Courts of Oyer and Terminer, 1757-1787, Minutes, Chester County

COURTS OF OYER AND TERMINER, 1757—1787 MINUTES, CHESTER COUNTY transcribed by Elizabeth B. Bunting * [Some minutes for Chester County appeared in PGM 42:345—46.] King vs. John Jarvis “To serving warrant obtained by J. Allison against John Jarvis.” 15 August 1768 King vs. Pierce Cheasey Indictment: Burglary–Entered house of Christopher Elliot and and took silver watch, worth £6. True Bill Returned. Defendant claims not guilty Discharged upon proclamation, paying fees. Witnesses: Christopher Elliot, Ruth Elliot, William Smith. Examination before William Parker, 7 December 1767. Pierce Cheasey said that he went to the Sign of the Bell in Kingsess [Kingsessing], stayed until 8—9–went to the Schuykill River side–to Clayton’s Tavern and hollared, but could not waken anyone, so slept under a haystack. In morning Claton fetched me over in a Batow. Didn’t know anything of it. Examination before William Parker, 9 February 1768. Said there was good reason to suspect Pierce Cheasey. Recognizance: Pierce Cheasey–£100, Christopher Elliot–£100, William Smith, Ruth Elliot and Peter Elliot–each £50. King vs. Mary Wood Indictment: Manslaughter–Mary Woods did not intend that Thomas Willis die from being hit with a stick, and thence falling downstairs. He died 8 May 1768. True Bill Returned Arraigned and pled guilty. Verdict–Guilty Punishment–Defendant to be burned on her hand with the letter M. Ordered that she give security for herself to insure her good behavior for twelve months. She also must pay cost. * See PGM 42:330 for additional information on the Oyer and Terminer records and their availability. Pennsylvania Genealogical Magazine Vol. 45 (2008) Proofreading copy 12 June, 2008 259 260 Pennsylvania Genealogical Magazine Vol. 45 Constables: John Caldwell, Samuel Armour, John Powell, William Cowans, Isaac Lloyd, John Lindsay Witnesses: John Paschale plus all those who bound themselves with recognizances (below). Recognizances: Each to give evidence against Mary Woods £80 and his surety, £40. Abraham Pyot–Surety, John Krick Evan Evans–Surety, John Moore George Huffstidler [Hochstealer]–Surety, Thomas Steel Mathew McCrates–Surety, Edward Williams John Moore–Surety, Joseph Bonsall James Steel–Surety, Isaac Bonsall Examinations: 7 March 1768 before William Parker. Mary Woods, a singlewoman was at the Sellers grist mill. Thomas Willis and others came and declared they would go up and fetch a certain Joseph Brooks downstairs. She said they should not and placed herself at the head of the stairs, telling the first one to try she would knock down. Thomas Willis came up–she hit with a stick–he fell backwards and down the stairs. She did not intend to hurt him. George Hochstealer [Huffstidler] testified that on the 3 May 1768, he was working at John Sellars grist mill in Darby Township–went into mill and saw Willis going upstairs. Mary Woods was at the head of the stairs with a stick and she hit him on the side of head. He fell down stairs. About ½ hour later he helped take Willis in the house–appeared Willis was badly hurt. Evan Evans, a taylor, was working at John Sellar’s Mill Race in Darby Township Went in Mill and saw Mary Woods with stick. Saw Willis fall sideways down steps. Took him up–he was bleeding at the nose. It was 2 minutes before “he came to himself.” James Steel was at the gristmill, and saw Mary Woods take a stick upstairs. In 5—10 minutes he heard someone cry out that a man was killed. Returned and found Thomas Willis badly hurt. King vs. John Dowdle and Thomas Vaughan Indictment: Murder–The murder of Thomas Sharp True Bill Returned. Arraigned, pled not guilty. Verdict–Guilty. Judgement–Both to be hanged by neck until dead. Jury: Caleb Parry, William Swaster, Rowland Rogers, Nathaniel Newlin, Nathaniel Vernon, Charles Linn, James Hickman, Jacob Richard, James Lindsay, Hugh Lloyd, Abel Way, John Marshall, John Crawford, William Starr, Michael Shiver, Andrew Rees Witnesses: Daniel Mann, John McClure, Margaret Dunn, Isaiah Hollinsworth, John Brown, Joseph Musgrave. Recognizances: To testify for the King, each bound for £100–4 April 1768 before John Hannum, Michael Shiver, Andreas Rees and wife, Isaac Swayne (with John McClure and Daniel Man, Sureties), Margaret Dunn Proofreading copy 12 June, 2008 2008 Oyer and Terminer, Minutes, Chester County 261 (with Enoch Hollingsworth and John Brown, Sureties), Joseph Hickman (Isaac Swayne, Surety £50) King vs. Robert Merlyn Indictment: Homicide by misadventure True Bill returned. Defendant pled Guilty. King vs. Daniel Burk Indictment: Arson–Daniel Burk, laborer, on 29 April 1768 in West Bradford Township, forced his way in the dwelling house of Joseph Martin and set it on fire. True Bill Returned. Arraigned and pled not guilty Witnesses: Joseph Martin, Thomas Steward, Robert Woodward, John Bean, Ruth Baldwin, Joseph Dunicle King vs. Elizabeth Porter, Susannah Porter, and Robert Porter Indictment: Arson–Arson of the dwelling house of Nathan Davis. 9 [6] January 1769–Marple Township, Chester County. True Bill Returned. 11 June 1770 Arraigned–Pled not guilty. Verdict–Not Guilty of felony and arson. Judgement: Discharged paying costs, Elizabeth and Charlotte Porter to find sureties to pay £50 to see to their good behavior for 6 months. Witnesses: Nathan Davis, William Parker, Esq., Joseph Baldwin, James Cochran, Charlotte Porter Jury: William Crabb, James Black, George Brinton, Samuel Tremble, Abraham Martin, William Rathew, Joshua Hemp[hill], Nathaniel Newlin, Joseph Hunt, Mordecai Cloud, James Wo[illegible], and Nicholas Fairlamb. King vs. Matthew McMahon Indictment: Murder–Assault with a weeding hoe upon James McClister–14 July 1769, Middleton Township True Bill Returned. Arraigned–pled not guilty Verdict–Guilty Judgement–Hanged by the neck until he be dead Witnesses: Ann Stephens, John Hill, Mary Bennet, David Jackson, Thomas Pilkington Recognizances: 19 August 1769 before Henry Hale Graham John Hill £100, Mary Bennet £50, David Jackson £50, Thomas Pilkington £50 to be a witness for the King. Examination of Ann Stephens before John Gibbons, Coroner of Chester County–19 August 1769 “Do say that on the ? Day of July last Matthew McMahon, Duncan Cowan and James McClister came to the house of John Hill in Midletown where this examinant was and after a little time the three men aforesaid went Proofreading copy 12 June, 2008 262 Pennsylvania Genealogical Magazine Vol. 45 away and this examinant further saith that in less time than one hour Matthew and Duncan came back to the house and wanted to come in and called John. But John not coming, this examinant went to the window and saw the aforesaid Matthew coming from the door towards the window where this examinant was standing. She then stepped back that Matthew and Duncan should not see her and from thence the aforesaid Matthew and Duncan went a little way from the house and was talking together and while they were talking together this examinant saw James McClister come toward the house with a stake in his hand and leaned it against the porch and then asked Duncan for his hat and handkerchief and whilst James was talking with Duncan the aforesaid Matthew picked up a hoe at the kitchen door without either speaking or being spoke to and came behind James and struck him on the head with the hoe and said Damn son of a bitch take that. What did you bring the stake for and further this examinant saith as soon as that happend Matthew threw down the hoe and took his jacket from off the horse black [sic] and walked away pretty fast. Duncan called to him and told him the man was killed. This examinant then called John Hill and with the assistance of the light of a candle found James had a very bad cut in his head and they brought him in and dressed his wound and further the examinant saith not.” King vs. John Watts King vs. Joseph Owen 11 June 1770 Indictment: Burglary–5 August 1769, with force of arms did break and enter the mansion house of Aaron Dunkin with the intent to steal–coat (£50), waistcoat (8s.), broadcloth breeches (8s.) and bridle (5s.) True Bill returned. 