath of the said Robert Nuckolls. Examined and allowed by the court and ordered to be certified to the auditor of public accounts.

Matthew Dickey, sheriff of this county is allowed the sum of ten dollars for public services since last term.

Martin Dickenson, Clerk of the Court is allowed the sum of fifteen dollars for public services since last term.

Robert Nuckolls jailor is allowed the sum of fifteen dollars for public services since last term.

John Kelly, Esq., prosecutor for the Commonwealth, ten dollars for two days services at this term, which allowances are ordered to be certified to the auditor of public accounts.

Peter Johnston


At a superior Court of Law begun and held for the county of Grayson on Monday the 18th day of October 1813.

Present: Peter Randolph, Esqr., Judge

The following persons were returned as grand jurors, to wit: John Robinson, foreman, Isaac Fortner, Jacob Noblett, John Snider, Esau Worrell, Peter Cooley, Charles Bolt, Samuel Amburn, Presley Jennings, John Isom, Sen., David Noblett, Elisha Bedwell, William Vaughan, Alexander Sutherland, Minitree Jones, William Hail, Joseph Fields, William McKnight, William Carrico, George Cornelias and George Currin who being sworn retired to consdier their presentments and after some time returned into court and made presentments in the following words, to wit: "We the Grand Jury impanneled for the county of Grayson before the superior court at October term 1813 do present John Farmer husbandman of Grayson County for a breach of the peace by striking and abusing Absolom Burnett of said county at the dwelling house of said Absolom Burnett who came voluntarily before us and having nothing further to present were discharged.

Benjamin F. Cooley who was summoned to attend this term as Grand Juror was solemnly called but came not. Therefore it is considered by the court that for his said contempt they severally make their fine with his Excellency James Barbour, Esq., Governor of the Commonwealth of Virginia and his successors by the payment of eight dollars each to the use of the said commonwealth unless they shew sufficient cause of their inability to attend at this or the next court.

The Commonwealth, plantiff,
v
David Cornutt, defendant
Upon a rule to show cause why an information should not be filed against the defendant on a presentment fo the Grand Jury for a breach of the peace. This day came to prosecutor for the Commonwealth and the defendant appeared in court and being fully heard, it is ordered that the rule be made absolute in that an infomation be filed against the defendant in the presentment aforesaid.

The Commonwealth, plantiff
v
John Hash, defendant
Upon a rule to show cause why an information should not be filed against the defendant on a presentment fo the Grand Jury for a breach of the peace. This day came to prosecutor for the Commonwealth and the defendant appeared in court and being fully heard, it is ordered that the rule be made absolute in that an infomation be filed against the defendant in the presentment aforesaid.

The Commonwealth, plantiff
v
Francis Hail, defendant
Upon a rule against the defendant to shew cause why an information should not be filed against him for an assault. The defendant appeared in court and by consent of the prosecutor for the commonwealth and the defendant the rule is discharged at the Defts cost.

The Commonwealth, plantiff
v
Andrew Hash, defendant
Indictment for breachof the peace

The Commonwealth, plantiff
v
John Warrick, defendant
Indictment for breachof the peace

The Commonwealth, plantiff
v
Barney Wells, defendant
Indictment for breachof the peace

For reasons appearing to the court these cases are continued till next term.

The Commonwealth, plantiff
v
Robert Smith, defendant
Information for a breach of the peace. The defendant appeared in court and plead not guilty and put himself upon the county and the prosecutor for the Commonwealth likewise and thereupon came a jury towit, William West, William Reeves, William Bonham, Stephen Stone, William Williams, John Hash, Tilden Ayers [?], Francis Hail, George Jones, John Baker, Churchwell Jones, and Moses Thomas, who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is guilty in manner and form as in the information against him as alledged and they do assess his fine by occasion thereof to one cent, whereupon it is considered by the court that the defendant forfeit and pay the commonwealth the fine aforesaid by the jurors aforesaid assessed and the costs about the prosecution in this behalf expended and may be taken &c.

The Commonwealth, plantiff
v
William Lyon, defendant
Information for breach of the peace. The defendant appeared in court and pleaded not guilty and put himself upon the county and the prosecutor for the Commonwealth likewise and thereupon came a jury towit, Morris Davis, Joseph Murphy, Thomas Wilkinson, Isaac Garrison, Enoch Cox, Isaac Willets, Stephen South, John Collins, Zachariah Osborne, Samuel Lundy, John Trimble and James Farmer, who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is not guilty as in pleading he hath alleged. It is therefore considered by the court that he be thereof acquitted.

The Commonwealth, plantiff
v
John Farmer, defendant
Information for a breach of the peace. This day came the prosecutor for the Commonwealth and thereupon came a jury towit: Morris Davis, Joseph Murphy, Thomas Wilkinson, Isaac Garrison, Enoch Cox, Isaac Willets, Stephen South, John Collins, Zachariah Osborne, Samuel Lundy, John Trimble and James Farmer, who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is guilty in manner and form as in the information against him as alledged and they do assess his fine by occasion thereof to eighty- seven and a half cents, whereupon it is considered by the court that the defendant forfeit and pay the commonwealth the fine aforesaid by the jurors aforesaid assessed and the costs about the prosecution in this behalf expended and may be taken &c.

The Commonwealth, plantiff
v
Daniel Austin & William McKnight, defendants
Upon a bond taken for the forthcoming of property on the day of sale upon an execution issued from this court against the defendant Daniel Austin. This day came the attorney for the Commonwealth and it appearing to the Court upon the oath of Abraham Noblett that the defendants had legal notice of this motion, it is considered by the court that the plantiff recover of the defendant twenty dollars eighty-eight cents the penaly of said bond and the costs in this behalf expended. But this judgment is to be discharged with the payment of ten dollars forty-six cents with interest thereon to be computed after the rate of six percentum per annum for the 25th day of August 1813 till paid and cost.

The Commonwealth, plantiff
v
George Smith & James Anderson, defendants
Upon a bond taken for the forthcoming of property on the day of sale upon an execution issued from this court against the defendant George Smith. This day came the attorney for the Commonwealth and it appearing to the Court upon the oath of Abraham Noblett that the defendants had legal notice of this motion, it is considered by the court that the plantiff recover of the defendant George Smith twenty one dollars ninety-six cents the penaly of said bond and the costs in this behalf expended. But this judgment is to be discharged with the payment of ten dollars thirty-five cents with interest thereon to be computed after the rate of six percentum per annum for the 22nd day of June 1813 till paid and cost.

On motion of the prosecutor for the Commonwealth after hearing sundry witnesses and for reasons appearing to the court, it is ordered that William Bobbett a magistrate for the county of Grayson be summoned to next court to shew cause if any he can why an information should not be filed against him for malfeasance in office as a justice of the peace for Grayson County on the trial of William Smith charged with felony before a court for the examination of the said William Smith for passing a counterfeit eagle of which court the said William Bobbett was a member in being intoxicated and acting corruptly and and partially in his official duty on the 24th day of March 1813 also for this taht he on the same day and year aforesaid at Grayson Courthouse acting as a justice of the peace did act partially and corruptly being intoxicated and did direct that the said William Smith to be discharged our of the custody of the jailor without any recognizance of bail with sufficient security of the prisoner and contrary to the order of the court of examination.

William McKnight, plantiff
v
John Collins, defendant
Trespass. By consent of the parties by their attorneis a commission is awarded the defendant directed to any three justices of the peace in state of North Carolina inpowering them or any two of them to examine and take the depositions of his witness residing in the State of North Carlina giving the plantiff legal notice of the time and place of executing the same.

The Commonwealth, plantiff
v
John K. Cunningham, defendant
Indictment for breach of the peace. On motion of the defendant by his counsel and for reasons appearing to the court, it is ordered that this cause be continued till next term at his costs.

Ordered that John Farmer be summoned to appear at next term to show cause if any he can why an information should not be filed against him on the presentment of the Grand Jury for a breach of the peace made at this term.

Ordered that court be adjourned till tomorrow morning 9 o'clock

Peter Randolph

This day the 19th, Court sat according to adjournment.

Present same Judge as Yesterday

Matthew Dickey, sheriff of this county is allowed the sum of ten dollars for public services since last term.

Martin Dickenson, Clerk of the Court is allowed the sum of fifteen dollars for public services since last term.

Robert Nuckolls jailor is allowed the sum of fifteen dollars for public services since last term.

John Kelly, Esq., prosecutor for the Commonwealth, ten dollars for two days services at this term, which allowances are ordered to be certified to the auditor of public accounts.

Benjamin F. Cooley who was fined yesterday for failing to attend as a grand juror appeared in court and having shown sufficient cause why he did not attend he is therefore excused.

An exchange between Peter Johnston and Peter Randolph esquires of their judicial circuits to which they have been allotted has been approved by the court and in the following words: "Virginia towit: We whose names are subscribed being judges of the General Court do hereby agree to exchange circuits for the ensuing fall term of the fifth and thirteenth circuits of the Superior Courts of Law of this Commonwealth and we do contract that the judicial duties of the thirteenth circuit shall be performed in the months of September and Octobert next by the Judge now allotted by law to the fifth circuit and that the judicial duties of the fifth circuit shall be performed by the judge now allotted by law to the thireenth circuit; should the consent and approbation of the general court be give to such an exchange: Witness our hands and seals in the tenth day of June in the year Eighteen hundred and thirteen.

Peter Johnston, seal
Peter Randoloph, seal

Virginia towit: At a general court held at the capitol in Richmond the 10th day of June 1813. This exchange was approved by the court and entered of record.

Test, Peyton Drew, Clerk
John Lockright in the demise of James Lundy, plt.
v
Nimrod Newmand, Deft., in ejectment
On motion of the plantiff, it is ordered that the surveyor of this county do go upon the land in controversey on the [illegible] of next, if fair, if not the next fair day, and survey and lay out the same as either party shall require and return three fair plats and reports thereof to Court, and that any one of the Justices of the said county as then and there meet them and examine and take the depositions of such witnesses as shall be produced by any of the parties, which are to be returned with the said plats and reports and the sheriff of the said county is to attend the said survey and remove [illegible] of any shall be offered.

On motion Charles Anthony by his attorney a writ of superendas is awarded him to a judgment of Grayson County recovered against him by Archibald Mosman on the 26th day of May last, the said Charles Anthony entering into bond with sufficient security during the present term in the penaly of one hundred and fifty dollars conditioned as the law directs and on motion of the said Charles Anthony. It is ordered that a writ of [illegible] be awarded to be directed to the justices of the court of the said county to certify to the record more fully to the court returnable here at next term.

On motion of the prosecutor for the Commonwealth upon the affadavit of Thurza Noblett and for reasons appearing to the court, it is ordered that William Jones, Jr. be summoned to appear at next term to show cause if any he can why an information shall not be filed against him for an assault committeed on the said Thurza Noblett on the 16th day of this instant.

An account was exhibted in court by Robert Nuckolls, jailor of this county amounting to nineteen dollars twenty cents which was examined by the court, proved by the oath of the said Robert Nuckolls and ordered to be certified to the auditor of public accounts.

William Reeves, Plantiff
v
John K. Cunningham, Defendant
Tresspass, assasult & battery. On motion of the defendant and it appearing to the court that the plantiff is not an inhabitant of this commonwealth, it is ordered that this suit be dismissed at the next court unless security for payment of such costs and damages as may be awarded the said defendant and also of the fees which will become due in this sent to the officers of this court, begiven with the clerk written sixty days from this time.

Robert Warden of this county comes into court and undertakes for the plantiff that in case the plantiff shall be case in this suit he shall pay and satisfy such damages costs and charges as shall be awarded against him or that the said Robert Warden will do it for him.

Ordered that court be adjounred till the first day of next term.

Peter Randolph


May Term 1814

At a Superior Court begun and held for Grayson County on Monday the 16th day of May 1814.

Present, Peter Johnston, Esqr. Judge

The following persons were returned as Grand Jurors to wit: Minitree Jones, foreman, Henry L. Sheffey, Charles Nuckolls, David Noblett, John Clemmons, Stephen Chappel, Jacob Hays, John Robinson, George Curren, John Isom, Sen, Isaac Garrison, Jeremiah Coulson, Henry Williams, John A. Griggs, Ebenezer Lundy, Samuel Parker, William McKnight, Robert Smith, Benjamin Cooley, Arthur Parker, George Moore, John Patton and John Anders, who being sworn received a charge from the court and retired to consider of their presentments and after some time returned into court and made presentments in the following words, to wit: "We the grand jury at the superior court for the county of Grayson do present Stephen South and John Brown famous of this county for fighting together on the 9th of April last past by information of George Moore and Robert Smith of our own body. Also Preston Robinson and Robert Night famous of this county for fighting together on the 27th day of April last past by information of George Moore and John Clemmons of our own body. Also present Jacob Clonch farmer of this county and William Vaughn, Jr., farmer of this county for fighting together at this place on the 27th day of April last past by information of George Moore and Stephen Chappell both of our own body.

An indictment against Isaac Collins for grand larceny.

And an indictment against Isaac Collins for petit larcency indorsed true bills and having nothing further to present were discharged.

The Commonwealth, plantiff
v
William Bobbett, defedant
Upon a Rule against the defendant to shew cause [why] an information should not be filed against him for malfeasance in office as a justice of the peace for Grayson County, this day came the defendant by his attorney who being fully heard. It is considered by the court that the defendant hath not shown sufficient cause, the rule is therefore made absolute.

Isaac Collins late of Grayson County, labourer who stands indicted for grand larceny was this day put to the barr in custody of the jailor of this county and thereof araigned pleaded not guilty to the indictment and for his trial put himself upon God and his country whereupon came a jury towit: William Stone, Stephen Stone, John McClain, William Bobbett, Jr., Stephen Bourn, Jr., Thomas Houghey, Timothy Dalton, Joshua Stoneman, Presley Jennings, Charles Roward, Arthur Fulton and Churchwell Jones who being elected tried and swore the truth to speak upon the issue aforesaid joined and having heard the evidence upon their oaths do say the said Isaac Collins is guilty in manner and form as the indicment against him is alledged and they do ascertain the time of his confinement in the jail and penetentiary house to one year and one day and they do futher find that the sum of twelve dollars stolen by the said Isaac Collins from Joseph Trigg not forthcoming and ready to be restored to the said Joseph Trigg and thereupon the said Isaac Collins is remanded to jail.

