Court Minutes 1828 - Territorial Gadsden County

 

These minutes are a collaborative effort of Pamela Vojnovski, who made copies of them, and of Barbara Boynton and Donna Warlick who typed from the originals and proofed them.

Note by County Coordinator:   Gadsden was still a Territory at this time and had no complete county government, with employees to do the work. There were just appointed figures, like the judges, sheriff, tax collector, and clerk of the court. The judges would assign men living on the roads to be the overseer of the road maintenance on a certain road. The judge would assign another man to "apportion the hands" on the road for a certain overseer. The phrase "apportion the hands" meant to decide how many hands (workers) would be needed and then request that many slaves of large land owners living near the road when it was time to actually do the work.

Note by County Coordinator:   The minutes were full of abbreviations that persons who have never read old documents would not understand, including names of people. Those abbreviations have been removed for ease of reading and to make people's names retrievable when querying. A blank indicates the word or words were unreadable. A question mark indicates unsure of transcription.

Abbreviations used herein:
"viz" means "that is"
Jno. is abbreviation for John or Jonathan
Jas. is abbreviation for James
Sam'l is abbreviation for Samuel
Alexr is abbreviation for Alexander
Wm. is William
"dec'd" means "deceased"
"Am." means "Administrator"
"Esqrs." means Esquires. Esquire was, at this time, used as a title of courtesy usually placed in its abbreviated form after the surname as in John R. Smith, Esq. While in present day United States it is usually associated with attorneys, in earlier times and in other countries, it was used for landed gentry.

January 1828 Term

January 14 A. D. 1828

This day the Honorable County Court of Gadsden met according to adjournment. His Honour Jonathan Robinson presiding as Judge.

Ordered that Jno. Wynn be appointed overseer of the road leading from Quincy to the Crossroads at Burnetts Store, on Forbes purchase.

James Dunlap, Esquire, exhibited a license from his Excellency William P. Duval to plead and practice as an attorney and counsellor of law in this Territory and having taken the necessary oaths is on motion admitted as an attorney and counsellor of law in this Court.

Ordered by this Court that Francis A. Cash act as attorney to prosecute in behalf of the Territory for the term of this Court.

Philip Yonge presented a certificate of his moral character and a diploma, prayed to be admitted as a practicing physician of this County and it is accordingly ordered.
[Note: in the margin is a note saying this was issued 17 January 1828]

January 15th A. D. 1828

This day the Court met agreeable to adjournment. Present His Honour Judge Robinson, J.G.C.C. [Note: J.G.C.C. means Judge, Gadsden County Court]

Ordered by this Court that Matthew Fain and Jared Johnson magistrates who were fined last court ten dollars for non attendance said fine is remitted.

Ordered by the Court that an order heretofore made to the Sheriff for the purpose to bring in the negro Isaac for the purpose of binding him out, there appearing no evidence before the Court that said Isaac is free, and the Sheriff of said County remand said Isaac to Jonathan Thomas.

July 7th 1827

Amount received from purchasers of lotts in the Town of Quincy on part of the second; and the third instalments

Jason Gregory     $7.55
Thomas Edwards     $2.00
David Patterson     $4.50
J. T. Wilson     $2.25
John Rodgers     $17.00
Sherod McCall     $9.00
M. Nicholson     $4.00
John Edwards     $18.50
J. T. Wilson     $6.50
H. McNeill     $7.00
H. McNeill by court order clerk     $9.00
P. H. Wooten     $18.00
E. Tanner     $13.00
Jona Thomas     $8.50
J. T. Wilson-T.S. Reid (Bird 3)     $109.33-1/4
J. W. Wilson     $25.16-2/3
D. L. White-Joseph Yonge's note     $54.50
R. Forbes per court order     $31.50
R. D. do" per Wm Edwards and J. Wooten     $4.00
R.D. do" per L. Armisted     $5.00
R.D. do" per T. Painter     $1.33-1/2
R.D. do" for the use of Court House     $6.00
A. G. Tomlinson per C. Order per R. Forbes     $17.00
Joseph McBridge     $53.62-1/2
H. Wilder     $13.50
William & J. Cameron     $149.66-2/3
William H. Paramore     $6.00

Amount Paid to Creditors of the County of Gadsden on the 7th July 1827

The Treasurer as per Court order in his favor $61.74
James U. Wilson $150.00
Robert Forbes on Youngs note $113.83-1/2
Robert Forbes per Court order $25.00
Robert Forbes per Court order $23.50
Clerk CG per Court order for extras $25.00
T. Fain for services c/o of road $3.00
  $383.08-1/2
JosephYonge by his note in favor of D. L. White $54.50
  $437.58-1/2
By amount paid on J. Youngs note $9.00
  $446.58-1/2
By amount paid Robert Forbes $155.66-1/2
Jonathan Robinson, Judge, Gadsden County Court, A. G. Tomlinson, J. P.  

