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Early Records of Georgia

Volume II, Wilkes County

abstracted and compiled by Grace Gillam Davidson,

published in 1933 at Macon, GA

 Submitted by Christina Palmer

Thank you to Donna & CJ Crawford & Jennifer Reddish for your transcription assistance.

 

Minutes of First Court

State of Georgia, Wilkes County.

1779              August Court.

Agreeable to an order of his Honour, The President, and the Houourable The Supream Executive Councill for the State aforesaid past in the Councill Chamber at Augusta the ——— day of August 1779.

A Court of General Sessions or Oier & Terminer and General Goal Delivery—

Begun and held at the House of Jacob McLendon on the 25th day of August 1779, Before the Honourable William Downs, Benjamin Catchings & Absalom Bedell Esqrs., assistant Judges for the County aforesaid.

In Court Henry Manadue was appointed Clerck who took his place accordingly, after Being duly sworn according to law. Joseph Scott Riden being sworn Sheriff for Said County, John Dooly Esqr. was appointed to act as an attorney in Behalf of the State by this Court & was Duly Sworn. The "79—

The Court met according to adjournment. Order'd that the Grand Jury be Caled into Court & Sworn * Which was accordingly done.

Grand Jurors Names

 
Stephen Heard, Esq. Foreman Charles Bedingfield
Barnard Heard Holman Freeman Senr
George Walton Daniel Coleman
Daniel Burnett Thomas Stroud
Thomas Carter Micajah Williamson
Richard Aycock James McLean
Robert Day Jacob Ferington
John Gorham William Bailey
Dyonisius Oliver               John Glass
           Esquires       Gentlem

Was duly sworn Grand Jurors for the county of Wilkes Afores-d

Wm. Harper appointed Deputy Sheriff, By the High Sheriff of the County, & was approved of by the Court & sworn accordingly by order of the Court,

Ordered that the Court be Adjourned till four o'clock in the afternoon.—

Thursday afternoon four o'clock.

The Court met according to adjournment.

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The Grand Jury came into Court, & Rec'd their charge & Retired to their Room in order to Proceed to Business.

Ordered That

Charles Jordin Senr Drury Rogers, & Wm. Henderson, Be sworn & Sent to attend on the Grand Jury to give evidence in Behalf of the State against Joshua Rials—

John O'Neal, George Dooly & Robert Morgan was called into Court & sworn to attend on the Grand Jury & give in their Evidence in Behalf of the State against James Mobley—

The Grand Jury Came into the Court & Brought in Two Bills of Indictments, Viz. One against Joshua Rials for being Guilty of High Treason Vs The State & for acting in Conjunction with Tate & a Party of Injans; A True Bill against James Mobley wherein he stands charged of High Treason Vs The State, Horsestealing, Hogg stealing & other Misdemeanors.

Indictment Against Joshua Rials.—

     State of Georgia | For High Treason against the State

      Vs.             | & acting in conjunction with Tate

     Joshua Rials     | & a party of The Creek Injans. —

We, the Grand Jury for the County of Wilkes in the State aforesaid on our oaths do present that Joshua Rials is guilty of high treason against this State, & that he did act in Conjunction with Tate & The Creek Indjans—When the said Tate & the Creek Indjans was doeing Murder on the Frontiers of this County last March, it being contrary to all laws & good Government of the said State & to the evil example of others.—

Signed                                                                                                                                                      John Dooly, Atty Gen'l.

Evidences in Behalf of The State

Charles Jordin, Drury Rogers, Wm. Henderson, Charles Jordin Junr, Abraham Hill.—

The Grand Jury—

say—The above is a true bill.

Signed                                                                                                                                                 Stephen Heard, Foreman.

Indictment Against James Mobley

State of Georgia | for High Treason against the State 
      Vs.        | Horsestealing, Hogstealing 
  James Mobley   | & other Misdemeanors.—

We the Grand Jurors for the County of Wilkes in the State aforesaid do present that James Mobley is guilty of High Treason against this

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State & that he did steal Take & Carry away a Black Horse the property of John Garnet, of Richmond County some time in the month of June last past, and that he did also steal take & Carry away fifty seven head of hoggs, the property of Robert Morgan some time in the month of December last it being contrary to all laws & Good Government of the Said State & to the evil example of others—

                                                                                                                                                     John Dooly, Atty Genl
                                                                                                                                                        26th August 1779

Evidences in Behalf of the State— John O'Neal, George Dooly, Robert Morgan, John Legget, Samuel Lamar.