Ordered that Stephen South, John Brown, Preston Robinson, Robert Night, Jacob Clonch and William Vaughn, Jr., be summoned to appear at next term and shew casue if any they can why informations shall not be filed against them on the presentments of the grand jury made at this term.

Daniel McPherson who was summoned to attend this court this day as a grand juror was solemnly called but came not, therefore it is considered by the court that he be summoned here to the first day of next term to show cause if any he can, why a fine of eight dollars shall not be imposed on him for the contempt aforesaid.

Ordered that court be adjourned until tomorrow morning 10 o'clock.

Peter Johnston

Tuesday the 17th Court sat according to adjournment.

Present same Judge as yesterday.

The attorney prosecuting for the commonwealth by consent of the court said that he will not prosecute further on behalf of the commonwealth against Isaac Collins who stands accused of pettit larceny. Therefor it is ordered he be discharged as to this prosecution.

The Commonwealth, plantiff,
v
John Warrick, defendant
Upon an information for a breach of the peace. Pursuant to a rule of this court made absolute at May term and by express leave of the court, the attorney for the commonwealth filed an information against the defendant and thereupon came a jury towit: William Allen, John Mash, Thomas Oglesby, Jesse McKinney, John A. Grigg, Samuel Kelly, Benjamin Cooley, Nathaniel Farmer, William Welsh, William McNight, John Austin and Bartholomew Austin who being sworn to assess the fine and having heard the evidence upon their oaths do say they do assess the fine to three dollars, whereupon it is considered by the court that the defendant forfeit the Commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended & may be taken.

The Commonwealth, plantiff,
v
Barney Wills, defendant
Upon an information for a breach of the peace. Pursuant to a Rule of this Court made absolute at May term last and by express of the court, the attorney for the commonwealth filed an information against the defendant and thereupon came a jury towit, this same jury as in the preceeding case, who being sworn to assess the fine and having heard the evidence upon their oaths do say they assess the fine to three dollars, whereupon it is considered by the court that the defendant forfeit and pay the commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended & may be taken &c.

The Commonwealth, plantiff
v
David Cornett, defendant
Upon an information for a breach of the peace. Pursuant to a Rule of this Court made absolute at May term last and by express of the court, the attorney for the commonwealth filed an information against the defendant and thereupon came a jury towit, Jesse Reeves, Joseph C. Trigg, Bennett Rector, Robert Smith, John McClain, John K. Cunningham, William Reeves, Thomas Wilkinson, William Carrico, Timothy Dalton, George Curren and Minitree Jones, who being sworn to assess the fine and having heard the evidence upon their oaths do say they assess the fine to five dollars, whereupon it is considered by the court that the defendant forfeit and pay the commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended & may be taken &c.

The Commonwealth, plantiff
v
John Hash, defendant
Upon an information for a breach of the peace. Pursuant to a Rule of this Court made absolute at May term last and by express of the court, the attorney for the commonwealth filed an information against the defendant and thereupon came a jury towit, Jesse Reeves, Joseph C. Trigg, Bennett Rector, Robert Smith, John McClain, John K. Cunningham, William Reeves, Thomas Wilkinson, William Carrico, Timothy Dalton, George Curren and Minitree Jones, who being sworn to assess the fine and having heard the evidence upon their oaths do say they assess the fine to four dollars, whereupon it is considered by the court that the defendant forfeit and pay the commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended & may be taken &c.

The Commonwealth, plantiff
v
Andrew Hash, defendant
Indictment for a breach of the peace. The defendant appeared and plead not guilty and put himself upon the county and the attorney for the commonwealth likewise and there upon came a jury, to wit: Jesse Reeves, Joseph C. Trigg, Bennett Rector, Robert Smith, John McClain, John K. Cunningham, William Reeves, Thomas Wilkinson, William Carrico, Timothy Dalton, George Curren and Minitree Jones, who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is guilty in manner and form as in the indictment against him is alleged and they assess the fine by occasion thereof to three dollars six and half cents, whereupon the defendant by attorney filed [illegible] of judgment, the argument of which is deferred untill next term.

The Commonwealth, plantiff
v
John Farmer, defendant
Upon a rule against the defendant to shew cause why an information should not be filed against him for a breach of the peace, the defendant failing to appear, and show cause the rule is made absolute.

The Commonwealth, plantiff
v
William Jones, defendant
Upon a rule against the defendant to shew cause why an information should not be filed against him for a breach of the peace, the defendant failing to appear, and show cause the rule is made absolute.

The Commonwealth v. John K. Cunningham, indictment on motion of the defendant by his attorney and for reasons appearing to the court, this cause is continued till next term at his costs.

John Lukright on the demise of James Lundy, plantiff
v
Nimrod Newman, defendant
On motion of the plantiff it is ordered that the surveyor of this county do go upon the land in controversey on any day of which the parites have ten days previous notice and survey and lay at the same time as either party shall require and return three fair plats and reports thereof to Court, and that any one of the Justices of the said county as then and there meet them and examine and take the depositions of such witnesses as shall be produced by any of the parties, which are to be returned with the said plats and reports and the sheriff of the said county is to attend the said survey and remove fence of any shall be offered.

Patrick Bogan, plantiff
v
Davis Carson, defendant
William Hail, Richard Hail, Minitree Jones and Dudley Hail came into court and undertakes for the plantiff that in case the said plantiff shall be cast in this suit he shall pay and satisfy also such costs and charges as shall be awarded [illegible] him. In that they the said William Hail, Richard Hail, Minitree Jones and Dudley Hail will do it for him.

William McKnight v. John Collins, continuted till next term.

William Reeves, plantiff
v
John K. Cunningham, defendant
On motion of the defendant by his attorney and for reasons appearing to the court it is orderd that this case be continuted till next term at his costs.

Isaac Collins late of Grayson County labourer who stands convicted of grand larceny was again led to the barr in custody of the jailor of this county and thereupon it being [illegible] of him if anything he has for himself or know to say why the court should not pronounce judgment against him according to law and nothing being offered or alleged in delay of judgment. It is considered by the court that the said Isaac Collins be imprisoned in the public jail and penetentiary house of this commonwealth for the sum of one year and one day the period by the jurors in their verdict aforesaid and it is ordered that the sheriff of Grayson County do as soon as possible after the adjournment of this court remove and safely convey the said Isaac Collins from the jail of this county to the said publick jail and penetentiary house therein to be kept and imprisonerd and treated in the manner directed by law and the court doth certify that the trial of the said Isaac Collins nother appeared in mitigation of his offence.

An account was exhibtied in Court by Robert Nuckolls jail of Grayson County amounting to one hundred and fifty-one dollars eighty-four cents which was proven by the oath of the said Robert Nuckolls allowed and ordered to be certified to the auditor of public accounts.

The following allowances were made and ordered to be certified to the auditor of public accounts, viz: William Bobbett, sheriff for public services ten dollars; Martin Dickenson, Clerk of the Court for public services fifteen dollars; Robert Nuckolls jailor for public service, fifteen dollars and John Kelly, prosecutor for the Commonwealth, ten dollars for two days service.

Ordered that court be adjourned till the first day of next term.

Peter Johnston

At a Superior Court begun and held for the county of Grayson on Monday the 15th day of May 1815.

Present Peter Johnston, Esqr. Judge.

The following persons being returned as grand jurors to wit: Henry L. Sheffy, foreman, Richard Hail, Francis Hail, Stephen Hail, Robert Crofford, Anthnoy Wheeler, Mahlon Collins, John Frost, Davis Coulson, Joseph Fields, David Noblett, Jacob Hays, Isaac Garrison, Thomas Patton, John Patton, William McKnight, James Atkins, Arthur Parker, Isaac Willets, William Carrico, Samuel Parker, John Austin and Hardy Jones, who being sworn received a charge from the court and retired to consider their presentments and after some time returned into court and presented an indictment against Munford Smith for murder. An indictment against Levi Johnston for an assault indorsed true bills, and made presentments in the following words, to wit: "We the Grand Jury of the Superior Court for the County of Grayson do present Daniel Austin distiller and John Collins farmer for breaking the peace by fighting at Greensville on the 25th of April last, information John Austin and Thomas Patton both of our body.

We further present Samuel Cox and Thomas Wilkinson famous for breaking the peace by fighting together at Greensville on the 25th day of April last on the information of John Austin and Mahlon Collins both of our body. We further present Eliphalet Johnston farmer for an assault and battery on the body of Mary Allen with this county on the 29th March last on the oath of the said Mary Allen who was sworn in court and sent to us and having nothing further to present was discharged.

Ordered that process issue on the indictment found by the grand jury and that Daniel Austin, John Collins, Samuel Cox, Thomas Wilkinson and Eliphatat Johnston be summoned to appear here at next term to shew cause why information shall not be filed against them in the presentments made against them by the Grand Jury.

Daniel McPherson who was summoned to attend last term to shew cause why a fine of $8 should not be inflicted on him for failing to attend May term last as a grand juror, having shown sufficient cause of his inability to attend he is therefore excused and the rule discharged.

The Commonwealth, v. Stephen South
The Commonwealth, v. Preston Robinson
The Commonweatlh, v. Robert Night
The Commonwealth v. Jacob Clonch, upon rules against the defedands to shew cause why information should not be filed against themfor breaches of the peace, having failed to appear and shew cause the rules are made absolute and it is ordered that informations be filed against them.

The Commonwealth v. John Brewer, Rule, dismissed, the defendant being dead.

The Commonweath v. William Vaughn upon a rule, the sheriff having returned the summons not executed, it is ordered that new summons issue [illegible] to next term.

Munford Smith late of the county of Patrick who stands indicted of murder was led to the barr in custody of the sheriff and thereof arrainged and pleaded not guilty to the indictment and for his trial put himself upon God and his country, whereupon came a jury towit: Alexander Sutherland, Peter Cooley, Churchwell Jones, Stephen Bourn, Jr., Lewis Hail, Jabez Johnston, Stephen Bourn, Sen., Timothy Dalton, Presley Jennings, John Collins, John Fielder, and James Bryson who being elected tired and swore the truth of and upon he promises to speak and having having heard the evidence upon their oaths do say that the said Munford Smith is guilty of murder in the second degree only and they do ascertain the term of his imprisonment in the public jail and penitentiary house to be ten years and thereupon he is remanded to jail.

Ordered that Court be adjourned until tomorrow morning 10 o'clock.

Peter Johnston

Tuesday the 16th Court sat according to adjourment.

Present, same judge as yesterday.

The Commonwealth, plantiff,
v
John K. Cunningham, defendant
Upon an information for an assault. By consent of the parites this cause is dismised at the defendants costs.

The Commonwealth, plantiff
v
William Bobbitt, defendant
Pursuant to a rule of this court made absolute at May term last. The attorney prosecuting for the Commonwealth filed an information agains the defendant to whcih the defendant pleaded not guilty and put himself upon the county and the attorney for the commonwealth likewise and thereupon came a jury towit: John Collins, Edmond Payne, Jacob Noblett, Abraham Penn, Nathaniel Smith, Samuel Fulton, Samuel Smith, Lewis Hail, Allen McCraver (?), Menoach Stone, Joshua Stoneman and Charles Anthony who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say they find the defendant guilty of drunkeness and acting corruptly in that situtation and assess his fine to be twenty-two dollars and because the court is not fully advised of the judgment motion to be given time to taken to consider thereof untill next term.

John Kelly, Esqr., resigned his office as prosecutor for the Commonwealth in this Court.

The Commonwealth v. Munford Smith, indictment for murder.

The prisoner by his counsel moved the court to postpone the trial untill after next term which motion was overruled, by the court to which [illegible] the previous counsel excepted and prayed that the same may sealed and made part of the record which is done accordingly.

The Commonwealth v Elijah Farmer, Indictment
The Commonwealth v. John Farmer, Information, dismissed
The Commonweatlh v. William Jones, Information, continued
The Commonwealth v. Andrew Hash, continued
John Leckright v. Nimrod Newman, Ejectment, continued
William McKngith v. John Collins case. On motion of the defendant by his attorney by consent of the pltf attorney, a commission is awarded him to examine and take the deposition fo his witness residing in the state of South Carolina & Georgia to be directed and executed by any two persons styling themselves justices of the peace in the said states, and the cause is continued at his costs.

Charles Anthony v. Archibald Mosman, Supersedas, continued

George Ailsworth v. Charles Lewis, dismissed

John Segrave v. Ezekiel Forst in [illegible] continued

Nathaniel Farmer v. Andrew Hash, dismissed agreed.

The following allowances was made and ordered to be certified to the Auditor of Public Accounts, viz:
William Bobbett, Sheriff, for public services one year twenty dollars
Robert Nuckolls, Jailor, for public services one year thirty dollars
Martin Dickenson, Clerk, for public service, one year thirty dollars
John Kelly, prosecutor for the commonwealth, for two days service, ten dollars.

An account was exhibtied in Court by Robert Nuckolls, jailor , amounting to sixty-seven dollars which was examined and proven by the oath of the said Robert Nuckolls and odered to be certified to the auditor of public accounts.