11 June 1770 Arraigned and pled not guilty. Verdict–Guilty Judgement–Hanged by neck until he be dead. Witness: Aaron Dunkin King vs. Margaret Hall Indictment: Murder of a bastard child–Margaret Hale, late of Londonderry Township, Spinster, on 6 June 1769 did bear a bastard male child, strangled and suffocated it. True Bill returned. Arraigned–pled not guilty Verdict–Not guilty Discharged upon paying costs. Witnesses: Elizabeth Hall, wife of Walter, Margaret McGuire, Mary Irwin, Eleanor Wallace, Mary Fletcher, Rachel Ward, Hannah Hall Jury: John Marshall, David Beaty, James Davis, John Worrall, Nathaniel Squib, Davison Fielson, James Chandler, Robert Beaty, Emmon Chandler, Nathaniel Newlin, Robert Parke, George Smith Recognizances: Each man bound for his wife’s appearance to give testimony against Margaret Hall Proofreading copy 12 June, 2008 2008 Oyer and Terminer, Minutes, Chester County 263 Taken before William Clingan, J.P. 22 June 1769. Thomas McGuire for Margaret £40; Thomas Irwin for Mary £40; Robert Wallace for Eleanor £40; Job Ward for Rachel £40; and John Fletcher for Mary £40. Walter Hall, Thomas Wilson, William Hall, and Hannah Hall also to give evidence. King vs. Henry Philip Indictment: Murder True Bill returned. 1 June 1770 Arraigned, pled not guilty. Verdict–guilty Judgement–Hang by the neck till dead Witnesses: John Kelly, Benjamin Bartholomew, David Davis, Rebecca Treviller, Philip Housekeeper, Justice Davis King vs. Patrick Kennedy Indictment: Rape–Rape of Jane Walker, Thornbury Township, 13 November 1771. True Bill returned. March 1772 Arraigned, pled not guilty Verdict–Guilty 23 March 1772 Judgement–Quod suspend per coll [hang by his neck] till he be dead. Witnesses: Jane Walker, Philip Mendenhall, Stephen Taylor, Isaac Taylor, William Payne, Joseph Freere, Simeon Woodrow King vs. Neal Carriher Indictment: Rape–Rape of Jane Walker, Thornbury Township. 13 November 1771 True Bill returned. March 1772 Arraigned, pled not guilty Verdict–Guilty 23 March 1772 Judgement–Quod suspend per coll till he be dead. Witnesses: Jane Walker, Philip Mendenhall, Stephen Taylor, Isaac Taylor, Simeon Woodrow King vs. James DeWar Indictment: Rape–Rape of Jane Walker, Thornbury Township, 13 November 1771. True Bill returned. March 1772 Arraigned, pled not guilty Verdict–Guilty 23 March 1772 Judgement–Quod suspend per coll till he be dead. Witnesses: Jane Walker, Simeon Woodrow, John Hannum, Philip Mendenhall, Stephen Taylor, James Taylor, George Pierce, William Pyle King vs. Thomas Fryor/Fryer Indictment: Rape–Rape of Jane Walker, Thornbury Township, 13 November 1771. Proofreading copy 12 June, 2008 264 Pennsylvania Genealogical Magazine Vol. 45 True Bill returned. March 1772 Arraigned–pled not guilty Verdict–Guilty 23 March 1772 Judgement–Quod suspend per coll till he be dead. Witnesses: Jane Walker, Simeon Woodrow, John Hannum, Philip Mendenhall, Stephen Taylor, James Taylor, George Pierce, William Pyle Examination 3 December 1771 before Warrick Miller, J.P. Patrick Walker, on suspicion of committing a rape on a certain woman in her home, supposed to be Mary Walker. “sayeth he was in company with Thomas Fryor, Neal McCarriher, and Pierce James on the seventh day night the thirtyeth of last month at David Lewises and left there with the aforesaid men and went to William Shanklins about eight o’clock after being there about two hours there came in a certain woman unknown to him this examinant, this said woman speaks to the woman of the house, after some difference the woman of the house bid them all begon. She would have her house cleared then the all of our lot with the said woman in order to go to Negro Cuff. Thomas Fryor was pylet [pilot] and on the way this examinant proposed going home and quitting the company. Fryor took hold on him and swore he should not go so going farder– Pierce Jeamus said the woman came on purpose to lay with them and said he would have it, then this examinant and Thomas Fryor walked of a few Roods–then he heard her squeel and hollar and believe the said Jeames struck her then the said Jeames and said Neal came to them and Jeames said she squeeled but he had to do with her then Neal went to her, and after some time he came back and said he had to do with her, the examinant went to her and asked if he should shag her. She said she would not tonight–any other time he might–then he struck her and said he would have it and tried to have Karnel knowledge of her but could not, then asked her to go home to William Pyles–he would take her home. All the rest went off and left them together he then took her on his back and carryed her forty perches as she was drunk and could not walk. She want not go no furder but said she wanted then this examinant left her there and went away and furder sayeth no more.” Examination 3 December 1771 before John Hannum, J.P. Neal McCariher “sayeth he was in company with Patrick Kennedy, Pearcus Jeames, and Thomas Fryer on Saturday night the 30th last. They all left David Lewises in Thornbury Township about nine o’clock at night in company with a certain woman unknown to him and after traveling through several fields and over fences Pierces Jeames layed her the said woman down with intent to have carnal knowledge of her but she crying out he the said examinant went and took the said Jeames up by the collor but whether he had carnal knowledge of her or not he could not tell, then Patrick Kennedy immedately went and lay down on the woman and he the said Neal took him and said Patrick of[f] by the collor but he the said Patrick swore he would ly with her, he the said examinant and Tom Fryer then went of to David Lewises and furder sayeth not.” Examination 3 December 1771 before John Hannum, J.P. Thomas Fryor, “this examinant do say that a certain Patrick Kennedy and James a servant of Caleb Lewis, Neal McCarriher, and himself was at the Proofreading copy 12 June, 2008 2008 Oyer and Terminer, Minutes, Chester County 265 house of David Lewis in the Township of Thornbury on the 3rd of November last past and that about nine o’clock at night a certain Jane Walker asked this examinant and the other three above-named to a free Negroes named Cuff who lived in the township aforesaid and accordingly they all four went with her and about forty roods from the said Negroes house there was a ford at which place Patrick Kennedy struck the said Jane on the head with a stick and pushed her down and struck her several times when she was down–which she was crying murder and he saith he believes that the said Patrick was [illegible] to ravish her [illegible] lying on her and [illegible] in a pasture as