Page:The Green Bag (1889–1914), Volume 05.pdf/542

 The First Court West of the Alleghanies.

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In the county clerk's office, in that place, the unto the sd Dave Higdon a certain negro man curious may see the recorded proceedings of slave named James, which the said Roddy's Com this court, remarkable alike in its origin and pany took from Henry Grimes, provided the sd in its jurisdiction. The court exercised both Higdon do well and truly prove his property of the legislative and judicial powers, administered said slave." "It is the opinion of the court that the defend civil and criminal law, and tried and punished ant be imprisoned during The present war with crimes grading from treason and murder to Great Brittain, and the Sheriff taking the whole of misdemeanors. his estate into custody which must be valued by a That the settlers were true sons of liberty, jury at the next court, and the one half of the sd and had lost nothing of the spirit evinced at estate be kept by the said Sheriff for the use of the Alamance, is shown as clearly by these the State and the other half remitted to the family records as by the fact that they sent across of defendant." the mountains a force under the command "On motion of Ephraim Dunlap that Isaac of John Sevier, to meet the British and Buller should be sent to the Continental Army wrest from them a decisive victory at the and there to serve three years or during the war. battle of King's Mountain. In fact, it might On hearing the facts it is ordered by the Court be said, with some degree of truth, that the that the said Isaac Buller be immediately com court was conducted as a branch of the mitted to goal and there safely kept until the said Continental army, as these quotations from Isaac can be delivered to a Continental Officer its minutes evidence: — to be conveyed to Head Quarters." "Ordered that Zeble Brown be discharged by the sheriff, he the sd Brown having enlisted in the Continental Army." "Joseph Darton came into court and took the oath of allegiance to this State." "Ordered that John Holley be sent to goal for his ill practice in Harboring and Abetting dis orderly persons who are prejudicial and Inimical to the common cause of Liberty, and Frequently disturbing our Tranquility in Gen'l. And on mo tion it is further ordered that 1500 pounds current money, due from Robt. Caldwell for two negroes be Retained, for there is sufficient reasons to be lieve that the said Holley's estate will be confis cated to the use of the State for his misdemeanors." "State vs. George Lewis, for treason against the State. On hearing the facts and testimony of the witnesses, it is the opinion of the court that the said defendant be sent to the district goal, It appearing to the Court that the sd Lewis Is a spie or an officer from Florida out of the English army." "David Higdon came into court and proved himself by the oath of several credible witnesses Also by the certificate of sundry gentlemen that he the said Dave Higdon is a zealous and good friend to his country and that the Court do rec ommend It unto Capt. James Roddy to deliver

The court was summary rather than delib erate in its action, direct rather than tedious in its procedure. A contested election case was thus disposed of: — "Wm. Cocke by his council Waightsill Avery attorney moved to be admitted to the office of Clerk of the County of Washington which motion was rejected by the Court, knowing that John Sevier was entitled to the office."

Why should not this case be cited as authority that a court will take judicial knowledge as to who are its officers? "On motion it did appear that Joshua Williams and a certain James Linsay did feloniously steal a certain bay gelding from Sam'l Sherrill, Sr. Ordered that if the sd Sam'l Sherrill can find any property of the said Joshua Williams or sd Linsay that he take the same into his possession, he first leaving bond and security with the County Clerk pay'd to the court in behalf of said Williams and Linsay for his safe keeping the same until lawfully called for."

Who can gainsay that, the aforesaid Wil liams and Linsay having absconded, this action of the court was not equal and exact justice?