Franklin County Court Records

Extract of Minutes, 1838-1839
Contributed by: Mark Murphy

[Extracts of Franklin Co., NC Court Minutes, 1838-1839]
[Film/Rolls 744/C.039.30001-7 NC State Archives]
[transcribed by Mark A. Murphy, 5 Dec 2001]

[March 1838]
The Sheriff returned his venue[?] from which the following persons are
drawn Summ[?] & charged, to wit,
1. Elijah B. Perry Foreman
2. Lockly[?] Westray 9. Sion Whitley[?]
3. William Stallings 10. Tho. Pearce
4. James Harris 11. John Pearce
5. Josiah Murphy 12. Peter Gill
6. Abram Moses 13. Tho. Y. Wright
7. Tho. Wynne 14. Jno Gupton Jr
8. William Andrews[?]
The execution ow a Deed from James Hester[?] to William Compton was
duly proven by the oath of John Nicholson & was on motion ordered to
be Registered.
The execution of a Deed from Isaac Winston to Richard Winston was duly
proven by the oath of Silas Winston &was on motion ordered to be
The execution of a Deed from Isham[or Sham] Holing[?] to Isaac Winston
Sen. was duly proved by the oath of Silas Winston &was on motion orderd
to be Registred[sic]
ordered that Wilson D Webb be appointed overseer of the road from Jno.
Stallings to Davis' Cook road in room of B.B. Bowden with the usual
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[March 1838]
ordered that the following persons be summoned to serve as Jurors at
the next Superior Court, to wit,
1. Calvin Stallings 19. Burrell Baker
2. Archd. H. Davis 20. John Gill
3. William P. Williams 21. Archd T. Turner
4. Edward Morris 22. William D. Hight
5. Gideon Glenn 23. William Truman[or Freeman]
6. James Gupton 24. Simon Jeffreys
7. Matthew Walker 25. George Bridges
8. Abner Stallings 26. Bennitt H Leonard
9. Abner Overton 27. John Hicks
10. David Stone 28. Allen Bowden
11. Henry Wood Jr. 29. James Perry Sr
12. Wm D. Coppedge 30. Leonard Jones
13. Amos Joiner 31. William B May
14. Elisha Uzzell 32. Aron Neal
15. Isaac Winston (col) 33. John Merritt
16. John Wood 34. William Richards
17. Washington Harris 35. Daniel Gupton
18. Kemp Perry
ordered that the following persons be summoned to serve as Jurors at
next court, to wit,
1. John Wilson 11. Wilson D Webb 21. Jno T. Mitchell
2. Geo. Wright 12. Nat Macon 22. Tho. Cope
3. Robert Gupton 13. Vincent Cooke 23. Wm A Mitchell
4. Tho. Galloway 14. Harbert Hight Jr 24. Bennett Perry
5. John Bell 15. Jno. M Earl 25. Wm Stokes
6. Briggs S. Edwards 16. Jno. H. Brodie 26. Nathan Pearce
7. James Timberlake 17. William Britton[?] 27. Berry Rogers
8. Benjamin May 18. Baldwin Perry 28. Jas. Murphy
9. Jason Goswick 19. Julius[?] May 29. Sperer[?] H. Alston
10. Shem Keany 20. Jno. Lancaster 30. Jno. R Griffin
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June Co 1838
The Sheriff returned his Venue[?] from which the following persons
were drawn sum & charged, to wit,
1. Birrell[?] Perry- foreman
2. Wilson D Webb 9. Hartwell H Hight
3. George Wright 10. Berry Rogers
4. Nathl Macon 11. Vincent Cooke
5. John Wilson 12. Nathan Pearce
6. James Murphy 13. Benjamin May
7. Spencer H Alston 14. John M Earls
8. John H. Brodie
no.2 dim on dim[?] of Drury Andrews vs Jason Goswick} Jury charged-to
wit, Briggs S. Edwards William Stokes Baldwin Perry
Jno. R. Griffin Thomas Galloway Julius May
John Bell Jas. Timberlake Thomas Cope
Jno. T. Mitchell William Britton Toliver Terrell
who find that the defendant is not guilty of the trespaSs and
Ejectment[?] as charge upon him- in the plaintiffs declaration
judgement the plaintiff prays an appeal to Superior Court & offs as
his security Peter Foster & William E Andrews who are approved by
the Court-
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June Co 1838
no. 2 State vs Kinchen Kearney} Ind. A&B- Jury charged, to wit,
Briggs S. Edwards Jno. T. Mitchell William Britton
John R. Griffin Thos. Galloway Baldwin Perry
John Bell William Stokes Julius May
Jason Goswick James Timberlake Thomas Cope
who find- Jury withdrawn
no. 3 The State vs Tho. E. Yarbrough, Weston[?] Perry, Claibn[?] S.
Cooke 7 Archd. Yarbro. & Alford Card[?] } Inst. for an affray[?]
Jury Charged
Ricky Furman Nat. Murphy Josiah Bridges
Jeffrey Pearce John Parks Elisha Uzzell
Wm A Mitchell James Debnam Jos. Lancaster
Abner Stallings John Hicks Elijah Rudd.
who find- the defendants not guilty- and on motion it is ordered that
the prosecutor pay all costs
It. being suggested that Martha W. Foster[?] is incompetent to mannage
her self or her busineSs, it is therefor ordered that the Sheriff
summon a Jury of good and lawful men to examine the situation of the
mind of the said Martha W. Foster[?] and make report of their
proceedings to the next Term of this court-
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[Dec 1838]
The execution of a Deed from Philemon Hawkins agent for Polly Pope
sent[?] Ruben Carpenter or is duly acknowledged in open Court by P.
Hawkins &was on motion orderd to be Registerd-
The execution of a Deed from Philemon Hawkins agent for JeSse Peale to
Ruben Carpenter was in open court or is acknowledged by P Hawkins &was
on motion ordered to be Registred[sic]
ordered that Robert H Foster be allowed seven dollars for four days
attendance in the Grand Jury at last Sup. Co. and three days at this
Term & that&c
ordered that the following Jurors be appointed Pollsters in the County
of Franklin to wit-
in Davis' District John T. Mitchell, William A Mitchell Robert Moon
Peyton Hanes, Benj Bridges & Geo Hodges[?]
Foster Milll di- Daniel Gupton, Was Branch[?], Thomas A Person,
Jason Goswick, William H. Williams, & King Perry
Pearces Dist- John Thomas, Archd Pearce James Murphy, Burrell H Seward
Jno. Lancaster
Foster Dist- Nat Macon, Theodor[?] Hicks Jno. J. Pinnell, Danl. S Hill,
Edwd. T. Fowlkes, George Eaves
Hayes ville Dist. Harbert Hight Jnr, David Stone Luan[?] Perry
Abn. T. Moore Isaac Davis

