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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 1722

PEYTON vs. SWANN

 (Torn) And how here at this day (videlicet etc) came the said Robert PEYTON by Danl. RICHARDSON his Attorney to prosecute his Suite against Thos. SWANN for speaking uttering divers false and scandalous words (to wit) that he meaning the said Robt. (torn) and speaking of him as he had serv’d as foreman of a Jury in Curratuck (torn) as forsworne and made the rest of the Jury forswear (torn) from which said false and infamous words the said PEYTON saith that (torn) the sum of One Hundred Pounds and therefore brings this Suite etc.

And the said Thos. SWANN in his own proper person (torn) defends the force and injury when etc. and for plea says that the said PEYTON his (torn) said against him the said SWANN ought not to have and Maintaine and for (torn) of produce here in Court a Certificate under the Coloney Seale of his Majesties (Dominion) of Virginia whereby the said PEYTON appears to be Outlawed by the Generall Court Of the said Province and the Plaintiffe pray leave to discontinue this Suit. Therefore it is consider’d that the said PEYTON may goe from hence in mercy and the said SWANN may goe without day and that the said PEYTON pay Costs alias Execution.

Upon petition of John PENNY praying to be allow’d for his Attendance in the said Suite order’d that Robt. PEYTON pay to John PENNY one pound eight shillings and four pence with Costs alias Execution.

CLAYTON vs. CHAROONs

Henry CLAYTON Esqr. Complains against James CHAROON and John CHAROON in custody, etc. of a plea that the defendante render to the Plaintiffe the Sum of Thirty Pounds which to him they owe and unjustly do detain for that videlicet that whereas in and by an Act of Assembly holden at the house of Captain Richard SANDERSON at Little River on the Seventeenth day of November One Thousand Seven hundred and Fifteen and continued by severall adjournments to the nineteenth day of Janry. Following entituled an Act to appoynt the marking horses cattell and hoggs and prevent injurys being done by killing mismarking driving away or destroying peoples stocks among other things it is enacted that if any person or persons shall take up kill mark or brand or alter or deface the mark or marks brand or brands of any horses cattle or hogs properly their own and be thereof Lawfully Convict by the Oath or Testimony of any one Credible Wittness he or they shall forfeit for every horse Mare Colt Neat Cattle Etc. So taken up killed marked or branded mismarked or misbranded altered or defaced the sum of Ten Pounds over and above the value of such horse mare colt neat cattell or hogs one half to the owner and the other halfe to him or them that shall Sue for the same to be recover’d by action of debt bill plaint or Information in any Court of record within this Government.

Now the Plaintiffe in fact saith that the act aforesaid notwithstanding the said James CHAROON and John CHAROON did on or about the tenth day of may One Thousand Seven Hundred and Nineteen did take up and drive away a certain Grey Mare with a White Mane marked or branded with “EG” commonly called the White mane’d Mare on the sand Banks near Curratuck the said mare not being properly their own mare whereby they have incur’d the penalty of the said Act and forfeit the sum of Ten Pounds over and above the value of the said mare which mare was of the price of twenty pounds and the said Henry CLAYTON being the proper owner of the said mare action hath thereby accrued to him to have and recover of the defendante’s the whole sum of thirty Pounds being ten Pounds over and above the value of the said mare which nevertheless the defendante unjustly neglect and refuse to the plaintiffe to pay tho often requested to the Plaintiffs damage thirty pounds and therefore he brings this suite etc.
    W. LITTLE per Plaintiffe

And the said James CHAROON and John CHAROON (being solemnly called) came not and the Marshall having made returne that he had left a copy of the Writt and Declaration at the Defendante’s houses as directed by an Act of Assembly in that Case made and provided.

<Attachment> It is therefore granted at the plaintiffe’s Motion that an Attachment be Issued out against the Goods and Chattells of the said CHARROONs thereby to Compell them to appear and answer the suite of the said CLAYTON returnable to the next Court to be holden at Edenton on Queens Anns Creek the last Tuesday in July next.

 

Dominus Rex vs. CALLIHAN

North Carolina Ss.

Danll. RICHARDSON Esqr. his Majesties Attorney General came to prosecute the Bill of Indictment against Patrick CALLIHAN for the Murder of Henry DAVIS (in haec Verba) Videlicet.

