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North Carolina Higher Court Minutes
Source: The Colonial Records - Higher Court Records (1697-1701)

 1698

March 8 1698.  A Negro Slave belonging to Mr. Thomas VANDERMULEN of the Precinct of Couratuck named Peter Indicted for feloniously murdering of Eliz. Wife of John BAKER of the Said Precinct. And he pleads Guilty. Ordered that the Said Negro Peter be carried to the place from whence he came and from thence to the place of Execution and there to be hanged by the Neck till he be dead and his body to be at the disposal of the Honorable the Deputy Governor.

Friday, March 25, 1698. The Court meet. Present Capt. Henderson WALKER, Mr. Jno. PORTER, Capt. Jno. HUNT, Jno. DURANT, Capt. Thomas LUTEN, Jno. HAWKING Esqr. Justices as aforesaid.

Presentment is made by the Grand Jury that Henry HAMOND of the precinct of Couratuck planter having not the fear of God etc. on the 2d day of February last past in the precinct aforesaid into and upon one Ship of War of our Soveraigne Lord the King called the Swift Advice beat upon the sea shoar in the precinct aforesaid by force of the Wind and Sea Driven and being of all her owne men deserted and forsaken with her Guns furniture stores habiliments of War and ensigns of our soveraigne Lord the King therin being remaining and standing With force and armes did Enter and the same did breake up Riffle and spoile and the Goods stores and armes of the said ship viz. One Musquett one Piston two swords of the value of forty shillings Nine pair of shoes five pair of Briches etc. to the value of fifty pound sterling Feloniusly did take steal and bear away against the peace etc. and against the forme of the statute. And the said Henry HAMOND arraigned herof saith that he is not Guilty and Casts himselfe upon His Country and Mr. Rich. PLATER who prosecuteth on behalfe of our soveraigne Lord the King likewise.  And the Marshall having Impannelled Mr. Nicolas CRISPE, Mr. Jno. WHIDBY, Thomas HASKINS, Capt. Jno. STEPNY, William JENINGS, Thomas DURANT, William LONG, Thomas BARKOCK, Jno. UPTON, Christopher BALES, Jno. BALES, Philip TOCKSEY, they being sworne to give true verdict in the premises say upon the holy evangelist say that the said Henry HAMOND is not Guilty of the felony in the above written Indictment specified and there being noe further Information made against him Ordered that Henry HAMOND be discharged paying his Fees.

Presentment is made by the Grand jury that Thomas YOUNG of the precinct of Couratuck planter having not the fear of God etc. on the 2d day of February last etc. in and upon one Ship of War of our soveraigne Lord the King called etc. with force and armes did enter and the same did breake up spoile and Rifle and the Goods stores and armes to the said ship belonging that is to say two Musquetts one pistol to the value of thirty shillings thirteen pair of shoes four pair of stockins three pair of Briches etc. to the value of threescore pound sterling feloniously did steal take and bear away against the peace etc. and against the forme etc. upon which the said Thomas YOUNG being areigned saith that he is not Guilty and Casteth himselfe upon his Country And to try this Issue there came Joseph CHEW, Abraham LEWIS, Stephen VINCENT, Rich. MADREN, Robert TEMPLE, Griffen GREY, Geo. HARRIS, William LUFMAN, Francis COFFEN, Jno. WATTS, Thomas SWAN, JonathanN TAYLOR Impanelled by the provost Mashall who being sworne to give a true verdict in the premises upon the Holy evangelist say that the said Thomas YOUNG is guilty of the felony wherof he stands Indicted.  And the said Thomas YOUNG prayeth the benifitt of his Clergy which being Granted and he Reads whereupon Ordered that the said ThomasS YOUNG be burned in the hand on the brawn of the Left Thum with a hott Iron with the Letter T on the Iron and that he remain in Custody till he shall find good and sufficient security for his appearance before this Court on Munday next. And pay his Fees.      

