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

COURTS OF OYER AND TERMINER MINUTES, CUMBERLAND COUNTY* King vs. James Smith Indictment: Manslaughter–Death of John Johnston True Bill returned Arraigned, pled not guilty Jury Verdict–Not Guilty Judgement: Discharged, paying costs. Give security for himself of £1000, plus two sureties of £200 each to insure his good behavior for 12 months. Witnesses: James Elliot, John Irwin, Robert George, James Breadon, George Nixon, George Woods. Witnesses for the defense: William Denny, Esq., Thomas McDriheas Recognizance: “On the condition that said James Smith do keep the peace and be of good behavior towards all his Majesty’s liege subjects for the space of one year, then this record to bond otherwise be of no force and virtue.” 30 November 1769. James Smith–£1000, Abraham Smith–£250, William Smith–£500, Jonathan Smith–£250 Recognizance of George Nixon before William Denny 5 October 1769: “Acknowledges himself to stand indebted to our sovereign Lord the King in the sum of £1000 to be levied on his goods and chattel, lands and tenements if default is made, and to answer all matters concerning the murder of John Johnston.” Recognizance also: Thomas Moorhead, yoeman–£100, James Bradon–£100, James Campble, inn holder–£50, Robert Callender–£50 Deposition: Before William Denny appeared “Thomas Moorehead of Hammelton Township and saith that on the 20th day of September 1769 he the said deponent being in company with a certain John Johnston on their way to Youghyoganie was overtook at Thomas Wood’s cabin by a certain James Smith, Robert Smith, John Willson and William Willson which he the said deponent found afterwards to be their names–said deponents Johnson and Smith continued their jurny near one mile beyond Captain Callender’s plantation and they stopt some time waiting for the said John and William Willson and that about three or four o’clock afternoon at about which time the said deponent saw four or five men pass them by as though on their way to Fort Pitt and said deponent being about 100 yards behind said Smith and Johnston saw four or five men with the said deponent found after was Robert George, George Nixon, John Irvin, James Braden and James Elliot shaking with aforesaid Smith and Johnston and that the said deponent seen pestles or a pestle * Transcribed by Elizabeth B. Bunting, former member of the Publications Committee of the Genealogical Society of Pennsylvania. See PGM 42:330 for additional information on the Oyer and Terminer records and their availability. Some minutes for Cumberland County appeared in PGM 42:347—48. Pennsylvania Genealogical Magazine Vol. 45 (2008) Final copy 28 October, 2008 331 332 Pennsylvania Genealogical Magazine Vol. 45 extended in the hands of some of the four or five men viz: George, Nixon, Irwin, Braden, and Elliot and he the said deponent in a very short time after heard to the best of his knowledge the gun’s discharge in said company and said deponent advancing speedily towards said people saw said Johnston laying on his back . . . said deponent halting towards said Johnston was stopt by some of the four or five men with a pestle presented against his body threatening that if he the said deponent would move they would shoot him the said deponent throwing down his gun requested to go to the said Johnston who he believed was mortally wounded and said men still continuing their threats against said deponent seized him and bound him with a leather strap and after seting him on a horse and bearing him toward Bedford and in a short time sum of men bring said Smith into the road bound and said deponent heard one of the said men say he was glad he did not kill Smith and from thence bore said deponent and said Smith to Bedford and farder saith not.” Signed, Thomas Moorhead Deposition: Appeared before William Denny, Allen Rose of Bedford Township and saith “on the 20th day of Sept. 1769 he the said deponent being on the plantation of Thomas Clayton huing timber and that about the hour of three in the afternoon on the same day he the said deponent heard two reports of guns go off in about the space of one second of time from each other, the first of which appeared to said deponent to be like the report of a riffel gun the latter report more like the report of a fruzel or large pestle–and that about two hours after the said deponent was informed there was a man shot on the main road leading to Fort Pitt and that after he the said deponent went to the ground where the corps lay found that the reports . . . was to the best of his opinion near that spot of ground where the corps lay at the time the man was slain and further said deponent saith not.” Signed, Allen Rose. Deposition: Samuel Blair of Bedford Township on 3 October 1769 before William Denny and saith “that on the 21st day of September 1769 he the said deponent being at the house of James McCashling’s in Bedford and certain person came to him the said deponent and asked him to walk and coming up to the house where the corps of John Johnston was said deponent and his companions stept in to see the corps at which time said deponent asked a site of the shirt in which said Johnston was killed which accordingly was brought to said deponent–viewing said shirt strickly found round where a supposed bullet had pierced said shirt a quantity of burnt and onburnt green powder which said deponent rubbing with his fingers and said powder stuck to and stained his fingers and farder the said deponent saith not.” Signed, Samuel Blair. Deposition: George Wood on 3 October 1769 before William Denny “saith that on the 2th day of September last this deponent seed a company of 5 men go or ride out from Bedford as he understood in order to take Samuel Smith the following persons–Robert George, Samuel Elliot, John Irwin, Samuel Bradin, and George Nixon and nearly about one and one half after departure arrived George Nixon with the news of one man being killed and two taken on the arrival of said men this deponent was warned by John H[illegible] especially to attend an inquest to be held on Final copy 28 October, 2008 2008 Oyer and Terminer, Minutes, Cumberland County 333 the killed man at which this deponent with others in company set out on said business and he this deponent and Robert McKenzey road smartly and came up to the ground where John Johnston lay and found him alive. The said Johnston held out his hand to this deponent and said ‘Why did you shoot me. I never did man hurt in my life?’ This deponent said it was not him that shoat you. Robert McKenzey said it was James Smith shot you. This deponent also reported the same as McKenzey but was not answered by said Johnston. He also told this deponent that he had a wife and six children and he was then a going up to work on his plantation– he then desired to be lifted and on lifting him up he hollared out and hung down and expired in about 10 or 15 minutes and farder this deponent saith not.” Signed, George Wood. Deposition: before William Denny on 3 September 1769 by James Braidon who saith “on the 20th day of Sept, 1769, he the said deponent being armed with one pistle and having received orders from Capt. Robert Callendar and without any other orders to go from Bedford towards Alligainy Hill in company with George Nixon in order to take a certain James Smith, John Johnston, and Thomas Moorhead prisoner whom they understood had gone towards Fort Pitt and after said deponent and said Nixon gone some distance beyond Captain Callender’s plantation he and said deponent and said Nixon came in sight as he supposed a certain James Smith and John Johnston and Thomas Moorhead when said Smith and company asked said deponent and said Nixon if they saw any people going away from Bedford and alleged some of his company was detained, viz Smith’s and said deponent reply no and from thence proceeded on with said Nixon about the space of 100 yards east and said Smith and company–when said deponent and said Nixon stopt and looking back saw said George and Irwin following after–meeting Smith, Moorehead and Johnston on which said deponent and said Nixon turned back coming up to where Smith and company–George Elliot instantly dismounting his horse commended said Smith to surrender–on which said Smith leaped back with his gun at a level at which time said Johnston ran and said Elliot layed hold of each other and in about the space of one minute said Smith discharged his gun which made a sharp report and instantly said Johnston fell to the ground with a groan–on which said Smith ran to him from the ground and was rescued by said George and Irvin who overtook said Smith catch him and bound him returned to Bedford with said Smith and Moorehead prisoners and farder said deponent sayeth not.” Signed, James Braidon. Deposition before William Denny on 3 September 1769 of George Nixon of Colrain Township who corroborates the account of the others in the killing of Johnston by William Smith. Inquisition on the body of John Johnston by Thomas Urie, William McDowell, James Liddle, James Dicky, William McConnell, James Patton, Nathan McDowell, James Campble, William Dicky, Daniel McConnell, Francis Patterson, William Parker and Thomas Moor who all say that John Johnston received a mortal wound on his left side, two inches from his backbone from a gun shot or gun shots. Final copy 28 October, 2008 334 Pennsylvania Genealogical Magazine Vol. 45 King vs. Peter Reed Indictment–Manslaughter Murder of Seneca George, an Indian Ignoramus [we ignore–not a true bill] King vs. Peter Reed Indictment–Manslaughter Manslaughter of Seneca George, an Indian Ignoramus 7 November 1769 Discharged, paying fees. True Bill returned from the Grand Jury: “On July 8, 1769 in Cumberland County, Peter Reed did feloniously and voluntarily strike and wound by bullet and gunpowder out of a handgun to the value of 20 shillings in the breast, giving one mortal wound of the breadth of one inch and depth of 6 inches to Seneca George who did die.” Mittimus for Peter Reed 14 July 1769, by James Burd, Esq. To: Hugh McPhillip and Philip Craft, Constables of Paxton and Goalkeepers of Lancaster Co. “I am informed by Turbell Francis, William Patterson and James Read that a certain Seneca Indian named Seneca George is murdered–West of the Susquehanna, 3 miles below Middle Creek, said Indian being at amity with our sovereign. I have reason to suspect that Peter Reed is guilty by the oaths of the three aforementioned men. I command apprehension of said Peter Reed and that he be committed to the common goal of Lancaster Co.” Examination of Peter Reed taken 20 July 1769 before [illegible] Reith, and interpreted by James Webb, Jr. The examinant declared himself to be German and did not understand English well. Peter Reed the examinant is about 28 years of age and saith “he lives on a plantation of his brothers about ¾ miles below the mouth of East Mahonoy on the West side of the river Susquehanna and about within the line of the Old Purchase. That he was in the New Purchase early last Spring but has not been beyond the line of the New Purchase at any time within these three months past, that there was 4 or 5 Indian men and some women lived in a wigwam closeby or within 200 or 300 yards of his brother’s house but he never saw any other Indian within 15/20 miles of his home and this examinant further sayeth that he never saw either of the Indians called Seneca George or Thomas Adams, that he was ploughing his brother’s plantation all day on Saturday the 8th instant July and continued at work until starlight–that afterwards he sat up with his brother who was sick untill about 11 o’clock at night, that at his brother’s request he then went to bed and slept untill sun rising–that he never saw either of the Indians who came to his brother’s house . . . Col Francis on Tuesday the 4th instant . . . James Tunhill that time, that he had not heard of the Indian being shott, until he saw Col. Francis at his brother’s house that on the aforesaid Saturday instant he worked all day and evening in his shirt and trowsers only and had no waistcoat on that day or night and this examinant doth further say that he has no canoe but that his brother Casper has a large heavy canoe made of white pine, that the said canoe was at home all Saturday evening as far as he knows but that one Reynolds and Sheffer had the said canoe to fish with about two weeks Final copy 28 October, 2008 2008 Oyer and Terminer, Minutes, Cumberland County 335 before the said Saturday and left some pine knots in her as this examinant supposes and which this examinant saw after he was apprehended–that he is not a gunner himself and does not own either a gun or rifle but there are several guns and rifles at his brother’s house, but there is no other man living on his brother’s land but himself, this examinant–that his said brother was taken ill with ague the Thursday before Saturday the 8th instant and had the ague every day for several days after.” Deposition sworn before James Burd, J.P. for Lancaster Co., 13 July, 1769 of Turbell Francis, William Patterson and James Parr. “Deponent was informed by John Daugherty, Jean Readman and John Kenedy that two Indians were murdered on the West side of the Susquehanna, 3 miles below Middle Creek by a Dutchman–that upon the deponents arrival at Fort Augusta, they found there Thomas Adams, a