COURTS OF OYER AND TERMINER 1757-1787 BEDFORD, BERKS, BUCKS, CHESTER, CUMBERLAND, LANCASTER, NORTHAMPTON, AND YORK COUNTIES

transcribed by Elizabeth B. Bunting * nphe Court Papers 1757-1787 of the Eastern Division, Courts of Oyer JL and Terminer can be a treasure-trove of information and insight. Items presented include murder, theft (for which the penalty was hanging), manslaughter and beheading (for which the penalty was branding), jail break, naturalization, freedom from indenture, treason, arson, infanticide, counterfeiting, road orders, lists of persons in gaol, and appointments. A portion of the miscellaneous papers of the Court of Oyer and Terminer of the King of England as they applied to His Majesty's Colonies were saved. The seven boxes of records form a small part of Record Group 33, Records of the Supreme Court of , Pennsylvania Historical and Museum Commission at the Pennsylvania Archives, Harrisburg, which have been filmed on six rolls.1 The number of cases and years covered vary considerably among the counties, and they are not always filed in chronological order. Not all procedures and facts are reported; not all jury lists survive. This is an approximate description of the arrangement. microfilm box # folders roll #1 Bedford: 1772 #1 1 Berks: 1765, 1767, 1769-76, 1780-81, 1786-87 14 Bucks: 1773-1776, 1778-1781 3 roll #2 Chester: 1760, 1766-70, 1772-76, 1779-81 #2 10 Cumberland: 1768-70 4 roll #3 Cumberland: 1771-74, 1779-81 *3 7 Lancaster: 1759-61, 1767-69,1771 6 roll #4 Lancaster: 1772-74, 1780-81, 1786 #4 7 Northampton: 1767-71 3

Elizabeth B. Bunting is a member of the Publications Committee of the Genealogical Society of Pennsylvania and a former board member of Pennsylvania Chapter, Palatines to America. Her article, “The Bressler/Pressler Family of Niederhochstadt/Pfalz and Berks County,” appeared in Pennsylvania Genealogical Magazine 37(1992): 341-66. 1 One research set of microfilm is at the Pennsylvania State Archives in Harrisburg, Some counties have purchased copies. Individual rolls may be purchased for $30 plus tax. They are not available through the Family History Library. 330 Pennsylvania Genealogical Magazine Vol. 42 (2002) 2002] Courts of Oyer and Terminer 331

Philadelphia: 1757-59, 1763, 1765, 1767 4 roll #5 Philadelphia: 1768-74 #5 12 roll #6 Philadelphia: 1775-76, 1778-82 #6 8 York: 1770-74, 1780-81 #7 6

Recognizing the value of these papers, which contain thousands and thousands of names, plus stories of great human interest, the Genealogical Society of Pennsylvania is planning a special publication of the records. A sampling is presented here. For each county, the cases shown here begin with the earliest folders. Additionally, we’ve included an interesting case from Berks County charging pacifist Germans with treason from the Revolutionary War and one jury list out of many. Much of the script is difficult to read or is obscured by water damage, so the interpretation of some of the material is subjective, at best. Names of people and places are transcribed as written. Substantial verbatim transcriptions, indicated by quotation marks, provide a feel for the language and custom of the accounts. Some material is paraphrased. Explanation of some legal terms is from Black's Law Dictionary,2 which also provided insight into legal procedures of the colonial period to help compensate for the fragmented condition of the papers. Procedurally, the Justices of the King were “assigned to hear indictments of treason and murder and then to deliver to the gaol all persons so committed or perpetrated.” The indictments cover many facets of felonies and disturbances of the peace. When those Justices were to sit at a county seat, they first issued a Writ of Venire Facias to the Sheriff, who in turn summoned men to assemble as a Grand Jury or a Traverse Jury (Petit Jury). The Coroner may have informed the Court of an Inquisition (the organized viewing of the body of someone who had died suspiciously), or the Court may have received evidence of a felony by one of His Majesty’s subjects. The Court Justices issued an Indictment and assembled a Grand Jury for a Grand Inquest, which stated that the alleged defendant “not having the fear of God before his eyes but being moved and seduced by the indignation of the Devil, being felonious by willfully and of his malice before thought did . . .” commit a particular act. If the jurymen felt the evidence held sufficient cause for the Indictment, they returned a True Bill. The accused was arraigned and made a plea of guilty or not guilty. If he pled not guilty, the Traverse Jury heard the evidence and determined his guilt and punishment if found guilty. Examinations (depositions) were sometimes given under oath by the accused and/or witnesses before an officer of the Court prior to the trials. If the Grand Jury did not feel there was enough evidence to present a case against the defendant, they often came back with a writ of

2 Black’s Law Dictionary, 4th ed., (St Paul, Minn.: West Publishing Co., 1951). 332 Pennsylvania Genealogical Magazine [Vol. 42 ignoramus, meaning “we ignore it" Today they would simply say “not a true bill.” The defendant and many of the witnesses were brought before the county officers prior to the trial for a Recognizance in which the accused person or witness bound himself to appear before the judges of the Court at the trial in question. A defendant might also be required to bring in sureties to vouch for his appearance at trial. These promises (bonds) were expressed as sums of money in goods and chattel. BEDFORD COUNTY 9 December 1771 John Frazier, Bernard Dougherty and Arthur St. Clair, Esq., M assignedJustices of the King, to hear the indictments of treason and murder and to deliver to the goal all personsso committed or perpetrated."

13July 1772 King vs. Robert Hamilton Indictment for Manslaughter— Robert Hamilton, late of Fort Pitt did mortally shoot Godfrey Tracy, 11 September 1771 True Bill returned [affirmed] Defendant arraigned, pled not guilty Verdict of theJury— Guilty of Manslaughter Test of Law [witnesses]: Capt. Thomas Batt Samuel Sample WilliamJane

The King vs. Mathew Haily Indictment for Murder— Mathew Haily, late of Armstrong Township, Bedford County laborer, did mortally wound a Indian with a tomahawk. Returned a True Bill Test of Law [witnesses]: Richard Brown James Wills (son of Richard) John Huff Garnet Pendergrass,Jr.

[This is the end of the Bedford County records.]

[Bedford has only one jury list, but the other counties hace multiple lists.} 2002] Courts of Oyer and Terminer 333

Tenire Facias’ 13January 1772 GrandJury William Proctor Esq. James Couch Robert Hanna, Esq. James Kinkaid William Lochry, Esq. Jacob Pendergrass Robert Cluggage James Fletcher William McConnell James Piper George Wood ThomasJamison Abraham Keble George Paul Solomon Sheppart Philip Shute ThomasJones Robert McLaughlin [illegible] Nicholas Ezekiel Hickman Benjamin Hardin John Province [illegible] Pollock Joshua Meeks TraverseJury [PetitJury or Trial Jury] William Crawford John Smith Darcy Penticost John Simpson John Stephenson WendleJarny Joseph Bealer William Robeson Edward Ward Samuel Wells Samuel Sample William McGary William Elliot Robert Chl[?]tson Prior Theobold Hugh Forguson Thomas Hay Samuel Moore William Harrison Samuel Drennon Lemuel Barrett Allen Rose James Myers Edward Rose Richard Wells,Jr. John Cissany William Powell Charles Cissany William Shearer Samuel Davis Thomas Heddy Joseph Ketter Samuel Shanon Abraham Daily Joseph McHennery John Campble,Jr. John Woods John Davis John Campble Thomas Colter William McShoun [?] John Foreman Adam Hatfield David Geberson John Avitor [?] ReturnedJohn Proctor, Sheriff

3 Tenire Facias— a judicial writ to the Sheriff of a particular bailiwick to summon a jury, reportable to the county seat, on a specified date. The results of which are to be returned to the Court of Oyer and Terminer by the Sheriff. They contained lists of twenty-four or more men for the Grand Jury, multiple men for the Traverse Jury (Petit Jury), and often an accounting of other officers of the County. 334 Pennsylvania Genealogical Magazine [Vol. 42

BERKS COUNTY 14 August 1764 Petition from the inhabitants of the Townships of Heidelberg and Cumru in Berks County for a road to lead fromJohn Zerbe’s Mill in the Township of Heidelberg, along Kobel’s Mill, between the plantations of ThomasJones and Christian Freymeyer and the plantations of Jacob Rieser andJacob Hauch through the Gap of Barren Hill to the Tulpehoccon Great Road about the distance of one miles to the town of Reading. Petitioners are: Adam Witman John Moyer ThomasJones, jr. Johannes Kohler Jacob [his mark] Cramer Dobias Beckel Conrad Ernst Friedrich Bockel Jacob Ernst Nicla Hause George Suss Frietrichjorhart [Gerhart] Christian Frymeyer John Lasch Ulrich Richard Caspar Lorch [Lerch] Peter Kuhl Jacob Koph Anton Lamprecht Martin Ermollt Friedrich Kohler Nicholas Sheffer Christel Lorch Henrich Laver Johannes Keller Gorg Brendel Peter Eberle Henrich Hohn Hannes Frantz Johann Georg Stocker Appointed by the Court to lay out road, to report whether it be private or public and to report to the next General Quarter Sessions were: William Reeser Frederick Weiser James Starr Michael Rice John Henton Peter Rohd 12 December 1764.The layout was presented for a road or cartway of a breadth of 50 feet, by Frederick Weiser, Michael Rice,John Henton, Peter Rohd. Names and locations mentioned in the drawings are: Norris, Hanks, Lash, Frederich Keller, Michael Bush,Jacob Minich, Kroobers, Mathias Miller, Peter Reedy, Valentine Frey,John Plank, Andreas Boyer, Cacoosing Creek, Keller and Bush New Tavern, and Spring Creek. 15 May 1765. Road allowed. Certiorari [to be notified]: Henry Christ,John Patton,James Read,James Diemer