[Transcriber's Note: Cannot tell if the following is a continuation of July 7, 1827, or if this reverts back to January 15, 1828]

Daniel Buie vs James A. Wooten & Paschal H. Wooten- Trespass Pleas General Issued by Consent

Now came the Plaintiff by his attorney Francis A. Cash and the Defendants by their attorney Samuel F. Love and the parties being ready for trial the following jury was sworn and impannelled to trye the issue to wit:
1.   John Boykin
2.   Daniel McLaughlin
3.   James U. Wilson
4.   Thomas Edwards
5.   David Patterson
6.   John Gray
7.   Hezekiah Wilder
8.   John T. Pitman
9.   Raford Hare
10.  Richard Lloyed
11.  Brian Croom
12.  John Rodgers
who returned the following verdict into Court to wit: we the jurors find the defendants not guilty and the Plaintiff Daniel Buie being dissatisfied with said verdict prays an appeal to the superior Court which is granted.

Territory of Florida vs Jessee Yone            Indictment for an affray, plea not guilty

Francis A. Cash, atty appeared to prosecute in behalf of the Territory and Samuel F. Love, atty, in behalf of Jesse Yone and the parties being ready for trial the following jur were sworn and empanelled to try the issue to wit: (the same jury as above) who returned into Court the following verdict to wit: we the jury find the defendant not guilty in manner and form as charged in the bill of indightment whereupon it is ordered by the Court that the said Jessee Yone be discharged.

Territory of Florida vs John Dawsey          Indictment-Affray by submission The Jury finds the Defendant guilty and assesses the fine six cents.

Territory of Florida vs Duncan McPherson- Indictment-Affray by submission
The jury finds the Defendant guilty and assesses the fine one dollar.

Jonathan Robinson, J.G.C.C.

April 1828 Term

April 7th A. D. 1828

This day the Court met for the purpose of appointing a Collector and receiver of tax returns.

Anthony G. Sweet is appointed Collector and David Ochiltree is appointed receiver of tax returns.

Jonathan Robinson, J.GCC, D. Ochiltree, J. P., Joseph McBride, J. P., Jno C. Love, J.P.

July 1828 Term

This day the Court of the County of Gadsden was opened agreeable to law. Present his Honour Judge Robinson.

No. 1   Elihu Atwater and Leslie (?) A. Thompson were nominated by Francis A. Cash Esqr as practicing attorneys of this Court and were admitted accordingly.

Personally appeared R. K. Call who being duly sworn deposeth and saith that Charles Louis Napoian Achelle Murat has been a resident of this Territory of Florida more than on year, during which time he has behaved as a man of good moral character, that he appears attached to the preamble of the Constitution of the United States and well disposed to the good order and happiness of the same.
R. K. Call

No. 2   Sworn to in open Court by R. K. Call this 14 July A.D. 1828 E. A. Robinson, Clk by H. McNeil, D. Clk

County Court of Gadsden County, Territory of Florida July Term 1828

Personally appeared in open Court Charles Louis Napolean Achelle Murat, a native of France, who having produced to the Court satisfactory evidence of his being entitled to become a citizen of the united Sates and of his having been a resident of this Territory for more than one year and after being duly sworn deposeth and saith that he will support the Constitution of the United States of American and that he doth absolutely and entirely renounce and abjure all alegiance and fidelity to every foreign prince, potentate, state or soverignty whatever, and that owing no allegiance to any prince, potentate, state or sovereignty he cannot renounce such allegiance to any of them by name, and that he doth furthermore renounce any and every hereditary title of nobility which he has borne or to which he is entitled in any state or Kingdom whatever.
No. 3        Achille Murat

No. 4   Ordered that the appointment of receiver at the April term 1828 be confirmed, and all the acts and doings of said receiver be approved and confirmed so far as the same be agreeably to an act entitled an act making further provisions for the collection of taxes.
App. Dec 28th, 1824

William Baker vs Jacob H. Beason The Jury finds for the Plaintiff and assesses his damage ten cents.

