51.             Tuesday, January 3d 1854

 

At a Court held for Russell County at the Courthouse on Tuesday the 3d day of January, 1854

 

Present, John T. Smith presiding justice and Wilson Elliott and George Snodgrass, other justices.

 

The following list of Writings admitted to record by the Clerk of this Court since the last Term in his Office, was read in Court and ordered to be inserted in the minutes:

 

A Deed of bargain and sale for land from Elias Hicks & wife to Abraham Fuller, dated the 10th of October 1853, and admitted to record the 6th of December 1853.

 

Two deeds of bargain and sale for land from Jessee Salliers & wife, one to James Baker and the other to Oregon Dickenson dated the 17th of November 1853, and admitted to record the 6th of December 1853.

 

An Indenture of bargain and sale for land from Isham Hall & wife to John W. Hall dated the 29th of July 1853, and admitted to record the 6th of December 1853.

 

A Deed of bargain and sale for land from Abraham Thomas & wife to George Cowan, dated the 8th of December 1853, and admitted to record the 12th of December 1853.

 

Two Deeds for land from Warders Attorney, one to Eli Vanover and the other to John Mullins senr., dated the 22d of Decr. 1853, and admitted to record the 23d of December 1853.

 

Two deeds of bargain and sale for land from the same one to Henry & Spencer Adkins & the other to Alexander Russell and Matthew S. Robinson, dated & admitted to record the 23d of December 1853.

 

A Deed of Trust for land from Harvey G. Dyer to James P. Carrell, dated and admitted to record the 29th of December 1853.

 

A Deed of bargain and sale for land from John Shortridge & others to Henry Fogleman, dated the 1st of November 1853, and admitted to record the 29th of December 1853.

 

The following additional hands are assigned to Reuben Finney Surveyor of a road, Isaac Neel, Solomon Musick & son, George Grizzle and Jacob Musick.

 

The following additional hands are assigned to Elijah Sutherland surveyor of a road, Elihu Long, Timothy Jessee, Tevis Jessee, John Farris, Noah Fuller, Abednego Kiser, Isaac McReynolds, Robert Mcreynolds, Edward Kelley, Jefferson Jessee and slave Harvey, Noah Kizer, Hugh Kizer & Marion Kizer.

 

The following additional hands are assigned to Noah Kiser surveyor of a road: Abraham Fuller, Michael Kelley, James Rasnick, Thomas Self, Joshua Smith, Marion Breeding, James Grizzle and Hugh Turner.

 

 

 

 

 

52                    Tuesday, January 3d 1854.

 

On the application of Abel Alderson for an alteration in the road from the Moccasin Road at Dickenson's line to near where the road from Browning's Mill intersects it, the said application is referred to John H. S. Fugate one of the road commissioners, to view and report thereon according to law.

 

On the application of Isaiah Drake for a new road in this county from the Turnpike at Daniel Salliers' by said Drake's to the line of Scott County for the convenience of travelling, the said application is referred to John H. S. Fugate one of the road commissioners, to view and report thereon according to law.

 

Ordered that Elijah Sutherland procure a sledge and crow bar and blowing tools to the used by him and Noah Kizer on the new road to be opened of which they are appointed surveyors, the cost of which is to be defrayed by County levy.

 

On the application of James Hartsock for a new road in this county from his home to the turnpike for the convenience of travelling, the said application is referred to John H. S. Fugate one of the road commissioners, to view and report thereon according to law.

 

Ordered that George H. Dyer be appointed surveyor of the road in room of Charles C. Dickenson, and to keep the same in repair with the following tithables: Charles C. Dickenson, Henry Dickenson, Henry M. Self, Wilson Evans, Jeremiah Couch, James Counts, Charles Dickenson's slave George.