19 May 1767 King vs. Catharine Kreps Indictment for Murder-Catherine Kreps, Oley Township, Berks County, did suffocate her full-grown bastard son by the Home on the plantation of John Lechter in Oley Township. 2002] Courts of Oyer and Terminer 335

True Bill returned. Defendant, arraigned and pled not guilty. Witnesses (examined 28 May 1767) Barbara Goodman Dorothy Longyear, widow Christopher Smith, yeoman

18 November 1769 Declaration— Ludwig Lehman, Foreigner, in the Colonies for 7 years and absent no longer than 2 years during the 7 years, with evidence of having taken the sacrament 15 October 1769, did take, subscribe and repeat his declaration to be a natural born subject of the King, according to an Act of Parliament. Nisi Prius hearing beforeJohn Lawrence and ,Justices

[There are additional records for BerksCounty 1769-80 not published here.] Association of some Inhabitants of Tulpehoccon in Berks County 16 Sept. 1780 “Know ye all by these presents that this day an Agrement hath been settled between the subscriber inhabitants of the said Township and of Bethel Township as follows to wit. Firstly: The subscribers bind and engage themselves together as one man that they will not by any means pay the fine imposed upon them for refusing to qualify to their returns. Upon this condition that if the property of any one of us should be seized further and then the others are bound upon the first notice to deliver his goods to him again and so each and every of them in case their goods should be seized shall receive assistance from us as far as this agreement between us extends. And if one or other of us should not appear upon the first call at the place where it may be necessary, in case he shall be at home and in health, he shall at the discretion of the associated company have had his goods seized without fail and shall be decreed an enemy to the liberty of this country. And for the true performance of this agreement we have signed the same with our names.”4 Johannes Schaffer PhUib Ried Jacob Rieth [Ruth] Georg Reed Peter Lebo Henrich Mayer Vallentin Meyer Jacob Lingel Jacob Rith Michael Will(X mark) Adam Braun (X mark) John Riegel Nicolaus Kinsecker Michel Wolfart (X mark)

4 The names are signed in German. Annette K. Burgert has unscrambled the original signatures and transcribed them as accurately as possible. Where known or where the names appear in the subsequent True Bill that follows, she has included that name in square brackets. 336 Pennsylvania Genealogical Magazine [Vol. 42

Jacob De?[cker] Robert ?Menges [McCann] Willem Gutman Chonrath Wert ? [Conrad Wert] Michael Pffaffenberger Georg Heck Jacob Libbo [Lebo?] Carl Baumberger Jacob Belleman [Bettleman] Gorg Giesman Gorg Gebhart Johannes Rohn [Rian?] Anderres Saltzgeber Adam Botiger [Poteicher](AB mark) Christian Baddorff Anthoni Ditzler [Fitzler] Hanes Albert Cunradt ?Kessler [Conrad Gissler?] Johann Goerg Rieth Christian Schell Nicolaus Rith Peter Ritzmann Friedrich Rith Michael Kuntz [Kuhns] Johannes Leucht [Light] Johannes Schweitzer Johannes Hiester [Hubler?] Peter Mohn Henrich Kiiblinger Petter Kreitzer Michel Koppenhaffer Georg Wolf Henrich Schaffer Nicolaus H. Hock [?] Wendel Kieffer (his mark) Casber Reith [Casper] Casper Rieth Joseph ?GissIer Nicholas Gauger Johann Gorg Weyell Andres Schott Henry Christ, Esq Gorg Mai Martin Braun Adam Riem (AR mark) Stoffel Wolfert Jacob Artz Philip ?Gundrum Henrich Holtzman Martin ?Gundrum Johannes Braun Jorg Wendel Wolff Michael Walborn (mark) Adam Albrecht Peter Leiss Christian Battorff Leonart Stub Stofel Kern (CK mark) Peter Schwartz (+ mark) Georg Kramer Michel Trautmann Henrich Gudman (H mark) Thomas Kurr Abraham Dissinger ? [Kissinger] Simon Kern (X mark) Albrecht Hey Jacob Weiser Hans ?Wohlebe Henry ?Lepo Jerg Mair Peter Krieger Johannes Schwartzbaubt Christian Walborn Phillib Klaar Jacob Bordner (IB mark) Johannis [illegible] Johannes Wirtz (HW mark) Jacob Phieppes ? [Phizers or Pritzius] [Note that the True Bills returned, below, do not contain two names that are on the petition: Martin ?Gundrum and Hans PWohleben; and two names in the True Bills are not on the petition: David Bright and Godfried Rehrer.] Recognizance: [The amount pledged by each of the following defendants and his two sureties was “to and for the use of the Commonwealth of Pennsylvania. Upon these conditions that if the afore-mentioned bounden person (and persons) shall be and appear before theJudges of the Supreme 2002] Courts of Oyer and Terminer 337

Court to be held at Reading in and for the County of Berks the sixth day of November next then and there to answer a charge of having entered into a treasonable association to oppose the laws and such other things as shall be objected against him and not part from said Court without leave that then the above Recognizance to be void otherwise to be and remain in full force and virtue.’’] In each case presented below, the defendant pledged £10,000 and each of his sureties pledged £5,000, each recognizance being given before Henry Christ, Justice, on 20 October 1780. Jacob Read, Tulpehocken Twp., yoeman Peter Kruger,Jr., Tulpehocken Twp., yoeman Martin Vanita, Tulpehocken Twp. Thomas Kurt

Andreas Winder, Bern Twp. Baltzer Formwalt, Reading Philip Nagel, Reading John Klein, Bern Twp. Philip Kremer, Reading Peter Nagel, Reading Jacob Faust, Bern Twp., yoeman Frederick Myerly, Reading John Resin Philip Reeser, Bern Twp., yoeman William Reeser John Althouse Thomas Filbert, Bern Twp., yoeman Philip Nagel, Reading Michael Graus Philip Hain, Bern, yoeman Henry Lenger, Reading Henry Yeager, Reading Peter Kreiger, Tulpehocken Twp., yoeman Peter Herbern, Bern Twp. Daniel Arrand Jacob Conrad, Bern, yoeman Peter Nagel, Reading Michael Gross [?], Alsace Twp. Peter Zuber, Bern Twp., yoeman Baltzer Gear, Bern Twp. Peter Grass, Reading Conrad Ruhl, Bern Twp. Gabriel Hiester, Bern Twp. Joseph Hiester, Bern Twp. Peter Kerschner, Bern Twp., smith Gabriel Hiester, Bern Twp. Joseph Hiester, Bern Twp. 338 Pennsylvania Genealogical Magazine [Vol. 42

Michael Koppenhaver, Bethel Twp. Jacob Sweitzer, Bethel Twp. Nicholas Weygand, Tulpehocken Twp. Casper Read, Tulpehocken Twp., miller Samuel Read,Tulpehocken Twp., miller Martin Vanita, Tulpehocken Twp., miller Adam Patterger, Tulpehocken Twp., yoeman Casper Patterger,Tulpehocken Twp., Innkeeper Jacob Wilhelm,Tulpehocken Twp., yoeman John Brown, Tulpehocken Twp., yoeman Conrad Weiser, Heidelberg Twp. yoeman Jabez Weiser, Heidelberg Twp., yoeman Peter Leis, Tulpehocken Twp., blacksmith NicholasSeibert, Tulpehocken Twp., yoeman Jacob Wilhelm, Tulpehocken Twp., yoeman Godfried Rehrer, Tulpehocken Twp., Innkeeper Nicholas Seibert, Tulpehocken Twp, yoeman Jacob Wilhelm,Tulpehocken Twp., yoeman John George Reed, Tulpehocken Twp., yoeman Jacob Wilhelm, Tulpehocken Twp., yoeman Jacob Read, son of Nicholas, Tulpehocken T. George Gebhard, Tulpehocken Twp., yoeman Valentine Gebhard,Tulpehocken T., yoeman Conrad Schneider, Bern Twp., yoeman John Albert Adam Drinhouse Peter Shilbest Baltzer Umbenhauer Conrad Gist Peter Bright Ludwig Seamen, Bern Twp. Baltzer Gear, Bern Twp. John Schnell, Reading John Heck, Bern Twp. Philip Kreamer John Keim Nicholas Read, Tulpehocken Twp., Yoeman Jacob Wilhelm, Tulpehcken Twp. Jacob Read, son of Nicholas, Tulpehocken John Albert says that Godfrey Rehm who was Collector of Taxes for Tulpehocken Township, told the people that in Lancaster County they paid no double taxes, and the people of their township should stand as one man together— thatJohn Benn/Bern [?1 said the same thing.” “Treasonable Association of People in Tulpehocken: Baltzer Umbenhauer of Bern Township John Brown told him what to write— Tulpehocken Peter Kasner of Bern has the paperJohn Albert of Tulpehocken” 2002] Courts of Oyer and Terminer 339

Attached Names:Jacob Reidt, Sr., George Reidt, Sr., Nicholas Reidt, Michael Coapenhaver, George May, Peter Leis, Sr., George Gebhart, Frederick Reidt, Adam Batringer,John Brown, Thomas Kauer