The Grand, Jury—

Say—The above is a true bill—
Signed                                                                                                                                           Stephen Heard, Foreman

Order'd by the Court

That Joshua Rials, Prisoner, be Brought to the Barr.— The Prisoner Joshua Rials was Brought to the Barr and arraign'd. Being Charged with Crimes Set forth in the Bill of Indictments Pleaded (The General Issue) Not Guilty & put Himself on God & his Country for Tryall.

Ordered by The Court

That the Prisoner Joshua Rials be taken Back to the Guard from whence he came & be brought to the Barr tomorrow morning as soon as Court Sets—Which was done accordingly.—

Ordered by The Court

That the Prisoner James Mobley be Brought to the Bar. James Mobley was brought to the Bar & arraigned—Being Charged of the Crimes Set forth in the Bill of Indictment—Pleaded (The General Issue) Not Guilty—Put himself on God & his Country for Tryall—

Order'd by the Court

That the Prisoner at the Bar be Taken Back to the Guard from whence he came & be Brought to Tryall Tomorrow by Eight o'clock—

The Pettet Jurors was caled into Court and Order'd to attend by tomorrow Seven O'clock & not depart the Court without leave.—

The evidences in Behalf of the State Vs. Joshua Rials and James Mobley was caled into Court & order'd to appear in Court by seven o'clock—Order'd That the Court be adjourned Till Tomorrow seven o'clock.

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Friday Morning 27th August 1779

The Court Met according to adjournment.

Order'd by the Court

That the Pettet Jurors be called into Court & that James Mobley be Brought to the Bar. The Prisoner James Mobley was Brought to the Bar. The Court Order'd Mobley Should be Brought to Tryall.

Order'd by the Court

That The Pettit Jurors be Sworn on the Tryall of James Mobley.

Petit Jurors' Names

Holman Freeman Matthew Moor
William Butler William Daniel
John Burnes Joseph Collins
William Bonier Jacob McLendon Jr.
Henry Dukes Mordica Moor
James White Robert Hammet

Gentlemen

was duly sworn.

Order'd by the Court

That John O'Neal, George Dooly, Robert Morgan & Francis Giddings be Sworn to give evidence in Behalf of the State Vs. James Mobley Prisoner at the Barr.

Order'd by the Court

That William Henderson be Sworn to attend the Pettet Jury.

The evidences on the Tryall of James Mobley was examined & heard in the Presence of the Court & Jury. The Jury Rec'd a charge from the Judge & retired. On return of the Pettet Jurors they brought in their verdict Not Guilty & so they say all

The States Attorney Moved to the Honbl Court that James Mobley Should be ordered to be Sent to Augusta for further Tryall—Not Granted.

Order'd by the Court

That the Prisoner James Mobley be Returned Back to the Guard from whence he came.

Ordered by the Court

That William Clerk, Henry Jones, George Dooly & Polly Jones be called

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into Court & sworn to attend on the Grand Jury & give evidence on Behalf of the State Vs. John Bennefield,

Order'd by the Court

That Joshua Rials be Brought to Tryall.

The Prisoner Joshua Rials is brought to ye Bar & says he is Ready for Tryall.

The same Pettet Jurors was sworn to try this issue joined betwixt the State & Prisoner at the Bar.

Order'd by the Court

That Charles Jordin Senr, Drury Rogers, William Henderson, Charles Jordin Junr & Abraham Hill be caled into Court & sworn To give Evidence in Behalf of the State Vs. Joshua Rials, Prisoner at the Bar. which was done accordingly.—

Solomon Nusom was caled into Court & Sworn to give Evidence in Behalf of the Prisoner at the Barr

The Witnesses being Examined and Heard in the Presence of the Court & Jury, the Jury Rec'd the charge and Retired.

The Petit Jury came into Court & Brought in their verdict that Joshua Rials, Prisoner at the Barr is Guilty of High Treason Vs. The State—

Ordered by the Court

That the Prisoner Joshua Rials be Sent Back to the Guard from whence he came.

The Grand Jurors came into Court & presented two true bills of Indictments Viz. On Vs. John Anderson for taking the life of Dempsey Hinton—Likewise One Bill Vs. John Bennefield for assisting to rob, steal & carry away two Horses, Guns & saddles & other misdemeanors— Ordered by the Court

That the Prisoner John Bennefield be Brought to the Barr, John Bennefield was Brought to the Bar and arraigned—

Being Charged of the Crimes Set forth in the Bill of Indictment prefer'd against him. Pleaded (the General Issue) Not Guilty.

The Pettet Jury was duly sworn to Try this Issue Joined Betwixt the State & the Prisoner John Bennefield at the Barr.