Munford Smith late of the County of Patrick who stands convicted of murder in the second degreee only was again led to the barr in custody of the sheriff and thereupon it being demanded of him if anything for himself he had a know to say why the court here should not now proceed to pronounce judgment against him according to law and nothing being offered or alleged in delay of judgment it is considered by the court that the said Munford Smith be imprisonerd in the public jail and penetentiary house of this commonwealth for the term of ten years the period by the jurors in their verdict ascertained and it is ordered that the sheriff of Grayson County do as soon as possible after the fifteenth day of July next remove and safely convey the said Munford Smith from the jail of this county to the said public jail and penetentiary house thein to be kept imprisoned and treated in the manner directed by law. [Line illegible]

The Commonwealth, pltf
v
Munford Smith, Def.
Indictment for murder. After a verdict was rendered in this case the prisoner by his counsel moved the court to set aside the verdict and grant a new trial, which motion was over ruled by the court, to which [illegible] the prisoner by his counsel excepted and prayed that the same may be sealed and made part of the record, which is done accordingly.

The Commonwealth, pltf.
v
William Bobbett, Deft.
Information for malfeasance in office as justice of the peace for Grayson County. Memorandum: The defendant by his counsel filed his plea in accot. Of judgment on the following words, to wit: "And the defendant by his counsel prays that judgement may be arested because the offense of drunkeness independent of official misconduct is not charged in the information and because it is not staed in what the corruption consisted wherefore &c.

Ordered that Court be adjourned until the first day of next term.

Peter Johnston.


May Term 1816

At a Superior Court begun and held for Grayson County on Monday the 13th day of May 1816.

Present: Peter Johnston, esqr., Judge

The following persons were returned as Grand Jurors, to wit: Daniel Noblett, foreman, Randolph Collins, Benjamin F. Cooley, William Edwards, John Austin, Jacob Hays, John Isom, Senr., Bennet Rector, John Mash, Chesley Ward, Daniel Davis, William Ward, John Isom, Jr., James Ogle, John Landreth, John South, George Ring, Arthur Parker, William Kenney, Jacob Boyer, Abraham Wright, Isaiah Austin, and Byrum Ballard, who being sworn received a charge from the court and retired to consider their presentments and after some time returned into court with an indictment against Elizabeth Brown for pettit larceny indorsed a true bill and retired again.

Susanna Haulsclaw who stands bound in recognizance entered into before the court of Grayson County in the penalty of $200 to appear here this day to give evidence on behalf of the Commonwealth against Stephen Brown was solemnly called but came not.

Ordered that Alexander Smyth, Esq., be appointed prosecutor for the Commonwealth in this court.

Alexander Smyth and Granville Henderson, gent., who had been licensed to practice law in the courts of this commonwealth, on their motion have leave to practice in this court and thereupon they took the oath of fidelity to the commonwealth, the oath of an attorney and the oath to support the constitution of the United States.

The Commonwealth v. Stephen Brown--The prosecutor for the Commonwealth with leave of the court enteres a noli prosequi.

Elizabeth Brown late of the County of Grayson spinster who stands indicted for pettit larceny appeared in discharge of her recognizance and thereof arrainged pleaded not guilty to the indictment and for her trial put herself upon God and her country, and thereupon came a jury towit: Elisha Bedsal, James Wright, Thomas Patton, Isaac Noblett, Richard Cox, William Bedwell, James Walker, John Murphy, John Vaughn, Simms Carrico, William Thomas and Mark Johnston, who being elected tried and swore the truth to speak upon the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is not guilty as in pleading, she hath alledged, whereupon proclamation being made and nothing further appearing against the said Elizabeth Brown she is discharged.

The Commonwealth, pltf
v
Stephen South, deft
Pursuant to a rule of this court made absolute May term last the prosecutor for the Commonwealth filed an informtion against the defendant which the defendant pleaded not guilty and for his trial put himself upon the county and the prosecutor for the commonwealth likewise, and thereupon came a jury towit, Joshua Stoneman, John Lundy, John Murray, Samuel Smith, William Fulton, John Frost, David Fulton, Jesse Rector, William Stone, Preston Hail, John Trimble, and John K. Cunningham who being sworn to try the issue aforesaid and having heard the evidence upon their oaths do say the defendant is guilty in manner and form as against him in the information is alledged and they do assess his fine by occasion thereof to seven dollars besides his cost. Whereupon it is considered by the Court that the defendant forfeit and pay the commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended and may be taken &C. And defendant being in court it is ordered that he be in custody of the sheriff until he enteres into a recognizance himself in the sum of three hundred dollars with two sufficient securities in the sum of one hundred and fifty dollars each with condition that he keep the peace towards all the Commonwealth's citizens during the term of one year.

Stephen South, Chesley Ward and William McKnight came into court and severally acknowledged themselves indebted to his excellency Wilson C. Nicholas, esq., goveror or chief magistrate of the Commonwealth for the time being and his successors, the said Stephen South in the sum of three hundred dollars and the said Chesley Ward and William McKnight in the sum of one hunred and fifty dollars each of their respective lands and tenaments, goods and chattels to be void and the [illegible line] rendered, yet upon the condition that the said Stephen South keep the peace towards all the Commonwealth's citizens during the term of one year then the recognizance to be void.

Hariet and Catherine Sutphin who was bound in recognizance for their appearance at this term to answer a charge of murder appeared in discharge of the same. Whereupon the said Hariett Stuphin, Catharine Sutphin and William Sutphin here in court severally acknowledged themselves indebted to his excellency William C. Nicholas, Esq., governor of the Commonwealth in the sum of two hundred dollars each of their respective lands and tenaments goods and chattels to be levied and to the said governor and his successors for the use of Commonwealth rendered. Yet upon this condition that the said Catherine and Hariet Sutphin shall personally appear before the Judge of the Superior Court on the first day of next term to answer the Commonwealth of and concerning the murder aforesaid and shall not [illegible] thence without leave of the court, then the recognizance to be void.

Selia McPeak who stands bound in recogniznace entered into before the court of Grayson County on the penalty of four hundred dollars to appear here this day to give evidence on behalf of the commonwealth against Hariet & Catherine Sutphin was solemnly called but came not, where upon it is ordered that she be summoned to shew cause if any she can a writ of surafacias should not be issued against her said recognizance.

The Commonwealth v. William Bobbett, errors confirmed by consent.

The Commonwealth v William Jones, information. The defendant pleaded not guilty and put himself upon the county and the prosecutor for the Commonwealth likewise and by consent this cause is continued till next term.

The Commonwealth v. Levi Johnston, indictment for an assault. The defendant being summoned and failing to appear on motion of the prosecutor for the Commonwealth, a capias is awarded against him returnable to next term.

Ordered that the Grand Jury be adjourned till tomorrow morning 10 o'clock.

The Commonwealth v. John Collins
The Commonwealth v Daniel Austin
Upon rules against the defendants to shew cause why information should not be filed against them as the presentment of the grand jury. The defendants failing to appear and show cause the rules are made absolute and it is ordered that information be filed against them in the presement aforesaid.

The Commonwealth v. Thomas Wilkinson
The Commonwealth v. Samuel Cox
On rules, dismissed.

John Leckright, Jessee, plft
v
Nimrod Newman, defendant in ejectment

On motion of the plantiff by his attorney, it is ordered that the surveyor of this county do go upon the land in controversey on the [illegible] August next if fair if not the next fair day and survey and lay out the same as either party may require and return three fair plats and reports thereof to the Court and that any one of the justices of this conty do then and there meet him and examine and take the depositions of such witnesses as shall be produced by either of the parties, which are to be returned with the said plats and reports and the sheriff of said county is to attend the said survey and remove fence if any should be offered, and this cause continued until next term.

William McKnight, pltf
v
John Collins, deft
The defendant pleaded not guilty and therefore came a jury to wit: John Coulson, John Cornutt, William Bedwell, Elisha Bedsal, William Baker, James Sage, John W. Brewer, William Bird, James Woods, James Bedwell, Jacob Boyer, and George Moon who being sworn to try the issue joined, by consent a juror was withdrawn and the rest from rendering a verdict and discharged and the cause continued at the defendants cost.

Isaiah Austin and Jacob Roberts who were summoned to appear here this day as witnesses for John Collins at the [illegible] of William McKnight was solemnly called but came not. Whereupon on motion of the said John Collins by his attorney, it is ordered that they be summoned to appear at next term and shew cause why a fine of $16 shall not be inflicted on them for [illegible] of the said John Collins according to law.

The Commonwealth, pltf
v
Eliphatat Johnston, deft
Upon a rule against the defendant to shew cause why an information should not be filed against him for a breach of the peace. The defendant appeared but failed to show cause. The Rule is made abosolute and it is ordered that an information be filed against him, to which assessor fo the court the defendant by his counsel excepted which being sealed is made part of the record.

Ordered that George Smith be fined the sum of five dollars for a contempt to the court be being present in court.

The Commonwealth v Catherine Sutphin and Hariet Sutphin. On the motion of the attorney for the Commonwealth this cause is continued untill next court.

The Commonwealth v William Vaughn. The defendant appeared by his attorney and shewed cause why an information should not be filed against him, the rule is therefore discharged.

Ordered that Court be adjourned until tomorrow morning 10 o'clock

Peter Johnston

Tuesday the 14th Court sat according to adjournment

Present same Judge as yesterday.

Charles Anthony, pltf
v
Archibald Mosman, deft
Upon a supervadea to a judgment obtained in the county court of Grayson by the defendant against the plantiff. This day came the parties by their attornies and thereupon the transcript of the record of the judgment aforesaid being seen and inspected. It seems to the Court here that there is no error and the said judgment, therefore it is considered that the same be affirmed and that the defendant recover of the plantiff damages according to law for retarding the execution thereof and his costs by him about his defense in this behalf expended.

The Grand Jury appeared according to adjournment and returned to consider their presentments and after some time returned into court with indictments against William Henden (?) For an assault.

Indictment to Jacob Clonch for an assault
Indictment to Joseph Elliott for an assault
Indictment to Charles Sexton for an assault
Indictment to John Bethel for an assault
Indicment to Samuel Ally for an assault, endorsed true bills; and having nothing furhter to present, were discharged.

Ordered that process issue on the said indictment returnable here at next term.

Presley Jennings late of the county of Grayson who stands indicted for murder was put to the barr in custody of the jailor and thereof arrainged, pleaded not guilty to the indictment and for his trial put himself upon God and his Country, whereupon a jury to wit: James Atkins, James Bedwell, Jacob Kirk, John Cornutt (son of David), Reuben Cornutt, Richard Hall, Joseph Phipps, Joseph Elliott, John Reeves, Charles Rowark, Charles Bolt and George Reeves who being elected tried and sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the said Presely Jennings is guilty of murder in the second degree only and they do ascertain the term of his imprisonment in the public jail and penetentiary house to five years and thereupon he is remanded to jail.

Memorandum, upon the trial of this cause the defendant counsell tendered a bill of exception to the opinion of th court as to certain evidence on the part of the Commonwealth whcih was received signed and sealed by the Court and ordered to be made part of the record.

The Commonwealth, pltf
v
Andrew Hash, deft
Indictment for an assault. This day came the parties by their attornies and thereupon the matters of law ensuing upon the erros filed in arest of judgment on the jury & verdict in this case being argued. It seems to the court here that the said errors are sufficient in law to stay the judgment on the verdict aforesaid, the same is therefore dismissed.

The Commonwealth v. Preston Robinson
The Commonwealth v Robert Night
The Commonwealth v Jacob Clonch
Rules. Ordered that new summones issue against the defendants

Ordered that Court be adjourned until tomorrow morning 9 o'clock.

Peter Johnston

Wednesday the 15th Court sat according to adjournment

Present same Judge as yesterday

Presley Jennings late of the county of Grayson who stands convicted of murder in the second degree only was again led to the barr in custody of the sheriff and thereupon it being demanded of him of anything for himself he had to know to say why the Court here should not now proceed to pronounce judgment against him according to law, and nothing being offered or alleged in delay of judgment it is considered by the court that the said Presley Jennings be imprisoned in the public jail and penetentiary house of this commonwealth for the term of five years the period by the jurors in these verdict ascertained and it is ordered that the sheriff of Grayson do as soon as possible after the rise of this court safely convey the said Presley Jennings from the jail of this county to the said jail and penetentiary have therein to be kept imprisoned and treated in the manner directed by law.

The following allowances are made and ordered to be certified to the auditor of public accounts, viz
William Bobbett late sheriff for one year public service twenty dollars
Robert Nuckolls, jailor for one years service.... thirty dollars
Martin Dickenson, clerk for one year's service thirty dollars
Alexander Smyth, prosecutor for the Commonwealth for Public Service during the present term, fifty dollars.

An account was exhibited in Court by Robert Nuckolls jailor amounting to three hundred and sixty four dollars sixteen cents which was examined proven by the oath of the said Robert Nuckolls and ordered to be certified to the auditor of public accounts.

Ordered the court be adjourned until the first day of next term.

Peter Johnston


October Term 1816

At a Superiour Court begn and held for the County of Grayson on Monday the 14th day of October 1816.

Present Peter Johnston, esqr, Judge

The following persons were returned as Grand Jurors towit: Joshua Stoneman, Jabez Johnston, Levi Burcham, William Cloud, William H. Boyer, Francis Hail, Jacob Boyer, Coonrod Hackler, Barney Wells, George Ring, Samuel Fulton, Jacob Kirk, John Boyer, Charles Rowark, Samuel Byrd, Matthew Dickey, James Bedwell, Joseph Elliott, Jacob Wright, Stephen Hail, Isaac Garrison, Bennett Rector, and Charles Lewis who being sworn received a charge from the court and retired to consider their presentments and after some time returned into court and presented an indictment against Lewis Brewer for an assault and an indictment against John Hawks for compounding a felony, endorsed true bills and having nothing further to present were discharged.

Ordered that process issue on the said indictment returnable to next term.

The Commonwealth, plantiff
v
William Jones, defendant
Information for an assault. This day came the prosecutor for the Commonwealth and therefore came a jury towit, Arthur Parker, Richard Cox, Jeremiah Coulson, John Mooney, John Lundy, Nathaniel Vaughn, John Collins, William McKnight, William Welsh, Obediah Leonard, Jr., Joshua Jones, and Stephen South, who being sworn to try the issue joined and having heard the evidence upon their oaths do say the defendant is guilty in manner and form as against him in the information is alledged and they do assess his fine to five dollars, whereupon it is considered by the court that the deft. Forfeit and pay the Commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended and may be taken, &c.

