With condition that if the said William Maccoy shall doe well and truly behave himselfe towards his Majtie and all his leige people for a year and day then the above Recognizance to be voyd otherwise to be and remain in full force & Vertue Dan' Richardson Esq' his Majties Attorney Gen" came to prosecute the Bill of Indictment found by the Grand Jury agst Patrick Callihan for an Escape (in hac verba) Viz NORTH CAROLINA-SS. To the Honble Christopher Gale Esq' Cheif Justice of this Province & to ye rest of the Justices for hold" ye Gen' Court there The jurors for our Sovereign Lord the King upon their oaths present that Patrick Callihan late of Curratuck p'cinct in the County of Albemarle Planter was arrested for the murder of Henry Davis late of the same precinct and afterwards viz the sixth day of August Anno Dom. one thousand seven hundred & twenty one at pasquotank precinct in the same County by John ffurry Esq Justice of our said Lord the King for keeping the Peace in the precinct of Pasquotank & County aforesaid was comitted into the Custody of Maj' Tho' Harvey then Provost Marsh' for the said County of Albemarle & having in his Custody the aforesaid Patrick Callihan for the Murder afores within a very short time after his said Comittment by force & Armes out of the Custody of the said Maj Thomas Harvey & agst the will & knowledge of the s Thomas Harvey feloniously did gett & goe & from him did escape and fly out of the view & sight of the said Thomas Harvey agst the Peace of our Sovereign Lord the King that now is his Royall Crown & Dignity &c. DAN' RICHARDSON P Duo Rege. Upon which Indictment the said Patrick Callihan was Arraigned & 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 & humbly moved the Court that he might be heard by his Councill as to the ffelony And the same being argued by his Councill & likwise by the Attorney Gen' on behalf of the King. The Court here is of Opinion that he is Guilty of Misdemeanour only. Whereupon it was Considerd, and Sentence was Pronounced that he should be publickly whip't and receive nineteen lashes on his bare back well laid on Mathew Bryant being brought into Court for stealing a Lamb belonging to Thomas Mathews confessed the same And he appearing to have been so very drunk at the time of the ffact comitted as to be scarce capable of knowing what he did (and being very aged) It is consider by the Court that he be carryed hence to y° publick whipping Post & have his hands putt in the Billows and that afterwards he be sett in the stocks for being drunk John Hairbottle being bound by recognizance in the sum of one hundred pound sterling to appear & give Evidence in behalfe of our Sovereign Lord the King agst Wm Maccoy for the murder of John Palmer being solemnly call came not. It is therefore Order that a Scire facias do issue out commanding him to appear at our next Court to show cause (if any he has) why the said Recognizance should not be declared fforffeited William ffryley being brought before this Court for feloniously stealing from one Edward Murray one pair of Mittens to the value of tenpence came and acknowledged himself to be indebted to our Sovereign Lord the King his heirs & successo" in the sum of twenty pounds & Edwd Wingate and Cornelius Harnett in the sum of Ten pounds each to be levyed on their severall Goods & Chattells Lands & Tenements &c With Condition that if the said William ffryley shall make his personall appearance at the next Gen' Court to be held for this Province to answer to the Complaint of Edward Murray for the said ffelony and do not depart y Court till he is lawfully discharged then this Recogniz" to be voyd or else to remain in full force &c. George Caverly an Evidence for our Sovereign Lord the King against William ffryley bound by Recognizance in the sum of Twenty Pounds to appear at this Court & being solemnly called came not. It is therefore Orderd that a Scire facias do issue out commanding him to appear att the next Court & shew cause if any he has why the said Recognizance should not be declared fforfeited Christopher Butler being bound by Recognizance to appear at this Court for Breach of the Peace & Scandalous Speeches utter agst the late Govern' & other Publick Officers of this Government made his appearance & presented to ye Court an humble Petition wherein he submitted himself to the mercy of the Court which being Considerd and the Court. having given him a very severe Reprimand he is dismist without day paying costs John Man being bound by Bond to appear at this Court on Suspition of having harbourd & Concealed one Patrick Callihan who had made his Escape from the Provost Marshall to whose Custody he was Comitted for y 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. On the motion of Joseph Spruill Overseer of yo Roads on the South Shore touching the Roads on that shore it is Orderd that all persons work in their Separate Districts as was formerly Order by this Court in October in the year of our Lord one thous seven hundred & sixteen. Thomas Spivey, Abraham Spivey, Benj" Spivey & Jacob Spivey being bound by Recognizance to appear at this Court to answer to severall p'sentments made agst them by the Grand Jury at October Court one thousand seven hundred & nineteen for Hogstealing and Breach of the Sabbath which s Presentments were put into form at October Court one thos seven hundred & twenty one being severally call to answer the same made their appearance but noe person appearing to prosecute or give Evidence to make good the charge against them they are dismist without day paying Costs John Hassell bound by Recognizance to appear at this Court upon his Conviction for Scandalous words &e and having these following reasons in arrest of Judgement Viz That the words laid in the Indictment & supposed to be spoken by the said John were not prosecuted within six months after the speaking the same words According to the Act of Limitation nor was it prosecuted within the space of ten dayes occording to the form & effect of an Act for observing the Lords day And for the suppressing of Immorality & the prophanation of Gods name & Word &c. for weh Manifest Error the said John prays that y° aforesaid Indictment & verdict may be Quashed & sett aside &c. JOHN HASSELL Which reasons being overul the Court pas the following Sentence viz1 that he should receive thirty nine lashes on his bare back & that he should give Security in the sum of ffiffty Pounds for his good behaviour a year & a day & remaine in the Marshall Custody till he doe give such Security And the said John Hassell acknowledged himself indebted to our Sovereign Lord the King his heirs & successo" in the sum of Twenty Pounds & Thomas Yates Thomas Mathews & William Yates in the sum of ten pounds each to be levyed on their severall Goods & Chattells Lands & Tenements &c With Condition that if the said John Hassell shall & doe well & truly behave himself towards his Majtie and all his leige People for a year & a day then the above Recognizance to be voyed otherwise to stand & remaine in full force & Virtue. William Alexander being bound by Recognizance to appear at this Court to answer an Indictment found against him by the Grand Jury for fforgery made his appearance & noe person appearing to prosecute or give evidence to make good the charge against him he was dishargd by Proclamation & dismist without day paying Costs Paul Palmer & Joanna his wife being bound by Recognizance to appear at this Court to answer an Indictment of the Grand Jury for being Accessories to a ffelony comitted by one Sambo a negro man slave belonging to one Cap Nich° Crispe made their appearance and noe person appearing to prosecute or give Evidence to make good the charge against them they were dismist without day paying costs. Paul Palmer bound by Recognizance to appear at this Court to make good his reasons offer in arrest of Judgem upon his conviction for misdemeanour at July Court one thous seven hundred & twenty-one made his appearance upon which Daniel Richardson Esq Attorney Gen' in behalf of the King came & confesst that ye Misdemeanour afores against the afores Palmer he would not Prosecute any further. Wherefore the said Palmer is Dismist without day paying costs Joanna Palmer bound by Recognizance to appear at this Court & answer an Indictment found against her by the Grand Jury at October Court one thousand seven hundred & twenty for a Rescue of a negro man out the hands of the Constable made her appearance and no person appering to prosecute or give Evidence to make good the charge against her she was dismist without day paying costs Edward Howcott bound by Recognizance to appear at this Court & an Indictm found agst him by the Grand Jury at March Court one thousand seven hundred & twenty one for the Assaulting beating & Bruising one Aaron Oliver made his appearance but y said Oliver not appearing to prosecute nor any other persons to give Evidences on behalf of our Sovereign Lord the King he was dismist without day paying costs William Norris bound by Recognizance to appear at this Court to answer an Indictm* found agst him by the Grand Jury for fforging a Deed from Alice and John Billet to Sam' Wilson made his appearance and no person appearing to prosecute or give Evidence to make Good the charge against him he was discharged by Proclamation & dismist without day paying Costs George Griffin bound by Bond to appear at this Court to answer to severall matters of Misdemeanour alleged to be comitted by him agst the Peace &c made his appearance and submitted himself to the Court & severall persons appearing & speaking in his favour. It is Consider by the Court & Order to be dismist without day paying Costs. Mary Haughton sumoned to appear at this Court to answer a presentmt of the Grand Jury for Adultery: who appeared by William Haughton her husband & upon Petition of the said William the payment of the fine of five Pounds due from her for the said offence is suspended during the lifetime of the said William. NORTH CAROLINA-SS. At a Councill held at Edenton April the fifth 1722 Present the Honble Thomas Pollock Esq President &c Coll Fredrick Jones having been Order to appear before this Board this day by Ten a clock upon the Petition of John Walker &c which he not complying with, nor sending any satisfactory message: It's the Opinion of this Board that the money lodged in the said Coll ffred Jones hands late Cheif Justice for the appearance of Robert Atkins and Daniel Mackdaniel at the Gen' Court ought to have been deliverd to the present Cheif Justice with the Gen' Court Papers & Records Orderd that the said Coll° ffredrick Jones late Cheif Justice doe immediately pay to Christopher Gale Cheif Justice or his Order whatever moneys he has in his hands lodged as aforesaid for the security of the appearance of the said Robert Atkins and Daniel Mackdaniel at the gen' Court and for so doing this shall be his Warrant and in case of failure hereof the Attorney Gen' is hereby Order to take proper measures for the recovery thereof A Copy J. LOVICK Secry To which Order Coll° ffred Jones Answerd that he would not deliver the money therein mention" but to whom he should think fitt and as for the Kings Attorney he might take what measures he pleases for he shall take noe Notice thereof Test THOMAS HARVEY Provost Marsh" &c. Upon motion of Daniel Richardson Esq Attorney Gen' made in obedience to the foregoing Order of Councill Order that a Scire ffacias do issue out thereby requiring the aforemention ffredrick Jones Esq' to be and appear att the next Gen" Court to |