NORTH CAROLINA-SS. William Little Esq: Attorney Gen' comes to Prosecute the Bill of Indictment found by the Grand Jury against Joseph Gowen alias Smith of Chowan Precinct Mariner for Larceny in these Words viz To the Honoble Christopher Gale Esq: Cheif Justice & the rest of the Justices of the Gen' Court now Sitting The Jurors of Our Sovereign Lord the King on their Oath doe present that Joseph Gowen alias Smith of Chowan Precinct Marriner not having the fear of God before his Eyes but, moved by the Instigation of the Devill in the precinct of Chowan aforesaid on or about the seventeenth day of this instant July in the year of our Lord one thousand seven hundred & twenty five by force and armes did fraudulently and feloniously Steal take and carry away from the house of Patrick Ogilby of Edenton in the precinct of Chowan aforesayd one payr of shoes of the value of eleven pence against the peace of Our Sovereign Lord the King that now is his Crown & dignity & Upon which Indictment the said Joseph Gowen alias Smith was arraign and upon his arraignment pleaded (Not Guilty) and for tryall thereof putt himself upon God and the Country and the said William Little on the behalf of our Lord the King likewise Whereupon the Marshall was comanded that he should cause to come twelve & by whom & who to neither & and there came viz' Capt John Pettiver Mr Tho Luton Jun' John Harloe Thomas Mathews J pratt Const: Luton John Lewis William Benbury John Adderley Tho Stubbs Edward patchett & John Ward who being impannelled and sworn & do say upon their Oath Wee of the Jury find the Prisoner Guilty. Then the sayd Gowen alias Smith being asked if he had anything to say why sentence should not pass against him as the Law in that Case hath provided and he offering nothing in avoydance thereof It was then and there Consider and Adjudged that he should be carried to the publick Whipping post and there to receive twenty one lashes on his bare back well layd on & to remayne in Custody till fees are payd. Joseph Gowen alias Smith being called to answer the Indictment aforesaid found against him by the Grand Jury for Larceny accordingly in the Custody of the Marshall to the Barr was brought Whereupon William Little Esq Attorney Gen' on behalf of our Sovereign Lord the King also came into Court and confessed that the Indictment aforesaid ag the sayd Joseph Gowen alias Smith he would no farther prosecute Whereupon it was Considerd of by the Court here and Order" that he be thereof discharged paying fees John Ballard being bound by Recognizance to appear &c: at this Court accordingly came and no person appearing to prosecute or give evidence against he was dischargd paying the Costs And now here at this day (viz' &c) came the aforesayd John Williams to traverse a Bill of Indictment found against him by the Grand Jury at the last Court and no person appearing to prosecute or give evidence against him he was dischargd paying fees. And now here at this day (viz' &c) came the aforesaid Thomas Cook to make answer to a Bill of Indictment found agt him by the Grand Jury at the last Court but Christian Heidelbergh Informer on the behalf of our said Lord the King nor any other person appearing to prosecute or give evidence against him he was discharged by proclamation paying Costs. James Spier being brought before this Court by Virtue of a Warrant from the Cheif Justice to make answer to a Complaint filed against him from the Court held for the precinct of Bertie for uttering and passing in payment a Counterfeit Bill of three pounds and for want of Evidence he was admitted by the Court here to clear himself by his own oath and was thereupon discharged paying Costs. Order that the aforesaid three pounds Bill be layd before the next Assembly. Thomas Boyd Esq: Solicito Gen' prayed leave of this Court to be discharged from his sayd Office which was accordingly granted. And he made Oath in open Court that he hath deliver all papers & other things relating to his sayd Office or as Attorney Gen' to William Little Esq: who succeed him in his sayd Office of Attorney Gen' And at his motion the same is Orderd to be recorded John Cotton (being Solemnly required) to appear & make answer to the Bill of Indictment found against him for marrying a Molatto Man to a White Woman came not, Whereupon it was Consider and orderd that a Capias should issue requiring him to appear &c at the next Court on the last Tuesday in October next. David Rees being bound by Recognizance to appear at this Court accordingly came and no person appearing to prosecute or give Evidence agt him he was dischargd paying fees. Major Henry Bonner being bound by Recognizance to appear at this Court accordingly came and no person appearing to prosecute or give Evidence agt him he was discharged paying fees. John Lovick Esq: being bound by Recognizance to appear at this Court accordingly came and no person appearing to prosecute or give Evidence against him he was dischargd by Proclamacon paying fees Hill Savage and Elizabeth Harrison being both bound by Recognizance to appear at this Court accordingly came and no person appearing to prosecute or give Evidence agt them they were dischargd pay" Costs Thomas Cooke being bound by Recognizance to appear at this Court accordingly came and no person appearing to prosecute or give Evidence agt him he was dischargd paying fees. Amariah Berry being bound by Recognizance to appear at this Court accordingly came and no person appearing to prosecute he was discharged paying