thought he was criminally [illegible] within, and being examined why he left the woman in that distressed condition saith he was ashamed and afraid to stay any longer for fear that he believed all the others to wit Patrick Kennedy, Neal McCarriher, and James did ravish her and that heard Neal McCarriher say he had Carnal knowledge of her body–that she would have the pox for that he was not then guilty of it himself and further this examinant saith not.” Examination of James Devor (Dewer), 3 December 1771 before John Hannum, J.P. “This examinant do say that on the night of 30 November last past certain Thomas Fryor, Neal Gahagan, Patrick Kennedy and himself was in company with a certain Jane Walker going from William Shanklins to a certain free Negroes named Cuff and coming to a house this examinant helped the said Jane over the fence which since this examinant took holt of her and want to have carnal knowledge of her body, but she cryed out and then this examinant struck her in the face with his hand and went down to where Patrick Kennedy, Thomas Fryor, and Neal Gahagan was sitting seventy rods distance then Kenndy said he would ly with her went up to said Jane and took her to a greater distance and she crying out murder all the while and this examinant farther saith that after she had given Patrick sufficient time to have his will with her they all three came to where Patrick and James was at which since he was beating her with a stick which since this examinant went away and left Patrick and Jane together and nobody else with them–and being examined how he could leave a woman in such company and [illegible] such distress, said it was all done but that she was in liquor and could not walk and further this examinant saith not.” Examination of Jane Walker, 3 December 1771 before John Hannum, J.P. “This deponent did say about nine o’clock on night of 30 November past she was at the house of a certain William Shanklins in the township of Thornbury at which place was one Thomas Fryer, and a certain James servant man of Caleb Pierce, Jr. Also one Patrick Kennedy who had [illegible] been a servant to John Pierce and a stranger to this deponent that went by the name of Noel who it was said lived with Isaac Taylor of this township aforesaid and this deponent further saith that Thomas Fryer and James took her under one arm and the other under the other arm and conveyed her into a field not far from Susannah[illegible] house and then and there James starts to have his will of her [illegible] some distance forward [illegible] he pushed her down with his fist and had Proofreading copy 12 June, 2008 266 Pennsylvania Genealogical Magazine Vol. 45 carnal knowledge of her body by force and against her will until she cryd murder after which Patrick came and tyed her leg to a tree with her own garter and had carnal knowledge of her body by force and violence while she was tyed as aforesaid held her and shortly the stranger who lived with Isaac Taylor had [illegible] her body by force and violence all which she continued to cry murder and farther this deponent do say that they robbed her of two dollars and some other things and beat and abused her in a cruel and inhuman manner and after beating and ravishing her as aforesaid they left her languishing in a heavy cold rain and dismal morning light almost ready to expire and further this deponant says not.” Recognizances: 5 December 1771 before John Hannum, JP Bound to testify against Thomas Fryor and others: £50 each. Noel Campbell, Isaac Taylor, Philip Mendenhall, William Pyle, Stephen Taylor, Joseph Freer, Persifor Frazier Bound to testify against Thomas Fryor and others: £100. James Dewar, Patrick Kennedy, Neal McCarriher, Simeon Woodrow King vs. Daniel Williams Indictment: Killing by misadventure–Killing of Samuel Clayton True Bill returned. March 1772 Arraigned Inquisition of Samuel Clayton of Chichester, before Richard Riley–12 July 1771 Upon the view of the body of Samuel Clayton, son of Richard Clayton, aged 5 years, James Rowan, John Crawford, Jacob Worrall, Benjamin Moulder, Edward Pilkington, Samuel Lamplugh, Joseph Gribble, Joseph Clayton, Isaac Lawrence, William Flower, William Doharty, and Thomas Parsons do say that Samuel Clayton came to his death by misadventure for the hind wheel of a carriage belonging to William Pennell of Middletown township and “drove” by Daniel Williams passed over his head and broke his skull of which wound he instantly died. King vs. Christopher Holderman Indictment: Manslaughter Question–how died George Linanger die [sic] on 27 March 1771? Recognizances: 29 March 1771, before William Moore, Coroner Christopher Holderman bound for £300 Peter Crombacker bound for £100 John Baugh bound for £100 Jacob Acre bound for £100 Also–Henry Bower, Joseph Himelwright, Thomas Tyler, and Henry Grubb Inquisition: 16 May 1772 before Isaac Davis, Esq. Taken at the house late of Richard Kelley in the township of Tredyffrin. “Upon the sight of the body of Richard Kelley who was found in a field on the land of Jonathan Evans in Tredyffrin aforesaid, and there laying dead, by the several oaths and solemn affirmations of Isaac Wayne, David Proofreading copy 12 June, 2008 2008 Oyer and Terminer, Minutes, Chester County 267 Havard, David Davis, John Barthotome, Lewis Gronow, Abijah Stevens, Joseph Rowland, James Davis, David Howell, John Gronow, Jonathan Evans, Anthony Wayne, and William Clayton after examining of John Kelley as well as on the confession of Henry Phillips who says that he wilfully and with malice and purpose discharged a musket loaded with powder at the said Richard Kelley which shot entered the body of the said Richard Kelley between the right breast and shoulder blade of which wound the said Richard Kelley instantaniously died. The said Justices and Jurors are therefore unanimously of the opinion that the said Henry Phillips committed willful murder on the body of Richard Kelley. ` King vs. John Johns Indictment: Burglary. Burglary–Mansion House of Amos Williams, Sadsbury Township, 7 May 1773–Took £70. True Bill returned. Arraigned, Pled not guilty. Verdict, 23 August 1773–Guilty. Judgement–Hanged by the neck until dead. Witnesses: Amos Williams, William Farr Examination: John Johns 29 June 1773 before James Clemson, Justice for Lancaster Co. Confessed his guilt and signed by his mark. Recognizance: 9 August 1773 before James Clemson Amos Williams and William Farr Letter dated 6 August 1778 to William Allen, Esq. From James Clemson. “John Jones now a prisoner in Lancaster goal was committed by me the 29 June last for a burglary in Chester Co. I have by the directions of the Attorney General bound the evidence to appear at Chester 23rd of this instant, which is Amos Williams and William Farr and enclose the examination herein. I should have notified you before of my procedings but [illegible] prevented it. I beg you will excuse my neglect and am Sir with due respect, Your very obedient humble servant–James Clemson King vs. Mary Sheal Indictment: Arson–Burning the mansion house of Joseph Caldwell. True Bill returned 22 August 1773 King vs. John Hetherington and John Rees Indictment: Burglary–“With force and arms feloniously and burglariously did break and enter the mansion house of Benjamin Boyer with intent to steal, take and bear away a packet book [value £1] and £5. Witnesses: Benjamin Boyer, Catherine