HAWKINS COUNTY CIRCUIT COURT MINUTES
This document was transcribed by Teresa Helton from documents obtained at the Hawkins County Courthouse in Rogersville, Tennessee.
p-1 State of Tennessee Hawkins County First Circuit 1810
Be it Remembered that at a Circuit court opened and holden the first Monday of October in the year of our Lord one thousand eight hundred & ten at the Court House in the town of Rogersville for the County of Hawkins within the first Circuit a commission was produced form the Govenor and under the Great Seal of the State appointing Wm. Cocke Judge of the first Circuit of the Court of law and Equity in the following words to wit, Willie Blount Govenor in and over the State of Tennessee - To all who shall see these presents Greeting Whereas the General Assembly by Joint ballot of both Houses did on twenty fourth day of November instant duly elect William Cocke Judge of the first Circuit of the Court of law & Equity for the State aforesaid. Now know ye that I Willie Blount Govenor as aforesaid in pursuance of the power in me vested by the constitution of this State and in compliance with the requisition of the Seventh Section of an act of general assembly Entitled an Act to establish Circuit Courts and a Supreme Court of Errors and appeals do by these presents commission the Said Wm. Cocke a Judge for the first Circuit of the Court of law & Equity aforesaid To have & to hold the said office during good behavior and his residence within the limits of the Circuit aforesaid with all the privelage and emoluments thereto of right appertaining. Given under my hand & the great Seal of the State at Knoxville this twenty fourth day of November 1809.
By the Govenor Willie Blount Robt. Houston Secty. Upon the back of said commission is the following Indorsements to wit, State of Tennessee Grainger County it remembered that on this first day of (p-2) January A. D. 1810 the honorable Wm. Cocke Judge of the first Circuit personally came before me Thomas Henderson Chairman of the Court of Pleas & Quarter Sessions for Grainger County and took the oath of Judge as presented by Act of the General Assembly of the State of Tennessee Intitled an Act to Establish Circuit Court and a Supreme Court of Errors & appeals given under my hand at Rutledge in the County aforesaid the day & date first above written.
Absolam Looney Esquire high Sheriff for Hawkins County by Thos. Gillinwaters his deputy returns his venire Facias Executed upon the following persons except George Maxwell, Wm. Armstrong Esqr. William Young, and David Kincaid to wit, Hezekiah Hamblen, Robert Nall, George Maxwell, Wm. Armstrong, Esquire Wm. Young, Jos. McMinn, John Critzs, Jos. M. Anderson, Andrew Galbraith, Wm. Paine, Gabriel McCraw, Pharoah Cobb, Nicholas Long, David Boyler, Samuel Riggs, Micaja Hall, Joel Gillinwaters, David Kincaid Esqr, Absolam Looney, Esqr. George Hale, Francis Dalzell, Andrew Campbell, Jacob Miller, James Haygood, Reubon Barnard, Eskeredge Kenner, Robert McMinn, John Ellis, John Lucas, Wm. McCarty, Thomas Armstrong, Shff. John Johnson, John Reines, Samuel Smith, Rodham Kenner, Hugh G. Moore, William Owens, Thos. Jackson & John Hamblen, out of whom Venire Facias the following persons were balloted a grand Jury to the present Term to Wit;
1. Joseph McMinn Foreman, 2. John Critz, 3. George Hale, 4. John Hamblen, 5. John Reines, 6. James Haygood, 7. Gabriel McCraw, 8. David Boyler, (p-3) 9. John Johnston, 10. Hezekiah Hamblen, 11. Robert McMinn, 12. Jacob Miller, 13. Joel Gillenwater, 14. Samuel Smith and 15. Rodham Kenner, who was sworn & charged by the Honorable William Cocke Michael Rork constable was sworn to attend the grand Jury the present Term - The following persons filed their affidavits and were excused as Jurors to this Term to wit, Eskridge Kenner, Nicholas Long, William Paine & Thomas Jackson.
A Deed of conveyance from Robert King to John King for a track of land containing four hundred acres be the same more or less was proven in open court by the oath of John Crawford one of the Subscribing witnesses thereto and filed in the office. Court adjournes till tomorrow 8 oclock.
Wm. Cocke (Seal) Judge of the first Circuit
Tuesday Morning Court met according to adjournment. Present the Honorable Wm. Cocke The court then proceeded to the appointment of a Clerk of the Circuit Court of law & Equity in and for the County of Hawkins aforesaid and thereupon did appoint Thomas Cocke to that office. Whereupon the said Thomas Cocke together with John Cocke and F. Jack his securities entered into bonds in the following words to wit -
Know all men by these presents that we Thos. Cocke, John Cocke, & John F. Jack are held and Firmley bound unto Willie Blount Governor in & over the State of Tennessee in the sum of ten thousand dollars to be paid unto the said Willie Blount or his successors in office to the which payment well & truly to be made we bind ourselves. (P-4) or our heirs executors and administrators firmly by these presents sealed with our seales and dated this second day of October A. D. 1810.