The Commonwealth v. Preston Robinson
The Commonwealth v. Jacob Clonch
Upon rules against the defendants to shew cause why information should not be filed against them for assaults having failed to show sufficient cause the rules are made absolute and it is ordered that informtions be filed against them.

The Commonwealth v. Stephen South, [remainder of line illegible]

The Commonwealth, plantiff
v
Levi Johnston, defendant
Indictment for assault. The defendant appeared and plead not guilty to the indictment and put himself upon the county and the Prosecutor for the Commonwealth likewise, and thereupon came a jury towit: John Nuckolls, John K. Cunningham, Henry Williams, John Blakley, Daniel Boyer, Thomas Young, Samuel Parker, Richard Hall, Samuel Cary, Amos Ballard, John Stoneman, and Johsua Martin who being [word missing] to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is guilty in manner and form as in the indictment against him is alleged and they do assess his fine by occasion thereof to five dollars besides his costs, whereupon it is considered by the court that the defendant forfeit and pay the commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended & may be taken &c.

Catherine and Hariet Sutphin who were recognized for their appearance at this court to answer a charge of murder. Appeared in discharge of the same, and the grand jury having found an indictment against them not a true bill and nothing further appearing against them they were discharged.

The following allowance were made and ordered to be certified to the auditor of public accounts to wit:

John Fielder [sheriff] for public service since last term ten dollars
Martin Dickenson, Clerk, do, since last term, fifteen dollars
Robert Nuckolls, Jailor, do since last term, fifteen dollars
Alexander Smyth, prosecutor for the Commonwealth for public service at this term, fifty dollars

Ordered that court be adjourned until the first day of next term.

Peter Johnston


At a Superior Court begun and held for Grayson County on Monday the 19th day of May 1817.

Present Peter Johnston, Esqr., Judge

Benjamin Estill, Esq. Is appointed prosecutor for the Commonwealth in this court to supply the vacancy occasioned by the election of Alexander Smyth, Esqr to the Congress of the United States, who qualified according to law.

The following persons were returned as grand jurors, towit: Minitree Jones, foreman, Joshua Stoneman, John Blair, Charles Rowark, Churchwell Jones, Charles Nuckolls, Joseph Elliott, John Snider, Benjamin F. Cooley, Timothy Rowark, Joshua Hanks, James Anderson, Obediah Leonard, George Cornelias, Abner Jones, James Atkins, William Hail, Francis Hail, Alexander Sutherland, Stephen Bourn, Samuel Byrd, James Wright, William Wright and Vincent Wheeler who being sworn received a charge from the court and retired to consider of their presentments, and after some time returned into Court with an indictment against William Anderson for murder indorsed a true bill and were adjourned untill tomorrow morning 10 o'clock.

The Commonwealth, pltf
v
William Bobbett, defendant
Error in [illegible] of judgment. This day came the prosecutor for the Commonwealth and the plea of the defendant in arrest of judgment being over ruled. It is considered by the court that the defendnt forfeit and pay the commonwealth the fine by the jurors assessed and the costs and may be taken &c. And on motion it is further ordered that he be removed from office as a justice of the peace for the County of Grayson.

The Commonwealth v. Preston Robinson, Rule, discontinued.

The Commonwealth v. Eliphatat Johnston, dismissed

The Commonwealth v. John Collins
The Commonwealth v. Daniel Austin, objection to a rule of this court made absolute at May term last the prosecutor for the Commonwealth filed information against the defendant and the cause continued till next term.

The Commonwealth v. William Hardin, indictment for an assault

The Commonwealth v. John Hawks, indictment for compounding a felony, the defendant being summoned and failing to appear, on motion a copias be issued against him returnable to next court.

The Commonwealth v. Joseph Elliott, indictment for an assault. The defendant appaeared and plead not guilty to the indictment and put himself upon the county and the prosecutor for the Commonwealth likewise and the trial of this cause is deferred until next court.

The Commonwealth v. Charles Sexton, indictment, ordered that new summons be issued.

The Commonwealth v. John Bethel, indictment dismissed.

John Leckright, v. Nimrod Newman, ejectment, continued

William McNight v. John Collins, case, on motion of the defendant and for reasons appearing to the court this cause is continued at his costs.

John Segrave v. Ezekiel Frost, [illegible] continued

John Brown v. James Ogle, supersedias

John Brown v. Daniel Hufman, supersedias about the pltfs death.

It is ordered that Robert Nuckolls jailor of Grayson County be summoned to appear here on the first day of next term of this court to show cause if any he can why an information should not be filed against him for negligently and carelessly permitting William Anderson a prisoner committed to his care by the Examining Court of the County aforesaid and sent on for trial before the Superior Court of Law for said county upon a charge of murder to escape from his custody.

The Commonwealth v. Jacob Clonch, Rule

The Commonwealth v. Jacob Clonch, Indictment for assault dismissed.

The Commonwealth v. Lewis Brewer, indictment for assault. The defendant appeared and plead not guilty to the indictment and put himself upon the county and the prosecutor likewise and the cause is continued till next term.

Ordered that court be adjourned untill Tomorrow morning 10 o'clock

Peter Johnston

Tuesday the 20th Court sat according to adjournment

Present Same Judge as yesterday

The Grand Jury appeared in court according to the adjournment and retired to consider their presentments and after some time returned into court and presented:

An indictment against John Clark for an assault
One other indictment against Lewis Hail for an assault
An indictment against Stephen Hail for an assault
An indictment against John Bird for an assault
An indictment against Burrus Hail for an assault
An indictment against Hardy Jones for an assault
An indictment against Samuel Fulton for an assault
An indictment against Richard Cox for an assault
And an indictment against George Reeves for an assault endoresed true bills and having nothing further to present were discharged.

Ordered that process issue against the several persons whom the Grand Jury have found indictments, returnable to next term.

The following allowances are made and odered to be certified to the auditor of public accounts, to wit

John Fielder, sheriff for public services since last term, ten dollars
Martin Dickenson, Clk, do, since last term, fifteen dollars
Robert Nuckolls, jailor, do, since last term, fifteen dollars
Benjamin Estill, prosecutor for the commonwealth for public service this term fifty dollars

Ordered that court be adjourned until the first day of next term.

Peter Johnston


October 1817

At a Superior Court of Law begun and held for the County of Grayson on Monday the 13th day of October 1817.

Present, Peter Johnston, Esqr., Judge

The following persons were returned as grand jurors to wit: Minitree Jones, foreman, Joshua Stoneman, Menoch Stone, John Blair, Churchwell Jones, George Cornelias, Erwin Montgomery, William Montgomery, Mathew Dickey, Lewis Brewer, Isaac Moore, Stephen Bourne, Andrew Hamton, William Davis, Arthur Fulton, Jacob Kirk, Dennis Fielder, James Wright, Richard Hail, John Snider and Jabez Johnston, who being sworn received a charge from the court and retired to considered their presentments and after some time returned into court and presented an indictment against John Reeves for felony and an indictment against George McCraw for an assault endorsed true bills and having nothing further to present were discharged.

The Commonwealth v. John Collins, information, the defendnt appeared and plead not guilty and put himself upon the county and the prosecutor for the Commonwealth likewise and this cause is continued till next term.

The Commonwealth v. Daniel Austin information, the defendant failing to appear a copias is awarded returnable to next term.

Ordered that William Taylor, Sen., be fined six dollars for a contempt offered in presence of this court.

Ordered that court be adjourned untill tomorrow morning 10 o'clock.

Peter Johnston

Tuesday the 14th Court sat according to adjournment.

Present same Judge as yesterday.

The Commonwealth, pltf
v
John Reeves, Deft
Upon an indictment for felony. This day came the parties by their attorneis and the prosecutor for the Commonwealth entere a nole prosqui as to the first and second second counts in the indictment, and the prisoner by his counsel offered a plea, abatement to so much of the remainder of the indictment as charged in the presence with offering to pay [illegible line] exchange the bank notes which being fully sgined [illegible] to the court that the said plea in abatement ought to be sustained. Whereupon the prisoner plead not guilty to residue of the indictment and for his trial put himself upon God and his country whereupon came a Jury to wit: Obediah Leonard, Jr., Micajah Stone, William Hudson, Benjamin Ward, John Isom, Jr., John Lundy, Isaac Barton, William Edwards, Thomas Laxton, James Munkus, Mahlon Collins, and Jonathan Osborne who being elected tried and sworn the truth to speak upon the issue joined and having heard the evidence and arguments of counsel and not agreed on a verdict were committed to the care of the sheriff of this county.

Ordered that Court be adjourned untill tomorrow morning 10 o'clock.

Peter Johnston

Wednesday the 15th Court sat according to adjournment

Present same Judge as yesterday

The Commonwealth, pltf
v
Joseph Elliott, deft
Indictment for an assault. This day came the parties by their attornies and thereupon came a jury towit, Isaac Collins, John Lundy, Amos Lundy, James McDaniel, John Ring, Charles Rowark, John Austin, William Potter, Thomas Blair, Stephen Bourn, Jr., Lewis Hail, and Thomas Oglesby, who being sworn to try the issued joined and having heard the evidence upon their oaths do say they find the defendant is guilty as in the indictment is alleged and they do assess his fine by reasons thereof to one dollar, whereupon it is considered by the court that the defendant forfeit and pay the fine aforesaid by the jurors assessed and the cost in this behalf expended & may be taken &c.

The Commonwealth, pltf
v
Lewis Brown, defendant
Indictment for an assault. This day came the parties by their attornies and thereupon came a jury towit: Joseph South, William Oglesby, Amos Ballard, Joel Stone, John Blair, Joshua Hanks, Abner Jones, James Anderson, Bennet Franklin, William Kenny, Smith Buckley, and John Collins who being sworn to try the issued joined and having heard the evidence upon their oaths do say the defendant is guilty and they assess his fine to ten dollars whereupon it is considered by the court that the defendant forfeit and pay the fine aforesaid by the jurors assessed and the costs in this behalf expended & may be taken &c.

The Commonwealth v. John Reeves indictment for felony the jury in this cause which was yestereday committed to the sheriff of the county appeared in court and rendered a verdict in the following words, to wit: "We of the jury find the defendant not guilty wherefore proclamation being made as the manner is and nothing further appearing against the said John Reeves he is therefore discharged.

The Commonwealth, pltf
v
Lewis Hail, Deft
Indictment for an assault. The defendant appeared and plead not guilty to the indictment to which the prosecution for the commonwealth replied generally and there upon came a jury towit: William Patton, John Austin, Stephen South, Isaac Collins, Amos Lundy, James McDaniel, Thomsa Oglesby, Haroy Jones?, John Ring, Thomas Blair, Samuel Fulton, and Stephen Bourn, who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is not guilty as in pleading he has alledged he is therefore aquitted.

The Commonwealth, pltf
v
John Clark, deft
Indictment for an assault. This day came the prosecutor for the Commonwealth and the defendant appearing in his proper person and thereupon came a jury towit: The same jury as in the preceeding case who being sworn to assess the fine and having heard the evidence. Upon their oaths do say they assess the defendants fine to one dollar, whereupon it is that a copias [illegible words] against from [illegible] to next term.

The Commonwealth, pltf
v
John Bird, Deft
Indictment for an assault. The defendant appeared and plead not guilty to the indictment to which the prosecutor replied generally and thereupon came a jury towit: Amos Ballard, Lewis Brewer, Smith Buckley, Bonner Franklin, Joel Stone, William Kenny, Barney Wills, Jr., John Collins, Fielden Segar, Joseph South, William Wright, and William Oglesby who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is not guilty as in pleading he hath alledged, therefore he is acquitted.

The Commonwealth, pltf
v
Stephen Hail, deft
Indictment for an assault. This day came the defendant by his attorney and plead not guilty to the indictment and put himself upon the county and the prosecutor likewise and thereupon came a jury towit: Isaiah Austin Bennet Rector, Stephen South, Samuel Fulton, James McDaniel, Bennett Rector, John Ring, William Davis, Jeremiah Bledsoe, John Austin, James Warrick, and John Clemons who being elected sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is guilty in the manner and form as in the indictment against him is alleged and they do assess his fine to four dollars, whereupon it is considered by the court that the defendant forfeit and pay the commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended & may be taken &c.

The Commonwealth v. Charles Sexton, indictment for assault
The Commonwealth v. John Hawks, same
The Commonwealth v. Burrus Hail, same
The Commonwealth v. Samuel Fulton, same
The Commonwealth v. Richard Cox, same
The Commonwealth v George Reeves, same. Ordered that new process issues in these cases returnable to next term.

The Commonwealth v. Lewis Hail
The Commonwealth v. William Harden
John Leckright, v. Nimrod Newman, eject
William McKnight v. John Collins [illegible] continued till next term.

The Commonwealth, pltf
v
Robert Nuckolls, deft
Upon a rule against the deft. To show cause why an information should not be filed against him for carelessly and negligently suffering William Anderson a prisoner committed to his care to escape from his custody. The defendant appearing and having shown sufficient cause the rule is discharged.

The Court doth make the following allowances which are ordered to be certified to the auditor of public accounts, viz

John Fielder, sheriff for public service since last term ten dollars
Martin Dickenson, clerk for public services since last term, fifteen dollars
Benjamin Estill, Esqr., prosecutor for the Commonwealth for public services at this term fifty dollars.

Martin Dickenson who has acted as jailor of Grayson County pro tem (there being no jailor appointed by the county court) for public service since last term fifteen dollars.

An account was exhibited in court by John Fielder sheriff of Grayson County amounting to seven dollars which was proven by the oath of the said John Fielder, allowed and ordered to be certified to the auditor of public accounts.

An account was exhibited in court by Martin Dickenson who has acted as jailor pro tem amounting to twenty-seven dollars eighty cents was proven by the oath of the said Martin Dickenson allowed and ordered to be certified to the auditor of public accounts.

