Since 1998 - Historical and Genealogical Resources
for the Upper New River Valley of North Carolina and
Virginia
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
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
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.
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.
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.
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
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
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
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
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
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.
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 o