Presentment is made that Patrick MACCOON of the precinct of Couratuck having not the fear of God etc. on or about the fifth day of February in the precinct of Couratuck aforesaid in and upon one ship of War of our Souveraigne Lord the King called etc with force and armes did enter and the stores furniture therof that is to say one Rug one pair of Drawers two pair of Wollen Briches etc. to the value of threescore shillings feloniously did take steal and bear away against the peace of our soveraigne Lord the King and against the forme of the statute etc. upon which the said Patrick MACCOON being areigned sayeth that he is not Guilty and casteth himselfe upon his Country etc.  And to try this there came Mr. Joseph CHEW, Abraham LEWIS, Stephen VINCENT, Rich. MADREN, Robert TEMPLE, Griffen GREY, George HARRIS, William LUFMAN, Francis COFFEN, Jno. WATTS, Thomas SWANN, Jonathan TAYLOR by the provost Marshall Impanelled, and to give a true verdict in the premises sworne upon the Holy evangelist say he is not Guilty of the felony wherof he stands Indicted and Noe further Information being brought in against him Ordered that Patrick MACCOON be discharged paying his Fees.

Presentment being made by the Grand Jury that Jno. WARREN of the precinct of Couratuck planter having not the fear of God etc. in the moneth of February last in the precinct aforesaid in and upon one Ship of War of our soveraigne Lord the King etc. upon the sea shoar etc. and of her owne men deserted etc. with force and armes did enter and the goods stores and furniture therof viz. one hatchet two Ruggs two bed ticks two hammocks seaven pair of Briches etc. to the value of ten pound sterling feloniously did take steal and bear away against the peace of our soveraigne Lord the King and against the forme of the statute etc. Upon which the said Jno. WARREN being areigned saith that he is not Guilty and casts himselfe upon his Country And the Marshall having impannelled for the tryall of this issue Mr. Joseph CHEW, Abraham LEWIS, Stephen VINCENT, Richard MADREN, Robert TEMPLE, Griffen GREY, George HARRIS, William LUFMAN, Francis COFFEN, Jno. WATTS, Thomas SWAN, Jonathan TAYLOR who accordingly came and to Give a true verdict in the premises being sworne upon the holy evangelist say he is not Guilty of the felony wherof he stands Indicted And there being no further Information made against him Ordered that he remaine in Custody of the Marshall till he shall become bound with good security for his appearance the next Generall Court and for his good abearance in the mean time and that he pay his fees.

Presentment is made by the Grand Jury that Roger SNELL of the precinct of Couratuck having not the fear of God etc. on the 2d of February last in and upon one ship of War of our Soveraigne Lord the King etc. and of her owne men deserted with force and armes did Enter and the same did breake up spoil and Rifle and the Goods stores and furniture of the said ship viz. three White sherts one sheet three pair of stockins four pair of shoes one Gown and petticoat etc. to the value of Threescore pound sterling did feloniously take steal and bear away against the peace of our soveraigne Lord the King and against the forme of the statute in that case etc. Wherupon the said Roger SNELL being areigned saith he is not Guilty and casts himselfe upon his Country and for the tryall herof the Marshall having impaneled Nicolas CRISP, Jno. WHITBY, Thomas HASKINS, Robert LOWRY, William JENINGS, Thomas DURANT, William LONG, Thomas BARCOCK, John UPTON, Christopher BALES, Jno. BAILES, Philip TOCKSEY they came and to give a true verdict being sworne upon the holy Evangilist say he is guilty of the felony wherof he stands indicted and the said Roger SNELL craves the benifitt of his Clergy which is granted and he Reads. Ordered that the said Roger SNELL be burnt in the brawn of the Left Thumb with a hott Iron having on it the Letter T and that he pay Fees.