Satisfactory proof appearing to the court that there was reason to apprehend that an attempt would be made to rescue the prisoner John Reves at this term, therefore, [illegible] ordered that an additional allowance of two guard for one day amounting to one dollar to Martin Dickenson jailor pro tem, and the same is ordered to be certified to the auditor of public accounts.

Ordered that court be adjourned untill the first day of next term.

Peter Johnston


May 1818

At a Superior Court of Law and held for Grayson County on Monday the 18th day of May 1818.

Present: Peter Johnston, Esqr., Judge

The following persons were returned as Grand Jurors, to wit: Aaron Betts, Samuel Hagar, Jeremiah Coulton, Stephen Hail, Jacob Boyer, Francis Hail, Richard Hail, Jesse Rector, Daniel Davis, Robert Crawford, John Boyer, Stephen R....., Stephen Stone, Daniel Boyer, James Ogle, Isaac Porter, Meredith Shockley, Thomas Patton, Allen Barbour, Michael Farmer, Isaac Moore, John Isom, and Stephen Bourn who being sworn retired to considered of their presentments and after some time returned into court and presented an indictment against John Reeves & Allen Burton for horse stealing. An indicment against John Reeves & Allen Burton for a misdemeanor, an indictment against John Cooper and Vincent Maynor for a breach of the peace, an indictment against Vincent Maynor and John Center [name should probably be Senter] for a breach of the peace, indoresd true bills and having nothing further to present were discharged.

The Commonwealth, plantiff
v
John Clark, deft
The defendant appeared in court on a capias and for reasons appearing to the court, judgment is now rendered against the defendant in the verdict of the jury at last term for one dollar fine & cost, without the defendant being bound for his good behaviour.

John Segrave, plantiff
v
Ezekiel Frost, defendant
In D...... In pursuance of an awared referred into court in this cause the same is dismissed at the plantiff's cost.

Ordered that court be adjourned until tomorrow morning 10 o'clock

Peter Johnston

Tuesday the 19th Court sat according to adjournment.

Present same Judge as yesterday.

Arthur M. Henderson, gent. Who hath been duly licenses to practice the law in the courts of the Commonwealth on his motion has leave to practice in this court and therefore he took the oath of fidelity to the Commonwealth the oath of an attorney at law and the oath to support the constitution of the United States.

The Commonwealth, plantiff
v
John Ross & Allen Burton, defts
Indictment for horse stealing. The attorney prosecuting for the Commonwealth by consent of the Court saith that he will not prosecute further on behalf of the Commonwealth on this indictment. They are therefore discharged.

The Commonwealth, plantiff
v
John Reeves & Allen Burton, defendant
Indictment for a misdemeanor. The defendants appeared in court and together with John Reeves, Sen., acknowledged themselves to be indebted to his excellency James P. Preston, Governor of chief magistrate of this Commonwealth the said John Reeves, Junr., and the said Allen Burton in the sum of five hundred dollars each and the said John Reeves, Sen. In the sum of one thousand dollars of their respective lands and tenaments, goods and chattels to be levied and to the Governor and his successors for the use of the Commonwealth rendered, yet upon this condition that the said John Reeves, Junr. And Allen Burton shall personally appear before the judge of the Superior Court of Grayson on the first day of next term to answer the Commonwealth concerning the misdemeanor for which they stand indicted and not depart without leave of the court then this recognizance to be void.

The Commonwealth, pltf
v
John Collins, deft
Indictment for an assault. This day came the parties by their attornies and thereupon came a jury towit: Enoch Cox, Esau Worrell, Thomas Baldwin, Charles Rowark, William Bobbett, Isaac Moore, William Montgomery, Irwin Montgomery, Jesse Brown, William Williams, James Bobbett, and William Kenny who being sworn to try the issue and having heard the evidence upon their oaths do say the defendant is not guilty as in pleading he has alleged he is therefore acquitted.

The Commonwealth, plantiff
v
Burrus Hail, deft
Indictment for an assault. This day came the prosecutor for the Commonwealth and the defendant appearing in court by consent thereupon came a jury towit: William Ballard, James Bobbett, Esau Worrell, Thomas Baldwin, William Kenney, Isaac Moore, Enoch Cox, William Bobbett, William Montgomery, Jesse Brown, John Dalton, and William Williams who being sworn to asses the fine and having heard the evidence upon their oaths do say they assess the fine to twelve and half cents, whereupon it is considered by the court that the defendant forfeit and pay the Commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended & may be taken &c. And it is further ordered that he find two securities for his keeping the peace towards all the commonwealth's citizens during the term of one year in the sum of one hundred dollars each, whereupon Lewis Hail and Francis Hail came into court and acknowledged themselves to be indebted to his excellency James P. Preston governor or chief magistrate of the Commonwealth in the sum of one hundred dollars each of their respective lands & tenaments, goods and chattels to be levied and to the governor and his successors for the use of the Commonwealth redered yet upon this condition that if the said Burrus Hail shall keep the peace towards all the Commonwealth's citizens during the term of one year then this recognizance to be void.

The Commonwealth, pltf
v
Harvey Jones, deft
Indictment for an assault. This day came the parties by their attornies and by consent and with leave of the court the same is dismissed at the defendant's cost.

The Commonwealth v. Daniel Austin, dismissed

The Commonwealth v. Charles Sexton, indict.

The Commonwealth v. John Hawks, int. Ordered that new process issue.

The Commonwealth, plantiff
v
Lewis Hail, defendant
Indictment for an assault. The defendant by his attorney plead not guilty to the indictment and put himself upon the country and the prosecution for the Commonwealth likewise and thereupon came a jury to wit: Lewis Brewer, William Robinson, John H. Clark, William McKnight, George Bourn, Randolph Collins, Joseph Elliott, Alexander McMillan, Joseph Doughton, Erwin Montgomery, James Henson, and Thomas Bobbett, who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is guilty as in the indictment is alledged and they do assess the fine by occasion thereof to one dollar besides his costs; whereupon it is considered by the court that the defendant forfeit and pay the Commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended & may be take &c.

The Commonwealth, plantiff
v
Samuel Fulton, deft
Indictment for an assault. This day came the parties by their attornies and the defendant plead not guilty to the indictment and put himself upon the country and the prosecution for the Commonwealth likewise and thereupon came a jury to wit: William Vaughn, Benjamin Dickens, Levin Busick, Hudson Jones, Isaiah Austin, Preston Hail, Isaac Pool, Francis Hail, John Toliver, Jr., John Toliver, Sen., Daniel Davis, and Benjamin Cooley, who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is guilty as in the indictment is alledged and they do assess the fine by occasion thereof to one dollar besides his costs; whereupon it is considered by the court that the defendant forfeit and pay the Commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended & may be take &c.

The Commonwealth, plantiff
v
William Hardin, Deft
Indictment for an assault. This day came the parties by their attornies and the defendant plead not guilty to the indictment and put himself upon the country and the prosecution for the Commonwealth likewise and thereupon came a jury to wit: William Vaughn, Benjamin Dickens, Levin Busick, Hudson Jones, Isaiah Austin, Preston Hail, Isaac Pool, Francis Hail, John Toliver, Jr., John Toliver, Sen., Daniel Davis, and Benjamin Cooley, who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is not guilty as in pleading, he hath alleged, he is therefore acquitted.

William Reeves who sues for Granville Henderson, plantiff
v
Moses Thomas, John Blair, Joseph South & Abraham Noblett, defts, in debt
The defendant by their attorneis appeared prayed [illegible] of the bond and condition, pleaded conditions performed and issue. Whereupon the judgment entered in the office is set aside and thereupon came a jury towit: James Bobbett, Esau Worrell, Isaac Moore, Thomas Baldwin, William Kenney, Jesse Brown, William Bobbett, Enoch Cox, William Montgomery, Stephen South, William Williams and Samuel Fulton, who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say find for the plantiff, the debt in the declaration mentioned to be discharged by the payment of seventy-five dollars eighty-eight cents with interest on fifty-two dollars seventy one cents part thereof from the 23rd day of April 1817 till paid, whereupon it is considered by the court that the plantiff recover of the defendants the sum aforesaid and his costs about his suit in this behalf expended.

The Commonwealth v, Richard Cox, indictment for assault

The Commonwealth v. George Reeves, indictment for assault, ordered that new process issue in these causes returnable to the next term.

The Commonwealth v. George McCraw indictment for assault ordered that new process issue returnable to next term.

John Snider, plantiff
v
Lewis Hail, defendant, slander
Be consent of the parties, this cause dismissed each party paying his own costs.

William Wright, plantiff
v
John Collins, deft
This day came the partied by their attornies and thereupon came a jury towit: William Ballard, Alvin Jones, John Blair, Micajah Stone, Isaac Pool, William Vaughn, Francis Hail, Preston Hail, Abraham Hawks, Stephen Bourn, Daniel Davis, and Henry Williams, who being sworn to try the issue joined and having heard the evidence by consent a juror was withdrawn and the rest from rendering a verdict were discharged and the cause continued.

The Court doth make the following allowances which are ordered to be certified to the auditor of public accounts, viz

Charles Nuckolls, sheriff for public service since last term, ten dollars
Martin Dickenson, clerk for public service since last term, fifteen dollars
Benjamin Estill, Esq., prosecutor for the Commonwealth for public service at this term, fifty dollars
Martin Dickenson, who has acted as jailor pro tem (there being no jailor appointed by the county court) for public service since last term fifteen dollars.

An account was exhibited in court by Martin Dickenson, jailor pro tem amounting to one hundred and six dollars sixteen cents which was examined by the court, proven by the oath of the said Martin Dickenson, allowed and ordered to be certified to the auditor of public accounts.

Paul Collins a prisoner sent on from the County Court of Grayson on the charge of felony was brought into court and on motion of the prosecutor for the Commonwealth and it appearing to the court that sufficient testimony could not be procured at this term to inable the prosecutor to [illegible] an indictment before the grand jury this causes are continued untill next term.

Ordered that process issue against the several persons against whom indictments were found by the grand jury, returnable next term.

Ordered that Court be adjourned until the first day of next term.

Peter Johnston


October 1818

At a Superior Court of Law begun and held for the County of Grayson on Monday the 19th day of October 1818

Present Peter Johnston, Esqr, Judge.

The following persons were returned as Grand Jurors towit: Abner Jones, foreman, Joshua Stoneman, Matthew Dickey, Joshua Hanks, Churchwell Jones, William Bobbett, Jeremiah Coulson, William Kenney, William Montgomery, Samuel Amburn, John Patton, George Harper, James Atkins, Alexander Sutherland, James Bedwell, Abraham Noblett, Joseph Phipps, Jonathan Thomas, William Bonham, Andrew Hash, Joseph Young and Nathaniel Vaughn who being sworn received a charge from the court and retired to consider their presentments and after some time returned into Court and having nothing to present were discharged.

William Reeves for the benefit of Granville Henderson, pltf
v
Moses Thomas, John Blair, Joseph South, Abraham Noblett, Jacob Thomas, and David Fielder, defts
Motion. Upon a bond taken for the forthcoming of property at the day of sale, taken by an execution issued from this court by the plantiff against the defendants Moses Thomas, John Blair, Joseph South, and Abraham Noblett, this day came the plantiff by their attorney and it appearing by the oath of James Anderson in court that the defendants had legal notice of this motion and they being solemnly called and not appearing, judgment is granted the plantiff against the defendants for his one hundred and ninety-two dollars 74 cents the penalty of the said bond, to be discharged by the payment of ninety-six follars thirty-seven cents with interest thereon from the twenty-second day of June 1818 till paid & costs, execution awarded.

The Commonwealth, pltf
v
Charles Sexton, deft
Indictment for assault. The deft. Confesses, judgement for costs.

The Commonwealth, v. Richard Cox, indictment for assault
The Commonwealth v. George Reeves, indictment for assault
The Commonwealth v. George McCraw, indictment for assault. The process being returned not executed upon the [illegible line] ordered that new process issue, returnable next term.

The Commonwealth, pltf
v
John Hawks, deft
[illegible]. The defendant appeared and plead not guilty to the indictment and for his trial put himself upon the Country and the prosecutor for the Commonwealth likewise, and the trial of this cause is deferred untill next term.

The Commonwealth, plantiff
v
Vincent Maynor & John Cooper, Defts, Indictments for assault

The Commonwealth, pltf
v
Vincent Maynor & John Center, Defts, Indictment for assaults

The defendants in these causes having been summoned, and failing to appear and plead. A Capias is awarded against them, in each of these cases, returnable to next term.

The Commonwealth, pltf
v
Paul Collins, Deft
Upon a prosecution commenced in the examining court of Grayson County for horse stealing

The Commonwealth, pltf
v
Paul Collins, Deft
Upon a prosecution commenced in the examining court of Grayson County for burning the jail of said county. The said Paul Collins having escaped from jail since he was sent only the examining court aforesaid for trial here and before the commencement of this term.

The prosecutor for the Commonwealth by consent of the court saith he will not prosecute further against the defendant in these cases.

The Commonwealth, pltf
v
Allen Burton & John Reeves, Jr., Deft
Indictment for a misdemeanor. The defendants appeared in court in discharge of their recognizance and on motion of the defendants this cause is continued untill next term. Whereupon the said John Reeves, Jr., together with John Reeves, Sen., acknowledged themselves to be indebted to his excellency James P. Preston, Governor of chief magistrate of this Commonwealth the said John Reeves, Junr., in the sum of five hundred dollars each and the said John Reeves, Sen and William McKnight in the sum of two hundred and fifty dollars each of their respective lands and tenaments, goods and chattels to be levied and to the Governor and his successors for the use of the Commonwealth rendered, yet upon this condition that the said John Reeves, Junr. shall personally appear before the judge of the Superior Court of Grayson on the first day of next term to answer the Commonwealth concerning the misdemeanor for which they stand indicted and not depart without leave of the court then this recognizance to be void. And the defendant Allen Burton together with John Reeves, Sen., acknowledged themselves to be indebted to his excellency James P. Preston, Governor of chief magistrate of this Commonwealth the said Allen Burton in the sum of five hundred dollars each and the said John Reeves, Sen. and William McKnight in the sum of two hundred and fifty dollars each of their respective lands and tenaments, goods and chattels to be levied and to the Governor and his successors for the use of the Commonwealth rendered, yet upon this condition that the said Allen Burton shall personally appear before the judge of the Superior Court of Grayson on the first day of next term to answer the Commonwealth concerning the misdemeanor for which they stand indicted and not depart without leave of the court then this recognizance to be void.