November 1780 Assize— Berks County Republic vs. David Bright, et al Unlawful & Seditious Assembly Returned a True Bill,John Ludwig, Foreman Found Guilty Fined £300 each Berks County TheJurors for the Commonwealth of Pennsylvania upon their oaths and affirmations do present that David Bright,John Schaffer,Jacob Ruth, Peter Lebo, Valentine Moyer, Philip Road, Henry Moyer,Jacob Lingel, Michael Wolford,Jacob Read, Adam Brown, Nicholas Kinsocher,Jacob Dochor, William Goodman, Michael Paffenberger,Jacob Lebo,Jacob Bottleman, George Gebhard, Andreas Saltzgaber, Christian Badorff,John Albert,John George Read, Nicholas Read; Frederick Read,John Light,John Hubler, Henry Kiplinger, Michael Koppenhaver, Henry Schaffer, Windlo Kieffer, Casper Read, Nicholas Genkor, Andreas Schott,John Riegel, Michael Will, Robert McCann, Conrad Wert, George Hawk, Charles Bamberger, George Geesman, John Rean, Adam Poteicher, Anthony Fitzler, Conrad Gissler, Christian Shell, Peter Ritzman, Michael Kuhn,John Sweitzer, Peter Mohn, Peter Kreitzer, George Woolf, Nicholas Hawk, Casper Ruth,Joseph Gissler,John George Weil, Martin Brown, Michael Read, Christopher Wolfard, Philip Gundman, George May, Adam Rihm,Jacob Artzt, Henry Holtzman,John Brown, Michael Walborn, Peter High, Leonard Strep, Peter Schwartz, Michael Troutman, ThomasJurrJr., Simon Kern,Jacob Weiser, Henry Lebo, Peter Krieger, Christian Walborn,Jacob Bortner,John Nicholas Deck,John Wirtz,Jacob Beitzius, George Moyer,John Swartzhaubt, Philip Clain, George Windle Woolf, Adam Albright, Christian Badorf, Christopher Keim, George Kramer, Henry Goodman, Abraham Kipinger, Albright Hoy & Godfried Rohrer, all late of the County— yoeman-on the eighteenth day of September in the year of our Lord 1780 being subjects of this state and owing allegiance to the same and owing obedience to the laws thereof but not being content to submit to the laws— falsely and seditiously resolving to oppose the execution thereof on the same day and year at Tulpehoocken in the County aforesaid did unlawfully and seditionaly assemble and meet together and so being assembled and met did then and there unlawfully and seditiously conspire, combine and agree among themselves that none of the conspirators after the 18th of Sept in the year aforesaid would or should pay the fines and penalties nor any of them which was or should be imposed according to Law upon them or any of them for refusing or neglecting to make a return of their taxable property upon oath or affirmation according to the form of the Act of Assembly in such case made and provided. And thereby those being so assembled and met together did further unlawfully and seditiously conspire combine and agree that if the property of anyone of the conpirators should be seized according to Law for the fines and penalties, then the others of the 340 Pennsylvania Genealogical Magazine iVol. 42 conspirators upon the first notice should be bound to rescue the property out of the hands of the officers appointed by law for seizing the same— that they would so rescue the same and deliver it to the conspirator who had been the owner thereof and that each and every of the conspirator in case their goodsshould be so seized as aforesaid should receive assistance from the other conspirators pursuant to the form of the agreement aforesaid and that if any one or more of the conspiratorsshould not appear upon the first call at the place where it might be necessary to give such assistance he or they so not appearing in case he was at home and in health, should at the discretion of the other conspirators have his goods seized without fail and be deemed an enemy to the liberties of this Country, in manifest contempt of the laws and government of this state and to the obstructing of the execution of its laws to the evil example of all those in the like case offending against the peace and dignity of the Commonwealth of Pennsylvania. [illegible] Attorney General Witness: Thomas Kurr,Esq. Peter Speicher, Esq. Henry Christ, Esq. September 1780 Assize— Berks County Republic vs.John Hock et al. Unlawful and Seditious Assembly Returned a True Bill Found Guilty Fined £300 each “Berks County TheJurors for the Commonwealth of Pennsylvania upon their oaths and affirmations do present that Peter Kaishmen [?],John Hock, Conrad Ruhl, Nicholas Kline, Ludwig Toby, Eberhart Looman, Ludwig Looman, George Matz, Frederick Mengel,John Kolchner, Henry Rooser, Anthony Kershner, John Kline, Conrad Loss, Conrad Christ, Nicholas Lorch, Michael Wommer, Balsor Unbenhauer, Samuel Unbenhauer,Jacob Foos, Andreas Leimister, Henry Fillibs, Nicholas Fillibs, Philip Horn, Thomas Philbert, Melchior Fiegel, William Wiltermest, Adam Engle, Peter Althouse, Conrad Schneyder, Mathias Roth, Frederick Bohn, George Ludwig, Nicholas Hass, Philip Strom,Jacob Stein, Michael Eylor, George Roth, Daniel Schlablick, Mathias Weavor, Thomas Gerchell, William Laymister, Henry Runckle,Jacob Conrad, Ulrich Backenstroe, Nicholas Mogol, George Betterman,Jost Stout, George Rick, Michael Womest, Henry Lutz, Casper Freyman, Peter Zuber,Jacob Foust, Frederick Platt,Jost Schlablick, Mathias Kloss,John Lomb, Andreas Winter, and Philip Reeser [illegible] at Bern in the county aforesaid [illegible] [as in preceding document].’* Signed, the Attorney General Witnesses: Henry Christ, Peter Spiecher,Thomas Kunn

[There are additional records for Berks County 1780-87 not published here. ] 2002] Courts of Oyer and Terminer 341

BUCKS COUNTY Return of Persons to be tried at Court of Oyer and Terminer in Newtown, 5 April 1774 William and Mary Meridith— assault on Henry Buck, servant— 12 January 1774. He died 14January 1774. William Wright for breaking into the house of Augustine Will of [A?] borough. John Lynch for the rape of Margaret Duston, 27June 1773- William Caldwell for breaking into the house of William Buckman of Newtown, Pennsylvania. 2 September 1773- Signed byJohn Anderson, Gaoler and Sam Biles, Sheriff

Inquisition, Warwick Township 30 October 1773 before George Fell, Coroner. The following viewed the body of Samuel MacCaferty and determined that as the victim went into the corn fields to work with a boy about 10 years of age, and taking a gun with him to shoot crows, gave the gun to the boy to carry. Supposing the gun was cocked, it went off and shot MacCaffrety [«c], who died immediately: William Scott,John Wallace,Jonas Polk, Alexander Jameson, William Corbet, Nathaniel Elliot, Thomas Craven, Adam Carr [Kerr], Benjamin Hambelton, William Man, William Gladneg, and Nathan MacClean.

Inquisition, Buckingham, 19 February 1774 before George Fell, Coroner. The following viewed the body of Deborah Mitchell, and determined that on returning from Benjamin Paxton’s to Thomas Smith’s, she and a small boy of 9-10 years tried to cross Pidcock’s Crick which was very high, and she drowned, but the boy escaped: William Allison,Timothy Smith, Crispin Blackson, Samuel Smith, William Lee, Thomas Beye,Jr., Cephas Atkinson, Timothey Balderston, Edmond Smith, David Fell, Thomas Smith, and William Finey.

Inquisition, Richland Township, 9 March 1774 before George Fell, Coroner. Upon viewing the body of Elizabeth Kerr it was determined that she brought fire to the barn of Barnet Keller, set it on fire and of her own volition remained there until she was burned to death.

5 April 1774 King vs. William Wright Indictment: Burglary— Breaking and entering mansion house of Joshua Linton True Bill Returned Pled not guilty Witnesses:Joshua Linton and George Brown 342 Pennsylvania Genealogical Magazine [Vol. 42

King vs. William Wright Indictment: Burglary— Breaking and entering the mansion house of Augustine Willett and taking stockings, clothes, handkerchief, knife, fork and pewter plate. True Bill Returned. Pled not guilty. Witnesses: Augustine Willett and Samuel Kirkbride Recognizance: Augustine Willett, £20;Samuel Kirkbride, £20; George Brown, £20. Deposition before Gilbert Hicks, Esq.,J.P. on 18 February 1773.Joshua Linton, Tailor of Falls Township deposed that someone entered the house and took a coat owned by George Brown, and one jacket and hot of his. Said that William Wright now in prison, confessed to him that the goods in question were found upon him. Examination before Gilbert Hicks, Esq.,J.P. on 12 February 1773- William Wright confessed stealing from the house of Augustine Willett.

King vs. William Caldwell Indictment: Burglary— Burglarized the mansion house of William Buckman. True Bill Returned Arraigned and pled not guilty Verdict— not guilty of the felony of burglary but is guilty of larceny in stealing of goods. Fine and punishment— £2 to go to the Governor and 20 lashes at a public whipping. Witnesses: William Buckman,James Buckman, Daniel Evans andJohn Bowan

King vs. William and Mary Meridith Indictment: Murder— Inflicted blows on servant boy, Henry Buck which killed him. True Bill Returned Arraigned, pled not guilty Verdict— Both not guilty— Discharged Witnesses:Jonathan Meridith, William McCaulay, David Mitchell,James Sample, Barbara Steiner, Derst Shippen, Dorothy Steiner, William Rush, William Davis andJames Byran Inquisition: Plumstead Township, 15January 1774 before George Fell, Coroner Upon viewing the body of Henry Buck, the following say that William Meridith and Mary, his wife did beat Henry Buck, their servant boy, and he died from the beating: Alexander Brown,James Shaw, Cephas Child, Henry Child, Benjamin Cutlor, Nathaniel Britain, Robert Gibson, Philip Fox, Francis Tytus, Burnet Kepler,Jacob Caster, and William Bowman. 2002] Courts of Oyer and Terminer 343

Deposition before George Fell, Coroner on 18January 1774. Mary Feddel deposes that when in the Meridith house, 12 January 1774, she noticed the servant boy trembling in a chimney corner eating potatoes, and buckwheat cakes. Mary Meridith took his plate from him, cursed him and made him stand up. She make him get on the floor and dance, which he did poorly. Then went back to his corner to get a drink. She took it from him, telling him he was drunk and was no good. Then made him sing, and he sang Dutch songs. The master told him to come sit by him, and Mary Feddel, speaking in Dutch, advised him not to do it for he would get beaten. The mistress pulled him away by his coat and then hit him twice with a club two feet long on his shoulder “middling hard.” He went to the master and he was made to sing. Back in his corner, he was then told to buss [kiss] Mary Feddel. His mistress hit him more, then sent him to the barn to cut straw. Qualification of Mordicai Mitchener before George Fell, Coroner, 18June 1774. M. Mitchener testified that as he crossed William Meridith’s plantation within thirty rods of the house, he saw William Meridith “licking” his servant, and continued until he had walked off. He did not know the weapon.