Boyer, William Sholfield, Jacob Hummel King vs. William Wright Indictment: Burglary–Burglary of mansion house of Thomas Pimm on 26 Proofreading copy 12 June, 2008 268 Pennsylvania Genealogical Magazine Vol. 45 January 1774 with force and arms took one Coat and waistcoat (25 s.), 6 cheeses (£3), 1 Looking glass (20 s.), great coat (£2), 2 hats (£2), and 2 cloaks (10 s.). True Bill returned, 22 August 1774. Arraigned, pled not guilty. Trial, 23 August 1774 Verdict: Not guilty of Felony and Burglary, but Guilty of larceny of goods. Judgement: He be whipt on Tuesday next with 21 lashes and pay £9, 2s. for the costs of prosecution. Be bound for good behavior for 12 months at £200 with two sureties at £100 each. Witnesses: Thomas Pimm, Thomas Pimm, Jr., Barney McCally Jury: Amos House, John Pugh, Thomas Newlin, John Lloyd, John Truman, John Dunwoodie, Thomas Bull, John Jackson, Daniel Culin, Benjamin Thomas, David Davis King vs. Jonathan Smith Indictment: Manslaughter True Bill returned. Arraigned, pled not guilty. Retracts plea and changes it to guilty. Judgement: The prisoner be branded on the left thumb with the letter M and pay the costs of prosecution. King vs. James Willis Indictment: Murder–James Willis, late of Ridley Township, on 31 July 1775 in Ridley Township did willfully and with malice aforethought shoot Daniel Culin who died instantly. True Bill returned. Arraigned, pled not guilty. Verdict: Guilty of the Felony of Murder. Judgement: Hanged by the neck until he be dead. Witnesses: Hugh Lloyd, Robert Welsh, Samuel Taylor, George Buckley, Benjamin Richards, Lewis Painter, John McKesson, Captain Brian [illegible], William Price, John Mackesson Jury: Benjamin Brannon, Joseph Mitchell, Thomas Pilkington, Abraham Martin, Robert Pennell, Frederick Enfe, Isaac Eyres, William Smith, George Pierce, Mark Wilcocks, Edward Lane, and William Edwards King vs. Michael Gorman Indictment: Rape–Rape on the body of Elizabeth Lewis, a woman-child under the age of 10 years was assailed and feloniously known and abused on 18 April 1775. True Bill returned–21 August 1775. Arraigned, pled not guilty. Verdict: Not guilty of felony rape. Witnesses: Robert Lewis, Elizabeth Lewis, Rachel Lewis, Mary Way, Rebecca Way, Rachel Gander, Ann Bishop, William Clingan, Joseph Bishop, William Lewis Proofreading copy 12 June, 2008 2008 Oyer and Terminer, Minutes, Chester County 269 Witnesses for the Defendent: Joel Willis, Edward Milne, Jerry[?] Ryan, Thomas Asheton Jury: Abraham Marlin, Robert Pennell, Josiah Garrett, Frederick Enfe, William Smith, George Pierce, Mark Willcocks, Edward Lane, Thomas Garrett, William Edwards, Peter Hill, John Walter. King vs. Fleming Elliot Indictment: Murder–Fleming Elliot murdered John Flaughnan by drawing a knife across his neck 16 September 1775. John Flaughnan died 18 September 1775. True Bill returned. Arraigned and pled not guilty. Verdict: Guilty 2 March 1776 Judgement: Hang by the neck until he be dead Witnesses: Simon Meridith, Warwick Miller, Israel Wheland, Mary Bentley, Murphy Delany, Thomas Martin, Jacob Donnely, Thomas D[illegible], Gilbert Hall, D[illegible] Kennedy, Richard Chaney, Thomas Evans, John Regar, Richard Dowlin. Jury: Reese Peters, Benjamin Ring, Amos House, William Worrall, John Pearson, Joseph Pearson, Joseph Pritchard, Thomas Vickers, Nathan Yarnal, Gideon Gilpin, Thomas Newlin, William Adams, Ezekial Webb. Recognizance: In the case of the Republic vs. Samuel Sellers, Jr.–surcharge of burglary and robbery. Samuel Sellers of West Bradford Township a weaver; Richard Sellers of Darby Township a yoeman; 1 and Henry Hayes, gentleman are bound each for £30,000 on the condition that the defendant appear at the next Oyer and Terminer Court Session on 10 October 1780 before the Honorable Thomas M. Kean. Republic vs. Samuel Sellers and John McKaihan Indictment: Robbery True Bill Returned. Arraigned and pled not guilty. Verdict: Both men found not guilty. Witnesses: George Former, Thomas Lagune, Jane Anion, Thomas Taylor Witnesses for the Defendant: [illegible] Hannum, Sarah Maharney, [illegible] Baily, William Cloud, [illegible] Baily, William Kirk, [illegible] Hayes, Jacob Backhouse, and Abraham Clark Jury: 9 November 1780. Isaac Levis, Jonathan Vernon, Nathaniel Sapless, John Goodwin, James Rampage, Thomas Taylor, Jr., Sebastian Stonelike, Hugh Lowness, Josiah Dilworth, George Speer, Samuel McClellan, Ayral Thomas Sworn Statement: “Mrs. Catherine Clingan being sworn before me doth say that on the evening of the fifteenth of March last she sent a boy to bring in a hors and a filey from a field. They were at pasture but could not be found. The property of William Clingan, Esq. Which hors and filey is 1 Yoeman was the common spelling for yeoman in this time period. Proofreading copy 12 June, 2008 270 Pennsylvania Genealogical Magazine Vol. 45 properly described as Dunlaps Seapor[?] deated the 29 September last and was stolen on the night of the said fifteenth of March by a person or persons to this deponent unknown and further sayeth not.” Sworn this day 18th February 1779 before James Moore, Signed, Catherine Clingon. Sworn Statement: “John Smith being sworn before me doth say that on the evening of the fifteenth of March last he saw a hors and a filey in his orchard the property of William Clingan, Esq. that next day Mrs. Clingan aplied to him to make search for them but could not find them. Believes they were stolen by Tom Pelson[?] or persons to him unknown.” Sworn this 18th February, 1779, before James Moore. Signed, John Smith Sworn Statement: Amid the Oyer and Terminer Court papers for 1779—1780 “Thomas Sharp of Edgmont [Township] on his oath doth say that a few days after James Fitzpatrick was taken and put in Chester Goal, that this deponent was requested by a certain Thomas Biddle to meet a number of persons at a blacksmith’s shop of Augustus Passmore for the purpose of endeavoring to release Fitzpatrick that he accordingly went there and met Thomas Biddle, Dougherty, Fitzpatricks and Gideon Williamson, this deponent then asked what they were going to do. Biddle then answered they were going to release Fitzpatrick–Dougherty made answer. He wondered they were so long acoming. This deponent asked who were to come. Biddle makes answer and says that James Fox, John Sill, Edward Russell, Thomas Bishop, Jr., and Joseph Bishop, son of George, and that while there Joseph Robbins came riding up to the door to which Biddle went and then Robbins road off. Biddle returned [illegible] this deponent further saith that a day or two [later] he met with Thomas Biddle and asked him if they were in earnest to release Fitzpatrick. He swore it was but now too late as he was removed to Philadelphia Goal and further saith not to his own home as nothing was to be done or could be done.” Sworn Statement: Amid the Oyer and Terminer Court papers for 1779—1780 “Richard Morris swore on his oath says that Thomas Sharp came to his house and asked him if he would help to release James Fitzpatrick as there was a number acoming to release him then a prisoner in Chester Goal, the deponent then reply how he dared to speak in such a manner.” Court Session of 27 November 1780 “Samuel Sharp being three times feloniously called appears not. His recognizance is forfeited.” “Robert McAfee being three times solemnly called to bring forth the body of Samuel Sharp and not presenting