John Leckright, v. Nimrod Newman, ejectment, continued.

William McNight, pltf
v
John Collins, Deft, in trover
By consent of the parties this cause is refered to the final determination of William Kenny, William Edwards, David Edwards, John Shote, Annuel Edwards, John Fielder, Benjamin Phipps, Enoch Osborne, Joshua Cox, John Cox, & Stephen Stone, or a majority of them whose award is to be made the judgment of this court.

The Court doth make the following allowances which are ordered to be certified to the auditor of public accounts, viz:

Charles Nuckolls, sheriff for public service since last term, ten dollars
Martin Dickenson, clerk for public service since last term, fifteen dollars
Benjamin Estill, Esq., prosecutor for the Commonwealth for public service at this term, fifty dollars
Martin Dickenson, who has acted as jailor pro tem (there being no jailor appointed by the county court) for public service since last term fifteen dollars.

For reasons appearing to the court upon the examination of Martin Dickenson duly sworn to give evidence to the court with respect to the circumstances attending the late escape of Paul Collins from the jail of Grayson County, wherein he was confined by the sentence of the examining court, and the said County for [illegible] before this court upon two charged. One for horse stealing and the other for feloneously buring the jail of the aforesaid county of Grayson. It is ordered that James Anderson, Deputy Sheriff of Charles Nuckolls, sheriff of Grayson County, John Trimble and John Thompson the two last summoned by the said deputy sheriff to guard the said Collins while confined in the jail aforesaid be summoned to appear here on the first day of the next term to shew cause, if any they or either of them can why an information shall not be filed against them on one or more of them for negligently permitting the said Paul Collins to escape from the Jail of Grayson County when he should have been confined therein according to the sentence of the examining court aforesaid.

No further business appearing, it is ordered that court be adjourned untill the first day of next term.

Peter Johnston


May 1819

At a Superior Court of law begun and held for Grayson County on Monday the 17th day of May 1819

Present Peter Johnston, Esqr., Judge

The following persons were returned as Grand Jurors towit: John Blair, foreman, Joshua Stoneman, Joshua Hanks, William Hail, Churchwell Jones, William Cloud, John Fielder, William Davis, Ebenezer Lundy, Mahlon Collins, John Warrick, Peter Carrico, Jacob Boyer, Stephen Rudy, Stephen Hail, Sen., Conrad Hackler, Reuben Cornutt, John Boyer, William Ward, Lewis Brewer, Henry Edwards, Isaac Moore, and John Cornutt who being sworn received a charge from the court and retired to consider of their presentments and after some time returned into court and presented an indictment against Smith Buckley and William Lyon and and indictment against John Reeves, Sr., assaults endorsed true bills and having nothing further to present were discharged.

Ordered that process issue against the said Smith Buckley and William Lyon and John Reves to answer the said indictments returnable to next term.

The Commonwealth v John Hawks, indictment, continued

The Commonwealth v. Richard Cox, indictment

The Commonwealth v. George Reeves indictment, the sheriff having returned the summons not executed, it is ordered that new process returnable to next term.

The Commonwealth v. John Reves & Allen Burton, indictment for a misdeameanor, defendants appeared in discharge of their recognizance and on motion of the said defedants by their attorney and it appearing that there was no prosecutor to the said indictment, it is ordered that the same be quashed.

Charles C. Johnston and John Linton, gentlemen who have been duly licensed to practice the law in the courts of the commonwealth on their motion have leave to practice in this court and thereupon they took the oath of fidelity to the Commonwealth, the oath of an attorney at law and the oath to support the constitution of the United States.

The Commonwealth, plantiff
v
John Cooper, defendant
Indictment for an assault. The defendant appeared by his attorney and pleaded not guilty to the indictment and for his trial put himself upon the county and the prosecutor for the Commonwealth likewise and thereupon came a jury, to wit: Thomas Patton, John Patton, Annuel Edwards, Daniel Davis, Thomas Hill, Jeremiah Hail, Micajah Stone, William Leonard, Jr., Henry Williams, Nimrod Moore, Joseph Elliott and James Carson who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is guilty in manner and form as in the indictment against him is alleged and they assess his fine by occasion thereof to one cent, whereupon it is considered by the court that the defendant forfeit and pay the fine aforesaid by the jurors assessed and the costs in this behalf expended and may be taken &c. And it is further ordered that the defendant enter into a recognizance himself in the sum of two hundred dollars with two sufficient securities in the sum of one hundred dollars each with the condition that he be of good behaviour and keep the peace towards all the Commonwealth's citizens during the term of one year and that he remain in custody of the sheriff until he comply with this order.

John Cooper, Stephen Hail and Preston Hail came into court and severally acknowledged themselves indebted to his excellency James P. Preston, Esqr., governor or chief magistrate of this commonwealth, the said John Cooper in the sum of two hundred dollars and the said Stephen Hail, Jr. and Preston Hail, in the sum of one hundred dollars each of their respective respective lands and tenaments, goods and chattels to be levied and to the Governor and his successors for the use of the Commonwealth rendered, yet upon this condition that the said John Cooper shall keep the peace and be of good behaviour towards all the Commonwealth's Citizens during the term of one year, then this recognizance to be void.

The Commonwealth, plantiff
v
Vincent Maynor, defendant
Indictment for an assault. The Defendant appeared and pleaded not guilty to the indictment and for his trial put himself upon the country and the prosecutor for the Commonwealth likewise and thereupon came a jury towit: John Patton, Thomas Patton, Annuel Edwards, Daniel Davis, Thomas Hill, Jeremiah Hail, Micajah Stone, William Leonard, Jr., Henry Williams, Nimrod Moore, Joseph Elliott and James Carson who being sworn to try the issue aforesaid and having heard the evidence upon their oaths do say the defendant is not guilty as in the pleading he hath alledged, he is therefore acquitted.

The Commonwealth, plantiff
v
Vincent Maynor and John Center, defendants, indictment for breach of the peace.
The defendant appeared by their attornies and pleaded not guilty to the indictment and for their trial put themselves upon the country and the prosecutor for the Commonwealth, likewise, and thereupon came a jury towit: Isaac Garrison, Allen Barbour, Aaron Lundy, Thomas Davis, John Mooney, William Hanks, Jesse Williams, Richard Kester, James Atkins, John Bird, John Collins, and Henry Jones, who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendants are guilty in manner and form as in the indictment against them is alleged and they assess their fines to fifty cents each, whereupon it is considered by the court the defendant Vincent Maynor who being present in court forfeit and pay the Commonwealth the fine aforesaid by the jurors aforesaid assessed and the costs in this behalf expended, and it is further ordered the he be imprisoned untill the rise of the court and untill he enters into a recognizance himself in the sum of one hundred dollars with two sufficient securities in the sum of fifty dollars each with condition that he be of good behaviour and keep the peace towards all the Commonwealth's citizens during one year and it is ordered that a capias ad [illegible] issue against the defendant John Center returnable to next term.

The Commonwealth, plantiff
v
James Anderson, defendant
Upon a rule to show cause why an information should not be filed against him for negligently permitting Paul Collins a prisoner committed to his care to escape from the jail of this county. The process not being executed, the defendant appeared in court and allowing to shew cause but failing to show sufficient cause the rule is made absolute and it is ordered that the information be filed.

The Commonwealth v. John Trimble
The Commonwealth v. John Thompson
Upon rules against the defendants to shew cause why informations should not be filed agains them for negligently permitting Paul Collins a prisoner to escape from the jail of this county. The process ordered at last term not being executed it is ordered that new process agreeable to the order of last term be filed returnable to the next term.

The Court doth make the following allowances which are ordered to be certified to the auditor of public accounts, viz:

Charles Nuckolls, sheriff for public service since last term, ten dollars
Martin Dickenson, clerk for public service since last term, fifteen dollars
James McDonald, Jailor, for public service since last term, fifteen dollars
Benjamin Estill, Esq., prosecutor for the Commonwealth for public service at this term, fifty dollars
Ordered that John Thompson be allowed the sum of sixty-one dollars fifty cents for services in guarding Paul Collins a prisoner in Grayson Jail committed on a charge of Horse stealing from the 16th day of January 1818 until the 19th day of May 1818, which services having been allowed to Martin Dickenson jailor pro tem at May term 1818 and rejected by the auditor of public accounts.

Ordered that John Trimble be allowed the sum of sixty-one dollars fifty cents for services in guarding Paul Collins a prisoner in Grayson Jail committed on a charge of Horse stealing from the 16th day of January 1818 until the 19th day of May 1818, which services having been allowed to Martin Dickenson jailor pro tem at May term 1818 and rejected by the auditor of public accounts.

The court being satisfied that the aforesaid services have been performed and that no allowance has been made therefor.

Ordered that Martin Dickenson who was jailor pro tem be allowed the sum of twenty-five dollars eighty-four cents for keeping Paul Collins a prisoner committed to the jail of Grayson County on a charge of horse stealing from the 20th day of May 1818 untill the 4th day of August 1818. The court being satisfied that the services have been performed and that no allowance has been made therefor.

It appearing to the court that Vincent Maynor who was imprisoned until the rise of the court and untill he enter into a recognizance with security for good behavior has it not in his power at this time to give such security. It is therefore ordered that he be for the present released from his confinement and a further time untill next term is given him to find such security.

No further business appearing, it is ordered that court be adjourned untill the first day of next term.

Peter Johnston


October 1819

At a Superior Court of Law begun and held for Grayson County on Monday the 18th day of October 1819.

Present, Peter Johnston, Esqr., Judge

The following persons were returned as Grand Jurors, to wit: John Blair, foreman, Abner Jones, John Robinson, Joshua Hanks, Joshua Stoneman, Jonathan Thomas, Stephen Hail, Jr., Abraham Noblett, Joseph Young, Timothy Rowark, Abraham Cooley, John Sutherland, Barney Wells, Walter Payne, James Warrick, Minitree Jones, Jr., John Fielder, Edward Payne, Enoch Cox, William Davis, and Philip Beemer, who being sworn received a charge from the court and retired to consider of their presentments and after some time returned into court and presented Bills of indictment against James Sage, Jr. and William Thomas for a breach of the peace. Against Francis Hail and John Cornutt for a breach of the peace, against Wicks H. Hail and Samuel Long for a breach of the peace, against Francis Hail for a breach of the peace and against Thomas B. Hail and Lewis Long for a breach of the peace, endorsed true Bills and having nothing further to present, were discharged.

Ordered that process issue on the said indictments returnable to next term.

James Kyle, plantiff
v
John Trimble, defendant, trespass
Martin Dickenson & Stephen Bourn enters special bail for the defendant

The Commonwealth, pltf
v
John Hanks, Deft
Indictment for compounding a felony. This day came the parties by their attornies and thereupon came a jury towit: Thomas Patton, David South, John Patton, William Ward, Joel Stone, James Davis, Jacob Noblett, Bennet Rector, Jeremiah Jennings, James Stone, Amos Ballard, and George Moore, who being sworn to try the issue joined and having heard the evidence upon their oaths do say the defendant is guilty and they do assess his fine by occasion thereof to ten dollars, whereupon motion of the defendant by his attorney and for reasons appearing to the court, the verdict is set aside and a new trial granted, and the prosecutor for the Commonwealth with leave of the court enteres a nole prosequi.

The Commonwealth, pltf
v
Richard Cox, deft, indictment for a breach of the peace
The Commonwealth, pltf
v
George Reeves, deft, indictment for a breach of the peace
With leave of the court, the prosecutor for the Commonwealth enters a nole prosequi in these cases.

The Commonwealth, pltf
v
Smith Buckley & William Lyon, Defts, Indictment for a breach of the peace.
The defendant William Lyon appeared by his attorney and plead not guilty and put himself upon the county and the prosecutor for the Commonwealth likewise and the cause is continued till next term, and the process against the defendant Buckley being returned not executed. It is ordered that new process issue against him directed to the sheriff of Wythe returnable to next term.

The Commonwealth, pltf
v
John Reves, deft. Indictment for a breach of the peace.

The process being returned not executed, it is ordered that new process issue returnable next term.

The Commonwealth, pltf
v
James Anderson, deft, Information for a misdemeanor
This day came the parties by their attornies and the defendant plead not guilty to the information and put himself upon the county and the prosecutor for the Commonwealth likewise and thereupon came a jury towit: John Shoat, James Cornutt, Obediah Leonard, John Dishon, James Blevins, John Bryant, Nathan Davis, Thomas Hanks, Philip Ballard, Henry Williams, Allen Barbour and Nathaniel Vaughn, who being sworn to try the issued joined and having heard the evidence upon their oaths do say the defendant is not guilty as in pleading he hath alleged, he is therefore aquitted.

The Commonwealth, pltf
v
Vincent Maynor, deft
Upon an order for security for good behaviour. For reasons appearing to this court, the order issued at last term for the defendant to find security for his good behaviour at this term is set aside.

The Commonwealth, pltf
v
John Center, Deft
Writ of ad andoruium [illegible]. The writ being returned that the defendant was not found. It is ordered that a new writ issue directed to the sheriff of Washington County returnable to next term.

The Commonwealth, pltf
v
John Trimble, deft.
The Commonwealth, pltf
v
John Thompson, deft
Upon a rule against the defendants to shew cause why informations should not be filed against them for negligently suffering Paul Collins to escape from the jail of Grayson County. The defendants failing to show cause the rule is made absolute, and it is ordered that informations be filed against them which are accordingly filed.