Nanticock or Coney[?] Indian with his wife and two other Indian men–that this deponent called together into his room William Blyth, Samuel Hunter, William Patterson, John Braidy, and James Parr (who interpreted)–the said Thomas Adams and the other Indians affirmed said Indian and this deponent told the Indians he had heard of the misfortune aforesaid of an Indian or Indians being killed at the place aforesaid and desired that the said Indians would relate the matter of fact to him upon which Thomas Adams, the Indian aforesaid told this deponent that per Saturday the 8th instant about sundown the said Thomas Adams was camped on the Susquehanna on the West side of the river three miles below Middle Creek with young Seneca George, a Seneca Indian and the Indians aforesaid when he the said Thomas Adams saw a remarkable large canoe with pine knots inside and two Dutchmen–where they were going with their canoe and they replied to William Blyth. The Indians also asked the two Dutchmen if William Weiser was come–they answered no–about three hours afterward the Indians being all laid down and sleeping in the Bark Cabin a great light appeared in their cabin which awaked Seneca George and another young Indian man. They gott up to see what was the matter–no sooner was Seneca George gott up to sett up which from whence the light came he was shott through the body by a bullet from the canoe and dropt down dead instantaneously–the aforesaid Thomas Adams being by this time instantly gott up told the men in the canoe that they had shott one of their brothers–they answered they had not thrown overboard their pine knots which at this time was all aflame. It appeared as bright as day–went off, said Thomas Adams. His wife saw the gun presented from on board the canoe and saw also the feast[?] of the gun when she went off–saw the men charging a second time–the next morning the said Thomas Adams went up to William Blythes and informed him of what had happened–said Blyth sent two or three men down with the Indians for the body of Seneca George–they carried the said body of Seneca George to Fort Augusta and buried it. This deponent asked the said Thomas Adams and the other Indians if they would know the man that shott the said Seneca George–if they the Indians were to see him they answered that they would–that they were two very big men, one thinner than the other–that the man in the stern of the canoe (who was the man Final copy 28 October, 2008 336 Pennsylvania Genealogical Magazine Vol. 45 who fired) had a brown jacket on with sleeves–the other in the back of the canoe had a spotted westcoat on–that the hair of the man in the stern just reached his shoulder and that they were in a remarkable large canoe which the Indians would also know this deponent then asked the Indians if they would go along with them to try if the man could be found and they answered they would . . . On the morning being the 11th of July 1769 the said Thomas Adams and his wife went along with this deponent–William Blyth, Samuel Hunter, William Patterson, John Bready, and James Parr–the said Indians shewed this deponent and the others the cabin the said Indians were laying–when the ball struck they all went to Casper Reed’s, his deponent recommended to the Indians to be very cautious not to fix the murder on any man until they were perfectly certain and they answered they would be very careful in this respect–when the deponent and the other gentlemen and the Indians comed to Casper Reed’s they saw Casper Reed’s canoe which they declared was the canoe the man was in who shott Seneca George and seeing Peter Reed they said they were positive he was the man that shott the gun out of the stern of the canoe and killed the aforesaid Seneca George.” King vs. John Quigly Indictment: Manslaughter Feloniously did beat and strike Patrick Holmes, and throw him to the ground who died from his wounds 2 April 1769 Not a True Bill–Ignoramus 7 November 1769 Witnesses: John Kinkaid, George Benrch[?], William Holmes, Mathew Hayes, Mary Verner, James Bell, Thomas Kagin, Edward Milligan King vs. Cornelius Donnahy Indictment: Murder–Murder of William King True Bill returned. John Byers, foreman Arraigned, pled not guilty Jury Trial–30 November 1769 Verdict: Guilty Judgement: Hang by the neck until he be dead Witnesses: Christian Hildebrand, George Bratton, Adam Bratton, Catherine McAllister, William Denny Inquisition on the corps of William King, deceased taken in West Pennsborough Township, Cumberland County, 27 November 1769 before William Denny, Coroner. “Upon the view of the body of William King then and there lying dead, upon the oaths of William Moore, Andrew Holmes, Walter Denny, Allen Leaper, Andrew Miller, Alexander McBride, James Moore, Andrew Johnston, William Querey, Hugh Killgore, James Irwin, William Patton, James Irwin, William Patton, Daniel Williams and John Robertson do say that on the 28th day of November in the County and Township aforesaid Cornelius Donnohew on the 27th day of November in the year aforesaid and in the County and Township aforesaid–about the hour of 6 or 7 in Final copy 28 October, 2008 2008 Oyer and Terminer, Minutes, Cumberland County 337 the afternoon did feloniously assault William King with a stick that fractured his skull and he lived only 11 hours more.” Recognizance: Christian Hildebrand–£100, Adam Bratton–£100, Andrew Miller, Bail–£50, Allen Leaper, Bail–£50, George Bratton–£100, Catrina McCallister–£100, William Moore, Bail–£50, John Robertson, Bail–£50 King vs. Edmund Moran Indictment–Counterfeiting True Bill returned–May Assizes 1770 Defrauded Dennis Dougherty, James Young, James Murphy with a fraudulent £3 note Arraigned and pled not guilty Witnesses: Richard Miller Esq, James Young, James Murphy, Dennis Dougherty King vs. Edmund Moran Indictment–Counterfeiting True Bill Returned–30 December 1770–defrauded Archibald McIntire, Thomas McCrery[?], Adam Calhoun and Andrew Holmes with a 3£ note. Witnesses: Robert Miller, Esq., Archibald McIntire, Thomas McCrery[?], Adam Calhoun, Andrew Holmes King vs. William Culbertson Indictment-Counterfeiting–Intended to impoverish, cheat, deceive and defraud–30 December 1770 True Bill returned Examination of William Culbertson before Christopher Laws and Barnard Dougherty, JP’s–Bedford 11 January 1770. “Brought before us by warrant and charged on the examination of Harmon Rosenratz as an accomplice to Harmon Rosencratz, Joseph Billings, Charles Cormack, Samuel Pillow and George Kelly in forging and counterfeiting Bills of Credits.” Signed by William Culbertson King vs. Barnard Rippy Indictment–Counterfeiting True Bill Returned Intent to impoverish, cheat, deceive and defraud–3rd day