The Jurors of Our Sovereign Lord the King Presents that Patrick CALLIHAN late of Curratuck precinct in the County of Albemarle Planter not having the fear of God before his Eyes but being moved and seduced by the Instigation of the Devill on the One and Twentieth day of August in the year of our Lord One thousand Seven hundred and Twenty and one at Curratuck aforesaid in and upon one Henry DAVIS in the peace of God and our Lord the King then and there being by force and Armes an Assault did make and the said Henry DAVIS did beat Cutt and bruise by giving and Striking him two Mortall blows and Cutts on the head with a certain Weapon called a Cymeter or Cuttlash of the value of one Shilling and So voluntarily feloniously and of Malice forethought the Said Henry DAVIS at Curratuck aforesaid beat Cutt and wounded particularly on or about his head in Such violent that of the said Mortall blows Cutts and Wounds he pined and lanquished untill the five and Twentieth day of the Same Month and on the five and twentieth day of the Same Month of August at Curratuck of the aforesaid beating Cutting and wounding did die and So the Said Jurors on their Oaths doe say that the aforesaid Patrick CALLIHAN on the aforesaid five and twentieth day of August at Curratuck aforesaid in manner and form as aforesaid and of malice fore thought did feloniously and willfully Kill and murder contrary to the peace of Our Sovereign Lord the King that now is his Royal Crown and dignity etc.
    Danll. RICHARDSON pro domino Rege.

Plea: Upon which Indictment the said Patrick CALLIHAN was arraigned and upon his Arraignment Pleaded not Guilty and for tryall thereof put himself upon God and the Country.

Jurors: Whereupon the Marshall was Commanded to cause to come twelve etc. by whom etc. who neither etc. and there came videlicet Henry BONNER, William BONNER, Francis BRANCH, Jacob BLOUNT, Wm. HAUGHTON, Thos. YATES and Edward WINGATE, Constance LUTON, Edward PATCHETT, William YATES, Richard WILLSON, Willm. ALDEN.

Verdict: Who being Impannel’d and Sworne Say Wee of the Jury find Patrick CALLIHAN is guilty of Manslaughter then the said CALLIHAN being asked if he had any thing to Say why Sentence Should not pass against him as the Law in that case had provided and he offering nothing in avoydance thereof.

Sentence:  Whereupon It is consider’d and Adjudg’d that the said CALLIHAN be burn’t in the hand with the Letter (M) that he forfeit all his goods and Chattells for ever and the profitts of his Lands for a Year and a Day also that he become bound by Recognizance in the Sum of two hundred pounds with two Sureties in an hundred pounds Each for his Good behaviour for a Year and a day and that he remain in the Marshalls Custody till he has given Such Security and paid the Accruing Costs.

Memorandum: that part of the Sentence of burning in the hand was Executed upon the said CALLIHAN in open Court, And then it was further Order’d that the Provost Marshall doe Seize and take into his custody all the personall Estate of the said CALLIHAN wherever to be found in this Government and that he out of the said Estate doe pay all the Accruing Costs occasion’d by his prosecution and Apprehension as farr his goods will amount and that he pay the remainder (if any) to the Receiver General to the Use of the Lords Proprietors as Grantees from the Crowne.

Dominus Rex vs. MACCOY

Danl. RICHARDSON Esqr. his Majesties Attorney General came to prosecute the Bill of Indictment found by the Grand Jury against William MACCOY for the Murder of John PALMER (in haec verba) Videlicet.

No. Carolina Ss.

To the Honorable Christophr. GALE Esqr. Chief Justice for this Province and to the rest of the Justices for the holding the General Court thereof.

The Jurors of Our sovereign Lord the King upon their Oaths present That William MACCOY late of Curratuck precinct in the County of Albemarle and Province aforesaid not having the fear of God before his Eyes but Stirred up and Seduced by the Instigation of the Devil on the eighth day of December Anno Domini One thousand Seven hundred twenty One at Curratuck aforesaid by force and armes in and upon one John PALMER in the peace of God and our Lord the King then and there being an Assault did make and the said John PALMER did violently beat bruise and wound with Clubbs Sticks Staves and other weapons and Soe voluntarily feloniously and of malice forethought the said John PALMER at Curratuck aforesaid did beat bruise and wound in Such violent manner that of the aforesaid Mortall blows bruises and wounds he pined and lanquished untill the eighteenth day of the Same Month of December and on the eighteenth of December aforesaid at Curratuck aforesaid of the aforesaid mortall beating bruising and wounding did die and Soe the aforesaid Jurors on their oathes doe Say that the aforesaid Wm. MACCOY on the aforesaid Eighteenth day of December at Currituck aforesaid the said John PALMER in manner and form as aforesaid and of malice fore thought feloniously and willfully did kill and murder contrary to the peace of our Said Sovereign Lord the King that now is his Crown and Dignity etc.
    Danll. RICHARDSON pro Domino Rege.