William Clerck, George Dooly, Henry Jones and Polly Jones was duly sworn to Give Evidence in Behalf of the State against the Prisoner at the Barr.

The Evidences on the Tryall of the Prisoner at the Barr was heard and Examined in the Presence of the Court & Jury The Jury Rec'd a Charge & Retired.—

The Pette Jurors came into Court & Brought in their Verdict that the Prisoner John Bennefield is Guilty of the Crimes stands charged with in the Bill of Indictment & so they say all—

Page 7

Ordered by the Court

That Henry Duke be Excused from the Pettet Jury for Sundry Good Reasons, and That the Sheriff Summons & bring one freeholder to act as a pettet Juror in the Room of Henry Dukes.

Ordered by the Court

That Joseph Neil be Sworn to attend on the Grand Jury and to answer such questions as shall be Asked him by them.

Ordered by the Court

That the Court adjourn Till Tomorrow nine o'clock.

Saturday Morning, 28 August "79

The Court Met according to Adjournment.

John Freeman was called into Court & Sworn as a Member of the Grand Jury in the Room of Micajah Williamson, who was ordered on Business —agreeable to an Order from his Honour the Judge of the Court.

Ordered, That Charles Jordin Junr & Wm Henderson be sworn to attend on the Grand Jury & Give Evidence in Behalf of the State Vs. Dread Wilder—which was accordingly done.

The Pettet Jury was caled into Court.

Ordered by the Court

That John Anderson be Brought into Court.

The Prisoner John Anderson was Brought to the Barr & Pleaded Not Ready for Tryall. The Court order'd that the Tryall of the Prisoner John Anderson should be put off Till the next Court of Oier & Terminer or General Sessions to be holden in the County aforesaid, & that he do remaine in the Custody of the High Sheriff, until he give satisfactory Bail to this Court. The Prisoner John Anderson by consent of the Atty. Gen'l Came into Court & Entered into Recognizance of œ10000—with John Burns & John Barnet œ5000 Each for the personal appearance of John Anderson at the next Superior Court to be Holden in the County of Wilkes to answer to a Charge of Murder—& that he do not depart the Court without leave.

Ordered by the Court

That William Waggoner, George Dooly & John Legget Be Sworn & Sent to the Grand Jury to give Evidence in Behalf of the State against Dread Wilder, Clement Yarbrough, John Watkins, William Crutchfield, John Young & Edmond Downey which was done accordingly.

The Grand Jury came into Court and Presented a True Bill against Dread Wilder for High Treason against the State & for stealing or Receiving Goods, the property of William Henderson.

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Indictment Against Dread Wilder.

                   |  For High Treason against the State 
State of Georgia   | 
                   |  & for Stealing or Receiving Some Goods 
      Vs           | 
                   |  the Property of William Henderson 
  Dread Wilder     | 
                   |  in a felonious manner.

We the Grand Jurors for the County of Wilkes, in the State aforesaid on our oaths do Present that Dread Wilder is Guilty of the above Charge that is laid against Him, it being Contrary to all Laws & good Government of the Said State & to the Evil Example of Others.

John Dooly, Att'y Genl
28th August 1779.

Evidence in Behalf | 
                   |  Charles Jordin Junr & Wm. Henderson. 
of the State—     |

The Grand Jury—

Say—The above is a True Bill.

Stephen Heard, Foreman.

The Grand Jury Brought in a True Bill against Clement Yarbrough, John Watkins, William Crutchfield, John Young & Edmond Downey for Being Guilty of High Treason Vs The State.

Indictm.

  State of Georgia    | 
       Vs.            | 
Clement Yarbrough     | 
                      |  For High Treason 
   John Watkins       | 
                      |  against the State. 
  Wm. Crutchfield     | 
    John Young        | 
  Edmond Downey       |

We the Grand Jurors of the County of Wilkes in the State aforesd on Our Oaths Do Present that Clement Yarbrough, John Watkins, William Crutchfield, John Young, Edmond Downey are Guilty of High Treason against this State—it being Contrary to all Laws & Good orders of Government of the said State & to the Evil Example of Others.

John Dooly, Att'y Genl
28th August 1779

Evidences in Behalf of the State George Dooly & John Legget.

The Grand Jury Say the above is a true Bill.

Signed, Stephen Heard, Foreman.

Order'd by the Court.—

That the Prisoner Dread Wilder be Brought to the Barr.

The Prisoner Dread Wilder was Brought to the Barr & arraigned,

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being Charged with the Crimes set forth in a Bill of Indictment Preferred against him. He Pleaded (the General Issue) Not Guilty. & put himself on God & His Country for Tryall.