him. His recognizance is forfeited.” “Robert McAfee the bail of Samuel Sharp showing to the court by affidavit that the said Samuel Sharp is so sick that he is unable to attend at this court, the recognizances of said Samuel Sharp and Robert McAfee are respited till the next Court of Oyer and Terminer.” Joseph Robins, taylor of Edgmont Township, £40,000 Joseph Baker, farmer of Edgmont Township, £20,000 Abraham Hoops, farmer of Edgmont Township, £20,000 are all bound on the condition that Joseph Robins appear in Court to answer all charges. Proofreading copy 12 June, 2008 2008 Oyer and Terminer, Minutes, Chester County 271 Recognizances: Gideon Williamson, blacksmith of Goshen Township, £40,000; Thomas Williamson, farmer of Goshen Township, £40,000 are both bound on the condition that Gideon Williamson appears in Court to answer all charges. May Session, 1781 Republic vs. Joseph Robbins, Gideon Williamson, Joseph Griffith, James Fox Indictment: Unlawful Assembly and Conspiracy. “Ignoramus” [Not a True Bill]. Discharged and payment of fees. Republic vs. James Fitzpatrick Indictment: Conpiracy to rescue Presentment: Jurors do present that “James Fitzpatrick, yoeman 24 August 1778 was arrested and brought before Thomas Chayney, Esq., a Justice of the Peace and charged with a felony and robbery and then commanded the Keeper of the Goal to receive the said James Fitzpatrick. James Fitzpatrick acknowledged and confessed himself to be guilty of the said felony and robbery and was therefore commited.” “The Jurors further present that Joseph Robbins, Gideon Williamson, Joseph Griffith, and James Fox, yoeman late of Chester County 1 September 1778 knowing the punishment did assemble to rescue the said James Fitzpatrick from the Goal and to aid in his escape to the evil example of all others.” Witnesses: Thomas Sharp, Joshua Vaughan Republic vs. Joshua Barnard Indictment: Trespassing Discharged, paying fees. To: The Sheriff of Lancaster County From: Thomas M. Kean, Chief Justice of the Supreme Court of Pennsylvania. 1 December 1777 “We command you that the body of James McConnaughey by whatever name he might be called in our prison under your custody as it is said together with the day and the cause and detention of the same James McConnaughery you have before the Honorable Thomas McKean at his chamber situate on the river Susquehanna in Lower Paxton Township in the said County of Lancaster immediately after the receipt of this writ to do and receive what our said Chief Justice shall then and there consider concerning him in this behalf and have then there this writ.” From: Thomas M. Kean. 16 December 1777 “James McConnaughey at the next court of Oyer and Terminer or at any other place which shall hereafter be appointed by law for the County of Chester to be held in Chester, and then and there answering to the charge of a rape in the said return alleged against him on a strong suspicion and he shall not depart that court without license–then and in such case, he the said James McConnaughey shall be [illegible] from prison.” Proofreading copy 12 June, 2008 272 Pennsylvania Genealogical Magazine Vol. 45 “I William Kelly, Esq. Sheriff of the County of Lancaster aforesaid do certify that before the coming of the Writ to me directed James McConnaughey in the said Writ named was committed to my custody by a certain Mittimus [writ for Sheriff to apprehend and hold in prison] from James Moore a Justice of Peace for the County of Chester and in said Common Wealth. The tenor of said Mittimus follows in these words. Viz– Chester County–To any constable of the County or to John Gardner deputed and to the Keeper of the Common-Goal of the said County. Whereas James McConnoughey is now brought before me one of the Justices for the said County, and it doth appear to me on the oath of several Witnesses that there is a strong suspicion that the said James McConnoughey in the night of the fourteenth of this instant committed a rape upon the body of Sarah Gibson, a single woman. There are therefore in the name of the Common Wealth of Pennsylvania strictly to charge and command you or any of you forthwith to convey the said James McConnoughey to the Goal aforesaid and deliver him to the Keeper thereof, who is hereby required to receive him into his custody and keep him until he be discharged by due course of Law. Given under my hand and seal, the 18th of August 1777.” Signed James Moore “Which said mittimus was afterwards [illegible] by William Henry, Esq., one of the Justices for the County of Lancaster.” “And this is the cause of the capture and detention of the aforesaid James McConnoughey under my custody. Nevertheless I have the body of said James ready.” From William Kelly, Lancaster County “The above Return being read and by me fully understood, it is by me considered that upon the said James McConnoughey entering into a recognizance to the Common-Wealth of Pennsylvania before some Justice of the Supreme Court, or any two Justices of the Peace of the Counties of Chester of Lancaster of the said Commonwealth, himself as the sum of £1,000 and two securities in the sum of £500 each, that they conditioned for the appearance of the said James [McConnoughey] . . .” Republic vs. Justin McCarly Nothing known of indictment. Pled not guilty Witnesses: John Hannum, Abner Cloud, Richard Baker, William [illegible], Isaac Taylor, James Pottinger True Bill returned April Session Court, 1779 At a Court of Oyer and Terminer and General Goal Delivery held at Chester for the County of Chester the 27 day of November 1780 before the Honorable Thomas Kean, Joshua Evans and George Bryon, Esquires, Justices of the said Court, the following persons now are fined the sum of £100 each in continental money for neglecting the others as Jurors of the said County, having been duly impaneled and summoned and returned for that purpose which said sums together with £15 cost from each of the said jurors, the Sheriff of Chester County is directed to levy, unless they shall under such reasonable excuses for their absence at the next Court of Oyer and Terminer to be held for Chester County as shall Proofreading copy 12 June, 2008 2008 Oyer and Terminer, Minutes, Chester County 273 be approved by the said Justices. Edward Burd, Robert Finney (excused), George Boyd, William Simpson, Israel Wheelin, William Price, Arthur Mark, Thomas McCracken, Joseph Spear, Thomas Campbell, James Gibson, James Kelly, John Smith, Robert Croswell, John Nice, Robert Cowan, Thomas Potts, James Gilliland, John Pinkerton, Alex McPherson, James Crozier, John Dunwoody, William McClearie, Grovnor Marsh, Gilbert Gibb, George Crisman, David Barley, Andrew Stewart, William Dickey, William Vernon, William Scott, Adam Clandennin, John Haslett, Richard Sewall, James Cowan, James Love, James Trimble, Robert Montgomery, John Walker, Zechariah Rice, James Anderson, Joseph Hutchinson, James Henderson, Robert McAdam, William Sharrett, John Wiley, John Liggett, Patrick Carson, Isaac Huland Recognizances: James Griffith, farmer of Edgmont Township, £40,000; George Dunn, taylor of Newtown Township, £20,000; William Russell, farmer of Edgmont Township, £20,000 are all bound on the condition that James Griffith appear in Court to answer all charges. Sworn Statement before Robert Smith, 18 April 1780. “Personally appeared before me Sybel Cooper of Oxford Township on