Plea:  Upon which Indictment the said William MACCOY was Arraigned and upon his Arraignment pleaded not Guilty and for tryall thereof putt himself upon God and the Country.

Jurors:  Whereupon the Marshall was Commanded to cause to come twelve etc. by whom etc. and who neither etc. and there came Videlicet Henry BONNER, William BONNER, Jacob BLOUNT, Wm. HAUGHTON, Thos. YATES, Constance LUTON, and Edward WINGATE, Edward PATCHETT, William ALDEN, Samuel WAGNER, Edward STANDEN, William CHARLTON JUNIOR.

Verdict:  Who being Impannell’d and Sworne Say That the said William MACCOY is not Guilty of the felony and Murder whereof he Stood Indicted.

Dominus Rex vs. WMSON & MACCOY

Danl. RICHARDSON Esqr. his Majesties Attorney General came to prosecute the Bill of Indictment found by the Grand Jury against Charles WILLIAMSON and William MACCOY  for the murder of Salmon BURGES (in haec verba) videlicet.

No. Carolina Ss.

To the Honorable Christophr. GALE Esqr. Chief Justice for this Province and to the rest of the Justices for the holding the Generall Court thereof,

The Jurors of Our Sovereign Lord the King upon their Oaths present that Charles WILLIAMSON late of Princes Anne County in the province of Virginia and William MACCOY late of Curratuck precinct in the County of Albemarle in this Province of North Carolina not having the fear of God before their Eyes but Stirred up and Seduced by the Instigation of the Devil of the eighth day of December Anno Domini One Thousand Seven hundred Twenty and One at Curratuck aforesaid by force and Armes in and upon one Salmon BURGES late of Curratuck aforesaid in the peace of God and Our Lord the King then and there being An Assault did make and the said Salmon BURGES did beat bruise and wound with Clubbs Sticks Staves and other weapons and So voluntarily feloniously and of Malice fore thought the said Salmon BURGES at Curratuck aforesaid did beat bruise and wound in Such violent manner that of the aforesaid blows bruises and wounds he pined and lanquished untill the three and twentieth day of the Same month of December And on the said three and twentieth day of December at Curratuck aforesaid of the aforesaid mortall beating bruising and wounding did die and So the aforesaid Jurors on their Oaths doe Say that the aforesaid Charles WILLIAMSON and William MACCOY on the aforesaid three and twentieth day of December at Curratuck aforesaid the said Salmon BURGES in manner and form as aforesaid and of Malice aforethought feloniously and willfully did kill and Murder Contrary to the peace of Our Said Sovereign Lord the King that now is his Royall Crown and Dignity etc.
    Danl. RICHARDSON pro Domino Rege.

Plea: Upon which Indictment they were Arraigned and upon their Arraignment Severally pleaded Not Guilty And for tryall thereof putt themselves upon God and the Country.

Jurors: Whereupon the Marshall was Commanded to cause to come twelve etc, by whom etc. who neither etc. and there came Videlicet Henry BONNER, William BONNER, Jacob BLOUNT, Willm. HAUGHTON, Thomas YATES, Constance LUTON, Edward WINGATE, Edward PATCHETT, William ALDEN, Saml. WARNER, Edward STANDEN, William CHARLTON.

Verdict:  Who being Impannel’d and Sworne Say That the Said Charles WILLIAMSON and Wm. MACCOY are not Guilty of the Felony and Murder whereof they Stood Indicted.

Sentence. Judgment for Security:  It is therefore Consider’d by the Court that the said Charles WILLIAMSON doe Give Security for his good behaviour for a Year and a Day himself in the Sum of One hundred pounds with two Sureties in the Sum of Fiffty pounds Each and that he continue in the Marshalls Custody till he has given Such Security and paid all the costs accruing by this prosecution.

Likewise that William MACCOY doe give Security for his good behaviour for a Year and a Day himself in the Sum of Two hundred pounds with two Sureties in the Sum of One hundred pounds Each and that he continue in the Marshalls Custody till he have given Such Security and paid all the Costs accruing by this Prosecution.

MACCOYS Recognizances:  And then the Said William MACCOY acknowledged himself to be indebted to Our Sovereign Lord the King his heirs and Successors in the Sum of Two hundred Pounds and Dennis RYORDEN and Danl. GUTHRIE both of the precinct of Curratuck planters in the Sum of One hundred Pounds Each to be levyed on their Severall Goods and Chattells Lands and Tenements etc.

