Upon which Indictment the said Mary Cotton was arraigned and upon her arraignment pleaded (Not Guilty) and for tryall thereof put herself upon God & the Country. Whereupon the Marshall was comanded to cause to come twelve &° by whom & who to neither & and there came Viz Samuel Pagett John Grey Timothy Truelove Henderson Luton Joshua Callaway Ross Bell Thomas Mathews Thomas Cooke Who being impannelled and sworn say we of the Jury do find the prisoner at the Barr Guilty of petty Larceny Goods to the value of ten pence. Then the said Mary Cotton being ask if she had anything to say why sentence should not pass against her as the Law in that case hath provided and she offering nothing in avoydance thereof: It is therefore Consider and Adjudged that she the said Mary at the whipping post shall receive thirty one lashes on her bare back & that she give good security in the sum of one hundred pounds sterling for her good behaviour to all his Majestys leige people for twelve months & one day and also that she pay all fees & costs accruing by reason of her prosecution and if she does not give such security and pay the said fees within one month after the adjournment of this Court that then she shall be sold by the provost Marshall to any person the highest bidder who will give security to transport her out of this Governm and that she stand committed till the said sentence is performed. On the petition of Elizabeth Langford Eleanor Clarke Edward Harrington & Martha Morris praying to be allowed for their attendance & as Evidences for our Sovereign Lord the King against the aforesaid Mary Cotton. Orderd that they be paid by the said Mary Cotton for three days attendance at half a crown day for four days travelling at twenty pence day and ten shills ferrying each in all twenty four shill & two pence each alias Exon On the petition of Thomas Cook praying that he may have his goods restored which were feloniously taken from him by John Johnston aforesaid who is returned fledd & It is 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 And now here at this day came the aforesaid Thomas Mathews and produced his acco* against the said John Sale and also Capt Henry Bonner late Churchwarden produced his accot of disbursements likewise which acco being too tedious for the Court to audit. It is Order that the said Mathews adjust his accot before the cheif Justice with all Convenient speed & pay the said Churchwarden" acco' with Costs if sufficient in his hands John Solley Esq being ordered to be summoned to this Court to shew cause (if any he has) why the Examinacon of John Burton & Thomas Williamson together with their Recognizances were not return to the last Court accordingly made his appearance & declared that soon after he took the said Examinacons and Recognizances he departed this Government but before he went he either sent them by some person that neglected to deliver into the office or else he hath mislaid them amongst his own papers: It is therefore Orderd that the said John Solley do give his attendance and also produce the said Examinacons and Recognizances at the next Court on the last Tuesday in July next on the third day of the said Court George Skipper being bound by Recognizance to appear &c at this Court being solemnly required came not Whereupon William Sadler who was bound for his appearance came to this Barr and prayed that the said Recognizance might be continued & day given till the next Court for his appearance which was granted. William Charlton Jun' being bound by Recognizance to appear &c at this Court accordingly made his appearance and was dismist without day paying Costs John Charlton being bound by Recognizance to appear at this Court accordingly made his appearance and is dismist without day paying Costs. Whereas severall Counterfeit Bills were lodged with the Clerk of this Court by Order of the Gen' Assembly that the Attorney Gen' might make prosecution thereon but no informacon appearing or sufficient Evidence for any prosecution It is Order by the Court here that they still remain lodged in the Clerks office till some Informačon or Evidence appear or Order of Generall Assembly be made relating thereto. Henry Baker by Edward Moseley his Attorney comes to prosecute a Complaint against Coll° William Maule for keeping ferry at or near the same place where the said Baker was by the Court of Chowan precinct Order to keep ferry over the said River of Chowan which order was afterwards confirmed by this Court &c. And the said William Maule appear and the arguements on both sides being heard & duly consider It is Order that the said Complaint be referred to the next Generall Assembly. On the Petition of Sarah Sutton widow relict of George Sutton of perquimons p'cinct deceased praying this Court to appoynt indifferent persons to make division of the personall Estate of her said Husband as the Law in that case made directs Order that Charles Denman Richard Ratcliff. Rich Skinner and Jonathan Phelps who were appoynted appraisors or any three of them do make division of the said Estate according to the prayer of the petitioner and as the Law in that case made directs On the petition of Nathaniel Sutton (on the behalf of the heirs of George Sutton late of perquimans prect dec who dyed intestate) praying this Court to appoynt indifferent persons to divide the same as the law directs. Orderd that Charles Denman Richard Ratcliff Richard Skinner & Jonathan phelps who were appointed appraiso" of the