 

The following additional hands are ordered to work under Osborn Howell surveyor of the road from the Pound River to John Mullins meadow on George's Creek, James Briant, Zebedee Poe, David C. Phipps, Alfred While, Thomas Adams, Preston M. Phipps, William Phipps, William H. Henley, Isham Mullins, John Ward, Marshall Mullins jr., Wm. Vanover, James Osborn, Wesley Vanover, Peter Howell, George Howell, Martin Venters, James Eastep, Anderson Eastep, James Venters, Joseph Briant, John Branham, Martin Branham, Tandy Branham and Moses Sowards.

 

On the application of James P. Carrell to discontinue to road from below the Lebanon Academy to little Cedar Creek, and it appearing to the Court that notice of said application has been put up at the Courthouse door of this County and at two public places in the neighborhood on the first day of the last December Term, the Court doth appoint Wm. B. Aston, David G. Thomas and George A. Pruner to view said road and report to the Court in writing, whether in their opinion any, and if any, what inconvenience would result from discontinuing said road.

 

 

 

 

 

 

                   Tuesday, January 3d 1854.                 53

 

Present, Joseph Kelley and Skidmore Munsey, justices.

 

James Vicars, late of the County of Russell who has been committed for trail before this Court for a felony by him committed in this, that he did on the night of the 5th of November 1853 in the said County, riotously, tumultuously, unlawfully and feloniously in part pull down and destroy the dwelling house of John Burk there situate, was brought to the bar in keeper of the jail of this county; whereupon the Attorney for the Commonwealth stating, and it appearing that an important witness on the part of the prosecution does not attend, by consent of the prisoner by hos counsel, his examination is continued till tomorrow and he was then remanded to jail.

 

Jacob Owens     Appellant

against    } On an appeal from a justices judgment.

Ransom Suit     Appellee

 

By consent of the parties this case is continued till the next April Term.

 

The following tithables are assigned to Napoleon B. Gray surveyor of a road: Harvey Gray, Alexander Leece, Samuel Leece jr., Aaron Shell, Obed Burnett, Thomas Thompson, David Barnett, John Bronett, Henry Bronett, Henry Newcum, Alfred Thompson, Daniel Mercer, ________ Collins, Robert B. Cates, slaves of Samuel Leece, Jim, Nathan, Frank, David, Barney, slaves of Col. Gray, Lewis, Elisha, Bob, Joseph, Nelson, Jim. Alexander, slave of N. B. Grays, and Spencer Wright.

 

Ordered that Charles C. J. Dickenson (son of James Dickenson) be appointed surveyor of the road from the ford of Clinch River to the Buffalo Stamp on Copper Ridge in room of Nathaniel Dickenson, and that he keep the same in repair with the following tithables: Thomas T. Dickenson, Edmund, Humphrey and Wilson slaves of James Dickenson; James H. Dickenson, James Bickley, Fletcher Bickley, Bickley's Dan, Thos. D. P. Dickenson son of Nathaniel, Jas. H. Gray, John Dickenson and slaves Anderson, Reuben and his other male slaves, Robert Dickenson, Littleberry Dickenson, Thomas J. Smith, James Dickenson son of Nathaniel, Hiram Cowder Dickenson, Doct John W. Byars, Ganaway at Bickley's, Joseph Combs, Alexander Hall, Josiah D. Burk, James McReynolds, and James a free man of colour.

 

On motion of James Whitt by his counsel who filed his bill an injunction is granted him to stay all further proceedings on a Deed of trust executed by him to James P. Carrell till the further order of this Court: but this injunction is not to take effect till the Complainant shall have filed with the Clerk of this Court bond with sufficient security in the penalty of $500.00, conditioned to prosecute with effect.

 

 

 

 

 

54                  Tuesday, January 3d 1854. 

 

This day George W. Candler Commissioner of the Revenue for the Western District of this county for the year 1853, produced an account of his services, and the Court have considered that seventy five days were requisite for said Commissioner to perform the services aforesaid beyond fifty days the regular allowance.

 

This day Hiram Howard Commissioner of the Revenue for the Eastern District of this county for the year 1853, produced an account of his services, and the Court have considered that seventy five days were requisite for said Commissioner to perform the services aforesaid beyond fifty days the regular allowance.