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March Co 1839
The following persons were drawn to serve as Jurors at the next Term
of the Sup. Co.- to wit-
1. Silas Winston Edwd. T. Fowlkes Burrell Perry-
2. Jason Goswick Leroy Jackson Abram Moses
3. Spencer H. Alston John Hicks Julius May
4. Thomas Young Caldon Stallings Hay Wood Jr
5. Jno. Griffin George Ever Wm E Andrews
6. William B. May Jno. Brown Briggs S. Edwards
7. Harbert Hight Jr Jno. Lancaster Benja Woodruff[?]
8. Vincent Cooke James Murphy Jno. Nicholson
9. Abram Spencer Abner Overton[scratched]Tho. Winn
10. Archd. U Davis Josiah Collins Nat. Macon
11. Burrell H Leonard Tho. Stokes Robt. Gupton
12. Jno Bell Marcus Gilliam Wm O Green
Jno Skinner[?]
ordered that the administrators of James Collins decd. have untill
next court to make return of their Int & c.
The last will & Testament of Thomas Gay Sen. decd. was exhibited in
open Court for probate and the execution thereof duly proved by the
oathes of Bryant Green & B. Nathan Pearce two of the subscribing
witneSses thereto. and was thereupon on motion was ordered to be
Recorded &filed- whereupon Bailey Gay [?]er of the Exrs. therein named
came into open court & renounce his right to the execution therof-
also Ephraim Perry the other executor therein named filed his
relinquishment of his right to execute the same; whereupon James Baker
Esq is appointed administrator with the will named on said Estate who
entered into Bond in the sum of $20000 with Jacob H. Cooly, Wright
Young, & Caldin Upchurch Securities. Qualified under law[?]
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[Sept 1839]
The execution of a Deed form Elisah Uzzell to James Collins was
acknowledged by said Elisha Uzzell in open court &was on motion ordered
to be Registred-
The execution of a Deed from William C. Newby to James Collins was duly
proved in open Court by the oath of Wesley Jones &was on motion
ordered to be Registered-
The execution of a Deed from Lucius Moore to Richard Ward was duly
acknowledged in open court by said Lucius Moore &was in motion ordered
to be Registred-
Court adjourned untill tomorrow morng 10 oclock
Tuesday morning Court met according to adjournment. Present.
Jordan Denson, Tho. G. Stone, G. Glenn, Jones Cooke, David M. Lewis}
ordered that 2 blk po. be aded to Tax list for 1838 for James Murphy.
iSsd ordered that John S. Leonard be appointed overseer of the Road
from Sandy Creek Bridge to Cobbs CroSs Roads in room of David Yarbro.
with the usual hands.

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