With Condition that if the said William MACCOY shall and doe well and truly behave himselfe towards his Majestie and all his leige people for a Year and a Day then the Above recognizance to be Voyd otherwise to be and remain in full force and Virtue.

Dominus Rex vs. CALLIHAN

Danl. RICHARDSON Esqr. his Majesties Attorney Generall came to prosecute the Bill of Indictment found by the Grand Jury against Patrick CALLIHAN for an Escape (in haec Verba) Videlicet.

North Carolina Ss.

To the Honorable Christopher GALE Esqr. Chief Justice of this Province and to the rest of the Justices for holding the General Court thereof.

The Jurors for our Sovereign Lord the King upon their Oaths present That Patrick CALLIHAN late of Curratuck precinct in the County of Albemarle Planter was arrested for the Murder of Henry DAVIS late of the Same precinct and afterwards Videlicet the Sixth day of August Anno Domini One thousand Seven hundred and Twenty One at pasquotank precinct in the Same County by John FURRY Esqr. Justice of Our Said Lord the King for keeping the peace in the precinct of Pasquotank and County aforesaid was committed into the Custody of Major Thos. HARVEY then Provost Marshall for the said County of Albemarle and having in his Custody the aforesaid Patrick CALLIHAN for the Murder afore said within a very short time after his Said Commitment by force and Armes out of the Custody of the said Major Thomas HARVEY and against the Will and knowledge of the said Thomas HARVEY feloniously did gett and goe and from him did escape and fly out of the view and Sight of the said Thomas HARVEY against the peace of Our Sovereign Lord the King that now is his Royall Crown and Dignity etc.
    Danll. RICHARDSON pro Domino Rege.

Plea 2d. Plea. Judgment:  Upon which Indictment the said Patrick CALLIHAN was Arraigned and upon his Arraignment pleaded not Guilty but being a Second time called to the Barr in Order to his Tryall he prayed leave to withdraw his plea which being Granted him he then pleaded Guilty as to the Escape and humbly moved the Court that he might be heard by his Councill as to the Felony And the Same being argued by his Councill and likewise by the Attorney General on behalfe of the King The Court here is of Opinion that he is Guilty of Misdemeanour only.

Sentence:  Whereupon it was Consider’d and Sentence was Pronounced that he Should be publickly whip’t and receive nineteen lashes on his bare Back well laid on.

BRYANT for Theft

Mathew BRYANT being brought into Court for Stealing a Lamb belonging to Thomas MATHEWS confessed the Same and he appearing to have been Soe very drunk at the time of the Fact committed as to be Scarce capable of knowing what he did (and being very aged) It is Consider’d by the Court that he be carryed hence to the publick whipping Post and have his hands putt in the Bilbows and that afterwards he be sett in the Stocks for being drunk.

HAIRBOTTLE’s Scire Facias

John HAIRBOTTLE being bound by Recognizance in the Sum of One hundred pounds Sterling to appear and give evidence in behalfe of Our Sovereign Lord the King against Wm. MACCOY for the Murder of John PALMER being Solemnly call’d came not It is therefore Order’d that a Scire facias doe Issue out commanding him to appear at our next Court to show cause (if any he was) why the said Recognizance should not be declared Forfeited.

Complaint vs. FRYLEY

William FRYLEY being brought before this Court for feloniously stealing from One Edward MURRAY one pair of Mittens to the Value of ten pence came and acknowledged himself to be indebted to Our Sovereigne Lord the King his heirs and Successors in the Sum of Twenty Pounds and Edwd. WINGATE and Cornelius HARNETT in the Sum of Ten pounds each to levyed on their Severall Goods and Chattells Lands and Tenements etc. With Condition that if the said William FRYLEY shall make his personall Appearance at the next General Court to be held for this Province to answer to the Complaint of Edward MURRAY for the said Felony and do not depart the Court till he is lawfully discharged then this Recognizance to be voyd or else to remaine in full force etc.

MAN’s Recognizance.  Discharg’d

John MAN being bound by Bond to appear at this Court on Suspition of having harbour’d and Concealed one Patrick CALLIHAN who had made his Escape from the Provost Marshall to whose Custody he was committed for the Murder of one Henry DAVIS made his appearance but noe person appearing to prosecute or give evidence to make good the Charge against him he is dismist without day paying Costs.

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