John G. Winston, who sues for Peter Elrod, pltf
v
Archibald Phillips, deft, in debt
On motion of the defendant by his attorney and it appearing to the satisfaction of the court that John G. Winston is not an inhabitant of the Commonwealth, it is ordered that this suit be dismissed as to the said John G. Winston unless security be given within sixty days from this time for the costs. The court doubting whether John G. Winston is the proper person against whom the rule ought to be made, take time untill next term to consider thereof.

John Leckright, pltf
v
Nimrod Newman, deft, ejectment
On motion of the plantiff, it is ordered that the surveyor of the county do go upon the land in controvsey on the fifteenth day of November next if fair, if not the next fair day, or at any other time agreed upon by the parties, and lay off and survey the same as either party shall require and return three fair plats and reports thereof to this court and that any one of justice of the peace this county attend and there meet them and examine and take the depositions of such witnesses as shall be produced by any of the parties, which to be returned with said plats and reports, and the sheriff of this county is to attend the said survey and remove fence if any should be offered.

William McKnight, pltf
v
John Collins, deft, Case
This day came the parties by their attorneis and by consent, the order of reference heretofore made in this issue is set aside and the cause is therefor to the final determination of William Kenny, John Cox and Abner Jones, whose award is to be entered the judgment of the court.

James Blevins, plantiff
v
John Isom, defendant, trespass
On motion of the plantiff by his attorney, the dismission entered in the office is set aside. Order file and the cause placed on the rule docket.

The Court doth make the following allowances which are ordered to be certified to the auditor of public accounts, viz:

Charles Nuckolls, sheriff for public service since last term, ten dollars
Martin Dickenson, clerk for public service since last term, fifteen dollars
James McDonald, Jailor, for public service since last term, fifteen dollars
Benjamin Estill, Esq., prosecutor for the Commonwealth for public service at this term, fifty dollars
No further business appearing, it is ordered that court be adjourned untill the first day of next term.

Peter Johnston


May 1820

At a superior Court of Law begun and held for the County of Grayson on Thursday the 11th day of May, 1820, agreeable to an act of assembly passed the 31st day of December 1819 entitled, "An act changing the times of holding certain courts in the 13th Judicial Circuit."

Present: Peter Johnston, Esqr, Judge

The following persons were returned as Grand Jurors towit: Joshua Stoneman, foreman, William Hail, John Boyer, Richard Hail, Isaac Garrison, James Atkins, Stephen Hail, John Robinson, Joshua Hanks, Abraham Cooley, William Ballard, William Williams, Meredith Shockley, Jesse Brown, Thomas Patton, Joseph Fields, and Hardy Jones, who being sworn received a charge from the court, retired to considered their presentments and after some time returned into court and returned indictments agains Enoch Baldwin and John Baldwin for an assault with intent to kill; an indictment against William Edwards for an assault, and an indictment against Joshua Harris for an assault, endorsed true bills and having nothing further to present were discharged.

Ordered that process issue on the said indictments returnable to next term.

Benjamin Estill, David Pierce and John Linton, Esqrs are appointed a committee whose duty it shall be to inspect the jail of Grayson County and to report to this circuit before the expiration of the present term, the condition of the said jail and the manner in which it is kept.

The Commonwealth v. Smith Buckley indictments for an assault
The Defendant failing to appear it is ordered that new process issued against the defendant directed to the sheriff of Wythe County returnable to next term.

The Commonwealth v. William Lyon indictment for an assault, continued.

The Commonweath v. John Thompson, upon an information for negligently suffering Paul Collins a prisoner to escape from jail. The defendant failing to appear on being summoned, it is ordered that a capias issue against the said defendant returnable to next term.

The Commonwealth v. John Reves, indictment for an assault, the process being returned not executed. It is ordered that new process issue returnable to next term.

The Commonwealth v. James Sage, indictment for an assault. The defendant appeared and plead not guilty and for his trial put himself upon the country and the prosecutor for the Commonwealth likewise and thereupon came a jury towit: James Wright, Joel Stone, Minitree Jones, Philip Ballard, John Snider, Isaac Pool, Walter Payne, John Isom, Jr., Jeremiah Jennings, Bennet Rector, Jacob Hays and Thomas Bobbett who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is not guilty as in pleading he hath alleged he is therefore acquitted.

The Commonwealth v. William Thomas, indictment for an assault, with leave of the court the prosecutor for the Commonwealth enteres a nole prosqui in this cause.

The Commonwealth to Francis Hail, indictment for an assault, the defendant appeared and plead not guilty and for his trial put himself upon the county and the prosecutor for the Commonwealth likewise and thereupon came a jury towit: Obediah Leonard, Abram Hawks, Drury Hawks, John Patton, Nimrod Moore, Aaron Lundy, James Davis, George Ring, William Hanks, Griggs Hamton, James Blevins, and Allen Barbour, who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is not guilty as in pleading he hath alleged he is therefore acquitted.

The Commonwealth v. John Cornutt, indictment for an assault. The defendant appeared and plead not guilty and for his trial put himself upon the country and the prosecutor for the Commonwealth likewise and thereupon came a jury to wit: Obediah Leonard, Abram Hawks, Drury Hawks, John Patton, Nimrod Moore, Aaron Lundy, James Davis, George Ring, William Hanks, Griggs Hamton, James Blevins, and Allen Barbour, who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is guilty in manner and form as in the indictment against him is alledged and they assess his fine to three dollars, whereupon it is considered by the court that the defendant forfeit and pay the commonwealth the fine aforesaid by the jurors assessed and the costs in this behalf expended and may be taken &c.

The Commonwealth, plantiff
v
Wicks H. Hail, defendant
Indictment for an assault. The defendant appeared and plead not guilty to the indictment and for his trial put himself upon the county and the prosecutor for the commonwealth likewise and thereupon came a jury to wit: James Wright, Joel Stone, Minitree Jones, Philip Ballard, John Snider, Isaac Pool, Walter Payne, John Isom, Jeremiah Jennings, Bennet Rector, Jacob Hays and Thomas Bobbett who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is not guilty as in pleading he hath alleged, he is therefore acquitted.

The Commonwealth, pltf
v
Samuel Long, deft
Indictment for an assault. The defendant appeared and plead not guilty to the to the indictment and for his trial put himself upon the country and the prosecutor for the Commonwealth likewise and thereupon came a jury towit: James Wright, Joel Stone, Minitree Jones, Philip Ballard, John Snider, Isaac Pool, Walter Payne, John Isom, Jeremiah Jennings, Bennet Rector, Jacob Hays and Thomas Bobbett who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is guilty in manner and form as against him in the indictment is alleged and they assess his fine by occasion therefor to fifty cents. Whereupon it is considered by the court that the defendant forfeit and pay the commonwealth the fine aforesaid by the jurors assessed and the costs in the behalf expended & may be taken &c.

The Commonwealth to Francis Hail, indictment for an assault, the defendant appeared and plead not guilty and for his trial put himself upon the county and the prosecutor for the Commonwealth likewise and thereupon came a jury towit: Obediah Leonard, Abram Hawks, Drury Hawks, John Patton, Nimrod Moore, Aaron Lundy, James Davis, George Ring, William Hanks, Griggs Hamton, James Blevins, and Allen Barbour, who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is guilty in manner and form as against him in the indictment is alleged and they assess his fine by occasion therefor to three dollars. Whereupon it is considered by the court that the defendant forfeit and pay the commonwealth the fine aforesaid by the jurors assessed and the costs in the behalf expended & may be taken &c.

The Commonwealth, pltf
v
John Baldwin, deft
Indictment for an assault. The defendant appeared and plead not guilty to the to the indictment and for his trial put himself upon the country and the prosecutor for the Commonwealth likewise and thereupon came a jury towit: James Wright, Joel Stone, Minitree Jones, Philip Ballard, John Snider, Isaac Pool, Walter Payne, John Isom, Jeremiah Jennings, Bennet Rector, Jacob Hays and Thomas Bobbett who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is guilty in manner and form as against him in the indictment is alleged and they assess his fine by occasion therefor to fifteen dollars. Whereupon it is considered by the court that the defendant forfeit and pay the commonwealth the fine aforesaid by the jurors assessed and the costs in the behalf expended & may be taken &c. And it is further ordered that he enter into a recognizance himself in the sum of four hundred dollars, with two sufficient securities in the sum of two hundred dollars each with the condition that he be of good behaviour and keep the peace towards all the Commonwealth's citizens during the term of one year & one day and that he remain in custody of the sheriff untill he comply with this order.

Ordered that Court be adjourned untill tomorrow morning 10 o'clock,

Peter Johnston

Friday the 12th Court sat according to adjournment

Present same Judge as yesterday.

The Court doth make the following allowances which are ordered to be certified to the auditor of public accounts, viz:

William Vaughn, sheriff for public service since last term, ten dollars
Martin Dickenson, clerk for public service since last term, fifteen dollars
James Anderson, Jailor, for public service since last term, fifteen dollars
Benjamin Estill, Esq., prosecutor for the Commonwealth for public service at this term, fifty dollars.
It appearing to the court by evidence that Samuel Long had this day made an attempt break the peace by fighting with Thomas B. Hail, and the said Samuel Long being in court. It is ordered that the enter a recognizance himself in the sum four hundred dollars, with two sufficient securities in the sum of two hundred dollars each with the condition that the said Samuel Long be of good behaviour and keep the peace towards all the Commonwealth's citizens during the term of one year & one day and that he remain in custody of the sheriff untill he comply with this order.

Samuel Long, William Long and John Snider came into court and acknowledged themselves indebted to Thomas M. Randolph, Esqr., governor of the commonwealth of Virginia viz, the said Samuel Long in the sum of four hundred dollars and the said William Long and John Snider in the sum of two hundred dollars each to be levied of their respective lands and tenements goods and chattels and to the said governor and his successors for the use of the Commonwealth's citizens during the term of one year and one day, then this recognizance to be void, otherwise in full force & effect.

The committee appointed yesterday to examine the jail of this county and report the condition thereof and the manner in which it is kept made a report which is satisfactory to the court and the same is ordered to be filed.

On petition of Drury Hawks by his attorney a writ of supervias [sic] is awarded him to a judgment of the court of Grayson County received against him by Robert Smith, assignee of John Linton, the __ day of September 1819 upon the said Drury Hawks, entering into bond with sufficient security i the sum of one hundred dollars during the term condition as the law directs.

The Commonwealth, pltf
v
Thomas B. Hail, deft, indictment for an assault
The defendant appeared and plead not guilty to the indictment and for his trial put himself upon the county and the prosecutor for the commonwealth likewise and thereupon came a jury to wit: John Collins, Bennett Rector, Isaac Collins, John Stone, Abrahram Hawks, Drury Hawks, James Wright, Joel Stone, Phillip Ballard, Minitree Jones, Joseph Elliott and John Bryant, who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is not guilty as in pleading he hath alleged, he is therefore acquitted.

John G. Winston who sues for the benefit of Peter Elrod, pltf
v
Archibald Phillips, Deft, in debt
The defendant appeared and pleaded payment whereupon the judgment entered in the office is set aside and thereupon came a jury to wit: John Snider, Isaac Pool, David Pierce, Richard Hall, John Davis, James Blevins, Aaron Lundy, John Rankin, Jacob Cannoy, Francis Hail, James Golding, and Joseph Sutherland, who being sworn to try the issue joined and having heard the evidence upon their oaths do say they fine that the defendant paid the debt in the declaration maintained to Elias Catton on the 30th day of September 1816 and before he had notice of the assignment of the writing obligatory in the declaration maintained and they therefore find for the defendant whereupon it is considered by the court that the defendant recover of the plantiff his costs about his defense in this suit expended.

The Commonwealth, pltf
v
Lewis Long, deft
Indictment for an assault. The defendant appeared and plead not guilty to the to the indictment and for his trial put himself upon the country and the prosecutor for the Commonwealth likewise and thereupon came a jury towit: John Collins, Bennet Rector, Isaac Collins, John Stone, Abraham Hawks, Drury Hawks, James Wright , Joel Stone, Philip Ballard, Mintiree Jones, Joseph Elliott, and John Bryant who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is guilty in manner and form as against him in the indictment is alleged and they assess his fine by occasion therefor to fifty cents. Whereupon it is considered by the court that the defendant forfeit and pay the commonwealth the fine aforesaid by the jurors assessed and the costs of this prosecution & may be taken &c.

John Baldwin, William McNight, and John Trimble came into court and acknowledged themselves indebted to Thomas M. Randolph, Esqr, governor of the commonwealth of Virginia for the time being and his successors, viz, the said John Baldwin in the sum of four hundred dollars and the said William McNight and John Trimble jointly in the sum of four hundred dollars to be levied of their respective lands and tenaments goods and chattels and to the said governor and his successors for the use of the commonwealth rendered void upon the condition that the said John Baldwin be of good behaviour and keep the peace towards all the Commonwealth's citizens during the term of one year then this recognizance to be void else to remain in full force.

The Commonwealth, pltf
v
John Trimble, Deft
Information for a misdemeanor. The defendant appeared by counsell and moved the court to strike this cause from the docket for a discontinuance in this that no order was made at last term for process to issue and the court wishing time to consider thereof the same is continued untill next term.

No further business appearing, it is ordered that court be adjourned untill the first day of next term.

Peter Johnston

May 1821

At a Superiour Court of law begun and held for Grayson County on Monday the 14th day of May 1821.