The Pettet Jury was caled into Court & Sworn. Archibald Mahan, William Kimbrough & John Oneal was sworn as Pettet Jurors in Behalf of William Butler, Henry Dukes, & Jacob McLendon Junr. The Evidences in Behalf of the State & Prisoner was Heard & Examined in Presence of the Court & Jury.

The Jury Rece'd their Charge & Retired.

Sarah Thurman, John Partin & Elizabeth Stone came into Court and Entered into Recognizance of one thousand pounds for their personal appearance at the next Court of General Sessions or Oier & Terminer to be Holden in the County Aforesaid—To give Evidence in Behalf of the State against John Anderson.

The Pettet Jury came into court & Brought in their Verdict on the Tryal of Dread Wilder. That the Prisoner Dread Wilder is Guilty of Treason Vs. The State But Highly Recommend him to Mercy.

The Honbl Attorney in Behalf of the State Motiones to the Court that The Tryal of James Mobley Should be Reheard, as he could Produce More Evidence in Behalf of the State to support the Charge Brought against him.

The Court Granted the Request & Ordered That he should be brought to the Barr Immeadjatly. The Prisoner James Mobley was Brought to the Bar Being Arraigned & charged of High Treason Vs. The State, Horse-stealing, Hogg stealing & other Misdemeanors.

He Pleaded (the General Issue) Not Guilty, & put himself on God & his Country for Tryall.

The Pettet Jury was Duly Sworn.

Francis Triplett & John Lankford was sworn on the pettet Jury in the room of Joseph Collins & John Oneal.

John Oneal, George Dooly & John Leget was Sworn to Give Evidence in Behalf of the State against the Prisoner James Mobley at the Bar.

The Evidences on the Tryal of the Prisoner at the Barr was Duly Sworn, Heard, & Examined in the Presence of the Court & Jury.

The Jury Rec'd their Charge and Retired.

The Honbl States Attorney Moved to the Court that John Crutchfield be caled into Court & Sworn to attend on the Grand Jury & make True Answer to Such Questions as Shall be asked him concerning the Conduct & Behavior of Colonells Dooly & Pickens, which was granted & done Accordingly.

John Partin was caled into Court & sworn to give Evidence to the Grand Jury in Behalf of the State against Absolam Thurman.

The Grand Jury came into Court & brought in a true bill against Absalom Thurman for Beating & Assanting Mathew Moor and Presented the following Declaration ToWit, We, the Grand Jury, from the Evidence of John Crutchfield Respecting the Conduct of Coll Dooly & Coll Pickens sending said Chutchfield into the British Camps as a Spy, after the most

Page 10

strictest Scruting are of Opinion that the Said Dooly & Pickens did it with an intent of serving their Country & therefore their conduct is highly approved by us.

Signed By Stephen Heard, Foreman.

The Pettet Jury came into Court & Brought in their Verdict against James Mobley for being Guilty of Treason against the State & so they say all.—

Ordered by the Court

That Clement Yarbrough, John Watkins, William Crutchfield, John Young and Edmond Downey, Prisoners be Brought to the Barr, Which was accordingly done.

The said Prisoners was brought to the Bar & all Arraigned and charged of the crimes set forth in the Bill of Indictment prefer'd against them. They All Pleaded (The General Issue) Not Guilty— & put themselves on God & Their Country for Tryall. The pettet Jury was ordered to be sworn which was Done accordingly for the Tryal of the Prisoners at the Bar.

George Dooly & John Leget was Sworn to give Evidence in Behalf of the State Against the Prisoners at the Barr.

The Witnesses being Sworn, Examined and Heard in the Presence of the Court & Jury, the Jury Retired. The Pettet Jury came into Court and Brought in their Verdict Against the Prisoners at the Bar, To Wit, The Jury is of the opinion that Clement Yarbrough, John Watkins, William Crutchfield, John Young & Edmond Downey is Guilty of Treason Vs. The State, But Recommend Them to Mercy—and so they say all.

Order'd by the Court

That the Prisoners at the Bar be taken Back to the guard from whence they came, which was done accordingly.