her solemn oath saith that on the 22nd of September 1779 in the morning her daughter Annes came into the house and this deponants daughter Lettice had a discourse with each other respecting Lettices going to be married to Jesse Jordan and not giving her people notice. And Annes went away homewards as this Deponant thought, and this deponant went then to her soninlaws John Andrews and after some time her son William Cooper and her daughter Annes came there and they all concluded to got to the house of Sybel Cooper, to consult with her daughter Lettice in order to advise her from marrying Jesse Jordan and when they came to Sybels house this deponents daughter Jane talked to her sister respecting the same, but of this purpose then Lettice went out of doors, then this deponents son William went after her and fetched her in the [illegible] and left her on the floor. She went into the back room [illegible] that she [illegible] William Cooper moving her brother William followed her into the room and gived her some stripes with a brush. And then John Andrews fetcht William Cooper from her on the floor of the front room, and a little girl says yonder is Jesse coming down the hill, and William Cooper takes a flail and cuts the [illegible] of, says this deponent ‘Surely you will not strike [illegible] husband.’ P.Cooper went to the door and this deponent saw two strikes given by William Cooper to Jesse Jordan and further saith not.” Signed Sybel Cooper by her mark. Republic vs. Joseph Bates Indictment: Burglary True Bill Returned. Arraigned, pled not guilty. Verdict: 25 April 1780–Guilty. Proofreading copy 12 June, 2008 274 Pennsylvania Genealogical Magazine Vol. 45 Judgement: Hang by the neck until he be dead. Witnesses: Allen Cunningham, Joshua Taylor Jury: Robert Ferguson, Francis Williamson, Robert Miller, David Carson, William Cleland, James Strawbridge, Mordecai Massey, Jacob Beakley, Thomas Campbell, James Barber, John Campbell, John Richards, Jr. Republic vs. Mary Bateman True Bill Returned, Pled Not Guilty. Discharged, paying fees. Verdict: 25 April 1780–Not Guilty. Witnesses: John Hannum, Esq., John Woodward, Susan Leonard, John N[illegible]erson, Margaret Jackson Witnesses for the defendant: John Jackson Jury: John Hogan, Robert Thomson, Robert Ferguson, William Cleland, Robert Miller, David Carson, James Strawbridge, Mordecai Massey, Jacob Beakley, Thomas Campbell, John Campbell, James Barber Republic vs. John Workman Indictment: Robbery True Bill Returned. Arraigned, pled not guilty. Verdict: 25 April 1780–Not Guilty. Witnesses: Abel Chalfont, Thomas Smart Witnesses for the defendant: Robert McIchose, Thomas Miller, William Twaddle Jury: John Hogan, William Twaddle, Samuel Ramsey, John Corby, Robert McAdam, Samuel Love, Thomas Love, Robert Ferguson, William Cleland, James Strawbridge, Thomas Campbell, John Richards, Jr. Republic vs. John Simple and Thomas Smart True Bill Returned–John Simple; Thomas Smart discharged. Verdict 27 April 1780–Neither guilty. Both discharged, paying fees. Republic vs. Mary Miller Indictment: Murder No True Bill Defendant discharged Republic vs. William Cooper and Agnes Andrews True Bill–William Cooper. No True Bill–Agnes Andrews–Discharged Discharge of Benjamin Miller, paying fee. Proofreading copy 12 June, 2008 2008 Oyer and Terminer, Minutes, Chester County 275 Recognizances: Elisha Malin £20,000; Samuel Jefferies £10,000; Thomas Malin £10,000 Upon the condition that Elisha Malin appear at the Court of Oyer and Terminer in Philadelphia to answer a charge of treason. Recognizances: James Nittery, New London, farmer–£5,000; Silas Harry, East Marlborough, farmer–£5,000 Upon the condition that they appear in the Court of Oyer and Terminer to testify against Patrick Crosson. Silas Harry’s recognizance forfeited–he afterward appearing, his forfeiture taken off. James Woodward, West Bradford Township–£10,000; Joseph Haines, Newlin Township–£10,000 Upon the condition that Patrick Crosson appear in court to answer the charge of “uttering 2 conterfeit money.” Peter Bull, Kennett Square–£5,000; Samuel House, West Marlborough, chairmaker–£5000 That they both appear to testify against John Jackson. William Strode, Joseph Woodward and Richard Strode Their recognizances were called and forfeited, but respited on the condition that William Strode appear in the Court of Oyer and Terminer in Philadelphia to answer the charge of treason. Republic vs. Edward Grizzle “Edward Grizzle appearing to have been in the proclamation and ordered to surrender himself before the 1st[?] of August, 1778, not having done the same. He is committed.” Republic vs. John Wilson “John Wilson being [illegible] by proclamation of Treason is committed.” John Sample, James Twaddle and Robert McInchose–Recognizances forfeited. John Sample after-wards appearing, the forfeiture is taken off. Recognizance: Jesse Jeffries, £20,000; Flower Oaks, £10,000; Samuel Jeffries, £10.000. On condition that Jesse Jeffries appear at the next Court to answer the charge of passing conterfeit money. John Jackson, Jr., being called appears at Thomas Welch’s–John Jackson’s recognizance forfeited. Republic vs. Justin McCarley Indictment: Treason True Bill Returned–27 April 1780. Pled not guilty. Verdict: Not Guilty of Treason. Ordered that he be sent to the Goal of Philadelphia County Witnesses: Isaac Taylor, James Potlinger, Abner Cloud, John Hannum 2 Utter means to put or to send as a forged check into circulation. Proofreading copy 12 June, 2008 276 Pennsylvania Genealogical Magazine Vol. 45 Witness for the Defendant: Jesse Pierce Jury: William Thompson, John Hagan, John Richardson, Nathaniel Sharpless, Jonathan Vernon, John Milleman, John Cosbey, Robert McAdams, John Scott, William Cleland, Mordecai Massey, Robert Ferguson James Potlinger discharged paying fees. James Nethery, Silas Harry, Peter Bell being called appear. Samuel House, George McCorkle, Joseph Haines, James Hannum, Joseph Woodward, James Swain, Jesse Jefferies, Flower Oaks, Samuel Jefferies, and Abner Clark being three times solemnly called do not appear. Recognizances forfeited. “Ordered that an attachment issue against Samuel House, James Swain, Abner Cloud, and Joseph Taylor–attachment issued.” Recognizance: John Adams £5,000 “upon the condition that he personally be and appear tomorrow morning at ten o’clock to testify against Robert Smith and John Smith and not depart without license.” Robert Wilkins, Ephraim Morrison, Septimus Coats, John Pearson, Charles Black, and Jesse Bonsall, Grand Jurors summoned to attend this Court and not appearing and severally fined the sum of £100. Robert Curry, a Grand Juror is excused. The following Constables to wit, Israel Pyle, Alesander McCleister, William Templeton, and William Carrol are excused for their non-attendance. The following petit jurors, viz Ephraim Blackburn, William Witherow, Thomas Moore, Samuel Price, Thomas Black, and John Jackson are excused of their fines for non-attendance. James Brown being a Constable is excused as a petit juror. Republic vs. Robert Smith and John Smith Indictment: Felony and Murder True Bill Returned. Arraigned and severally pled not guilty. Verdict: 27 June 1780–Both found guilty. Judgement: Have no goods, chattel, land or tenements. Hang by their necks until they be dead. Republic vs. John Burnet, William Hughes, and Stephen Iler Indictment: Accessories