Present Peter Johnston, Esqr., Judge

The following persons were returned as Grand Jurors towit: Joshua Stoneman, foreman, William Hail, Joshua Hanks, Stephen Bourn, Jr., Richard Hail, William Kenney, Stephen Hail, Joseph Fields, Jonathan Thomas, Ebenezer Lundy, Isaac Garrison, Daniel Davis, Alexander Atkins, Daniel Boyer, John Warrick, Abram Cooley, Menoch Stone, James Carson, James Dickey, James Warrick and Jesse Williams who being sworn to receive a charge from the court and retired to consider their presentments and after sometime returned into court and presented a bill of indictment against Jacob Boyer for an assault and a bill of indictment against John Parsons and Mary Roberts for fornication endorsed true bills and having nothing further to present were discharged.

Ordered that process issue on the said indictments returnable to next term.

Alexander Smyth, Benjamin Estill and Granville Henderson, gent. Are appointed a committee whose duty it is to inspect the jail of Grayson County and to report to this court before the expiration of the present term the condition of the said jail and the manner in which it is kept.

Joseph Draper, Esqr, who is licensed to practice law in the superior and inferior courts of this commonwealth took the oath of fidelity to the Commonwealth to support the constitution of the United States and the oath of an attorney whereupon he is admitted to practice as an attorney in this court.

The Commonwealth v. John Trimble, information for a misdemeanor, motion for a discontinuance of this cause sustained and the cause stricken from the docket accordingly.

Drury Hawks, pltf
v
Robert Smith, Deft
Upon a Supersedeas to a judgment obtained in the county court of Grayson by the defendant against the plantiff. This day came the parties by their attornies and thereupon a transcript of the record of the judgement aforesaid being seen and inspected it seems to the court here that the judgment is erroneous, therefore it is considered that the said judgment be reversed and annulled and that the plantiff recover against the defendant his costs by him expended in the prosecution of his writ here.

The Commonwealth v. William Edwards indictment for an assault the defendant being summoned and failing to appear a capias is awarded against him and the cause continued.

The Commonwealth, pltf
v
John Haines, Deft
Indictment for an assault. The defendant appeared by his attorney and plead not guilty to the indictment and for his trial put himself upon the country and the prosecutor for the Commonwealth likewise, and thereupon came a jury towit: John Patton, Joel Stone, Elisha Boller, Nimrod Moore, John Trimble, Mahlon Collinns, Abram Noblett, John Nuckolls, David Edwards, Thomas Blair, Isaac Greer, and William Bonham who being sworn to try the issue aforesaid joined and having heard the evidence upon their oaths do say the defendant is not guilty as in pleading he hath alleged he is therefore aquitted.

The Commonwealth v. John Thompson, information for a misdeameanor for reasons appearing to the court this cause is discontinued.

The Commonwealth v. John Reeves, indictment for an assault ordered that new process issue returnable to next term and the cause is cont.

John Leckright, v. Nimrod Newman, in ejectment, continued

Charles Copeland, pltf
v
Samuel Robinett, Deft
Upon a supersedias to a judgment obtained in the county court of Grayson by the defendant against the plantiff. This day came the parties by their attorneis and thereupon a transcript of the record of the judgment aforesaid being seen and inspected it seems to the court here that the judgment is erroneous, therefore it is considered that the said judgment be reversed and annulled, and that the plantiff recover of the defendant his costs by him expended in the prosecution of his writ here.

William Davis v. William Oglesby, in debt, dismissed by consent of the plantiff.

The Committee appointed to examine the jail of this county and report the condition thereof and the manner in which it is kept, made a report which is satisfactory to the court which is ordered to be filed.

Martin Dickenson, adminstrator with the will minor of Catron Thompson, pltf
v
James McCraw, Deft, in debt
This day came the plantiff by his attorney and thereupon came a jury towit: John Patton, Joel Stone, Elisha Beller, Nimrod Moore, John Trimble, Mahlon Collins, Abram Noblett, John Nuckolls, David Edwards, Thomas Blair, John Snider and William Bonham who being sworn to asses the damages: By consent of the parties the defendat is permitted to appea and plead, whereupon Joseph Fields and Joseph Elliott came into court and undertook for the defendant that he should pay and satisfy the judgment of the court in case he is case or render his body to prison in execution for the same or that they the said Joseph Fields and Joseph Elliott would do it for him the jury was discharged and the cause continued at the defendants cost untill tomorrow.

Charles Copeland v. Samuel Robinett upon a supersedas, it appearing to the satisfaction of the court by the oath of James Anderson, deputy sheriff of this county that the defendant Samuel Robinett hath received the sum of one hundred dollars from Enoch Osborne the garnishe in said record maintained on account of the judgment rendered in the county court in this cause, it is therefore ordered that a writ of restitution be awarded the plantiff against the defendant commanding him to restore the said hundred dollars, returnable here &c.

Ordered that court be adjourned until tomorrow morning 8 o'clock

Peter Johnston

Tuesday the 15th Court sat according to adjournment.

Present same judge as yesterday

Martin Dickenson adm., with the will awarded of Catherine Thompson, pltf
v
James McCraw, Deft
This day came again the plantiff by his attorney and also the defendant by his attorney who filed a general answer to the plantiff's declaration in which the plantiff joines he also [illegible] of the letters of administration with the will ann..... granted to the plantiff by the county court of Grayson which is read to him in the words figures following, towit: "Mitchell Thompson and the will am.... in the [line illegible] leave the defendant filed a second demur in writing in which the plantiff also joins the defendant by his attorney also filed their pleadings in writing to such which the plantiff by his attorney answered generally in which summons the defendant by his attorney joined and the argument thereof is defered until the next term untill which time this cause is continued.

William McNight v. John Collins in Trevor. By consent of the parties their [illegible] of reference is set aside and the cause continued.

Martin Dickenson clerk of this court entered into bond with approved security for the faithful accounting and paying the taxes on law process and other public means by him collected for the year ensuing the 1st day of September next which is ordered to be recorded.

The court doth make the following allowances to the officers of this court which are ordered to be certified to the auditor of public accounts, viz
William Vaughn, Sheriff, for public service since last May term, twenty dollars
James Anderson, jailor for public services since May Court last, thirty dollars
Martin Dickenson, clerk for public service since May term, thirty dollars
Benjamin Estill, prosecutor for the Commonwealth for public services since May term last one hundred dollars

James McCraw after pleading to the action brought against him by Martin Dickenson administrator with the will ann.... of Catherine Thompson in this court presented a petition to the court in these words to wit: "To the Honorable Peter Johnston &c, with an affidavit thereto annexed, which said petition was rejected by the court.

No further business appearing, ordered that court be adjourned untill next term.

Peter Johnston


October 1821

At a court begun and held for Grayson County on Monday the 15th day of October 1821.

Present, Peter Johnston, Esqr, Judge

The following persons were returned as grand jurors towit: Joshua Stoneman, foreman, John Robinson, Joshua Hanks, Samuel Amburn, Stephen Bourn, Jr., Stephen Hail, Jr., Churchwell Jones, Joseph Fields, Thomas Anderson, Jesse Brown, Samuel Cox, William Montgomery, John Snider, Allen Barbour, James Atkins, Alexander Atkins, Daniel Davis, Jabez Johnston, Ebenezer Lundy, James Carson, Joseph Elliott, & John Pool, who being sworn received a charge from the court and retired to consider of their presentments.

Thomas J. Michie and Harold Smyth gent., licensed to practice law in the courts of this commonwealth on their motion have leave to practice in this court whereupon they took the oath of fidelity to the Commonwealth, the oath of an attorney at law and an oath to support the constitution of the United States.

The Commonwealth, plantiff
v
William Lyon & Smith Buckley, defendants
Indictment for assault. The defendant William Lyon appeared by his attorney and plead not guilty to the indictment and for his trial put himself upon the country and the prosecutor for the Commonwealth likewise, and thereupon came a jury to wit: Jesse Williams, William Ward, Stephen Rudy, John Boyer, Lewis Brewer, George Harper, William Bedwell, Minitree Jones, Isaiah Austin, Crawford Phelps, William Williams and Isaac Moore who being sworn to try the issue aforesaid joined and having heard the evidence upon their [oaths] do say the defendant is guilty in manner and form as in the indictment against him is alleged, and they assess his fine to one dollar, whereupon it is considered by the court that the sd. Defendant forfeit and pay the Commonwealth the fine aforesaid by the jurors and the costs in this behalf expended & may be taken &c. And the defendant Smith Buckley still failing to appear, a capias is awarded against him directed to the sheriff of Wythe, returnable to next term.

The Commonwealth v. John Reeves indictment for an assault. The capias awarded in this cause being returned not executed, an alias capias is awarded returnable to next term.

The Commonwealth, pltf
v
John Parsons and Mary Roberts, defts, indictment for fornication
The defendant John Parsons appeared in court and confessed judgment for costs, and with leave of the court the prosecution for the Commonwealth [several words illegible] is dismissed against the defendant Mary Roberts.

The Commonwealth v. Jacob Boyer indictment for assault the defendnt appeared by his attorney required security for costs of the prosecution, whereupon John Landreth enters security for costs. The defendant plead not guilty to the indictment and for his trial put himself upon the country and the prosecutor for the Commonwealth likewise and the cause is continued till next term.

William McNight v. John Collins case on motion of the plantiff by his attorney and for reasons appearing to the court this cause is continued at his costs till next term.

John Cloud and Levi Johnston, witnesses called on by the Grand Jury were sworn in court and sent to the grand jury.

The Grand Jury returned into court and presented a bill of indictment against James Branscom for a misdemeanor, and a bill of indictment against Charles Lewis and Jane Hicks for fornication endorsed true bills and having nothing further to present were discharged.

Ordered that process issue the said indictments returnable to next term.

Martin Dickenson, adm. With the will annon of Catherine Thompson dec'd, plft, v. James McCraw, deft., in debt. This day came the parties by their attornies and matters of law arising on the service demurrs being fully argued and heard, it seems to the court here that the law is for the defendant, and it is further ordered that the defendant recover of the plantiff his costs about his defense in this behalf expended to be levided of the goods & chattels of his [illegible] in his lands administered if so much there be if not then to be levied of the goods and chattels of the said plantiff forthwith, oppion and judgment the plantiff prayed an appeal to the court of appeals which is granted upon his entering into bond with suffcient security in the penalty of $100 with condition as the law directs, which was done in court.

John & Abram Haws v. Moores administrator supersedas, continued.

John South v. Jacob Noblett case on motion of the defendant the cause is continued at his costs.

Ordered that court be adjourned untill tomorrow morning 10 o'clock

Peter Johnston

Tuesday the 16th Court sat according to adjournment

Present same judge as yesterday

Noah Greer & wife v. Isaiah Williams, case, not guilty, continued for the defendant

Samuel Pennington, pltf
v
Jacob Williams, Deft
Case. The defendant appeared by his attorney and filed his plea in writing and not guilty, and on his motion the cause is continued at his cost.

The Commonwealth v. William Edwards, indictment for an assault. The defendant appeared by his attorney and plead not guilty to the indictment and for his trial put himself upon the country and the prosecution for the Commonwealth likewise and the cause is continued till next term.

Isaiah Williams, plantiff
v
Noah Greer and Stephen Anderson, Defts, Case
John Woods came into court and undertook for the defendant Noah Greer that he shall pay and satisify judgment of the court in case he is cast or render his body to prison in execution for the same or that he the said John Woods will pay it for him whereupon the said defendant, filed a general demurrer to the plantiffs declaration and plead not guilty and the cause is continued and it is ordered that capias be awarded against the defendant Stephen Anderson and that on the execution thereof the sheriff be directed to take bail in the sum of five hundred dollars.

Charles Copeland v Samuel Robinett on supersedeas. The writ of restitution ordered at last term not being issued. It is now orderd that the said writ issue agreeable to the said order directed to the sheriff of Lee County returnable to next term.

John Leckright, pltf
v
Nimrod Newman, deft, ejectment
On motion of the plantiff, it is ordered that the surveyor of the county do go upon the land in controvsey on the 20th day of March next, if not Sunday, if Sunday the next daym, and continue from day to day till he shall survey and lay off and survey the same as either party shall require and return three fair plats and reports thereof to this court and that any one of justice of the peace this county attend and there meet them and examine and take the depositions of such witnesses as shall be produced by any of the parties, which to be returned with said plats and reports, and the sheriff of this county is to attend the said survey and remove fence if any should be offered.

The Court doth make the following allowances to the officers of this court for public services since last term, viz:

William Vaughn, Sheriff, for public services, ten dollars
James Anderson, Jailor for public services, fifteen dollars
Martin Dickenson, Clerk for public services, fifteen dollars
Benjamin Estill, prosecutor for the Commonwealth for public services this term, fifty dollars which are ordered to be certified to the auditor of public accounts.

Joshua Cox, asee of William Terrill, v. Samuel Cox, in debt, Samuel Cox, Jr. came into court and undertook for the defendant that he shall apy and satisfy the judgment of the court in case he is cast or render his body to prison in execution for the same or that he the said Samuel [Cox] Jr. will pay it for him.

No further business appearing, it is ordered that court be adjourned untill the first day of next term.

Peter Johnston


May 1822

At a Superior Court of law begun and held for Grayson County on Monday the 13th day of May 1822.

Present: Peter Johnston, Esqr., Judge

The following persons were returned as grand jurors towit: Joshua Stoneman, foreman, Joshua Hanks, Joseph Fields, James Kyle, Jabez Johnston, Samuel Cox, Abram Cooley, Andrew Hamton, Walter Payne, Thomas Anderson, Joshua Cox, Lewis Hail, Stephen Bourn, John Snider, James Dickey, Griggs Hamton, John Hail, Menoch Stone, Alexander Atkins, Jonathan Thomas, John Anderson, and William Bonham who being sworn received a charge from the court retired to consider of their presentments.

The Commonwealth v. Smith Buckley indictment for an assault. The process issued at last term not being returned executed. It is ordered that new process issue against the defendant directed to the sheriff of Wythe, returnable to next term and the cause is continued.

The Commonwealth v. John Reves indictment for an assault. The prosecutor for the Commonwealth with leave of the court enters a nole prosequi

The Commonwealth v. William Edwards, indictment for an assault, continued.


Note. This is as far as I copied records at this time, so that's all folks!