25 March, 1776— continued to 26 March, 1776 King vs.John Shannon Indictment: Murder— Killing of Robert Ping, by mistake. True Bill Returned. Pled Guilty Discharged, paying fees.

King vs. George Green Indictment: Burglary— Burglary— mansion house of Samuel Hanold. True Bill Returned. Arraigned and pled not guilty Verdict— Guilty of the felony of burglary Punishment— “Hang by the neck til he be dead.” PetitJury:Joseph Fell, Isaac Vanhorn, Andrew McMinn, Benjamin Canby, Samuel Merrick, Peter Taylor, Joseph Griffiths, James Winder, William Preston,JamesJinks, Thomas Buckman andJoseph Wildman. Recognizance: beforeJonathan Ingham, 19 Mar 1776. All witnesses bound for £30 in the case against George Green. Thomas Orpin, laborer of Buckingham; William Green, taylor of Buckingham; Jonathan Kinsey, Buckingham; Robert Coley, shoemaker, Buckingham; Call Catherine Coly [sic]; George Wall,Jr., yeoman, Solebury (20 March 1776); and Thomas Elliot, wheelwright, Solebury. Inventory of goods stole from Samuel Hanold of Buckingham Township on 28 October 1775. Found in the custody of Ann Magrath and Sarah Burk, her daughter— 10 November 1775. 344 Pennsylvania Genealogical Magazine [Vol. 42

Cost:Justice for 6 subpoenas @ £4.6; 7 recognizances @ £10.6; Constable Barnet Vanhorn for serving 6subpoenas @ 2/6 £15.

King vs. George Beans Indictment: Burglary— Burglary, mansion house of John Brown, Bristol Township 24 February 1776. Witnesses:John Brown, Benjamin Brown and Thomas Wilson Affidavit before Gabriel Hicks, 11 March 1776:John Brown,John Brown,Jr., Benjamin Brown, and David Brown say that burglars entered the house wakening the mother who wakened the sons. Negroes said they heard men running by the kitchen window where they slept. They found a pair of shoes left as the men escaped. Set the hounds on their track and followed by horseback. Captured two men (George Green and George Beans) talcing them to Col.Joel Wilkinson and then to the gaol. Two sons retraced the flight of the burglars and found some of the stolen material. King vs. George Beans Indictment: Burglary— Burglary of mansion house of Michael Hutchinson. True Bill Returned— Joseph Hart, Foreman Arraigned and pled not guilty. 25 March 1776 Verdict— Guilty Punishment— Hang by the neck til dead. Jury: Enclydus Lonshore,James McMasters, Robert Ramsey,John Tomlison, Jacob Buckman,John Taylor,James Briggs,John Brown, Edward Baily, Abraham Warner, Thomas Buckman andJohn Knowles. Deposition before Gilbert Hicks, 7 September 1775: Michael Hutchinson deposes that on 29July 1775 his store adjoining his house was broken into. Taken were several pieces of chess [sic] silk and about £15, all amounting to upwards of £100. Deposition before Gilbert Hicks, 12 September 1775: Nathan Field, clerk for Michael Hutchinson says the store of Hutchinson was broken into and entered. George Beans took £18-20 and sundry materials worth £60 upwards, and in whose possession some of the stolen goods were found. Recognizance before Gilbert Hicks, 16 Mar, 1776 Michael Hutchinson— £20 to assure his appearance at the trial of George Beans King vs. Nathan Field Appeared in Court— Discharged, paying fees. Inquisition: before Gilbert Hicks, 12 September 1775: Hugh Marton saw the advertisement of Hutchinson’s Store robbery by a suspected George Beans. He was on private business at Bordentown, NewJersey. Met Beans- questioned him. He admitted being an auxiliary [sfc]. He searched him and found pieces that came from Hutchinson’s store. 2002] Courts of Oyer and Terminer 345

Recognizance: before Thomas Kean 24Jun 1780 (All to appear in Court against George Beans.) Nathan Field, Lower Makefield Township.— £10,000 William Hutchinson, Dr. of Physics, Philadelphia County— Surety— £5,000 Jacob Corlies, Shrewsbury— £60,00 Edward Randolf, Philadelphia— Surety— £30,000 Recognizance: beforeJonathan Ingham, 19 Mar 1776 John Mires, farmer of Solebury— £30 to assure appearance in Court at trial of George Beans. King vs. George Beans and George Green (aka George Stevenson) Indictment: Burglary— Burglary of mansion house of Joseph Brown True Bill Returned. King vs. George Beans Indictment: Burglary— Burglary of mansion house of Nathaniel Twinning True Bill Returned

[There are additional records for BucksCounty 1776-81 not published here.]

CHESTER COUNTY August Session 1760 King vs. William Gold Indictment— Burglary: William Gold entered the mansion of John McPeters, W. Nantmeal Township-took £30 of goods on 18 August 1759- True Bill Returned— William Parker, Foreman Witnesses: Martin Bole Margaret Bole

Examination: beforeJ. MacDavis 5 August 1760.John Lewis “saith on 27June 1760 his wife Anne Lewis was lying on her bed in the afternoon in her own house. He went to her and grabbed her with both his hands about the neck or throat in such a manner that she was mangled and died under his hand." Myrick Davis George David David Thomas

Recognizance: before Thomas Worth,Justice of the Peace, 8 November 1766. Robert Mercer, yoeman; William Galbreath,John Ray, Thomas Mercer and Joseph Ray all bound to appear at the trial of Robert Mercer in the homicide of George Ray. Inquisition on view of body of George Ray, 16 November 1766 before Thomas Worth. William Galbreath and George Ray were hunting squirrels near Brandewine 346 Pennsylvania Genealogical Magazine [Vol. 42

Creek and met Robert Mercer,Jr. Cornered two squirrels and decided that among them each would have a shot. One of the squirrels did not fall and the two got to fighting. Robert Mercer went to part them. His gun discharged and killed George Ray instantly. Viewed by:Jacob Hawley,John Hannum, Samuel Hoopes, Ebeneezer W. [illegible],}ohn Beaumont,Joseph Woodward, William Woodward,JamesTrimble, Thomas Buffington, Abiah Taylor, George Crawford,James Keress, Abraham Taylor,John Brown. King vs. Robert Mercer, yoeman of East Bradford Township. Indictment: Homicide by Misadventure— 16 Nov 1756, defendant held a musket charged with gun powder and lead. He shot by accident George Ray on left side of neck who died instantly. True Bill Returned Witness: William Galbreath

King vs. William Goodwin Indictment: Arson— Burned the barn of Samuel Hayes containing 60 bushels of oats and 30 bushels of rye. True Bill Returned, 22 February 1766 Arraigned and pled guilty. Verdict— Guilty Judgment:To be burned on hand with a T and to give security for his good behavior for 2 mos £200 and two sureties at £100 each. Witnesses: — Samuel Hayes Nathan Hayes John Hannum Jury: Caleb Parry, Rowland Rogers, Nathaniel Newlin, Nathaniel Vernon, Jacob Richards,James Lindsay, Hugh Lloyd,John Marshall,John Crawford, Samuel Reynolds, Peter Steel, andJames Brinton. Examination beforeJohn Hannum, 29 February 1766. William Goodwin saith “we was threshing oats in barn of his master, Samuel Hayes from morning till about 3 pm. Came into his mind to set barn on fire. He wanted tostop. About a mile distant Robert Davis was burning stumps. He asked for fire to smoke out a rabbit in a tree. Took fire to the barn’s end and set litter or straw on fire. Fire spread to barn and then to house.” Recognizance: beforeJohn Hannum, 5 April 1767 Samuel Hayes and Nathan Hayes bound £40 to testify against William Goodwin.