And upon the humble petition of the said Roger SNELL and upon consideration had of his very grievous sickness and weakness of Body the above written Judgment is suspended and he there from reprieved until the first Generall Court that shall be holden for this Government in the year of our Lord 1699. And the said Roger SNELL doth hereby acknowledge himselfe bound to his Excellency the Palatine and Lords proprietors in the sum of twenty pound sterling to be Levyed of his Goods and Chattells and Mr. Thomas DURANT and Mr. Hugh CAMPBELL doe undertake on behalfe of the said Roger SNELL each severally in the sum of ten pound to be Levyed as aforesaid for the use of his Excellency the Palatine and Lords proprietors their heirs and successors. The Condition of this recognizance is such that if the said Roger SNELL shall personally appear at the first Generall Court to be holden for this Government in the year of our Lord 1699 to doe and receive what shall be by the said Court injoyned him then this recognizance to be void.

Saturday, March the 26th 1698.  Presentment is made by the Grand Jury that Jno. SNELL of the precinct of Couratuck planter having not the fear of God etc. on the 2d day of February last in the precinct aforesaid in and upon one ship of War of our soveraigne Lord the King etc. And of her own men deserted with force and armes did enter and the same did breake up rifle and spoil viz four shirts a pair of stockins a gown and petticoat one coat one blanket etc. to the value of forty shillings feloniously did take steall and bear away against the peace of our soveraigne Lord the King and against the forme of the statute etc. Wherupon the said Jno. SNELL being areigned saith that he is not guilty and casteth himselfe upon the Country And the marshall Impanelleth for the Tryall herof Joseph CHEW, Abraham LEWIS, Stephen VINCENT, Rich. MADREN, Robert TEMPLE, Griffen GREY, George HARRIS, William LUFMAN, Francis COFFEN, Jno. WATTS, Jonathan TAYLOR, Evin JONES, who came and to give a true verdict sworne upon the Holy Evangilist say he is not guilty of the felony wherof he stands Indicted. Ordered that John SNELL be discharged paying his Fees.

Presentment is made by the Grand Jury that Charles an Indian belonging to Mr. Jacob PETERSON of the precinct of Pequimons having not the fear of God etc. on or about the eighth day of February last in the precinct of Couratuck one pistol one musqett of the value of twenty shillings and severall other Goods to the value of thirty shillings of and from one ship of War of our soveraigne Lord the King in the precinct of Couratuck aforesaid on the sea shoar etc. and of her owne men deserted etc. with force and armes did take steal and Carry away for tryall of whom the Marshall having impaneled Nicolas CRISPE, John WHITBY, Thomas HASKINS, Robert LOWRY, William JENING, Thomas DURANT, William LONG, Thomas BARKCOCK, Jno. UPTON, Christopher BALES, Jno. BALES, Philip TOCKSEY who came and a true verdict to give being sworne upon the holy Evangilists say that the said Charles is not Guilty of the felony wherof he stands Indicted. Ordered that the said Charles be discharged if his Master shall pay his fees.

Presentment is made by the Grand Jury than An JOHNSON Wife of Henry JOHNSON of Couratuck having not the fear of God etc. and being aided and assisted by Tony a negroe belonging Capt. Anthony DAWSON in the moneth of February last in the precinct aforesaid one shirt and two pair of stockins to the value of Nine pence of and from one ship of War of our soveraigne Lord the King on the sea shoar in the precinct aforesaid and of her owne men deserted with force and armes did feloniously take steal and bear away against the peace of our soveraigne Lord the King and against etc. whereupon the said An JOHNSON being areigned saith that shee is not Guilty and Casts herselfe upon her Country and for tryall herof the Marshall hath Impanelled Joseph CHEW, Abraham LEWIS, Stephen VINCENT, Rich. MADREN, Robert TEMPLE, Griffen GREY, GeorgeE HARRIS, William LUFMAN, Francis COFFEN, Jno. WATTS, Jonathan TAYLOR who came and a true verdict to give being sworne upon the holy evangelist say that the said An JOHNSON is not Guilty of the felony wherof she stands Indicted. Ordered that the said An JOHNSON be discharged paying her Fees.