of February 1770 Ignoramus–Jonathan Hoge, foreman–May 1770 Witness–Robert Matur King vs. Chas McCormick Indictment–Counterfeiting–Defrauded David Brown, Daniel Duncan, and Frederick Helm with a three pound note. True Bill Returned–May, 1770 Arraigned and pled not guilty Witnesses: Robert Sample, Thomas Shurn, David Brown, James Stringer, Henry Smith, Daniel Duncan, John Alis, Frederick Helm, George Long, Mary Hollan Final copy 28 October, 2008 338 Pennsylvania Genealogical Magazine Vol. 45 Deposition–Given Before John Rannells–and signed by mark. Ruth Chambers “received a 3£ bill of Penna money from a certain Mary McCormick; when she came home she give said bill to her husband Ezekiel Chambers and further sayeth not.” Deposition–given before Bernard Dougherty and Christopher Lemse[?] at Bedford 1 December 1770 and signed by mark. Thomas Shecon “sayeth that this morning as he was searching Charles McCormick’s saddle he therein found a bundle of 3£ bills which bundle contained thirteen Bills–that he delivered the said bills in the same paper in which he found them to Robert Sample Goaler . . . and this informant further sayeth not.” John Wilson, bound at £50 for the appearance of Henry Smiley at this Court of Oyer and Terminer is fit at Carlisle to testify on his Majesty’s behalf against Charles McCormick and not depart the same Court without licence. Recognizance–Binding the subjects to appear in court to give evidence against Charles McCormick, late of Conegoeheague: Thomas Shecon– 20£, Mary McCormack–50£, John Rannell–10£, Thomas Shecon, Bedford–20£, Daniel Duncan, Shippensburg–40£, Thomas Connell, Bedford–10£, William Miller, Carlyle–20£, James Stringer–50£, David Brown–50£, Samuel Lindsay, Henry Snively–50£, Mary Hollan–20£, Ezekiel Chambers–20£, James Cross–25£ to testify respecting a 3£ note which he received from David Brown and perhaps from Dr Henry Snively; George Long–10£ testify about a 3£ note received by Ruth Chambers from Mary McCormack The King vs. John Sanderson Indictment–Murder–Murder of Peter Oliver Returned, Ignoramus Discharged paying costs Presentment of the Grand Jury says “that John Sanderson late of Middleton township . . . with force and arms upon one Peter Oliver . . . an assault . . . shoot the aforesaid Peter Oliver in and upon the right knee who did die from his wounds. They say that the said John Sanderson in a manner and form feloniously and willfully did kill Peter Oliver.” Witnesses: Adam Wibly, John Kinkead, Jacob Wibly, Andrew Calhoun, Esq, Ann Oliver, William Lyons, Esq. King vs. John Sanderson Indictment–Manslaughter True Bill returned Arraigned and pled not guilty Petit Jury called 7 June 1771: Alexander Trimble, William Hudson, John Davis, James Young, John Woodel, John Rankin, George Hamilton, James Reynolds, Thomas Craighead, John Dickey, William Shams[?], Robert Poak. Verdict: Not Guilty Judgement: Discharged, paying costs Witnesses: Moses Shaw, Interpreters, Abraham Hess, Adam Weibly, Jacob Weibly, Andrew Calhoun, William Lyon, John Kinkaid, Daniel Irwin, Anne Oliver, Robert Campbell, Samuel Harper, Thomas Hillyer Final copy 28 October, 2008 2008 Oyer and Terminer, Minutes, Cumberland County 339 Inquisition on viewing the body of Peter Oliver, 3 October 1770, Middleton Township, before William Denny, Coroner by Charles Patterson, John Rowan, John McCurey, Jacob Saylor, Robert McHinzey, John Lee, William Hood, Christopher Vanleir, Samuel Colter, Timothy Shane, John Norris and Thomas Donnalen who say “on 8th of September in said year said Peter Oliver being in an apple orchard bout the hour of 11 or 12 o’clock of the evening of the said day there he the said Peter Oliver was shot at with a gun loaded with gun powder and cut shot by a person unknown– the said Peter Oliver received such wounds between his knee and the ancle joint of his right legg that he languished live until the second day of this instant October and so in manner and form aforesaid came to his death and not otherwise.” To the Constable at Middleton from Andrew Calhoun 29 October 1770, Jacob Wiple of Middleton Township saith “last night he was present at Widow Sandersons plantation, where and when he the said Jacob Wiple saw John Sanderson present a gunn with powder and lead and then and there did shute at a certain Peter Couper whereby there were about twenty drops of cutt shott lodged in the thigh and legg of the said Peter Couper by which he is much hurt and wounded, and in danger of loosing his legg. These are therefore . . . to charge and command you, the said John Sanderson to take and him bring before me or some other justice to be bound over to the said Quarter Session at Carlisle to be hold and be further proceeded against according to Law” Presentment of a grand Inquest, 6 June 1771, Jacob Byers, foreman “The Grand Jury do present John Kennedy for Manslaughter in the affair with Jacob [sic] Sanderson.” Recognizance: before William Lyon, 1 October 1770: John Sanderson–£100, William Sanderson–£50. Recognizance: Adam Wibly–£100, Jacob Wibly, bail–0-5-0, Jacob Wibly– £100, Adam Wibly, bail–0-5-0 King vs. Edward O’Neal Indictment–Murder–Murder of James Crowley True Bill Returned Arraigned, pled not guilty Petit jury called: George Brown, Patrick McFarlan, David Ralston, William Caruthers,William Lyon, John Nailor, Robert McArmb, Alexander Trimble, James Laughlin, Richard Rankin, Robert Sanderson, John Rentin, and Alexander McGihan Verdict: Guilty of Murder Judgment: Hanged by the neck until he be dead. Witnesses for King: John Nusgin, Thomas Patten, John Hamilton Witnesses for defendant: Robert Callender, Henry Prather, John Allison Presentment–Edward O’Neal late of Tyrone Township did with force and arms assault one James Crowley with a knife and willfully and of his malice aforethought kill and murder James Crowley. Witnesses: John Newgin, John Hamilton, Thomas Patton, William Lyon, Esq. Final copy 28 October, 2008 340 Pennsylvania Genealogical Magazine Vol. 45 Deposition before William Denny 9 November 1769: John Robertson, Carolina saith “about the 27th day of October, 1769 he the said deponent being in the house of William McDowell, Mrs. McDowell came into the room–crying there is a man murdered up yonder on which alarm some men ran to the place and carried in a certain Robert Hutchinson whom the said deponent thought was mortally wounded and after taking of his coat laid him to bead and asked the wounded man who shot him–who said he could not tell–but said he thought he knew the riffle gun in the murderer’s hand which brought a terror on him and did ride from him the said fellow immediately shot him down, stript him of his shews and stockings, hat and handkerchief