to the Murder. True Bills Returned for Burnet and Hughes. Arraigned and severally pled not guilty. Verdict: Not Guilty. Judgement: John Burnet ordered to give security of £40,000 for himself, and one good freeholder £20,000 for his good behavior. Judgement: William Hughes discharged, paying fees. Iler discharged,paying fees. Witnesses: Joshua Vaughan, Mary Pierce, Hannah Evans, Jane Milton, William Craig, James Taylor, Thomas Levis, Esq., John Adams, Jacob Vernon, John Richardson, Hannah Pearce Proofreading copy 12 June, 2008 2008 Oyer and Terminer, Minutes, Chester County 277 Witnesses for the Defense: James Clayton, Joseph Weaver, Joseph Lloyd, Thomas Smith, Samuel Hughes, Nathan Pennell, Samuel Stratton Jury: Joseph Brinton, James Woods, Thomas Smith, Jonathan Vernon, James Pennell, Samuel Winteront, Gideon Gilpin, Joseph Dilworth, Joshua Way, George Brinton, William Shields Recognizance: John Burnett, Concord Twp, yoeman–£40,000 and Joseph Lloyd, Bethel Township, yoeman £20,000 “That if John Burnett shall keep the peace and be of good behavior to all the liege subjects of the Commonwealth during the present war, this recognizance shall be void otherwise of force.” Republic vs. Dennis Kelly Indictment: Burglary “Ignoramus” [We ignore it] Not a True Bill Discharged, paying fees. Republic vs. John Jackson Indictment: Felony True Bill returned. Capias awarded. [Writ of attachment or arrest] Republic vs. Jesse Jeffries Indictment: Felony Ignoramus Discharged, paying fees. Jesse Jefferies appearing–his recognizance and that of his bail is discharged. Republic vs. John Hutchingson Indictment: Felony True Bill returned. Capias awarded. Republic vs. William and Hannah Smith Indictment: Assault True Bill returned. William Smith pled for himself and wife–Not Guilty “William Smith engages to pay such charges as as shall be adjudged upon the indictment against his wife.” Verdict: William Smith is guilty of assault; Hannah Smith is not guilty. Judgement: William Smith pay a fine of £500 and give security for himself of £5,000 plus find two good freemen to give £2,500 each on the condition that he keep the peace and be of good behavior to all liege subjects during the present War. Jury: Joseph Brinton, Joseph Walker, Ezekial Leonard, John Scantling, Robert Ferguson, James Woods, Thomas Smith, Thomas Collins, John Pierce, John Watson, Sebastian Stoneman, William Reed Proofreading copy 12 June, 2008 278 Pennsylvania Genealogical Magazine Vol. 45 Recognizance: William Smith and James Smith each £3,000 upon the condition that William Smith personally appear before the Justices tomorrow morning at 10 o’clock to answer charges. Recognizance: William Smith of Concord Township held for £5,000; James Smith of Birmingham Township held for £2,500 on the condition that William Smith maintain his good behavior and keep the peace during the present war. Abner Cloud, Joseph Taylor, and Samuel House, forfeitures taken off upon payment of the fees of attachment against them. Paschall Davis discharged with the paying of fees. Recognizances: James Nethary, Silas Harry, and Abner Cloud each bind themselves for £1,000 upon the condition that they severally appear at the next Court of Oyer and Terminer to be held at Chester and to testify against Patrick Crosson. Peter Bell, Joseph Taylor and Samuel House each bind themselves for £2,000 upon the condition that they severally appear at the next Court of Oyer and Terminer to be held at Chester and to testify against John Jackson. Republic vs. George McCorkle Indictment: Felony–“Uttering” Continental Money. True Bill returned. Arraigned–pled not guilty. Verdict: 29 June 1780–Not Guilty Judgement: pay fees. Witnesses: James Swain Witnesses for the Defendant: James Bruce, Colonel Evans Jury: John Richardson, William Reed, Joseph Fury, Joseph Brinton, Andrew Ferguson, Joseph Walker, Jonathan Vernon, Ezekial Leonard, John Scatling, James Woods, Thomas Smith, John Watson Recognizances: George McCorkle, East Fallowfield, laborer, £20,000; Joseph Haines, Newlin Township, £10,000; James Hannum, West Marlborough, farmer, £10,000; That they assure that George McCorkle appear in court to answer charges of “uttering conterfeit money.” Forfeited recognizance of James Swain who did not appear as a witness against George McCorkle. George McCorkle appearing–his recognizance and that of his bail is discharged. Republic vs. James Steel Indictment: Uttering Continental Money True Bill returned. Arraigned, pled not guilty. Verdict: Not guilty Proofreading copy 12 June, 2008 2008 Oyer and Terminer, Minutes, Chester County 279 Witnesses: Jonathan Valentine, William Vanphull, James Armstrong, John Hannum, Thomas Carpenter, Isaac Baily, Thomas McKean, Robert McIlhany Jury: Samuel Witherow, Joshua Way, Samuel Trimble, George Brinton, Gideon Gilpin, Joseph Brinton, John Milleman, Ezekial Leonard, Joseph Dilworth, James Woods, Thomas Vernon, Thomas Smith William Dawson, West Caln Township farmer gives security for himself £6,000; and one good freeman, John Fleming gives £3,000 for Dawson’s good behavior and keeping the peace during the present war. William Dawson is discharged upon paying fees. Republic vs. Patrick Crosson Indictment: Felony in passing Continental Money. True Bill returned. Capias awarded James Swain, a witness brought in by attachment, is discharged upon payment of fees. Calendar of Prisoners in Chester Co. Goal–1781 Prisoners Names Date of Committal By Whom Their Crime Committed John Hughes 8 June 1780 Thomas Levis Felony alias Davis Christian Gothlip 29 November 1780 Thomas Levis Felony John Connelly 4 February 1781 Elisha John Taking Jacob Vernon to the British George Williamson 24 March 1781 Robert Wilson Desertion Joseph Wilkinson 4 April 1781 Robert Wilson Desertion Robert Farr 8 March 1781 Benjamin Felony Batholomew Adam Grubb For to give Thomas Sharp 28 April 1781 testimony Against Robbins and others. Thomas Neujent 6 May 1781 Adam Grubb On suspicion of being with the British. William Clingan For going to the Robert Grier 2 May 1781 British. Republic vs. John Gardner Indictment: Assault and Battery on Thomas Pilkington True Bill returned. John Gardner, Esq. Submits to the Court’s judgement that John Gardner, Esq. pay a fine of five shillings and the costs of prosecution. Proofreading copy 12 June, 2008 280 Pennsylvania Genealogical Magazine Vol. 45 Witnesses: Thomas Pilkington, John Vaughan, Tristam Smith, Joel Willis Republic vs. Thomas Knight Indictment: Assault Not a True Bill. Judgement: “Thomas Knight pay a fine of £5 to the State and security for himself of £200 and one security in £100 for his good behavior and that he keep the peace especially to Thomas Woodward for the span of one year.” Republic vs. Thomas Knight, William Mahoney, Jesse Jackson Indictment: Assault True Bill returned Recognizance: Isaac Baily surety £100 for Thomas Knight. Taken 13 November 1781. Republic vs. John Connolly Commitment for High Treason Recognizance to appear at New Castle Co. “It appearing the offense was committed in Delaware State.” Recognizance: “Jacob Vernon £200 on the condition that he be and appear at the next Court of Oyer and Terminer to be holden in the County of New Castle in the State of Delaware to give evidence.” Taken 13 November 1781 before Thomas McKean Mittimus–John Connaly. “To the keeper of the Goal for the County of Chester. Whereas John