 

On the application of Anderson Hendricks for a new road in this county from the main road near Shadrach Williams to the Mountain road; the summons heretofore awarded Summons James W. Hendricks, Samuel E. Gilmer, Esais Bowman, Dale Carter and Abel Alderson and Shadrach Williams to appear here at this term to show cause why said road should not be established appeared in Court; except said Bowman and not asking for writs of Ad qued damnum, it is ordered that said Road be opened and established agreeably to the Report of the road Commissioner, to be opened 20 feet wide and dug and levelled 10 feet; and James W. Hendricks is appointed Surveyor thereof said Bowman is allowed $10 damages and said Williams $5 damages with leave to put up gates; the other persons claimed no damages.

 

George W. Smith a Constable of Russell County produced his account against the Commonwealth for arresting Franklin Smith charged with Grand Larceny, summoning witnesses and travelling amounting to $14.40; and for arresting Edward Stanley for a misdemeanor and summoning three witnesses, amounting to $1.20.

 

The account of Preston Phipps against the Commonwealth for assisting in the arrest of said Franklin Smith and travelling, amounting to $11.00, were allowed by this Court, said services being proven in Court by the oath of said George W. Smith, and ordered to be certified to the Auditor of Public Accounts.

 

The Court certifies that in making the orders exonerating, at February Court 1853, Jefferson Sowards from the payment of a State Tax of 41 40/100 cents for 1852; exonerating David Jessee, at May Court 1853, from the payment of $2.77 20/100 of public taxes improperly charged to him for the year 1852; and exonerating at March Court 1853, Charles Burdine a free man of colour from the payment of his State tax for 1852 of $1.00, the Attorney for the Commonwealth was present defending the interests of the State, & now agrees to the exonerations.

 

Ordered that the Court be adjourned till tomorrow morning at 10 Oclock.

 

John T. Smith

 

 

 

 

 

               Wednesday, January 4th 1854                55

 

At a Court continued and held for Russell County at the Courthouse on Wednesday, the 4th day of January 1854.

 

Present, John T. Smith, presiding justice and Wilson Elliott, George Snodgrass, Wm. G. McConnell and Skidmore Munsey, other justices.

 

James Vicars late of the County of Russell who has been committed for trail before this Court for a felony by him committed, in this, that he did on the night of the 5th of Novr. 1853 in the said County, riotously, tumultously, unlawfully and feloniously in part pull down and destroy the dwelling house of John Burk there situate, was again brought to the bar in custody of the keeper of the jail of said County; and the Attorney for the Commonwealth suggesting, and it appearing to the Court that a witness, important in the prosecution of the case is absent, by consent, as well of the Attorney for the Commonwealth as the accused, the examination of the case is continued till Friday the 6th day of this month; and thereupon the prisoner is remanded to jail.

 

Charles C. Gibson, William Sallyer, John Kindrick, Jacob Castle, Jackson Carty, came into Court, and severally acknowledged themselves indebted to the Commonwealth of Virginia in the sum of One hundred dollars each, of their respective lands and tenements goods and chattels to be levied and to the said Commonwealth for the use thereof to be rendered. Yet upon condition that if the said Charles C. Gibson, William Salyer, John Kindrick, Jacob Castle and Jackson Carty shall severally appear before the justices of this Court on Friday next the 6th instant at the Courthouse to give evidence in behalf of the Commonwealth against James Vicars charged with felony, and shall not depart thence with out the leave of the Court, then this recognizance is to be void.

 

James Salyer came into Court and acknowledged himself indebted to the Commonwealth of Virginia in the sum of One hundred dollars of his goods and chattels, lands and tenements to be levied and to the said Commonwealth for the use thereof to be rendered. Yet upon condition that if the said  Sallyers wife Sarah and his son and daughter Mary and James, who are minors, shall severally appear before the Justices of this Court, at the Courthouse on Friday the 6th day of this month to give evidence in behalf of the Commonwealth against James Vicars charged with felony, and shall not depart thence without the leave of the Court, then this recognizance is to be void.