and carried off his horse–farder the deponent saith not.” Signed, John Robertson Inquisition on the body of Robert Hutchinson 9 November 1769, Peters Township before William Denny by William McDowell, James Campbell, Adam Halliday, John Irwin, Matthew Balton, Francis Waddle, Moses Latta, William Waddle, John Welsh, James Patton, William Dicky, Thomas McConnell and William Donnelson say that on 27 October, about the hour of one o’clock, the aforesaid Robert Hutchinson being in the peace of God . . . was presumptiously assaulted by a fellow unknown and he the fellow having a riffle gun or fusil in his hands charged with powder and bullets and out of premeditated malice against the aforesaid Robert Hutchinson–discharged the same gave one mortal wound and Robert Hutchinson languished about 20 hours and died. Deposition, 9 November 1769–before William Denny John McMinnamy saith “on 27 of October, he the said deponent being at the house of William McConnells and about the hour of 2 o’clock after noon heard Mrs. McDowell cry out yonder is a murdered on which said Deponent quickly rose from the table where he was sitting and with some others ran to the place where a wounded man was bout 100 yds from the house and found him to be mortally hurt by the shot of a gun from whence he was now carried to the aforesaid house and laid on a bed and further saith not.” Signed, John McMinnamy Deposition, before William Denny 9 November 1769. Charles Brawnson saith “that on the 27th day of Oct. he the said deponent being sent for to come to the house of William McDowells to view a certain Robert Hutchinson who was wounded and said Deponent coming to said house found said Hutchinson mortally wounded by the shot of a gunn which he the said Hutchinson had received in at his left side behind his shoulder blade and in passing through the cavity of his body came out about his right shoulder from which wounds it went out and into his body and further saith not,” To the Keeper of the Public Gaol for Cumberland County From J. W. Rannel and Jonathan Hoge Thursday a certain Cornelius Dougherty was last fall apprehended at Fort Pitt on the charge of the killing of an Indian and being in custody of the Constable of Bedford was released from said Constables by a person unknown and he the said Cornelius Dougherty being now taken and brought before us the two Justices of the Peace for said County for said Final copy 28 October, 2008 2008 Oyer and Terminer, Minutes, Cumberland County 341 offense, we therefore command you that you receive the said Cornelius Doughtery and keep in safe custody in the Public Goal of said County until he be from thence discharged by due coarse of Law given under our hands and seals this 22 day of August 1770. The King vs. William Wallace Recognizance: James Barclay–£100; Ralph Nailor, bail–0-5-0; Mathew Miller– £100 Inquisition on the view of the Body of John Wallace taken on the 26th day of June 1770 by Matthew Miller, William Fleming, Henry Small, John Gray, Samuel Williamson, Samuel Irwin, John Holmes, William Byers, William Lamb, Samuel Harnimelm, Joseph Hensel and John Miller Jr. do say that “on the 20th day of June 1770 John Wallace was assaulted by a certain William Wallace, Jr. Keeper[?] of the town and county aforesaid and about . . . 6 o’clock of the day aforesaid did strike seven strokes with his left hand on the right side of the head and neck of the aforesaid John Wallace by which strokes the said John Wallace languished and languishing lived until the 26 day of June.” Examination of Samuel Wilson before William Lyon, J.P., 25 October 1768: “Deponent being in the house of his master Samuel Willson in West Pennsborough Township and in the forenoon of the said day seen Jean Willson the wife of the said Samuel carried to bed drunk as he thought and lay until dark or dusky time of that evening without shaking or sturing to his knowledge–and that about dark he the said Samuel went on the bed above the close where she the said Jean was lying–that the said Deponent being in the kitchen and by himself until about one o’clock of the same night at or about which time a certain Samuel Willson, Jr. and a certain William Megasey came into said Samuel’s house for to quarts of liquor or whiskey and going to the room’s door, asked said Samuel if he would rise and give them the liquor who replyd he would not but ordered this Deponent to draw the liquor and then said Willson and Megasey went from the house and further said Deponent saith that about the hour of 9 o’clock the same night, he the said Deponent being alone in the kitchen of said Samuel’s house and sitting by the fire, having a view through the room and to the bed where he the said Samuel and Jean his wife lay–the said Deponent heard the said Samuel make some disturbance in the bed and say he would turn all out of the house and would keep no damn whore in his house and that a few minutes after he the said Samuel shove or toss said Jean, the wife of said Samuel out of the bed and he the said Deponent not thinking anything extra ordenary between said Samuel and said Jean his wife, soon after went into the room where said Samuel and said Jean was lying to get sum cold victuals for his supper and casting his eye toward the bed where he the said Samuel and Jean his wife had layn and saw the said Jean lying with her face and body on the floore at which time said Deponent went to said Jean and putting his hands to her face to turn her head found her cold which gave him the said Deponent to believe the said Jean was dead and he the said Deponent in a surprise ran out of the house and latch a Final copy 28 October, 2008 342 Pennsylvania Genealogical Magazine Vol. 45 house in the stable and with all posable speed rode to George Douglass’s house and told his mistress was dead, to wit Jean Willson and that in the space of about ten minutes, he the said Douglass went to the house of the said Samuel and said Douglass asked said Deponent for a candle who replyd the candles being in the room where his master lay and was too short to cut one–and desiring him said George Douglass to cut a candle being taller than he and said George Douglass refusing, said Deponent went to a table drawer and found a piece of a candle and after lighting it went into the room with him the said George Douglass and found her the said Jean laying in the same position he the said Deponent had left her in when he went out of the house to bring said George and farder sayeth not.” Signed by mark Inquisition into the death of Jean Willson, West Pennsboro, Cumberland County 31 December 1769. “Those who viewed the body of Jean Willson in the lodging place of Samuel Willson, surviving