The condition of the above obligation is such that whereas the above bounden Thomas Cocke hath the day of the date hereof been appointed Clerk of the Circuit Court of Hawkins County within the first Circuit. Now if the said Thomas Cocke shall safely keep the Records of said Court & shall faithfully discharge the duties of his said office then the obligation to be void otherwise to remain in full force and virtue in Law.
Signed sealed & delivered Thomas Cocke (Seal) in open court. John Cocke (Seal) Judge of the first Circuit John F. Jack (Seal)
Know all men by these presents that we Thomas Cocke, John Cocke, & John F. Jack are held & firmly bound unto Willie Blount Govenor in and over the State of Tennessee in the sum of one thousand dollars to be paid unto the said Willie Blount or his successors in office to the which payment well & truly to be made we bind ourselves our heirs executors & administrators firmly by these presents sealed with our seals and dated this second day of October A. D. 1810.
The condition of the above obligation is such that whereas the above bounden Thomas Cocke hath the day of the date hereof been appointed Clerk of the Circuit Court for Hawkins County within the first Circuit now if the Said Thomas Cocke shall well truly & faithfully account for and pay unto the Treasurer of the District of Washington and Hamilton all publick monies which (p-5) he shall receive at the time and in the manner perscribed by Law then the above obligation to be void and of none effect otherwise to remain in full force and virtus in law. Signed sealed & delivered Thomas Cocke (Seal) in open court. John Cocke (Seal) Wm. Cocke Judge of first Circuit John F. Jack (Seal)
Know all men by these presents that we Thomas Cocke, John Cocke, John F. Jack are held & firmly bound unto Willie Blount Govenor in & over the State of Tennessee in the Sum of five hundred dollars to be paid unto the Said Willie Bount or his successors in office to the which payment well and truly to be made and done we bind ourselbes our heirs executors & administrators firmly by these presents Sealed with our Seals and dated this Second day of October A. D. 1810.
Know that the condition of the above obligation is such that whereas the above bounden Thomas Cocke hath the day of the date hereof been appointed Clerk of the Circuit Court for Hawkins County within the first Circuit now if the Said Thomas Cocke shall well truly & faithfully account for and pay unto the people of the State of Tennessee all such Sums of money as he shall receive and which is or shall be by law made payable to them. Then the above obligation to be void and of none effect. Otherwise to remain in full force and virtue in law. Signed sealed & delivered Thomas Cocke (Seal) in open court. John Cocke (Seal) Wm. Cocke Judge of first Circuit John F. Jack (Seal) Judge of the first Circuit
p-6 Whereupon on oath was administered to the Said Thomas Cocke in due form of law to Support the constitution of the United Sates the constitution of the State of Tennessee and also the oath of Office as prescribed by law. Den of the demise Appeal of Thomas Ingram Vs This day came the Said George Moody defendant Richard Fen and by John Kennedy Esqr. His attorney & with the George Moody leave of the Court first and Enters a rule to show cause why the Judgments of the County Court should be affirmed alledging that the transcript of the record in this cause had not been brought into this court in due time and also that the bond given for the prosecution of Said appeal was not incorporated with and made part of the transcript and because the Court is not yet advised what Judgment ought to be pronounced in this cause will advise thereof.
John Blair This day came the said John Blair by John Vs Kennedy Esqr. His attorney and moves the Daniel Coffman & court for a continuance of this cause till Thomas Blackburn the next term of this court on facts dis- closed in an affidavit Sworn to by Said plaintiff which affidavit being read to the Court & considered by the court it is ordered by the court that said cause be continued till the next term of this court.
Court adjourns for one hour - Court met according to adjournment. Present the Honorable Wm. Cocke.
P-7 George Landerberger & George Lendenberger and Christopher Lendenberger by Samuel Vs Powel Esqr. Their attorney with Hezekiah Hamblen leave of the court enters a rule to show cause why Writs of Cer- teorari directed to Richard Mitchell Clerk of the Court of pleas do. For Hawkins County requireing him to transmit to the next term of this court a perfect copy of the proceedings had in Said Court in this cause a Writ of Superoedeas directed to Hezekiah Hamblen & all others requireing them to stay and all other & further proceedings in this case.
The argument of this rule with consent of cousel by leave of the court is continued till next court.
A Deed of conveyance from Robert King to John King for a tract of land containing four hundred acres be the same more or less was proven in open court by the oath of James McNaire one of the subscribing witnesses thereto and admitted to Record let it be Recorded.
