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Northampton County COURTS OF OYER AND TERMINER 1757-1787 BEDFORD, BERKS, BUCKS, CHESTER, CUMBERLAND, LANCASTER, NORTHAMPTON, PHILADELPHIA 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, 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.
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