husband found Jean Willson with such bruises about her neck that they surmised she had been strangled in her bed and then thrust out onto the floor thereby causing her death,” viz: George Douglass, George Beard, James Gordon, Robert McClure, John Patton, George Brown, Mathew Gregg, Alexander Offisler, Joseph Gordon, John Leach, Daniel Morrison, Robert McClarfane, William Douglass, Andrew McClarfane King vs. Samuel Willson Indictment–Murder True Bill returned, James Galbreath, Foreman Ignoramus Witnesses: Patrick Glannin, George Douglass, George Brown, Samuel Miller, John Dowling, A–[?] Officers, Mary Officers, Martha Douglass, Anne Gordon, Anne Dowling Recognizance: To appear next court to give evidence concerning a burglary committed by Laughlin O’Fee and John Cuhan on the house and goods of John Kearsley: John Dowland–£40, Samuel Willson–£20, Samuel Willson–£60, Margaret McClure–£40 Examination of Laughlin O’Fee, a prisoner in the Goal in Carlisle, 21 November 1769. “Saith a certain John Couhan who was taken up together with him this Deponent on suspicion of having committed a certain Felony and Braking the house of John Kearsley was not with his this Deponent’s knowledge any ways concerned or accessory to said felony and housebreakeing and further saith not.” Signed by mark Examination of Samuel Willson before William Lyon, J.P., 25 October 1768. “Saith that last Sunday about 1 or 2 o’clock of the evening his servant man Laughlin O’Fee left the house of him this Deponent and did not return to this Deponent’s knowledge untill Monday about 9 o’clock in the forenoon–that on this Deponent seeing him the said servant he had on a striped jecket . . . he this Deponent judged on as not his own–also a pair of old leather breeches in the hands of him the said servant and in a short time this Deponent was informed that the house of John Kearsley had been broken open and sundry goods taken but from thence and that Final copy 28 October, 2008 2008 Oyer and Terminer, Minutes, Cumberland County 343 the jecket which the said Laughlin O’Fee had on was belonging to the said John Kearsley this Deponent farther saith that the said Laughlin O’Fee being in his presence how he came to take them goods or what he designed to do with them he the said O’Fee said he would not tell, and being asked who was in company with him and telling him that if any person was assisting him in taking them goods, they ought to suffer with him, the said Laughlin O’Fee said that John Cuhan was with him in taking said goods, and further saith not.” Signed, Samuel Willson King vs. Laughlin O’Fee Indictment–Burglary True Bill, James Galbreath, Foreman, 29 October 1769: Did Break in with force and arms the mansion house of John Kearsley in West Pennsborough Township Ignoramus Witnesses: John Kearsley, Margaret McClure, John Dowling, Samuel Wilson, Jr., George Brown Goods Reported Stolen from John Kearsley: Cambles mans coat (15 sh.), Horn Comb (3p), Torn Sheet (5 sh.), 3 Woolen Blankets (35sh), 2 Cotton Jackets (15 sh.), Pillow (5 sh.), Buckskin B? (7), Womans Petticoat (5 sh. 5p), Cloth Breeches (2 sh. 5p), Diaper Tablecloth (5 sh.), Woolen Stockings (5 sh.), Check Apron (3 sh.), Linnen Shirt (5 sh. 6p), Printed Paperbook (18p), Calico Bedquilt (15 sh.), Pistol Capt Knife (6p) Andreas Calhoon, Esq. applies for a remission of his fine at the last Court of Oyer and Terminer for his non-attendance as a grand juror. Alexander Murray, James Adams, Hugh Alexander, William McClure, and John Cunningham are applying for a remission of their fines as petit jurors at last Court of Oyer and Terminer and offering sufficient reason for their non-attendance. The Court excuses them of their fines accordingly. Delinquent Constables viz: John Kenner, Hugh Wiley, James Moore, Joseph McClintock, James Watton, John Apra, and John Willson are fined in the sum of 20 shillings each. King vs. Hugh Rippy Indictment–Counterfeiting True Bill returned Arraigned, and pled not guilty Petit jury called, 26 May 1772: John Davis, Alexander Pebbles, Mathew Scull, Daniel Newan, Elias Dosifar, Robert Sanderson, David Bell, William Davison, Joseph McKinney, Alexander Trindle Witnesses: James Green Esq., Mathew Henderson, Esq., James Dunlap, Esq., William Pebbles, William Pebbles, Robert Pebbles, George Davison Verdict: Guilty of counterfeiting two pieces of eight, commonly called Spanish Dollars. Judgment: Pardoned and discharged paying fees. Recognizances before John Agnew 24 October 1771: James Green–200£, Benjamin Chambers–100£, Matthew Henderson–100£, James Dunlap– 10£ Final copy 28 October, 2008 344 Pennsylvania Genealogical Magazine Vol. 45 Deposition before Matthew Henderson and James Dunlap 21 September 1771: Philip Miller “doth declare that yesterday he was occasionally at John Adamston’s house, where were present said Adamston, Agness Wynn and himself. That some conversation then happened amongst them concerning counterfeit dollars that the said Agnes Wynn then said that Charity the wife of Hugh Rippy had showed her sister an handful of dollars and had said that they [meaning her husband and Jeff[?] ] had a great many more dollars, but that none of them was good, and that James Burns had told her the said Agness Wynn that he had one or more of the said dollars in his hands, and that the said Agness asked said Burns if they were like good dollars, to which he made answer that they looked very rough and that any body might know them to be counterfeit–that she further asked Burns if they had the herring band around them, to which he answered that in some parts they had or in some parts they had not– that he (Burns) had tried to bend them and that they bended very easily– and further this deponent saith not.” Recognizance taken before James Dunlop and Matthew Henderson, 21 September 1771 at Shippensburg: James Green–100£, Andrew Boydar– 50£, William Peoples–50£ Deposition before James Dunlap and Matthew Henderson, 21 September 1771–Margaret Rippey appeared and “doth declare that a few days ago, Charity, the wife of Hugh Rippey came to her, and told her that there had happened that morning some small dissatisfaction between her the said Charity and her husband. That upon her handling his saddlebags, she discovered in them some dollars, and asked him what money was that he had in the saddlebags, to which he answered it was only three dollars he had put there to bear his expenses, he being then going on a journey.” signed Margrit Rippey. N.B. The above deposition was taken before the defendant made his confession–this note signed by Matthew Henderson Deposition before James Dunlap and Matthew Henderson, 21 September 1771: William Greer “Doth declare that on Monday, the 16th instant in the evening Hugh Rippey give to him one pewter counterfeit dollar as a good dollar in payment for a pair of stockings which dollar he the said Greer has now produced before us, and that he the said Greer was afterwards present assisting William Peebles the Constable in searching for more of the same counterfeits, when said Rippey delivered the moulds for making such counterfeit dollars to the said Constable containing in them a part of another like dollar and that the said Hugh Rippey at the delivery of the said moulds said ‘there’s the thing they (meaning the counterfeit dollars) were made in.’ ” Signed William Greer Examination and confession of Hugh Rippey 21 September 1771 before Dunlap and Henderson: “the said Hugh Rippey on being charged before us of having uttered a counterfeit Spanish Dollar to William Greer (as appears in the oath of said Greer) was in uttery and thereof brought before us together with one counterfeit dollar and part of another, moulds or instruments for making the same and a quantity of cut pewter all found in his custody. And on his examination saith that on the ninth instant, being on the great road near Shippensburg, he met with a man Final copy 28 October, 2008 2008 Oyer and Terminer, Minutes, Cumberland County 345 who calls himself John White and acknowledged himself to be a runaway belonging to one McComb or Malcom of Cecil County–that said White than proposed to his Examinant that if he would procure him some pewter, he would make a mould for making dollars and give him part thereof–to which his examinant agreed, and accordingly they together made the mould for the said purpose, now before us,–that this examinant together with said White did make use of the same mould in running or making a number of Pewter dollars–that this examinant never attempted to utter or pass away any of the said dollars except that one which he paid to the above named James Greer, it being in the night through mistake, intending to have given a good one And that all the rest of said dollars he had in his custody, he threw away.” Constables fined 20 shillings for non-attendance: Wm Dixon–Armagh Township, Robertson Castiller[?]–Penns Township, Samuel Brice– Westpennsboro Township, Phillip Dannelly–Greenwood Township, David Drennan–MiddletownTownship Traverse Jurors made default: Daniel Duncan, James Reynolds, John McClennan, Samuel Montgomery, John Quigley, Adam McCormick, Wm Gettys, John Johnston, Robert McCay, Joseph Alexander, Thomas Moon, Samuel Williamson, John Orr, Rowland Harris, John Sample, Thomas Willson, William Beatty, and James Brotherton–each fined 3£. King vs. Michael Brandon Indictment–Buggery True Bill returned Had a venereal affair with a cow and committed the detestable and abominable crime of buggery, contrary to the order of nature. Arraigned–pled not guilty Witness: Thomas Smiley, Jr. Jury called 27 May 1772: William Dunwoody, Archibald Irwin, James Campble, George Woods, John Davis, Robert Galbreath, John Caruthers, John Trindle, Alexander Peoples, William Little and Joseph Hudson Verdict: Michael Brandon is not guilty. Examination before John Armstrong, Esq, 31 August, 1772 of Thomas Smiley. Deponent sayeth “on Thursday the 29th of this instant August in Middleton Township, being sent to bring home the cows, the aforesaid saw a certain Michael Brandon of the said township, Laborer, about ten of the clock of said day take a certain red and white cow with a bell about her neck by the horn, lead her about four rods off and tie her in a new clearing where said Brandon was at work and afterwards went to the top of a small hill and appeared to take a view. The aforementioned returned and took the butt end of a burned sapling placed it between him and the cow and unbuttoned his trousers and stood upon the sapling and catched the cow by the tail–the cow then began to kick and get loose the said Brandon catched her again and lead her some distance into the woods and tied her by the horn to a hickery grub and then brought a chunk of oakwood and got up on it and unbuttoned his Final copy 28 October, 2008 346 Pennsylvania Genealogical Magazine Vol. 45 trowsers and took the cow by the tail and took out his tool put the tail to one side and further sayeth he was then standing at about twenty five yards distance. Brandon make several motions towards the cow as though he was endeavoring to act with her, upon which this Examinant being afraid of said Brandon seeing him, left into the clearing to gether up the cows and coming behind the said Brandon saw him in motion toward the cow, upon which this examinant began to whistle and crack his whip, and thereupon, said Brandon ran into the woods leaving the cow tied, whereupon this examinant went up to the cow and cutt her loose and drove her home together with the other cows and further say not.” Recognizants: to appear in the Majesties behalf against Michael Brandon: Thomas Smiley–£100, Matthew Kenny–£20 King vs. John Lawrence Indictment–Robbery Returned by the Grand Jury Ignoramus Prisoner discharged by proclamation on payment of his fees. Deposition before John Agnew, Esq., 28 October 1771: David Kerr of Conegogig, Laborer did “say that on or about the 27th of October, instant, opening the door of Henry Gordon in Conegogig aforesaid, he was called into the house by one John Lawrence who was then in company with George Livingston of said County and was informed then by said Lawrence that a dispute had subsisted between him the said Lawrence and George Livingston and that said Livingston had given him said Lawrence a sum of money to make up the matter in dispute between them and that he the said Lawrence called in this deponent to hear what passed between them upon the occasion, apprehending as he informed this deponent that Livingston might afterwards say that said Lawrence had robbed him, and deponent further deposeth that said Lawrence asked the said Livingston in deponents presence–whether he gave him the money freely and of his own accord on account of the dispute, that Livingston then acknowledged he had or words to that purpose or effect.” Deposition before John Rannells, on the 19th day of October 1771 of Sarah Gordon who “sayeth that upon the 17th day of this instant, that a certain John Lawrence and a certain George Livingston came to this deponent’s house. Said Livingston looked to be very angry and vexed but said nothing to this deponent but dinner being on the table they both sat down to wit. Lawrence and Livingston to eat dinner and after dinner this deponent sat down to suckell her child that was crying and does not know what past between Lawrence and Livingston, but when she looked round, she