John & G. Carpenter vs John Lukes-dismissed by the defendant at his cost.

Joshua Johnson vs. Ruben Cloud - The Jury finds for the Plaintiff one hundred and twenty dollars. Judgment of the Court accordingly.

The following jury was sworn and empannelled to wit:

Jesse Gregory
William Edwards
John Hardgrove
E. Pitman
Byrd B. Wright
Richard Lloyed
John Edwards
Godfrey Stephens
Jason Gregory
John Parimore
Hosea Wilder
Henry Gee

Ira Sanborn vs Samuel T. Love and H. McNeil- On motion the defendant came into and prays leave to pay unto the Clerks office of said Court the sum of twenty four dollars ninety three & cents as the amount of principle and interest due the Plaintiff in this case which is allowed by the Court and money is accordingly paid into office.
E. A. Robinson, Clk by H. McNeil, D. Clk

July 15 th A. D. 1828

This day the Court met according to adjournment. Present His Honour Judge Robinson, Joseph McBride, David Ochlitree,--------Johnson, Esqrs and John C. Love, John Little and Stokely Sadberry, Esqrs.

No. 5&6   Ordered by the Court that Jesse McCall and Thomas M. Lanier be appointed overseers to meet at Murry's Ferry on the Ocklockone River and work jointly to the forks of the road, then McCall and his hands work to McCall's Bridge and Lanier and the hands under him to work on the road to Fain's Ferry or the new bridge.

No. 7   Ordered by the Court that all that district lying between Little River and Ochlockney up to Howards Mill Creek then up to the Tallahassee road, then with said road to the township line, then with said line to Oclockney shall comprehend the first magistrates district.
That all that district lying North of and between and North of the Willacochee up to the Georgia line comprise No. 2.
That Captain Gregorys district comprehends No. 3.
That Captain Sanders district comprehends No. 4

No. 8   Ordered by this Court that David Bags be overseer of the road from Vickers Ferry to the township line on said road.

No. 9   Also that Jared Johnson be overseer from that place to Stephens Branch.

No. 10   Also that James Willis be overseer from said branch to the Georgia line.

No. 11   Also that A. Bruton be overseer on the stage road from Quincy to the Georgia line.

No. 12   Also that E. A. Robinson be continued overseer from McCalls Bridge to Rocky Comfort.

No. 13   Also that Hezekiah Wilder be continued overseer on the road from Fain's Ferry or Norwood's Bridge through Quincy to the branch below A. Smith's.

No. 14   Also that Hiram Murphy be overseer from that to the Georgia line on the Fort Scott Road.

No. 15   Also that W. B. McCall be continued overseer on the road from the forks of the road West of S. McCalls to Quincy.

No. 16   Ordered that Col. Henry Yonge be appointed overseer of the road between Quincy and the landing place at the mouth of Little River as reported by commissioners appointed for laying off said road.

No. 17   Ordered by the Court William Dickson be appointed overseer from Rocky Comfort to Forbes line.

No. 18   Also that William holoman be overseer from that place to the edge of the hammock on the E. Side of Toliga.

No. 19   also that Samuel Jarrot be overseer from that place to where Mr. Carnochans Road leaves said road and that S. Sadberry, Esqr apportion the hands to work on said road.

No. 20   Ordered by the Court that David Ochiltree, Esqr receiver of tax returns be allowed three dollars and fifty cents per hundred souls for taking the census of Gadsden County for 1828.

No. 21   Ordered by the Court that Major J. A. Wooten be allowed six per cent on the tax collected in the year 1827 for his services.

No. 22   Also that D. Ochiltree, Esqr and Robert Forbes, Esqr be allowed six per cent on the amount of taxes that may be collected the present year as full compensation for their services in recovering and collecting the same.

No. 23   Ordered by the Court that David Howard be allowed four dollars as overseer of the road to be paid by the County Treasurer out of aney moneys not other wise appropriated.

No. 24   Ordered by the Court that William Smith be paid by the County Treasurer of the County of Gadsden the sum of thirty five dollars out of aney funds that may be in his hand as County Treasurer for which there were no existing demands previous to the 13th March A. D. 1827.

No. 25   Petition for a road from the Town of Quincy in the Territory of Florida to Fort Hughes in the State of Georgia. Ordered by the Count that William H. Parramore, Stephen Parramore and Allen McKinsey be appointed commissioners to examine the said rout and report to the next court.