Presentment is made by the Grand Jury that Capt. Anthony DAWSON of the precinct of Pequimons with severall others to the Jurors unknowne having not the fear of God before his eyes and his allegiance to our Soveraigne Lord the King not regarding but moved by etc. upon the fourth day of February last past in the precinct of Couratuck into and upon one ship of War of our soveraigne Lord the King on the sea shoar in the precinct aforesaid by the force of the Wind and sea Driven and being and of all her owne men deserted and forsaken with her Guns furniture stores habiliments of War and Ensignes of our Soveraigne Lord the King theron being etc. with force and Armes did enter and the same with all her sailes Rigging apparel furniture and stores into his possession did take and with force and armes did hold and the armes stores victuals that is to say two Firkins of Butter two Cheeses two Casks of vinager to the value of forty shillings with many other etc. did feloniously Imbezell purloyne and convey away against the peace of our Soveraigne Lord the King and against the forme of the statute etc. And the said Capt. Anthony DAWSON areigned saith that he is not Guilty and Casts himselfe upon his County And Mr. Richard PLATER who prosecutes on behalfe of our soveraigne Lord the King Likewise And the marshall for the Tryall herof hath Impanelled Capt. Jno. STEPNY, Cornelius JONES, George KINGERLY, Luke HAMOND, Jenkin WILLIAMS, Pa. KENIDAY, Jno. REVELY, Francis PENRISE, Francis BATESON, Hugh PRICHARD, Jno. WILLOUGHBY, William COLLINGS who alsoe came and to give a true verdict in the premises being sworne upon the Holy evangelist say that the said Capt. Anthony DAWSON is Guilty of the felony wherof he stands Indicted Wherupon Ordered that Capt. Anthony DAWSON be carried back to the place from whence he came and from thence to the place of Execution and there be hanged by the neck till he be dead.

And the said Anthony DAWSON in humble maner prayeth that he may be reprieved from this sentence and be transported to some of his Majestys plantations beyond the sea Wherupon it is ordered that the said Capt. Anthony DAWSON be reprieved from the said sentence of Death for and until the 26th day of May next and that at or before that time that he be transported out of the Province of N. Carolina into some one of his Majestys plantations beyone the seas alias.

Information being made upon Oath that Mr. Richard SANDERSON JUNIOR was [an aider] of those that rifled defaced and broke up his Majestys ship Ordered that the Marshall take into Custody the body of the said Richard SANDERSON and him in safe Custody to detain until he shall become bound with Good security for his appearance before this Court on Munday next to answer what shall on his Majestys behalfe be alleged against him and for his Good abearance in the mean time.

And the said Rich. SANDERSON acknowledgeth himselfe bound to his  Excellency the palatine and Lords proprietors in the penalty of forty pound sterling to be levied upon his Goods and Chattels Lands and tenements. And the honorable Richard SANDERSON Esqr. Undertaketh on behalfe of the said Rich. SANDERSON the younger in the penalty of twenty pound sterling to be Levied as aforesaid that he the said Rich. SANDERSON the younger shall personally appear before his Honorable Court on Munday next to answer what shall on his Majestys behalfe be alleged against him and that he shall be of Good abearance in the mean time.

Further Information being made against Henry HAMOND Ordered that the said Henry HAMOND remain and be detained in Custody of the Marshall till he shall find good security for his appearance Before this Court on Munday next to answer what shall on behalfe of his Majesty be alleged against him and be of Good behaviour in the mean time.

Munday, March the 28 1698. Court Meet. Present the Honorable Capt. Henderson WALKER, Jno. PORTER, Capt. Thomas LUTEN, Jno. HAWKINS Esqr. Justices

Ordered that the provost Marshall deliver up to the Comander of his Majestys ship Swift all goods or stores which he hath taken into his Custody belonging to the same.

May the 4th.  Court Meet. Present: Capt. Henderson WALKER, Capt. Jno. HUNT, Capt. Thomas LUTEN, Mr. Jno. HAWKINS, Mr. Jno. DURANT Justices.