Connoly confessed before me that on or before the last day of February in the year of our Lord 1778, he and several others in company being armed with muskets came on shore from a schooner to a place called Grubbs Landing in New Castle County and there did take a certain Jacob Vernon a prisoner, took him on board and conveyed him to Philadelphia where he was delivered up to the enemy then in possession of the city. You are therefore required to receive said John Connoly into your custody and him safely keep until he shall be discharged by due course of Law. Witnessed by my hand and seal the fifth day of February 1781.” Signed [illegible] Price “To the keeper of the Common Goal of Chester Co. I send you the body of Thomas Neujent apprehended 8 May 1781 and before the Justice on suspicion of joining the British.” Signed, Adam Grubb Robert Grier–“To the Constable of East Caln Township, I herewithall send you the body of Robert Grier brought before me this present day and charged with being to New York in June last and on his examination before me (and some other witnesses present) he, the said Robert Grier did confess at that he was in New York two days in June last, him therefore receive into your goal and him there safely keep until he shall be from there safely delivered by due course of law. Given under my hand and seal May 2, 1781.” Signed, William Clingan “I do acknowledge to have been to New York in June last.” Signed Robert Grier Proofreading copy 12 June, 2008 2008 Oyer and Terminer, Minutes, Chester County 281 To Any Constable: “Whereas information is made to me that a certain David Dawson late of Chester County who joined the British Army when in Philadelphia and has lately returned in private manner with a large quantity of counterfeit continental money bills and have reason to suspect that a certain Joshua Buffington of said County have been aiding and assisting the said David Dawson in uttering and passing the said Continental bills. These are therefore in the name of the Commonwealth of Pennsylvania to command you on sight hereof to apprehend the said Joshua Buffinton and him bring before me to answer said complaint and do you diligently search the lodging of said Joshua Buffington and all other suspected places for the said Continental money and if you find any such sum of said money that you bring it with such person or persons in whose custody you find the same before me and some other Justice of the Peace for said City that such further proceeding may be had therein as to Law and Justice doth appertain. Given under my hand and seal, 16 May 1780.” Signed, William Clingan Commonwealth vs. Peter Kerr Court of Oyer and Terminer, November 1781 Indictment: Misdemeaner Witnesses: John Craig and Peter Baker Jurors find that “Peter Kerr, laborer on 6 October 1779 at Kennett Township did assemble with others (to the Jurors unknown) against the Court with force of arms and in a warlike and hostile manner did assist the King of Great Britain, being an open enemy against this State by joining his armies to wit under the command of General Sir William Howe then actually invading the State and then and there with the malefaction in and upon one John Craig, then and there being an assault, and him the said John Craig then and there did arrest conquer and subdue, and him the said John Craig so taken, conquered and subdued did deliver into the custody of the armies aforesaid. And so the Jurors affirm upon their oaths and affirm do say that the said Peter Kerr in manner and form of the acts of assembly in such case made and provided to the evil example of all others in like case offending and against the peace and dignity of the Commonwealth of Pennsylvania.” Signed William Bradford Attorney General Commonwealth vs. Joshua Buffington September Term, 1781 Deposition of Edward Simison, witness for the Commonwealth. Warrant near time it was dated, given him by Col. John Hannum to be given to a Magistrate in Delaware. Joshua Buffington had left three or four weeks before. Deponent knew that Joshua Buffington lived in Chester County from the time of the Revolution in 1776 until a week before the warrant was delivered to him. Examinant said he “doth not know Joshua Buffington but believes that he hasn’t seen him but should not more know him if he was to see him. He was never at Buffinton’s house but went by the house where he understood he lived which was in West Bradford Township that the said Joshua Buffington moved from West Proofreading copy 12 June, 2008 282 Pennsylvania Genealogical Magazine Vol. 45 Bradford Township into Delaware State sometime before the Spring of said warrant.” Signed, Edward Simonson Sworn in open Court of the Supreme Court of Philadelphia, 30 October 1781 Deposition of Daniel Denny, witness in the same cause of the Commonwealth vs. Joshua Buffington in open Court of the Supreme Court of Philadelphia, 30 October 1781. Deposition of Isaac Marshall, witness for Joshua Buffington Examinant declares he knows Joshua Buffington, who is now confined in the Goal at Philadelphia, that the said Joshua Buffington was born and always lived in the Township of West Bradford and never did live in East Bradford. Also in all Township elections, assessments, Constables and every other particular, the said Joshua Buffington had the character of an innocent and inoffensive person. Deposition of James Barue concurs in every particular as that recited by Isaac Marshall. 1 November 1781–Benjamin Paschall, a deponent declares the contents of this paper are just and true. They were given before him. Deposition of Samuel Enterline, witness for Joshua Buffington says he was born in East [sic] Bradford, always inhabited and dwelt in said Township and that he well knows Joshua Buffington and has known him for 7 years and that the said Joshua Buffington lived in the Township of West Bradford and never in East Bradford and has the character of an innocent and inoffensive person. Signed, Samuel Enterline Subponea–Issued by the Republic for Joshua Buffington and served by John Gardner. Republic vs. John Clark John Clark committed to Goal. “Charged with felloney in Robing the cabin of the Ship Count de Arloise of sonders waring apperrel the property of Theobold Ginings on the 22nd instant: viz, three white shirts, three check do, one nankeen coat, one dimety jacket and britches found tied in a said Clark’s hankerchiefs.” Recognizance: Theobald Ginings held in £50 to appear and prosecute. Thurston Brown held in £30 to appear and give evedance, Given 23 September 1782 before William M. Mullin. The evidence of Elisabeth Sheffer “On the 15th of April 1781 George Adam Zedlemeier, Adam Zedlemeier, and John Koch the Coming white and Broke Open Dore of Conrad Sheffer John Maurer shod him the first time aboude one hour [illegible] the sun sed and of them wonds he did die.” 27 September 1782 “Ordered that the Sheriff of Philadelphia County and his deputies search the house of Sidney Paul and Caleb Paul and Levy Doan persons who were committed to Goal for felony and have broke the [illegible] and made their escape therefrom on the morning of this day, the Court being satisfied that there is a reasonable cause of suspicion that the said prisoners or one of them maybe harbored and concealed in these places aforesaid.” (This concludes the Chester County minutes.) Proofreading copy 12 June, 2008