[There are additional records forChester County 1768-82 not published here. ] 2002] Courts of Oyer and Terminer 347

CUMBERLAND COUNTY King vs. Frederick Stump andJohn Ironcutter Indictment: Murder— “Did commit murder of a certain Indian boy of the age of 10 years— did assault with an ax in the right hand of Stump and hitting and striking him upon the back part of head and giving one mortal wound the length of 4 inches, the depth of 2 inches and breadth of one inch of which the Indian boy did instantly die.John Ironcutter did aid and abet the murder.” James Galbreath, foreman True Bill returned: 17 May 1768. Witnesses: Henry Cunningham John Wilkins To: Honored Sirs; From:James Galbreath andJonathan Hoge 29 February 1768 “We send you the enclosed inquisition taken at Allen Township on the 28th of the instant in the body of a certain Indian man found within the watermark of the river Susquehanah brought down said river as adrift said Indian man found by a certainJames Thompson and as sune as information was given us, went and held the inquisition on the ded body where on it appeared there was three mortal wounds given said Indian on his foorhead by some person which did not content the murder, but a large scalpe being taken off which took boath his ears with the scalpe; after the jurors had viewed the body we tooke the corpse and intarde it in a deseant manner and made [illegible] around the grave the above is all that we are able to inform you off the present Sir, we subscribe ourselves your most obedient humble servants ” Presentment by the GrandJury: Stump and Ironcutter, being legally committed to the custody of the Gaoler of Cumberland County and being secured in the County Gaol of the said County by warrant, under hand and seal of John Armstrong and Robert Miller, Esq., twoJustices of the Peace to answer a charge of murder made against them, “a number of daring and riotous persons to wit:James Murray, John Murray, William Murray, AndrewJones,James Hamilton, Richard Shantry, Richard Irwin, [illegible] Neilson, Francis Irwin,Joseph Childers, James Roddy, William Adams, Thomas Hewitt,John Glass,James Ferguson, Joseph McDowell, William Williams,John Clark, William McGary,John Beard, Matthew Gregg,Joseph Gordon,James Eahler— 29thJanuary instant of the present year with force and with divers others to the said Inquest unknown did in the most tumultuous and riotous manner assault and meet together at the town of Carlisle in the said County of Cumberland and most insolently and violently enter into the said common goal and took the said Frederick Stump andJohn Ironcutter out of the custody and against the will of said Goaler and out of the said common goal did feloniously rescue and set at large where they would to go to the great contempt of our said Lord the King and his wholesome laws to the evil example of all others in such cases 348 Pennsylvania Genealogical Magazine [Vol. 42 offending and against the Peace of our said Lord the King his crown and dignity.” 18 May 1768 Signed, James Galbreath, Foreman King vs. Frederick Stump and John Ironcutter Indictment: Murder— Murder of an Indian Woman with an ax True Bill returned: 17 May 1768 Witnesses: Henry Cunningham John Wilkins

King vs. John German and Giles Bowers, alias Giles Powell Indictment: Felony and Burglary— Breaking into the mansion house of Ludwig Stull Stealing goods of £10.17.6 value True Bill returned: April Session 1768 Robert Thornburgh, foreman Arraigned, pled not guilty Verdict: 17 May 1768— Guilty of Felony and Burglary Judgement: Hang by the neck until they be dead. Witnesses John Reynolds Jacob Wert

[There are additional records for Cumberland County 1768-81 not published here.)

LANCASTER COUNTY Lancaster “Dacamber ye 8 1759, This to lat all man know this Sam jamsright has sarved me tha term of thirty one yars whar for I give him this in discharg from under this 8 of Dacbr 1759 Abram Goldar Sinad befor Asquar C[illegible\ Justis of Peas Livin in kat Hand [Signed before Esquire C[illegible] Justice of Peace] John Moor & [Samuel & Sto s & Sinars ?]”

Memorandum of prisoners now in my custody 30 Sept 1760— John Hay, Sheriff Bernard Hubley, committed by Robert Thompson for killing Christian Sensenick Nehemiah Armstrong, committed by Robert Thompson for Buggery 1 March— Henry Xanders, committed by Mathias Stough, Coroner for the murder of Jacob Kissel 1 June— Charles, a Mulatta for the murder of Darby Loobey, committed by Thomas Fonter, Esq. Margaret Slitor, committed by Thomas Fonter for assisting the said Charles in the murder of Darby Loobey. 2002] Courts of Oyer and Terminer 349

King vs. Henry Xanders Indictment— Manslaughter True Bull returned— Isaac Sanders, foreman Arraigned Verdict— guilty Judgment— Burnt in the Hand with the Letter M. Ordered that he give surety for George Dilman his good behavior for 12 months and two sureties for £100 each. Witnesses: Ulrich Newcomer Anna Long Conrad Brown George Dilman Examination before — 5 March 1761. Henry Xander,Jr. of Lebanon “saith that last Labor Day at the house of Christian Long in Quihabehill and Ully New Comerand,Jacob Kissell came there and he gave them good words but they wanted to lye him and he would not be true. And that they bet him and throwed him down. That he got his own knife he knows not how and during the struggle stabbed Jacob Kissell in the neck then drew him out of doors and cut of his head. Being asked why he stabbed him, answered because they would have killed him. Being asked why he drew him out of doors, he answered because he was frightened. Being asked why he cut of his head, answered because he was not dead, but was so frightful he would fight to the last. Being asked why he ran away, answered because he was afraid and further saith not." Signed by mark. Deposition taken before Mathias Hough, Coroner, 1 March 1761. Conrad Brown of Leb[anon] Township saith “that having heard that Henry Xander,Jr. had killed Jacob Kissell at the house of Christian Long, he got his horse and went there directly and when he came there he found the said Jacob Kissell lying dead before the door of the said house and his head cut of. That while this deponent was at the said house, the said Henry Xander came to the barn whereupon he this the said deponent with divers others attempted to apprehend him, but he escaped on horse back from them and fled. That this deponent together with others pursued him about four hours and then apprehended him in the woods about half a mile from the said Long’s house— that the said Henry Xander carry’d a falling ax in his hand but struck at no body with it. '[’hat this happened on Sat the 28th of February last. That the night following he this said deponent asked the said Xander why he killed Jacob Kissell and he replied that Kissell used him ill and struck him and threatened to kill him and that he was obliged to kill him otherwise Kissell would have killed him. And further his deponent saith not." George Dilman also was deposeth and gives assurance to appear to testify against Henry Xander, as does Conrad Dilman. Each bound at £50. Deposition of Anne Long, daughter of Christian Long of Lebanon Township, infant about the age of ten years being examined saith “that Saturday last at her fathers house the same foolish Henry stickJacob Kissell in the kneck with 350 Pennsylvania Genealogical Magazine [Vol. 42 a knife and he bled mightily.That Ulrich Newcomer was there but he went away when Jacob was stuck. ThatJacob begged Henry to let him alone for he was most dead. That Henry dragedJacob out doors and there cut of his head with the knife and then went and washed his hands and came back and threw dirt and snow on the body laughing and talking to himself all the time then hung the kettle on the fire split for wood and went away.” Inquisition on view of the body of Jacob Kissele or Ghisele March 11751 before Mathias Slough, Esq. Coroner in Lebanon Twp with others say that Henry Xander on the 28 of February did strike and stab with a knifeJacob Kissell giving a mortal wound of which he did instantly die. Others wereJohn Mather, Nicholas ?Hennejem, Adam Ulrich, Christopher Weikman, Michael Killinger, Conrad Brown,John Kammerling,John Miller, Michael Brown, Michael Boar and Peter Heylman.

The King vs. Nehemiah Armstrong Indictment; Buggery— that Nehemiah Armstrong of Conestogoe Twp upon a certain brindled cow, the property of Frederick Shove “did make an assault against the order of nature, having a venereal affair with the cow and then and there the said cow carnally did know.” True Bill— Isaac Sanders, foreman Arraigned, pled not guilty Witnesses Mary Shove Frederick Shove Barbara Tonower Deposition taken 3 April 1760 before Robert Thompson andJohn Hopson— Barbara Tonower saith “that on Wed. the month of this instant about 2 o’clock in the afternoon she was [illegible] a man who called himself Nehemiah . .. close behind a brindled cow, belonging to Frederick Shaove, and that he seem’d to work upon said cow as if in the act of Buggery.” Signed by mark. Recognizance, sworn before Robert Thompson, April 3 1761 Frederick Shove— £100 and Barbara Tonower— £50 to appear at court and for the King

[There are additional records for Lancaster County 1768-86 not published here.]

NORTHAMPTON COUNTY April Session 1770 Proprietors vs.John and Benjamin Depue Nisi Prius [trial with a judge and jury] held before and his associateJustices of the Supreme Court held at Philadelphia on the 10th day 2002] Courts of Oyer and Terminer 351 of April in the tenth year of the reign of our Sovereign Lord George the Third .. . 1770.5 John and Benjamin Depue were attached to answer Timothy Seekright who claimed he was devised lands in Mount Bethel Township by the Penn proprietors and was so possessed of those lands and appurtenances, [long deed recital] whenJohn and Benjamin Depue did enter with force and arms eject him, the said Timothy Seekright and did harm to him then and there do great damage to him against the peace of the Lord and King. Whereupon the said Timothy Seekright saith “he is worse and has damage to the value of three hundred pounds lawful money of Pennsylvania and therefore brings this suit.” John Doe and Richard Roe, Witnesses “The saidJohn and Benjamin Depue by their Attorney come and defend the Force and Inquiry and say that they are in no wise guilty of the trespass and ejectment aforesaid and put themselves upon their Country. And the said Thomas [sic] Seekright in like manner.” Thomas Troublesome, “late of Northampton County aforesaid Yoeman attached to answer Timothy Seekright of a plea wherefore with force and arms he the said Thomas into one Messuage, one Barn, one Stable, one Garden, one Orchard Three hundred and ninety-six acres of Woodland and 200 acres of Arable Land with the Apputenances situate lying and being in Mount Bethel Township in the County aforesaid bounded and described [land deed recital] . .. did enter and him from his Farm aforesaid did eject and otherharms to him did to the great Damage from the said Timothy . . . Whereupon the said Timothy saith he is worse and hath damage to the Value of Three Hundred pounds lawful money of Pennsylvania and therefore brings this suit.” John Doe and Richard Roe, Witnesses. “To: Mr. Hans Depue,Tenant in Possession of the Premises or some part thereof:” From: Thomas Troublesome, Easton, 4th Aug 1768 Sir “I am informed that you are in possession of or Claim Title to the Premises in the within Declaration of Ejectment mentioned or some part thereof and I being sued in this action as casual [?] and having no Claim or Title to the same do advise you to Appear at the next County Court of Common Pleas to be held at Easton for the County of Northampton on the twentieth day of September next and then and there by Rule of the same Court to cause Your¬ self to be made Defendant in my stead and defend of your title if any you have to the Pre-mises. Otherwise I shall suffer a judgment to be entered up against me by Default and you will be turned out of Possession.” I am your friend. Thomas Troublesome

5 Editor’s Note: This case is an ejectment, recognizable because of such names as Timothy Seekright, Thomas Troublesome, John Doe, and Richard Roe. The action was highly fictitious and brought by a purely fictitious person. The latter’s title, however, had to be established in order to warrant a recovery, and the establishment of such title, though nominally a mere incident, was in reality the object of the action. 352 Pennsylvania Genealogical Magazine [Vol. 42

Lessee ot the Proprietors vs. Benjamin Depue, on motion of affidavit ordered to pay the costs [?].