saw said Lawrence standing with a chair holding it up by the back in both his hands, and Livingston standing before him, and this deponent sayeth that she heard Lawrence say to Livingston you will report that I robbed you of that money which I had got from you, that now you shall acknowledge that you gave it to me for some bad usage you had given my house and this deponent sayeth that she heard Livingston acknowledge that it was for that, he give Lawrence the said Final copy 28 October, 2008 2008 Oyer and Terminer, Minutes, Cumberland County 347 money and this deponent sayeth that said Lawrence told Livingston that if ever he heard that he spoke good or bad about that money or him that he would follow him twenty eight miles to lick him for speaking about him or the money either.” Recognizance–to insure that John Lawrence abide the judgment of the next Court of Quarter Sessions whatever shall be objected against him by George Livingston’s robbing him on the highway and not depart this court without license: John Lawrence–£100, James Mitchell–50£, James Protherington–50£ Recognizance–before J. W. Rannells 19th October 1771: George Livingston [Leviston]–£100 to give evidence as you know against John Lawrence concerning his robbing you of 13 shillings and 10 pence and not depart this Court without license. Fultain Lindsay–50£ to give evidence as you know against John Lawrence concerning his robbing you of 13 shillings and 10 pence–and not depart etc. Subpoena: George Livingston and John Lawrence are summoned to appear in Court 25 April 1772. Summons served by Samuel Adie[?], Sheriff. on the 19th instant. He notes that Livingston lives near to the Widow Blacks 27 miles from Carlyle. Elisabeth Orr and William Storey Indictment–Murder True Bill returned as to Elisabeth Orr. She did bring forth and murder her bastard child. Ignoramus as to William Storey Witnesses: Jonathan Hoge, Margaret Orr, Mary Storey, John Orr, Mary G[?]man, George Wood, James Davis, James Galbreath, Samuel McKenzie Recognizance: Before Jonathan Hoge 22 May 1773: Margaret Orr, single woman–£25, George Wood, yoeman–£25, to give evidence against Elisabeth Orr, now suspected of committing a felony and is committed to Goal. Examination: before Jonathan Hoge, 15 March 1773 of Elisabeth Orr, charged with secreting the birth, death, and murder of her bastard child and who saith, “she was delivered of a dead child the first of March about breakfast time–no one being in the house but a little girl named Elisabeth Monteeth–that she called to the girl when she was delivered who came but saith that she secreted it from her and saith she thinks that it was dead 2 days before it was born, as she was kicked by a cow on the side and did not feel it stir afterwards–that she told it to no person for about a week but William Storey whom she told the day she was delivered and desired him to bury it–but he answered that he would be hanged for it if he would–that she kept it in the bed with her and most of the day then kept it at the head of the bed until night when she put it out the window, but knows not who buryed it and saith that William Storey was in the house two different times that day in the morning and in the evening–asked her how she was each time and give her a dram the last time when she saith she told him she had born him a dead child and saith that she was on the floor when she delivered and that the navel string broke of itself–that she give the afterbirth to said Elisabeth Monteeth Final copy 28 October, 2008 348 Pennsylvania Genealogical Magazine Vol. 45 two or three days afterward and bade her throw it in a hole in the back of the house and keep it secret but saith that she did not know that the child was buryed there and that she did not make any clothes for it.” Recognizance: before Jonathan Hoge, 21 May 1773: John Storey–£20 (for his wife Marey Storey to give evidence against Elisabeth Orr). Confession before John Orr–Elisabeth Orr saith “William Storey said he could not bury her child but would make a hole for it in the old weaver shop, but Elisabeth had to put it in the hole–but she was not able to do it. William Storey bade me to ceap it quiet.” Examination: Taken before Jonathan Hoge, 13 March 1773: William Storey saith “1st of March, he came to house of John Orr to borrow a bottle– asked Elisabeth for it, she being in bed and seemed to be trembling. John Orr and a little girl were about the house. He then went down to Stuart Ronins store and as he came home went into John Orr’s house where there was no person but Elisabeth and the little girls. He walked into the room where said Elisabeth Orr was lying in bed and asked her if she was better and give her a dram. Went immediately home and stayed all night and saith that he did not hear by any person that said Elisabeth Orr had laid a child to him until today, the 9th instant and saith that he is altogether innocent of the charge laid against him of murdering said Elisabeth Orr’s child but expected to suffer for it as many innocent persons before him had suffered.” Inquisition taken in Eastpensboro Township, 13 March 1773 before Samuel Laird, Coroner and David Hoge, James Oliver, Robert Urie, William Geddes, Alexander Trindle, John Wilson, Sr., Jonathan Read, Christopher Quigley, George Woods, John Shearer, John Quigley, George Shawley, Jeremiah Robeson, William Forbes and Edward Graham who do say that Elisabeth Orr, spinster living in the house of her brother John Orr was delivered of a bastard female child which she feloniously suffered to die for want of proper care. Examination before Jonathan Hoge, 28 April 1773: Elisabeth Montooth, who refused to be sworn saith “she was at home alone along with Elisabeth Orr on the first of March and that the said Elisabeth Orr sent her twice that day to Marey Storey, that said Elisabeth Orr was sick that day as she said with the colick and called her to her two or three times that day to give her a drink and saith that she saw nothing of a child that day with her–that on the third day after the day she was sick, said Orr give her a pot with something which she did not see in it and had her throw what was in it in a hole at the back of the house which this examinant saith that she did and said Orr had her not to tell what she saw and that William Storey was twice at the house that day. Orr was sick and was in the room with her one of the times which was a little before breakfast time of the said day.” Recognizance: Before Jonathan Hoge, to give evidence against Elisabeth Orr: James Davis–£10, George Wood–£20, James Galbreath–£20, John Orr– £20, Samuel Laird–£20, Samuel McKenzie–£20 (To be continued.) Final copy 28 October, 2008