fees And now here at this day (Viz' &c ) the aforesayd William Charlton Jun' tho' Solemnly required came not nor doth it appear to the Court here that he hath been Served with process according to the Order of the last Court It is therefore Order that process do issue requiring him to appear at the next Court on the last Tuesday in October next. And now here at this day (viz' &c) the aforesayd Thomas Ball tho' Solemnly required came not nor doth it appear to the Court here that he hath been served with Process according to the Order of the last Court. It is therefore Order that a scire facis do issue requiring him to appear at the next Court on the last Tuesday in October next. And now here at this day (Viz' &c.) the aforesaid David Vincent (tho' Solemnly required) came not nor doth it appear to the Court here that he hath been Servd with a Scire facias according to the Order of the last Court it is therefore Consider and Order to a Scire facias do issue requiring him to appear &c. at the next Court on the last Tuesday in October next And now here at this day (Viz' &c.) the Informations filed by William Daniell against John Jones Joseph Jones John Jornagen John Spier James Moore and William Moore at the motion of the Attorney Gen' are continued till the next Court on the last Tuesday in October next and Sumons are Orderd to issue requiring them to appear &c. On the petition of Patrick Ogilby praying that he may have his goods restored to him which were feloniously taken from him by Joseph Gowen alias Smith it is Consider and Orderd that a Writt de bonis restituendis do issue directed to the Provost Marshall thereby comanding him to restore to the said petitioner his goods aforementioned William Reed Rich Sanderson John Blount & Henry Clayton Esq members of the Councill and Justices of the Peace in the Gen' Comis sion took and subscrib the Oaths and Declaracon by Law appoynted for their Qualificacon also the Oath of a Justice of the Peace And then the Court Adjourn C. GALE C. J. NORTH CAROLINA-SS. Att a Gen' Court of Oyer and Terminer & Goal Delivery held at Edenton begun on Tuesday the twenty sixth day of October one thousand Seven Hundred & twenty five and continued by severall Adjournments to the thirtieth day of the same Month. viz1 Present The Honoble Christopher Gale Esq: Cheif Justice Edmund Gale William Downing Robert LLoyd John Alston and Esq Justices of the Peace for this Governm The following persons were impanell and Sworne of the Grand Jury Mr Joseph Sanderson Mr William Roades Mr Paul Palmer Mr John Norton Mr John Woodhouse Mr John Relf. who being charged with things proper for their Enquiry withdrew and Consider the severall matters given them in charge and upon their Returne presented the following Bills of Indictment viz' A Bill of Indictment against Margaret Scott for Felony. A Bill of Indictment against Thomas Swann for Trespas & Misde mean A Bill of Indictment against Mackroro Scarbrough for forgery. A Presentment against John Hinton Overseer of the Highway between Catharines Creek Bridge and Bennets Creek Bridge for not keeping the sayd Road in repayr. And then the Grand Jury was discharge from further Attendance at this Court William Little Esq: Attorney Gen' comes to prosecute a Bill of Indietment found by the Grand Jury against Margarett Scott for Felony in these Words Viz To the Honoble Christopher Gale Esq' Cheif Justice & the rest of the Justices of the Generall Court &c. The Jurors of our Sovereign Lord the King on their Oath do present that Margaret Scott Wife of Bartholemew Scott of Innholder not having the fear of God before her Eyes but being moved by the instigation of the Devill at Edenton in the County of Albemarle on or about the sixteenth day of August in the year of Our Lord one thousand seven hundred and twenty five by force & Armes did fraudulently and feloniously steal take & carry away a parcell of drest Deerskins out of Capt. John Gibs Boat of the value of fifty shills contrary to the Peace of our Sovereign the King that now is his Crown & Dignity &c. Upon which Indictment the said Margarett Scott was arraigned and upon her Arraignm pleaded (Not Guilty) and for tryall thereof she putt herself upon the Country and William Little on the behalf of our Lord the King likewise Whereupon the Marshall was commanded that he should cause to come twelve &c by whom &c who to neither &c and there came viz Francis Branch William Charlton Jun' John Charlton Thomas Taylor Rich Willson Media White Mathew Adams Rich Skinner Tho Mathews Ralph Bozman Luke White and Joshua Calloway who being impannelled and Sworne &c do say upon their Oath that she is Not Guilty. Whereupon she was Orderd to be discharg after paying the fees accruing by this Prosecution. William Little Esq: Attorney Gen' comes to prosecuite a Bill of Indictment agt Thomas Swann of the precinct of pasquotank in the County of Albemarle in the Province of North Carolina aforesaid Gent found by the Grand Jury in these Words Viz' To the Honoble Christoph' Gale Esq: Cheif Justice & the rest of the Justices of the Gen' Court &c. The Jurors of our Sovereign Lord the King on their Oath do present that Thomas Swann of the precinct of Pasquotank in the County of Albemarle in the province of North Carolina. aforesaid Gent not having the fear of God before his eyes but evilly and Sediciously disposed on the thirteenth day of September in the year of our Lord one thousand seven hundred and twenty and five in the precinct of Curratuck in the County |