“Be it remembered that at the General Quarter Sessions of the Peace of our Lord the King holden for the County of Northampton aforesaid at Easton in the County aforesaid on the nineteenth Day of December in the tenth year of the Reign of our Sovereign Lord George the third King of Great Britain, France and Ireland, Defender of the faith. Before George Taylor, Jacob Arndt and Charles Stewart, Esquires and others their Associate Justices of our said Lord the King his Peace in the County aforesaid to keep and also divers Felonies Trespasses and other Misdeeds in the County aforesaid committed to hear and determine assignedJohn Durky of the County of Northampton Yoeman doth acknowledge to owe to our Sovereign Lord the King the sum of three hundred poundsJacob Stroud, Abraham Miller,John VanEttin, and Jacob Brinker of the same County Yoemen severally the sum of seventy five pounds to be levied of their respective Lands and Tenements Goods and Chattels to the use of our said Lord the King his Heirs and Successors. On Condition that if the saidJohn Durky shall personnally appear at the next Supreme Court to be held at Philadelphia on the Tenth Day of April next to answer to a certain Bill of Indictment for a forceable Entry and Detainer there depending against him and not depart the said Court without Licence then this Recognizance to be void otherwise in full Force and Virtue. In Testimony whereof I Lewis Gordon Clerk of the Peace of the said County of Northampton hereto set my hand and seal of the said Court at Easton in the County aforesaid the twelfth day of April 1770." Lewis Gordon (signed) [. . .] Recognizance using the same form as that forJohn Durky, above, citing Benjamin Shoemaker to answer a similar Bill of Endictment for forceable entry, for three hundred pounds. King vs.John Durky and Benjamin Shoemaker “Aforesaid have held out and yet do hold out to the great damage of him the saidJohn Anderson contrary to the Form of the Statutes in such case made and provided and against the peace of the said Lord the now King his Crown and Dignity.’’ “The defendants Benjamin Shoemaker andJohn Durky appear and plead not guilty.” Witnesses: James Graham Joseph Morris John Murphy John Dick David Mead Abraham Patterson

Timothy Horsefield6 vs.John Drake

6 Timothy Horsefield and James Peaceable are fictitious persons; this is an ejectment. 2002] Courts of Oyer and Terminer 353

James Drake was attached to answerJames Peaceable of a plea he entered into a certain messuage plantation and tract of land containing 113 acres of land ... in the township of Lower Smithfield which Timothy Horsefield demised to the saidJames for a term not yet expired and ejected him from his said farm and other wrongs to him did to the great damage of the saidJames, .. . and whereupon the saidJames by his attorney Nicholas Wain saith that he is injured and hath damage to the value of one hundred pounds and thereof he brings the suit. And the saidJohn Drake by his attorney comes and defends the force and injury when he saith that he is not guilty of the Trespass and Ejectment aforesaid in manner and form as the said Timothy Horsefield against him hath complained and this he prays may be enquired of the the Country and the said Timothy in like manner therefore let a jury come who neither . . . recognize . . . because as will ... Lessee of Timothy Horsefield vs.John Drake 1 March 1767 James Peaceable by his attorney Nicholas Wain complains that Timothy Horsefield on 1 December 1767 had demised the properties in question to the saidJames Peaceable for ten years dating from 26 November last. ThereforeJames is injured and has damages to the value of 100 pounds and therefore bringith suit. Witnesses: John Doe Richard Roe “Lessee of Timothy Horsefield andJohn Drake by consent of Parties Judgment that the Plaintiff recover provided if the defendant pay the sum of fifty-five pounds with interest and all cost of the Suit, then the lessor of the Plaintiff to execute a legal assurance to the defendant for the land.”

March Term 1767 Richard Freeman answers Thomas Kidd, administrator of the estate of John Kidd. Nisi Prius Record Pleas, 10 April 1770 Thomas Kidd, Adminstrator vs. Richard Freeman John Kidd died 20June 1766 at Easton and Richard Freeman was the administrator of his estate. Richard Freeman owed John Kidd £100 at his death and has refused to pay. Thomas Kidd saith he is worse and hath damage to the value of £150 and therefore brings suit. At a Court of Nisi Prius held at Easton in and for the County of Northampton, 25June 1770 beforeJohn Lawrence and Thomas Willing, Esquires,Judges of the Supreme Court of the . “And now to wit at this dayt came as well the said Thomas Kidd, by his Attorney, Nicholas Wain and the said Richard Freeman, by his Attorney, 354 Pennsylvania Genealogical Magazine [Vol. 42

James Biddle and that the Sheriff to witJohnJennings, Esq. returns a certain jury to wit: Arthur Lathemore, Robert Lathemore, Michael Bretz, Aaron Dunleampen, Michael Misinger, George Raup,John Crawford,John Long, Sr., Jacob Hartzale, Matthias Koenig, Melchior Hay, and HenryJacobic who being impanelled, tryed and sworn upon their respective oaths do say that they find for the plaintiff, £136 and 6p costs.” Witnesses for Plaintiff Witnesses for Defendant JohnJones John Ohely Nicholas Schull John Tool William Townsend Isaac Freeman JohnJennings Gratius Larah HenryJacobic

List of [?] returnable to the Nisi Prius Court at Northampton, 25June 1770 Thomas Kidd v. Richard Freeman— Rule to Plead Timothy Horsefield vs.John Drake— Rule for Tryal Lessee for Proprietors vs.John and Benjamin Depue— Rule for Tryal

26June 1770 Persons who appeared and produced the proper certificates and took the usual oaths prescribed by law: Casper Doll, Leonard Kern, Lawrence Brader, Matthias Koenig, George Yunker, Christopher Spangler, Christopher Gross, John Musselman “being a Minonist and conscientiously scrupling to take an Oath his solemn affirmation in common form.”

Minutes of Nisi Prius, Easton,June 1771 Lessee of the Proprietors vs.John Depue— discontinued. Lurch’s Lessee vs. Edinger No declaration files— continued. Timothy Peaceable, Lessee of Leonard Burgert,John Barnes and Anna Elizabeth, his wife; Lawrence Brader and Catherine Barbara, his wife; Peter Kosch and Catherine, his wife: vs. Michael Troxel and Hannickel Troxel Concerning a land dispute over 200 acres in Whitehall Township. “And now to wit this 17June 1771, aJury being called came to wit: Abraham Lattimore, Michael Old, Anthony Lark, Adam Kuker, Philip Anthony, Daniel Knous, Nicholas Meyer, Nicholas Best, Christian Gross, Robert Latimore,John Gressmier and Philip Odewelder who being duly sworn by their oath or affirmation respectively do say they find for the defendant.”

Pleas before William Allen, Esquire . .. held the tenth day of April 1771 at Philadelphia. “At the General Quarter Sessions of the Peace of Our Lord, holden for the County of Northampton aforesaid at Easton ... on the 19th of December 1770 . . . before George Taylor,Jacob Arndt, Charles Stewart, Esquires and others . . . [heard by] Thomas Todd, Michael Shoemaker, Matthias Koenig, 2002] Courts of Oyer and Terminer 355

Jacob Wood, Casper Erb, Ludwig Erb, Leonard Myer, Henry Miller, Derrick Atten,James Rinken, Melchior Stecher, Michael Gangware, Benedict Lutz and William Nice ... is presented thatJohn Anderson late of Northampton County, Yoeman, the fifteenth day of April 1769 was possessed of thirty acres of arable land, ten acres of meadow and twenty acres of woodland with the appurtenances . .. being in the County of Northampton on the East Branch of the River Susquehannah, being part of the Manor of Stoke for a certain term of years then and still to come and unexpired and being as possessed thereof [all the following persons are cited as being Yoeman, late of the County Northampton] Benjamin Shoemaker,John McDowell, Samuel Weyburn,John Lee, Joseph Lee, Stephen Lee, Noah Lee, Daniel Haines,John McDowell the younger, Daniel Shoemaker the younger, Alfred Harrod, William Leonard, Jesse Leonard, Elijah Halloway, Thomas Bennet, Samuel Marvin, Rhuben Halbut, Benjamin Toilet, William Comstack, Samuel Clark, Ephraim Buck, William Wickam, William [illegible], Partiali Terrall, Benjamin Baker, Samuel Dyer, Caleb White,John Durand, Zebulon Hocking [?], Daniel VanEtten, Thomas Sutt,Jacob Shear, David Marvin, [illegible] Kinney, William Jones, John DeLong, Oliver Smith,John Smith,John Smith the younger, Azariah Dean,Joseph Moss, Morgan Caravan,John Wheet,Jacob Welsh,John Durkee, Jabez Cook, Ebenezer Nutrip, Thomas Grey, Thomas Wicks,John Perkins, Silas Hill, William Buck, Peter Harris,Jenkins Corey, Daniel Cash, Thomas Night, Moses Hibbard, Moses Hibbard the younger, Silas Bingham, Silas Parks, William Halsey, Ebenezer Backhouse,James Atherton,James Smith, Abijah Mack, Prince Eldin, Elias Yale, Akiah Windsor, Ephraim Ferguson, Ephraim Lyon, Obadiah Hull, Ephraim Coy, William Stubbs, William Jockey, Daniel Rhines, Thomas Haines,John Gardner the younger,John Owens, Thomas Croghan, Ezra Dean,Jonathan Wicks, Simon Draper, Robert Draper, Robert Hopkins, Robert Baker, Philip Wicks, Daniel Brown, Ebenezer Hibbard afterwards to wit the fifteenth day of April in the year aforesaid at the County aforesaid into the said thirty acres of arable land ten acres of meadow and twenty acres of woodland the the appurtenances situated aforesaid in the County aforesaid with Force and Arms and a Strong Hand unlawfully did enter the saidJohn Anderson from the peaceable possession of the said [lands] aforesaid then and there with force and arms and a strong hand unlawfully did expell and put out and the said John Anderson from the Possession thereof from the said fifteenth day of April in the year aforesaid until the day of the taking of this inquisition aforesaid have held out and yet do hold out to the great damage of him the said John Anderson contrary to the Form of the Statutes in such case made and provided and against the peace of the said Lord the now King his Crown and Dignity,” The defendants Benjamin Shoemaker andJohn Durky appear and plead not guilty. Witnesses for the Law: James Graham John Murphy David Mead Joseph Morris John Dick Abraham Patterson. 356 Pennsylvania Genealogical Magazine [Vol. 42