Matthew Moor was caled into Court who entered into Recognizance of One Thousand Pounds for his appearance at the next Court of Oier & Terminer or Genl Sessions to be Holden in the County aforesaid to give Evidence in Behalf of the State Vs. Absalom Thurman

The Grand Jury came into Court & Brought in the following Presentments, which was ordered to be entered as followeth:—

We the Grand Jury do Present as a greavance the Running at large of Thomas Waters, Henry Williams, John Oneal, Nicholas Smith, John Brooks, Senr on Savannah River, Samuel Caudle, Overton Perkins, Thos. Shannon Sr. Thos. Stewart, Isaac Justice, Drury Manning, Joshua Lee, George Nichols, William Nichols, Jesse Webb, Mark Whitaker, William Smith, Abraham Nordick, John Lang, Finnis Mendinghall, Moses Trap, Solomon Nusum Junr, Mark Williams, John Roberts, James Stewart and William Delaney—whom we have cause to believe has acted in conjunction with and has aided abetted & assisted the British Troops & the Avowed Enemies of the United States of America.

We therefore Recommend to the Honble Atty Genl To Order Process

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to be Issued against said Offenders and cause them to be Brought before a Court of Genl Sessions to be dealt with according to Law.

Signed Stephen Heard, Foreman,

Evidences in Behalf of the State.

John McKinney, Thos Johnston, Joseph Scot Riden, Wm. Herd, George Neal, Bryan Ward, James McLean, Absalom Ford, Thomas Owins, Saran Wright (at Heard's Fort) Francis Giddings, and wife, Thomas Connels, Solomon Palmer, Robert Hammet, John Pendal, Joseph Nail, John Burgamy, Saml Payne, John Crutchfield, & James White.

Ordered by the Court

That the Grand & Pettit Jurors be discharged which was done accordingly.

Ordered by the Court

That all the Prisoners under Guard that is found Guilty Be Brought to the Bar. The Prisoners found Guilty being brought to the Bar, when they Recd The following Sentence of Death by his Honor the Judge of the Court, To Wit,

John Bennefield to be taken from the Bar to the Guard from whence he came & on Friday, the Third day of September, betwixt the hours of Ten & Twelve Oclock is to be hanged by the Neck till Dead.—

James Mobley, Dread Wilder, Joshua Rials, Clement Yarbrough, Edmond Downey, John Watkins, William Crutchfield & John Young, To be taken from the Bar to the Guard from whence they came, and on Monday the Sixth day of September next betwixt the hours of Ten and Twelve Oclock They are to be hanged by the Neck till their bodies are Dead.

Ordered by the Court

That the Clerck Do transcribe and Amend this Docket as far as he sees necessary, and that he do Enter the same on a Book Provided for that Purpose. Ordered

That the Court be Adjourned Till Court in Course at The Court House for the County aforesd.

William Downs, Asst. J.
Benj. Catchings, Asst. J.
Absalom Bedell, Asst. J.
Test
H. Manadue C. C.

Memorandum of Beef killed for the Public

Dec. 19. 5 bus. of Corn to Alex. McDogal for use of Capt. Little's Station. 2 1/2 bus. Corn to John Laramore. 2 1/2 bus. to Mrs. Paxton, 1 1/2 bus. to Zach. Lamar. 1 1/2 bus. to Stephen Heard.

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Dec. 25. Joshua Glass 45 1/2 bus. Corn for Capt. Gunnels Station. Col. John Cunningham 1 bus corn. Col. Elijah Clark 16 bus corn for Col. Littles Station.
Killed for the use of the Station Dec. 1781 several cows of Cilas Pace, Zachariah Lamar 2 bus. Corn. Mrs. Beard 2 bus. Corn. Sarah Waters 2 bus. Corn. Mrs. Perkins 1 bus. Corn. Stephen Heard 2 bus. Corn. Col. Clark 6 1/2 bus. Corn.
Killed at Gunnels Station cows belonging to Col. Clark, H. Freeman, Jas Martin, Jas. Young, Job Hinton, Jas. Goldwire, Isaiah Goldsby, Sampson Brasill, Samuel Ryly, Sr., (???) Tidwell, Jesse Gordin, Capt. Gunnells, (???) Tillet, Chas. Bennefield, Jane Patten. Ben Pack and Wm. West.

In Camp Newford, Cows of Jesse Gordin, Col. Clark, Peter Edwards, Andrew Stephens, Wm. Mattison.

Memorandum of Account of Hogs killed returned Jan. 15, 1782 to Commissary. Mr. Samuel Payne: Jacob Bobbett, Henry Williams, Widow Perkins, Abington Perkins, Daniel Delany, John Bratcher, Hyrom Thompson, Samuel McLendon, John O'Neall, Robt. Killgore, Col. Z. Lamar, Silas Pace, John Parks, Geo. Douglas, Shead (Sherod?) Stanley, John Stuart, Isaac Gray, Thos. Huff, Matthew Waters, Thos. Waters, Ben Ragland, Lewis Clarke, John Clark, Thos. Rose.

 

 
 
 

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