State This day the said Obediah Gent was brought into Vs court and being charged on the bill of Indictment Obediah Gent which was found against him by the Grand Jury for plea thereto in his proper person says he is not guilty in manner and form as therein against him is alledged and the said Obediah Gent by Samuel Powel his attorney presents to the court an affidavit Sworn to by the Said (p-8) Obediah Gent alledging that he can not have a fair and impartial trial in any of the counties of Green, Washington, Carter, Sullivan, Hawkins or Grainger and thereupon moves that the venire be changed which being read and considered of by the court it is ordered by the court that the venire be not changed.
State This day the said James Breeden was brought Vs T.A.B. into court and being on the bill of Indictment James Breeden found against him by the grand Jury for plea thereto in his proper person, says he is guilty in manner and form as therein against him hath alledged. It is therefor considered by the Court that the said defendant James for such his offence make his fine by the payment of forty dollars and that he pay the cost of this prosecution and it is ordered that Execution issue accordingly.
Thomas McCollough Certiorari Vs Joseph McCollough This day came the Said Thomas McCollough plaintiff by John Kennedy Esquire his attorney and with leave of the courts enters a rule to Show cause why the Writ of Certiorari granted to Joseph McCollough should be set aside and after argument of council being herd in Support of said rule it is ordered by the court that Said rule be discharged to which opinion of the court Said plaintiff Thomas by his said attorney excepts in law and tenders his bill of exceptions which is Signed & Sealed by the Honorabe Wm. Cocke in these words to wit - State of Tennessee Hawkins County, p-9 Circuit_____ October Sessions 1810. Thomas McCollough, Jos. McCollough and now to wit, on this Second day of October 1810 this cause came on to be argued on a motion to dismiss the Writ of Certiorari is this cause granted on the ground that a Judg. By the Constitution and laws of this State possesses no power to issue a Writ of Certiorari & Supercedeas and on argument the court was of an oppinion that a Jedge of the Circuit Court has power to issue a Writ of certiorari & Supercedeas before a Clerk is appointed and when there is no Clerk out of Court and not in term time To which opnion the Said Thomas McCollough by John Kennedy his attorney doth except in law and tenders this bill of Exception and prays that the Same be Signed & Sealed. Which is done accordingly this Second day of October 1810 Wm. Cocke (Seal) Judge of the first Circuit
Court adjourns till tomorrow 8 oclock. Wm. Cocke (Seal) Judge of the first Circuit Wednesday Morning Court met accdg. To adjournment Present the Honble. Wm. Cocke.
Thomas McCollough Certiorari Vs Joseph McCollough This day came the said plaintiff Thomas by John Kennedy Esqr. His attorney and moves the Court for a Writ of Error to remove the proceedings in this case to the next Supreme Court of Errors and appeals to be holden at Jonesborough on the first Monday of November next and the said Thomas McCollough enters into bond together with Michawl Rork & John Kennedy his Securities. Where upon the Writ of Error is granted and the Said Plaintiff by his Said attorney makes an assignment of (p-10) Errors in these words to wit, Thomas McCollough, Vs Joseph McCollough State of Tennessee Hawkins County October Session 1810 assignment of Errors and now to wit, on this Second day of October Term 1810 comes the Said Thomas McCollough by John Kennedy his attorney and Says that in the record & proceedings aforesaid there is manifest error in this to wit, that it appears that the Writ of Certiorari & Supercedeas in this cause was issued by the Jedge of the Court in vacation and not by the Clerk as by law it ought to have been. Secondly that no bond & Security was intered into & given according to the directions of the Act of Assembly in Such cases made & provided before the issuing of said Writs. Thirdly that a Judge of the Circuit Court has no power to issue a Writ of Certiorari and Supercedeas. Fourthly the Judgement of the Court was that the Writ of Certiorari Should not be dismissed when it ought to have been that the Said Writ of Certiorari & Supercedeas Should have been dismissed and the said Thomas McCollough prays that the Jedgment aforesaid for the error aforesaid & the errors in the record & Proceedings aforesaid may be reversed annulled & altogether held for nothing and that he may be restored to all things he has lost by Occation of the said Jedgment & Ca. Kennedy Attorney Ordered by the court that Absolom Looney Esqr. High Sheriff pay a fine of twenty five cents for wearing his hat in the Court house when the court is Sitting.
John Den Lessee This day came the defendant Micajah into of James Smith court and confesses that his is guilty of Vs the trespass & Ejectment in manner and Richard Fen with form (p-11) as the plantiff against notice to Micajah Lee him hath complained it is therefore con- sidered by the court that the plantiff do recover against the defendant his term yet to come of and in the tract of land described in the plaintiffs declaration together with the appurtenances and also his coats by him about his Suit in this behalf expended & Ca.