said Estate or any three of them do make division of the same according to the prayer of the peto as the Law directs. On the petition of Richard Whidbee Extōr of the last Will & Testament of Joseph Sutton of perquimans prect deceased setting forth that the said Joseph by his last will and testament did bequeath & dispose of part of his Estate & desired that the remaining part might be equally divided among his children and praying this Court to appoynt some persons to make an equall division of the same which was granted and Orderd that Richard Ratcliff Sam' Charles Samuel Nichols & Joshua Toms or any three of them do make division of the said Estate according to the will of the deceased & as the Law in that case directs. Robert Kingham comitted on suspicion of having murder and feloniously killed one George Kennard late of Bertie precinct on or about the tenth day of March last was Brought to the Barr but sufficient Evidences to prove the same being wanting also pregnant circumstances appear to the Court here that he is guilty of the same: It is Considerd that he remain in custody of the Marshall till the next Court for further Evidence to be produced against him. Philander a Negro appearing at this Barr complaining that he is held as a slave by Thomas Harding Executo' of Thomas Sparrow deceased altho' he was freed by the said Sparrow in his lifetime and that all the practising Attorneys of this Court are retained by the said Harding and he the said Philander utterly ignorant of the Law or means of redress prays that he may have Councill assigned him Whereupon it is Ordera by this Court that Mr William Little be Councill for the said Philander and that he assist him as an Attorney in this Case. And thereupon M' William Little exhibitted in Court the complaint of the said Philander against the said Thomas Harding Extōr as aforesaid in these words viz1 Philip Laneer alias Philander a negro man humbly complains to this Court against Thomas Harding Executo' to the last will and Testament of Thomas Sparrow late of this province deceased for that the said Philip Lander alias Philander being once in servitude and held as slave by the said Thomas Sparrow was by him freed as by an Instrument under the hand of the said Thomas Sparrow and before Evidence Yet he the said Thomas Harding Executo' as aforesaid doth hold the said Negro as a slave & him hath detained & still doth detain in Servitude altho' his freedom & the priviledge of a freed man he ought to have & enjoy and thereupon he makes sute to this Court that by consideration of the said Court he may be judged and declared free accordingly Whereupon Thomas Boyd appeared on behalf of Thomas Harding Extor of the last will & Testament of the said Thomas Sparrow deceased and prayed time till the next Court to make answer to the aforesaid Complaint Which was granted. And And it is further Orderd that the said Philander be & remaine in the hands & keeping of the Provost Marshall Gen' till the next Court; and to be then produced and forthcoming Information being made to this Court by William Daniel of Bertie precinct that John Jones Joseph Jones John Jornagan John Spier James Moore & William Reed all of Bertie Precinct planters did sell & retail strong Liquors in their Houses without lycence and contrary to Law praying that process might be made out requiring them to appear at the next Court to make answer to the said information Which was granted and thereupon the said William Daniell became bound by severall Recognizances in the sum of twenty pounds each to prosecute each of the said persons informa against as aforesaid. And then the Court adjourn By order of the Cheif Justice & his Assistants. W. BADHAM Cl'k. NORTH CAROLINA-SS. C. GALE C. J. Att a Generall Court of Oyer & Terminer and Gaol delivery held at the Courthouse in Edenton begun on Tuesday the the twenty eighth day of July one thousand seven hundred and twenty four and continued by severall adjournments to the fourth day of August following, Present The Honoble Christopher Gale Esq Cheif Justice The Commission from the Lords Proprieto" to the Cheif Justice was read and also an Order of Councill appoynting Adam Cockburne & Edmund Gale Esq' to be Assistants to the said Cheif Justice in these words following viz NORTH CAROLINA-SS. At a Councill held at Edenton the ninth day of Aprill Anno Dai one thousand seven hundred & twenty four. Present The Honoble George Burrington Esq: Governo' &c. Whereas the true & absolute Lords Proprietors by their Commission under their hands and Great Seale of their Province to Christopher Gale Esq: Cheif Justice have impowerd & directed the Governo and Councill to nominate & choose two persons of able skill in the Law to be assistant to the said Cheif Justice who when so appoynted are in the said Commission constituted and appoynted by the true & absolute Lords Proprietors This Board doth therefore in pursuance and according to the said Directions of the said Commission unanimously choose & name Adam Cockburne & Edmund Gale Esq to be Assistants to the said Cheif Justice. Whereupon the said Adam Cockburne & Edmund Gale took and subscribed the Oaths & Declaracon by Law appoynted for their Qualification, and the Oath in the Act entituled An Act to Provide indifferent. Jurymen in all Causes Civill & Criminall, and likewise the oath for the due Execution of their Office and then took their places accordingly. The following persons were impannelled and sworne upon the Grand |