Naturalization Oaths taken and subscribed by 3 German at Easton, 17June 1771 Conrad Erie (by mark), Forks Township— Last sacrament taken 9June 1771 John Pop (by mark), Forks Township— Last sacrament taken 9June 1771 Dietrick Hauk (signed), Forks Township— Last sacrament taken 7 April 1771 Naturalizations Affirmed by 4 Germans at Easton, 17June 1771 August Henry Francke (signed), Bethlehem— Last sacrament taken 15June 1771 Daniel Kunckler (signed), Bethlehem— Last sacrament taken 20 May 1771 Cornelius Weyant (signed), Forks Township. Elizabeth Struber (signed), Easton

“The Grand Inquest for the Body of Northampton County aforesaid upon their Oath and Affirmation respectively do present that Samuel Beytheman, William Wilson, Abraham Reeser,John Vanbuskirk, Henry Bussard, Benjamin Vanhorn,John Bittenbinder, Nicholas Alderman,John France, and Abraham Smith [all late of the County aforesaid Yoeman] the [blank\ day of the Year of our Lord one thousand seven hundred and [blank] Township in the County aforesaid with force and arms unlawfully and wickedly intending to overthrow the Government of this Commonwealth and to betray the United States of America into the Hands and Power of the King of Great Britain did assemble and meet together and so being assembled and met together with force and arms and without any lawful authority then and there did agree and declare that they the said Samuel Beytheman, William Wilson, Abraham Reeser,John Vanbuskirk, Henry Bussard, Benjamin Vanhorn, John Bittenbinder, Nicholas Alderman,John France, and Abraham Smith [all late of the County aforesaid Yoeman] would not bear Arms against the Indian Allies of the King of Great Britain then actually invading this State and at open War and Enmity against the same but would be at peace with the said Indian Allies of the King of Great Britain And that they the said Samuel Beytheman, William Wilson, Abraham Reeser,John Vanbuskirk, Henry Bussard, Benjamin Vanhorn,John Bittenbinder, Nicholas Alderman,John France, and Abraham Smith then and there with force and arms and of their own evil wicked imagination without any lawful authority therefore siditiously did combine consult and agree together to send off a flag to the said Indian Allies of the King of Great Britain then at open War against this State and the United States of America and actually invading the same To the [?] the power of this State and the United States of American in their endeavours to assist the Arms and Invasions of the said King of Great Britain and the said Indian Allies to the manifest danger and great Discouragement of the virtuous Citizens of this State and the said United States of America in their Opposition to the Tyranny of the said King of Great Britain, to the Subversion of Government and against the Peace and Dignity of the Commonwealth of Pennsylvania.” Witnesses: Signed,John Lergeant, Att. Genl [illegible] Shaw John Arndt, Esq. [illegible] Buss Robert Leven, Esq. 2002] Courts of Oyer and Terminer 357

[There are additional records for Northampton County 1779-80 not published here.]

PHILADELPHIA COUNTY 1 Selected files.] Petitions to The Worshipful Mayor, Recorder, and Alderman of the City of Philadelphia, all made in 1763. The Petition of John Turner— Rejected ThatJohn Turner has formerly a License to keep Tavern in this City and afterward at Kensington, and is now removed again into the City And being desirious to follow the same Employment . .. The Petition of John Little— Granted That John Little lives in the House formerly in the Occupation of William Nicholson which has been an old accustomed Inn and as he is desirous of carrying on that business of Innkeeping and has Stables and everything necessary for that Purpose,... to keep a public House of Entertainment . . . Petition of William Morris— Rejected Petition of James Henry Petition— Rejected ThatJames Henry is lame and incapable of Hard Labour ... to sell spirituous Liquors by the small Measure in this City. .. Petition of Joseph Ashmead— Rejected ThatJoseph Ashmead lives in a House conveniently situated for retailing liquors and as he presumes such a House is much wanted in that Part of the city ... to sell spirituous Liquors by small measure in this City . .. Petition of Jacob Amn— Rejected Jacob Amn lived with William Peters. House in Walnut Street opposite the Alms House. That your Petitioner has a very weakly constitution and being brought up to no Trade is incapable of getting his Living by hard Labour. . . to sell spiritous Liquors by the small measure in this City . .. Petition of Henry Kline— Rejected Henry Kline being much afflicted with Rheumatic Pains and is thereby rendered incapable of procuring himself a livelihood and as he has rented a commodious House formerly in the Occupation of Andrew Hooke, he humbly ... to sell spirituous Liquors by small measure and keep a public House in this City . .. Petition of Christopher Seal— Rejected Christopher Seal lately removed to this City from Plymouth Township in Philadelphia County where he had his Honour's License for keeping a Public House of Entertainment, and being desirous to follow the same employment ... to sell spirituous Liquors by small measure ... [There are additional petitions.] 358 Pennsylvania Genealogical Magazine [Vol. 42

April 1768 King vs. Charles Smith and Thomas Furlong Witnesses for the Prosecution: Witnesses for the Defendant: Dr.Thomas Bond John Smallwood Young Gifford John Chew Michael Kelly Francis Galloway Samuel Tucker William Haines William Steele Charles Oneal Daniel Fullan Barney Oneal John Stacy William Morrison William Herring John Winter Francis Kenton True Bill Returned Grand Inquest present that Charles Smith, Mariner late of Philadelphia County on 11June 1769 at the District of Southwark did assault Arthur Campbell, a Constable in the legal execution of his Office and with a certain wooden staff did strike Campbell on the left side of the head giving a mortal wound and he did instantly die. Thomas Furlong, Mariner late of Phila. did aid, abet and assist Charles Smith. Arraigned and plead Not Guilty Jury Summoned Verdict: Charles Smith and Thomas Furlong are not guilty of the Felony of Murder, but are guilty of Manslaughter. Judgment: “Ordered that the Prisoners do each find Security for their good behavior for twelve months, each to be held in £200 and their two Sureties in £100 each, pay the Costs of Prosecution and stand committed in the meantime. The prisoners were severally burnt in the Brawn of the left Thumb with the Letter M in the presence of the Court.”

April Session, 1770 King vs. Mary Bryan Indictment: Burglary True Bill Returned: William Deweese, Foreman Arraigned and pleads Not Guilty Presentment: Mary Bryan, Spinster, late of the County of Philadelphia on 22nd November 1769 “with Force and Arms the Mansion House of Susannah Moffet in the City of Philadelphia did break and enter and one Gown of the value of ten shillings, two Shirts of the value of 10 shillings and three Aprons of the value of 9 shillings.. Verdict: Guilty Judgment: Hang by the neck till she be dead. 2002] Courts of Oyer and Terminer 359

King vs. David Jones & ThomasJones April 1770 True Bill Returned, William Dewees, Foreman

Indictment: Burglary Arraigned and plead Not Guilty severally

Presentment: DavidJones and ThomasJones, both labourers of the County of Phila on 11 February 1770 “with Force and Arms the Mansion House of Francis Heineck in the City of Philadelphia did break and enter and 29 silk handkerciefs [sic] of of he value of £6, 10 silk and cotton handkerchiefs of the value of 30 sh.} 6 yards of long Lawn of the value of 18 sh, 2 yards and three Quarters of Gauze of the value of 8sh, 65 yards of Check of the value of £6, 31 yards of white Oznabrigs of the value of 30 sh, 8 pair of Worsted Stockings of the value of 20 sh. and five pair of Worsted Garters of the value of 2 sh and 6 pence of the goods and chatties of the said Francis Heineck ... did steal and bear away ..