Presentment is made by the Grand Jury last Generall Court against Capt. Anthony DAWSON of the Precinct of Pequimons David BLAKE, Thomas YOUNG, Henry HAMOND of the precinct of Couratuck One Indian of Jacob PETERSON and One Negro of the said Capt. Anthony DAWSON for and that they on the fourth of February last past in the precinct of Couratuck aforesaid in and upon one ship of War of our Soveraigne Lord the King on the Sea Shoar in the precinct of Couratuck aforesaid by force of the Wind and Sea driven and being and of all her owne men deserted with her Guns armes furniture stores Sailes Rigging and apparel habiliments of War and Ensignes of our Soveraigne Lord the King theron being remaining and standing with force and arms did enter and Maliciously advisedly and Wickedly contrive consult plot and conspire the said ship utterly to demolish burne and destroy which to perpetrate and accomplish on the sixth day of February aforesaid the Ensignes of our Soveraigne Lord the King upon the said ship being and standing did Pull downe and remove and the sailes Rigging and ornaments did spoil and deface and her Hul and bottom did cut and the said ship did with one great Gun shoote through etc. Upon which the said Henry HAMOND, Thomas YOUNG and the said Negroe were arraigned and all of them Severally pleaded not Guilty and cast themselves upon the Country And the Marshall is required to cause to come twelve true and lawfull men etc and by whom the truth may be tried and there came Mr. Jno. WHIDBY, Jno. JONES SENIOR, William CARTWRIGHT, Richard MADREN, Henry SAWYER, Rowland BUKLEY, William WINDBERY, David PRICHARD, Charles TAYLOR, Jno. JONES JUNIOR, Jno. LUMBROZIER, Jno. MORGAN, who impaneled and sworne and having in Charge Given to enquire whether the said Henry HAMOND be Guilty of the misdemeanor wherof he is Indicted Say he is not Guilty and the said Jurors being sworne and having in Charge to enquire whether the said Thomas YOUNG be Guilty of the misdemeanor wherof he is Indicted Say he is not Guilty and the said Jurors sworne and having in Charge to enquire if the said Negroe be Guilty of the Misdemeanor wherof he stands Indicted Say he is guilty of firing the Gun.

Ordered that the Marshall hold the said Henry HAMOND in Safe Custody till he shall find good security for his good behaviour for one Whole year and pay Costs. And the said Henry HAMOND on his owne Behalfe and Mr. Robert WALLIS on behalfe of the said HAMOND oblige themselves jointly and Severally their heires Executors and Administrators in the penal sum of fifty pound sterling to be paid to his Excellency the Palatine and Lords proprietors that the said Henry HAMOND shall well behave himselfe towards our soveraigne Lord the King and all his Leige people for the space of one whole year and shall pay Costs.

Ordered that the said Tho. YOUNG be discharged paying his Costs.  And Mrs. Eliz. GODFREY and Simon TRUMBALL jointly and severally oblige themselves to pay the said Thomas YOUNGs fees.

Ordered that the said Negroe be punished by receiving thirty one stripes on his bare Back during the Courts Sitting and pay Costs.

Mr. Rich. SANDERSON the Younger being bound over to apper att this Court makes his appearance and is discharged.

Crown v. SANDERSON

Mr. RICH. SANDERSON the Younger having been detained a prisoner on suspicion of having been Concerned in the Rifling and spoiling His Majesties ship Swift Advice boat humbly prayeth that if any thing be heard against him he may be brought to tryall or else discharged from his imprisonment and shall pray.

Permission kindly given by Donna E. Kelly, Administrator Historical Publications Section N.C. Office of Archives and History Department of Cultural Resources, Raleigh, NC.  Be sure to visit their publications site at: www.ncpublications.com.  These records were submitted by Judy BrickhouseNo part of these records may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research.

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2007 Kay Midgett Sheppard