State Horse Stealing Vs Whereupon came a Jury to wit, 1. Hugh G. Moore, Obediah Gents 2. Henry Burim, 3. Peter Lawson, 4. John Tred- way, 5. John Ellis, 6. John Lucas, 7. Absolam Looney, 8. Jos. Huffmaster, 9. Samuel Spears, 10. Reuben Barnard, 11. Andrew Ingram, 12. Davis Howell, who being elected tried & Sworn well & truly to try & true deliverance make between the people of this and the prisoner at the Barr Obediah Gents whom the _____ have in charge and a true verdict give according to their evidence do say the defendant is guilty in manner & form as he Stands chargedin the Bill of Indictment and the Said Obediah by Samuel Powel his attorney with leave of the court enters a rule to Show cause why a new trial should be granted.
Court adjourns for half an Hour. Court met according to adjournment. Present the Honbl. Wm. Cocke.
On affidavit Wm. Owens one of the Jurors is excused from further attendance at the present Term.
Court adjourns till tomorrow 8 oclock.
Tuesday Morning Court met according to adjr. Present the Honorable Wm. Cocke.
P-12 State For a Riot Vs This day came here the Solicitor General David Yearsley and with leave of the court directs a Micajah Lee & others Nolle Presequi to be entered which is entered accordingly in this case.
John Den on the Demise Ejectment of Thomas Ingram Vs The Court having advised untill this day Fen & George Moody of what Judgment ought to be pronounced on the rule which has been entered in this case now here pronounces Judgment as followeth to wit - It is considered by the court that the rule is this case be made absolute and that the Judgment of the County Court be affirmed and also that the defendant George Recover of the Said Thomas his costs by him in & about prosecuting his Said Suit in this behalf expended & c.
William Alexander In Equity Vs Henery Burem This day cam the parties by their attornies and on motion of the Respondent by John Will0 iams Esqr. His attorney to disolve the injuction in this cause and the Bill & the answer being heard and because the court is not yet advised what decition to make will advise thereof untill next court.
State The defendant Obadiah Gents who heretofore to Vs wit at this Term was found guilty of Stealing Obediah Gents a horse being (p-13) set to the Barr and being asked what he had to say why the Sentence of the Law should not be pronounced against him, Says nothing. The Sentence of the law therefore is that you Obediah Gents receive thirty nine lashes on your bare back that you be imprisoned Six months that you Stand in the Pillory two hours each day on three different days to day tomorrow & next day that you be branded on the Brawn of the Right hand with the letter H and on the Brown of the left hand with the Letter T and that the Sheriff of this County or his deputy carry this sentence into execution.
Court adjournes for one Hour - Court met according to adjournment. Present the Honble. Wm. Cocke.
Randolph Laurance & Complainants Injunction Samuel Lawrance Vs In Equity It appeareing to James Roberts the Satisfaction of the Court that James Roberts is not an inhabitant of this State on motion it is ordered by the court that said James Roberts appear at the next term of this court to be holden at the court House in Rogersville on the first Monday of April next and file his answer to this Bill otherwise it will be taken for confessed and it is further ordered that this order be three times published in the Westeren Centinel printed at Knoxville.
On motion of James Kain, Joseph Rogers and Alexander McCanoe Subjects of the King of Great Brittian to the Court to be naturalied and it appeared to the satisfaction (p-14) of the court from proff adduced that the said James Kain, Joseph Rogers and Alexander McCance are men of good moral character and were within the United States previous to the year one thousand Seven hundred & ninety eight and have resided therein ever since. The Said James Kain, Joseph Rogers and Alexander McCance then Severally took an oath renouncing their alledgiance to all foreign Kings Princes Potentates and powers and particularly to the King of Great Brittian and also Severaly took an oath to Support the Constitution of the United States and that the ___ will bare ture alledgiance to the United States of America - John Johnson, William Simpson and Samuel Neill Citizens of Hawkins County in the State of Tennessee and born in the Kendom of Ireland and it appearing to the Satisfaction of the court that the Said John Johnston, William Simpson and Samuel Neill have resided in the limits of the United States more that five years and have Supported and do support good moral charactors the said John Johnston, William Simpson and Samuel Neill thereupon Severally took an oath renouncing all aggegiance to any foreign King, Prince and potentate of power and particularly to the King of Great Brittian and also (p-15) Severally took an oath to Support the constitution of the United States of America - and that the will bare true allegiance to the United States of America.
Court adjournes till court in course.
William Cocke (Seal) Judge of the first Circuit
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