 

James Stapleton, John H. Salyer, Isaiah Drake, Henry Culbertson, David C. Vicars, Sarah Vicars, Samuel Vicars, Susanah Elam, & James Hartsock, came into Court and severally acknowledged themselves indebted to the Commonwealth of Virginia

 

 

 

 

 

56                    Wednesday, January 4th 1854

 

in the sum of hone hundred dollars each of their respective lands and tenements, goods and chattels to be levied, and to the said Commonwealth for the use thereof to be rendered: Yet upon this condition, that if they shall severally appear before the justices of this Court at the Courthouse on Friday next the 6th day of this month, to give evidence in behalf of James Vicars charged with felony, and shall not depart thence without the leave of the Court, then this recognizance is to be void.

 

David C. Vicars came into Court and acknowledged himself indebted to the Commonwealth of Virginia, in the sum of one hundred dollars, of his lands and tenements, goods and chattels to be levied, and to the said Commonwealth for the use thereof to be rendered; Yet upon this condition that if Jemima Vicars his sister who is under the age of 21 years shall personally appear before the justices of this Court at the Courthouse on Friday next the 6th day of this month, to give evidence in behalf of James Vicars charged with felony, and shall not depart thence without the leave of the Court, then this recognizance is to be void.

 

John Kindrick came into Court and acknowledged himself indebted to the Commonwealth of Virginia, in the sum of one hundred dollars, of his lands and tenements, goods and chattels to be levied, and to the said Commonwealth for the use thereof to be rendered; Yet upon this condition that if Martin Kindrick who is an infant and son of the said John Kindrick shall personally appear before the justices of this Court at the Courthouse on Friday the 6th day of this month, to give evidence in behalf of James Vicars charged with felony, and shall not depart thence without the leave of the Court, then this recognizance is to be void.

 

It appearing to the Court that Margaret Castle a witness summoned to attend here in behalf of James Vicars charged with felony, refuses to attend, on motion of said Vicars by his counsel an attachment is awarded to be directed to the sheriff or any constable of Russell County, requiring him to take into his custody and cause the said Margaret Castle to appear before this Court on Friday next the 6th instant, to give evidence in the case aforesaid.

 

Ordered that this Court be adjourned till Friday next at 10 O'clock, A. M.

 

John T. Smith

 

 

 

 

            Friday, January 6th 1854.        57

 

 

At a Court continued and held for Russell County at the Courthouse on Friday the 6th day of January 1854

 

Present John T. Smith presiding justice, and Wilson Elliott, George Snodgrass, Wm. G. McConnell and Skidmore Munsey, other justices.

 

On motion of Esais Bowman through whose land a road has lately been ordered to be opened on the application of Anderson Hendricks, the report of the Road Commissioners is recommitted to him so far as the same affects the interests of said Bowman, to make any alteration proposed by said Bowman, and that said Commissioners report thereon according to law.

 

On the motion of Sarah Saul who made oath, and together with Peter B. Henritze her security entered into and acknowledged a bond in the penalty of fifty dollars conditioned according to law, certificate is granted her for obtaining letters of administration on the estate of John Viney decd in due form.

 

James Vicars late of the County of Russell who has been committed for examination before this Court for a felony by him committed, in this, that he did on the 5th of November 1853, in the said County, riotously, tumultously, unlawfully and feloniously on part pull down and destroy the dwelling house of John Burk there situate, was again brought to the bar in custody of the keeper of the jail of said County, and by consent as well of the Attorney for the Commonwealth as the prisoner by his counsel the taking of the depositions of the material witnesses in the case was dispense with; and the Court having heard and considered the testimony is of opinion that the prisoner ought to be acquitted of said felony and he is accordingly acquitted and discharged.

 

Ordered that the Court be adjourned till Court in course.