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North Carolina Higher Court Minutes
Source: NC Higher Court Minutes; Vol. 5. (1709-1723)
Abstracted by Wm. S. Price from North Carolina Colonial Records (Second Series)

March 1721

Dominus Rex vs. BOWRING and TUCKER

North Carolina Ss.

Att a Generall Court of Oyer and Terminer continued and held for the said Province at the Generall Court house at Queen Ann’s Creek in Chowan Precinct the 30th day of March 1721 and Continued to the 4 Aprill. Present the Honorable Frederick JONES Esqr. Ch. Justice Jno. BLOUNT Thos. MILLER Jno. WORLEY Thos. POLLOCK JUNIOR Esqrs.

The Grand Jury are Impannell’d and Sworn. Thos. BETTERLEY Foreman. Jams. FARLOW, Wm. HAVETT, Wm. WILLSON, Wm. STEWART, Samll. BERNARD, Jno. RASBERRY, Griffeth JONES, Wm. CHARLETON, Isac. HILL, Nics. HUNTER, Jams. WILLIAMSON, Thos. ROUNDTREE, Josp. SANDERSON, Hen. WOODHOUSE, Wm. LEARY, John ALLSTON, Wm. JONES.

To the Honorable Fred. JONES Esqr. Ch. Justice and to the rest of the Justices for holding the Generall Court of the Province of North Carolina.

The Jurors for our Sovereign Lord the King Present that Joseph BOWRING and Robert TUCKER late of Currytuck in the said Province Yeomen, not having the Fear of God before his Eyes but being stirr’d up and seduced by the Instigation of the Devil on the 20th of Janry. 1720 at Currytuck aforesaid by Force and Armes in and upon one John FANSHAW in the Peace of God and our Lord the King then and there being an Assault did make and the said John FANSHAW did Violently beat and bruise throwing him severall times down and dashing his head and breast against the floor and so voluntarily feloniously and of Malice Forethought the said John FANSHAW at Currytuck aforesaid beat and wounded particularly in his head breast and stomach in such violent manner that of the said wound he the said FANSHAW did pine and lanquish untill the 23d day of the same month and on the 23d day of the said Month at Currytuck of the aforesaid maiming and mortall wounding did Dye. And so the aforesaid Jurors on their oaths do say that the aforesaid Jos. BOWRING and Robert TUCKER on the aforesaid 23d day of Janry. At Currytuck aforesaid the said John FANSHAW in manner and form as aforesaid and of Malice forethought did willfully and felloniously kill and Murther Contrary to the Peace our Lord the King his Crown and Dignity.

Which Bill of Indictment is return’d by the Grand Jury Ignoramus Notwithstanding the Court are of Opinion that the said BOWRING and TUCKER give Security for their good behaviour.

James BELL on the behalf of Josph. BOWRING and Levi MARKHAM on the behalf of Robert TUCKER acknowledged themselves indebted to our Sovereign Lord the King that now is his Heirs and Successors in the Summ of Ten Pounds each and Jos. BOWRING and Robert TUCKER in the summ of Twenty Pound each to be levyed upon their severall goods and chattells lands and tenements with condition that if the said Josph. BOWRING and Robert TUCKER do well behave themselves towards his Majesty and all his Leige People for Six months coming then the before Recognizance to be Void otherwise to remain in full force and Vertue.

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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© 2006 Kay Midgett Sheppard