Verdict: Both Guilty Judgment: Both to be hanged by the neck till they be dead. Examination of ThomasJones. Taken 23 Feb 1770 beforeJohn Lawrence and Thomas Willing. This examinant sayeth “that he came from Bristol into Virginia about seven months ago in company with one DavidJones, that he left him in Virginia and came to this town by Water about a month before Christmas last, that about Christmas the above David Jones came up also to this City, as he informed this Examinant, but they did not meet until the Saturday before Francis Hanicks Shop was broken open, which the said David Jones first proposed to this Examinant to be concerned with him in doing, that accordingly they went to the said Hanick’ Shop about three o’clock in the Morning between the 11th and 12th Instant February when the said David Jones broke open the window by cutting out the Panel of the Shutter and then broke a Paine of Glass, thro which the said David drew all the Goods out and delivered them to this Examinant that they went off with the said Goods directly and hid them under a bridge on the lower ferry road, then return’d to their lodging at a house in third Street, but made little stay there thinking it best to go off towards Baltimore where they intended to go when they were apprehended at Chester/ Signed by ThomasJones

King vs. Herman Rosekrans April 1770 Indictment: Counterfeiting Bills of Credit True Bill Returned, William Dewees, Foreman Arraigned and Acknowledges himself Guilty 360 Pennsylvania Genealogical Magazine [Vol. 42

Presentment: Herman Rosekrans, Yoeman of the County of Phila on 1Oth day of September 1769 in the City of Philadelphia with Force and Arms falsify and unlawfully deceitfully corruptly and form similitude and likeness of a good true and genuine three pound Bill of Credit of the Province of Pennasylvania emitted by an Act of the General Assembly of this Province then and there did forge counterfeit, print, stamp and impress and the said Herman Rosekrans afterwards...did pay away to Robert Taggart of this City, shopkeeper ... to Hannah Lethgive of the City of Phila shopkeeper to the great damage of the said Robert Taggart and Hannah Lethgive.” Verdict: Guilty Judgment: Hanged by the neck till he be dead. Witnesses: Robert Taggart, Hannah Lethgive, RobertJones andJohn Gibson

King vs.James Guthrey and Richard West Indictment Burglary True Bill Returned, William Bull, Foreman Presentment of the Grand Inquest that “James Guthrey and James West [both Labourers of Philadelphia County] on the 24th day of June 1771 with Force and Arms the Mansion House of William White in the District of Southwark .. . feloniously and burglariously did break and enter and one Tea Kettle of the Value of Five Shillings, Six Pewter Plates of the Value of ten Shillings two Brass Candlesticks of the Value of five Shillings two Pewter Dishes of the Value of Five Shillings one pewter Pint Cup of the Value of Two Shillings of the Goods and Chatties of the said William White did steal take and bear away .. .” Arraigned and Plead Not Guilty Witnesses: William White Martin Flick Rudolph Sickle Wilhemina White William Sickle Jury Called: Gunning Bedford Benjamin Loxely Henry Woodrow Plunket Fleeson John Knowles John Fritz Ephraim Benham Magnus Miller Jacob Brown John Harper John Philips Verdict:James Guthrie and Richard West are Not Guilty of the Felony of Burglary, but Richard West is Guilty of Larceny in stealing the goods. Judgment that Richard West be “whipt next Saturday at a Carts Tail round four of the most publick squares of the City. . ” 2002] Courts of Oyer and Terminer 361

King vs. Margaret Rauch (late Sebald) and David Sebald Indictment— Murder of a Bastard Child Presentment that “Margaret Rauch Wife of Peter Rauch of the County of Philadelphia Yoeman, late Margaret Sebold of the County of Philadelphia, Spinster the 10th day of July 1771 in the Township of Frankfort and New Hanover in the County of Philadelphia was with Child and pregnant with a living male Infant And that the same Margaret afterwards, to wit the said tenth day of July in the year aforesaid at the Township and County aforesaid the said Infant aforesaid from her Body secretly and privily did bring frorth alive which same male Infant so being brought forth alive by the Laws of this Province of Pennsylvania was a Bastard And that the said Margaret afterwards to wit the same Tenth Day of July in the year aforesaid not having God before her Eyes but being moved and seduced by the Instigation of the Devil at the Township and County aforesaid with force and arms upon the said living infant an Assault did make and that the said Margaret with both Hands about the Neck of him . . . did choak and strangle of which said Choaking and Strangling the said Infant then and there instantly died And the Inquest aforesaid upon their Oaths and Affirmation aforesaid do further present that David Sebold of the County of Philadelphia, Labourer then and there feloniously, wilfully and of his Malice aforethought was present, aiding, helping, abetting, conspiring, assisting and maintaining the said Margaret with the Felony and Murder aforesaid.” Witnesses: Leonard Sebold Ana Maria Gieger Christian Sackreider CatharinaJergen Catherina Pfalsgraf Grand Jury Returned Ignoramus Before [illegible] Antes 19 February 1772 Ana Mary Geiger, Christian Sackreider, CatherineJerger and Catherina Pfalsgraf— Each held £25 to appear and give evidence against David Sebolt and Margretha Roug formerly called Margaretha Sebolt (N.B.: The above named David Sebolt and Margareth Roug is charged with Murdering a Child in this County and committed by Lewis Klotz, Esq. of Northhampton.) Examination of Margareth Rauch the wife of Peter Rauch of Macungie Township in the Said County Concerning her Bastard Child of which she was Delivered before she was married— taken before Lewis Klotz,Justice of the Peace 13January 1772 [N.B.: This name could be read occasionally as Lebolt or Lebold] The Examinant says “that She is Married about four weeks ago with Peter Rauch. She was Present when her Brother Leonhard Sepolt was qualified and Examined about a Bastard Child She was Pregnant with She being asked what became of the Child first She absolutly Denied that she ever was with Child for a long time then her Brother Leonhard said to her how Can you Deny it, you have told our Mother me and Several Persons more, that 362 Pennsylvania Genealogical Magazine [Vol. 42

you ware with child upon that she begun to Cry, and Said I am a poor Sinner but I have not Killed the Child I asked her what became of it, Told her Likewise to be Honest and to Give a True account thereof then She may Expect Mercy of God and Men then She Confesed that She was Pregnant of a Bastard Child byJohn George Rotterock in the Middle of December Anno Domini 1770 he Promising her to Marry but did not fulfill his Promise and went off; last Harvest She went to Reap Down in Falkener Swamp in Philadelphia County Wether in Frederick or Douglas Township where She was Delivered of Said Bastard Child which was a Male Child in the Barn of Jacob Geiger in the Daytime and after She was Delivered there was a How [Hoe] Nigh the Barn She Dug a whole in the Grount Nigh the Barn as the Child being Deadborn She Buried the Said Child near the Dung Heep and no Body being with her when She was Delivereed and Buried the Child I asked her whether no body be nigh at Hand or So Nigh that she might Call for it She answered the wife belonging to the House ware within the House but She did not Call her I asked her whether She had Taken any Doctor Stuff She Said no She Said that day when she felt pain went to the the Doctors House his name whare Sackrider he whare not at Home but next day he Came to her at the House atJacob Geiger Gave her Some Stuff but did not take it because it was all over and she did not Say anything to the Docter that She had a Child. I asked her whether She Eaten or Drunk anything before that Should Drive off the Child She would not answer then Her Brother Called her our Door they where our a Good while They came in again her Brother Leonard Sepolt said now his Sister would Confess Everything that She Told him just now outdoors that She made Tea of Pennyrol or Pulegium and Drunk it I asked her whether She made much Tea and Drunk it She answered yes She did but she dowes not know whether the Child went off by the Tea or by a fall or two She Had I asked her what was the Persons Name that Gave her Those falls She Could not name any Particular Persons She Said they ware in Company and frolicksome She can not name any Particular Person but She being Very Sorry for it what happened with her Child, and She prays to God Almighty that her Sin my be forgiven, her Child being Death when She was Delivered and She had not Murdered the Child, the first Time She felt it that She had a Living Child within her was the Ninth Day of May Last and at the beginning of July last She Lost the Child.” Northampton County The Second examination of Margareth Sepolt [often Lebolt] taken before me Lewis Klotz one of of his Majesty'sJustices of the peace in and for Said County the 17th day of January 1772. 1 have called to my Assistance Dewald Meglin,Jacob Ludwig,John Groff andJohn Mourer (and as they say Her Husband Peter Rouch) “The Examinant Desired another Hearing before me which was Granted I asked her what She had to Say She asked whether there ware no Marcy for her and whether She must obsolutely go to Gaol I told her that there was no other help for it She answered I am Innocent of my Childs Death I asked her whether She ware Delivered of a Living Child She Said yes I was but I am Innocent of his Death I asked her then how Can you prove it that you ware Innocent She considered a Good wile then her Husband Told her to Tell it. She Said I have been delivered at Folkenner Swamp upon the Stable on the 2002] Courts of Oyer and Terminer 363 hay of Jacob Geigers as I Said before about Noon her Brother David Sepolt [Lepolt?] and other People ware a Reeping in the fild of said Geigers about noon She being delivered of a living Male Child So when her Brother David and other people Came from the fild to Dinner and after Dinner when the other people ware Resting her Brother David Lepolt Came in the Said Barn and upon the Hay where She Lay with her Child then he Took the Child which was alive then Rapit up in Hay and went Down with it away from her Killed or Murdered the Child or whether he Buryed it alive She Does not Know She asked him afterwarts what he Dit with the Child he told her he Buryed it right the Barn. I then send immediately for the said David Lepolt and when he Came before me Denied absolutely the Fact but had nothing to Say in his own Defance but his Sister Charged him before me and the man above mentioned in his face that he tooked the Child and Buryed the Same he said Can you Take your oath if you can Sware to it I will be guilty of it and he and his Sister then being Committed to Easton Goal.”

King vs. Henry Karr TriedJuly 1772 Indictment: Rape True Bill Returned, Alexander Edwards, Foreman Arraigned and pleads not guilty Presentment “that with Force and Arms upon a certain Christina Turner in the County of Philadelphia an assault did make and . . . against her will and consent did ravish and carnally did know ...” Witnesses: (before Edward Shippen) Christina Turner Jane Harvey Alice Jessop Witnesses: (before Thomas Willing) Susanna Reach Mary Farmer Sellwood Griffin Verdict: Not Guilty of Rape, but Guilty of an Assault with the intent to Ravish Judgment: Henry Karr be whipt at the Public Whipping Post with thirty one lashes and the Saturday following that he stand in and on the Pillory for the space of one hour and again the Saturday following stand in and on the Pillory for the space of one hour.That he give security himself in £100 and two sureties in £50 each for his good behavior for 12 months, that he pay costs of prosecution and stand committd.

[There are additional records for Philadelphia County 1779-80 not published here.]

[Abstracts from York County may appear in a future issue.]