J. G. Williams vs. Timothy Holmes-Greene Co, NCGenWeb

Greene County NCGenWeb

J. G. Williams vs. Timothy Holmes

Miscellaneous Papers of Greene County, NC
North Carolina Archives, Raleigh, NC
Translated by Lonne Stone Heath

J. G. Williams vs. Timothy Holmes
A copy of the Records

Recorded the 26th Decr. 1804
J. Hooker CC

Rec’d & filed 28th Dec’r 1804

North Carolina,
I hereby Certify that in the Record and proceedings of Green County Court of Pleas and Quarter Sessions among other things, is contained as follows,
Pleas held before William Ormond. Thomas Holliday and Thomas Edwards Esquires and other Justices of the Peace for and within the said county of Greene, at the Court House at Snow Hill on the second Monday in November, One thousand eighty four _____
Be it remembered that heretofore (towit) on the second Monday in November, in the year one thousand eight hundred and three came Pherebe Sheppard, James Glasgow Williams, who sues by Nancy Williams, his next friend and complains against Timothy Holmes in the following manner (towit)_____
State of North Carolina,
To the Sheriff of Green County Greeting. You are hereby commanded to take the Body of Timothy Holmes he to be found in your County, and him Safely keep So that you have before the Justices of our County Court of Pleas and Quarter Sessions held for the County of Greene At the Court House at Snow Hill the Second Monday in November next then and there to answer Pherebe Sheppard, James Glasgow Williams, an infant within the age of twenty one years who sues in this behalf, by his next friend Nancy Williams of a plea that he render him one Negro Man Slave named Milby of the price of three hundred pounds currency which from him he unjustly detains to his damage three hundred & twenty pounds currency_____
Here in fail not and have you then and there this writ. Witness James Hooker, Clerk of our said Court at Snow Hill the 13th day of August 1803 and in the 28th year of our Independence _____
Test. J. Hooker, CC
And the said writ being issued & returned by the Sheriff, Executed on the said Second Monday in November in the year 1803 - as aforesaid When came the Said Plaintiff by Edward Harris Esquire his Attorney, and the said Defendant, Timothy Holmes, by Benjamin Woods Esquire his attorney so comes and defends the force injury & damage above set forth against him ...and pleads the Gen’l issue and for Trial puts himself upon his Country and the said Plaintiff doth likewise.___________
Therefore it was commanded by the justices here aforesaid that a Jury of the same come before the Justices of the Next County Court of Pleas and Quarter Sessions to be held for the said County on the Second Monday of Feb’ry then next following, in the year one thousand eight hundred and four, when the parties aforesaid by their attornies aforesaid appeared. And for sufficient reasons known to & approved of by the said Court, the trial of the issue between the parties aforesaid was continued until the next Term at which time to wit, the Second Monday in May in the year as last aforesaid. When the Parties aforesaid by their attornies appeared, and the trial thereof between the parties aforesaid was further continued, on affidavit of the Defendant for the want of Wm. Roberson, untill the next Term, at which Term to wit August, the next following, when the parties aforesaid, by their attornies aforesaid, appeared. And the Trial thereof, was continued by concent of the parties untill the present Term to wit, the Second Monday in November in the year one thousand eight hundred & four, when the parties aforesaid by their attornies, being present. And a Jury of the Country being (torn) also came, to wit, Jerimiah Barrow, Ruffin Pridgeon, Daniel (torn) Ezekiel Ward, Thomas Howell, John Sugg Jun’r., Dewry Aldridge, Adam Heath, John Heath, Samuel Wade, Theophilus Dillard and Henry Moring who being chosen tried 7 sworn, upon their oaths, find the Defendant does not obtain the Negro in dispute. Whereupon it is considered by the Justices here aforesaid that the said Defendant do recover of the said Plaintiff, the sum of twenty four pounds five shillings & one penny for his costs of suit in this behalf. With which Judgment the plaintiff being dissatisfied, prays an appeal, to the next Superior Court of Law to be held for the District of Newbern at the Court House in Newbern on the fifteenth day of January next, which was accordingly granted and his entering into bond with William O. Speight & West Edwards his Securities, in the sum of one hundred pounds currency, agreeable to Law____Given under my hand and the seal of the County at Office this 4th day of December Anno Dom. 1804, Attest, J. Hooker, CC