No. 26   Petition for a road from the Town of Quincy to the Bay of Appalachicola ordered that the above petition be granted and that the following commissioners be appointed to examine and report on the same Wm. Dixon, Henry Gee, Jonathan Robinson and J. A. Dunlap.

No. 27   Ordered that the road called Armsteads be received as a public road and that John Edwards be apoointed overseer of said road from Quincy to Big Toligia and from Toligia to Apalachicola that F. Armstead be appointed overseer and that John C. Love, Esqr apportion the hands on said district.

No. 28   Petition for a road from near the residence of Martin Miller on the Federal Road and running thence to Quincy crossing Rocky Comfort. Ordered that the petition be granted and that the following commissioners be appointed to examine into the expediency of the same and report- Hardy Shepherd, Owen Filyaw and Stockly Sadbery.

No. 29   Petition for a road from Quincy to the Ocklockney-Ordered that Francis Cash, William Smith and William Dixon be appointed commissioners to view and report the utility and practibility of said road.

No. 30   William N. Avirett guardian of and Elizabeth Avirett guardian of returned into Court an account which is ordered to be filed.

No. 31   David B. Douglass and William Norwood, Extrs of Alexander Douglass, deceased, returned into Court an account which is ordered to be filed.

July 19th A. D. 1828

This day the Court met according to adjournment. Present his Honour Judge Robinson, David Ochiltree, John C. Love, J. McBride, Stokley Sadbery.

No. 32   Ordered that this account be received and that the Exectrs be allowed 5 percent on the receipts and 5 percent on the disbursements, the same having been sworn to in open court as required by law.

No. 33   Ordered that the above balance of one hundred and twenty dollars and forty five cents be allowed to Robert Forbes endorsee of Joseph Younge in full for the building of the Court House, principle and interest.

No. 34   Ordered by the Court of Gadsden County that the Treasurer pay to James U. Wilson forty five dollars out of aney money not otherwide appropriated as full compensation for building the jail.

July 19th 1828

No. 35   Ordered by the County Court of Gadsden County the Treasurer receive six percent on all money received and paid out by him as full compensation for his services.

No. 36   Ordered by the County Court of Gadsden County that E. A. Robinson be paid three dollars for money advanced Thomas Fain commissioner on the road in A. D. 1826.

No. 37   Ordered by the County Court that the C Clerk receive seventy two dollars as full compensation for extra services and orders of the county stationary, quills, and c including this term.

No. 39   Ordered by the Court that the Treasurer pay Robert Forbes twenty five dollars money advanced 17 Oct 1827 to James U. Wilson towards payment for the jail.

No. 40   Ordered by the Court that the Sheriff pay to the Treasurer the amount of county taxes received for 1827.

Jonathan Robinson, Presiding Judge

November 1832 Term

November 13 A. D. 1832

This day the Sheriff of Gadsden County returned at the Court House a warrant for forcible retainer against Francis Pickett in favour of Jonathan Thomas, present William Smith one of the justices of Peace of said County there being no other justices present Court is adjourned until tomorrow ten o'clock by order of
William Smith, J. P.

Territory of Florida, Gadsden County    November 14th, 1828

This day the Court met according to adjournment. William Smith and John Little Justices of the Peace for the county aforesaid being present Samuel T. Love as attorney for Francis Pickett tendered to the court a plea setting forth the facts contained in the record of yesterday which the court rejected.

Ordered by the Court that writ of restitution issue in this case against the defendant and that the defendant pay four witnesses to wit: Micajah King, John Thomas, Fredrick Simpson and Mary Simpson and the Plaintiff pays the rest of the witnesses.

The following jury being sworn and empanelled, to wit:
1.  David Patterson
2.   Daniel M. Jordan
3.   R.C.Lester
4.   Jesse Yone
5.   William Cox
6.   Thomas Gray
7.   James A. Wooten
8.   Godfrey Stephens
9.   Hardy Shepherd
10.  Hardy Glenn
11.  James U. Wilson
12.  Josea Wilder

Thomas vs Pickett The Jury finds that the Defendant did at the time of the exhibition of the complt filed in this course hold possession of the tenement therein mentioned against the consent of the Plaintiff, that the said Defendant hath so held possession thereof against the consent of the Plaintiff within three years next before the exhibition of said complaint and that the Plaintiff hath the right of the tenement aforesaid.
J. A. Wooten, Foreman

Judgement by the Court in favor or Plaintiff that he recover possession of the tenement with full costs and awarded a writ of Habes Facias of possession.
Wm. Smith, J. P.    November 14th, 1828.

 
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