P.S. J. G. Williams
vs
Timothy Holmes
Bill of Costs

For the Writ and Bond
3 continuances @ 3
State Tax, Trial
5 Subpoenas @ 1/6 each
Transcript of the Record 8/ Seal 2/6
Appeal Bond 6/

Attornies fee 4 of B. W.
Sheriff Greene of Executing the Writ
for Summoning 11 Witnesses a 3/ea
Sheriff Edgecombe summons/witness 3/

Witnesses:
William Roberson’s Attend.
James Holmes’ Attend.
Samuel Brown’s Attend.
Henry Moring’s Attend.
Debby Ellis’s Attend.
Joseph Scurlock’s Attend.
Henry Best’s Attend.
Edward Holmes’ Attend.
Charles Carr’s Esq’r. Attend.

(totaling 24 pounds)

Test. J. Hooker, CC

******************************

P.S. J. G. Williams
vs
T. Holmes

Deposition of Sam’l Brown
To the Judge of the Superior Court of Law for Newbern District

In pursuance of the annexed deposition to me directed the witness therein named appeared before me and in the presence of the defendant, plaintiff did not appear, proceeded to the (torn)ation and the deposition of said witness (torn) send under my hand and seal, given under my hand and seal, this 10 da of August 1805 ____

State of No Carolina
Greene County
In pursuance of a commission from Newbern Superior Court to me directed for the purpose of taking the Deposition of Samuel Brown as a Witness in a certain matter of controversy depending in said court; wherein P. S. J. G. Williams by his next friend James Glasgow is plaintiff and Timothy Holmes are defendant, the part of s’d Defendant: having caused said Samuel Brown personally to appear before me & after first being Sworn on the Holy Evangelists of Almighty God; deposes and says that on or about the year 1796 as he believes, he the Deponent happened at the dwelling House of Wolloby Williams, where was Colo. Glasgow, and a certain William Terral, said Williams was boasting largely about his having one more negroe (a man Milby) by his wife Nancy than her father had give the rest of her sisters; Colo. Glasgow replyed to said Williams that he new need not boast, he (ineligible) to tell the company how it happened. Accordingly he proceeded to relate the case that was, That the s’d Glasgow bought a plantation of Abraham Barnes in Edgecombe County, on White Oak, which Land he has given to his daughter Mrs. Williams, that S’d Mrs. Williams & her Husband Mr. Williams sold said Land and by that means got the s’d negroe, Millby, but they must observe said Colo. Glasgow, that he did not intend ever to make his s’d Daughter Nancy a right to anymore or other Lands as they had sold that, and got Millby and other property thereby. This Deponent further says, that the s’d Willoby Williams & wife had previous to this been in peaceable possession (eligible & use?) of s’d negroe as well as he can recall (torn) six years; and continued so until the s’d (torn) sold unto Burwell Moring s’d negroe which (torn) believes to be about six years more; S’d (torn) further says that he was the whole time (torn) near lives to them s’d Williams & Glasgow and never heard of Glasgow, nor no other persons setting up a claim to s’d negroe until just before the sale of him to Moring. Further, (torn) he the Deponent believes s’d Glasgow never made a Title to his said daughter Nancy Williams nor to William’s himself, to the Land and plantation, they then did, and continued to live on until Colo. Glasgow made a right of part to him (torn) the Deponent, and the rest to Abraham Darden to whom it was sold. And this Deponent further sayeth not.
The above was sworn to the 10th Day of August 1805 before me. Henry Edwards
Signed by Samuel Brown, his mark X

Transcribed and submitted by Lonne Heath

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