lew teen
410 N.C.
swer of defendant. The following notice was
served on plaintiff: “The plaintiff is hereby
notified that the defendant will, on the 10th
day of February, 1934, at 4 o’clock P. M.,
move before his Honor, Walter L. Small, at
Flizabeth City, N. C., to vacate the sale here-
tofore held on the 19th day of December, 1933,
under the deed of trust referred to in the
complaint in this cause, and for a resale of
the lands therein conveyed.”
Numerous affidavits at the hearing on the
part of plaintiff and defendant are in the rec-
ord. The plaintiff’s are to the effect that the
bid on the farm in controversy was a “fair
price”—$2,650. The defendant’s are to the
effect that the cash value of the farm to-day
is “comparatively from $4,000.00 to $5,000.-
00.” In the notice of the sale made by de-
fendant that plaintiff contends he became the
purchaser is the following: “The right is re-
seryed to reject any and all bids.” Defend-
ant contends that the bid was rejected by her.
In chapter 275, Pub. Laws 1933, entitled
“An Act to Regulate the Sale of Real Prop-
erty Upon the Foreclosure of Mortgages or
Deeds of Trust,” is the following: ‘The Gen-
eral Assembly of North Carolina do enact:
Section 1. Any owner of real estate, or oth-
er person, firm or corporation having a legal
or equitable interest therein, may apply to
a Judge of the Superior Court, prior to the
confirmation of any sale of such real estate
by a mortgagee, trustee, commissioner or oth-
er person authorized to sell the same, to en-
join such sale or the confirmation thereof,
upon the ground that the amount bid or price
offered therefor is inadequate and inequita-
ble and will result in irreparable damage to
the owner or other interested person, or up-
on any other legal or equitable ground which
the Court may deem sufficient: Provided, that
the court or Judge enjoining such sale or the
confirmation thereof, whether by a temporary
restraining order or injunction to the hear-
ing, shall, as a condition precedent, require
of the plaintiff or applicant such bond or de-
posit as may be necessary to indemnify and
save harmless the mortgagee, trustee, cestui
que trust, or other person enjoined and af-
fected thereby against costs, depreciation, in-
terest and other damages, if any, which may
result from the granting of such order or
injunction: Provided further, that in other
respects the procedure shall be as is now pre-
scribed by law in cases of injunction and re
ceivership, with the right of appeal to the
Supreme Court from any such order or injune-
tion.
“Sec. 2, The Court or Judge granting such
174 SOUTH EASTERN REPORTER
order or injunction, or before whom the same
is returnable, shall have the right before,
but not after, any sale is confirmed to order
a resale by the mortgagee, trustee, commis-
sioner, or other person authorized to make
the same in such manner and upon such terms
as may be just and equitable: Provided, the
rights of all parties in interest, or who may
be affected thereby, shall be preserved and
protected by bond or indemnity in such form
and amount as the Court may require, and the
Court or Judge may also appoint a receiy-
er of the property or the rents and proceeds
thereof, pending any sale or resale, and may
make such order for the payment of taxes or
other prior lien as may be necessary, subject
to the right of appeal to the Supreme Court in
all cases.”
Section 3, in substance: Right of mortgagee
to prove in deficiency suits reasonable value
of property by way of defense. Inapplicable
to purchase by third persons. Court fore-
closures unaffected.
[1-3] Section 4, in substance: Conflicting
laws repealed and act not applicable “to tax
foreclosure suits or tax sales.” We think the
act constitutional. Home Building & Loan
Association y. Blaisdell, 290 U. S. 398, 54 S.
Ct. 231, 78 1. Md. 418, 88 A. LD. R. 1481:
Woltz v. Asheville Safe Deposit Co. et al.,
206 N. C. 239, 173 S. BE. 587, filed March 21,
1934. We think, under the language of the
act, the objection of plaintiff to the jurisdic-
tion that Judge Small had no power or au-
thority to hear the matter out of term and
out of the county, cannot be sustained. The
act says: ‘The procedure shall be as is now
prescribed by law in cases of injunction and
receivership.” N. C, Code 1931 (Michie) §§
843, 851, 852, and 859; Parker vy. McPhail,
112 N. C. 502, 16 S. KE. 848. In Worth v. Bank,
121 N. C. 348, 347, 28 S. E. 488, is the follow-
ing: “Ordinarily, the motion for a receiver
must be made before the resident judge of
the district, or one assigned to the district,
or holding the courts thereof by exchange, at
the option of the mover (Code, §§ 336, 379 [C.
S. § 859]; Corbin v. Berry, 83 N. C. 27); or,
at most, in analogy to the granting of re-
straining orders, if the motion for a tempwo-
rary receiver is granted by any other judge
than one of those just named, the order must
be made returnable before one of such judges
(Galbreath y, Everett, 84 N. C.546; Hamilton
v. Ieard, 112 N. C. 589, 17 S. E. 519).” The
action of the plaintif! grew out of the alleg-
ed sale. That the price bid was inadequate,
inequitable, and would result in irreparable
damage. The clerk had certain duties in ref-
pines Sadat
STATE v. STEFANOFF
N.C. 411
174 S.E.
erence thereto. We think, under the facts
and circumstances of the case and under a
liberal construction of the before mentioned
act, that the court below had full power and
authority to hear and pass on the matters in
controversy. The findings of fact by the court
below are presumed to be correct, and the
burden is on the appellant to assign and show
error. Seip v. Wright, 173 N. C. 14, 91 S. BL
359.
For the reasons given, the judgment of the
court below must be affirmed.
pam
206 N. C. 443
STATE v. STEFANOFF et al.
No. (83.
Supreme Court of North Carolina.
May 2, 1934.
1. Criminal law €=517(1). ;
Voluntary confession, but not involun-
tary confession, is admissible in evidence
against one making it.
2. Criminal law €=519(1).
Confession is “voluntary” in law when
it was in fact voluntarily made.
[Ed. Note.—For other definitions of
“Voluntary,” see Words & Phrases.]
3. Criminal law €=519(3).
Where court found that there was no du-
ress, threat, or inducement, in obtaining con-
fession, fact that defendants were under ar-
rest, at time confessions were made, does not
ipso facto render confessions incompetent.
4. Criminal law G1 158(4).
Determination of question whether con-
fession was voluntarily made and is compe-
tent as evidence is matter for trial judge.
5. Criminal law €=452(2).
Nenexpert who has observed another,
conversed and had dealings with him, and
reasonable opportunity of forming opinion,
satisfactory to himself, relative to mental
condition of such person, may give opinion
upon his mental capacity.
6. Homicide €=29.
Where conspiracy was formed to rob
bank, and, in course of attempted perpetra-
tion of robbery, person was shot by one of
conspirators, each and all of conspirators are
suilty of murder (C, S. § 4200).
Appeal from Superior Court, Alexander
County; Finley, Judge.
Mike Stefanoff and another were convicted
of murder in the first degree, and they appeal.
No error.
Criminal prosecution tried upon indictment
charging the defendants, Mike Stefanoff and
R. E. Black, and two others, in one count, with
conspiracy to rob the Merchants’ & Farmers’
Bank of Taylorsville, and, in a second count,
with the murder of T. C. Barnes committed in
the attempted perpetration of said robbery.
Verdict as to the two defendants on trial:
Guilty of murder in the first degree (as shown
by return to writ of certiorari).
Judgment as to each defendant on trial:
Death by electrocution.
The prisoners appeal, assigning errors.
Trivette & Holshouser, of Boone, J. F. Jor-
dan, of Wilkesboro, and F. J. McDuffie, of
North Wilkesboro, for appellants.
Dennis G. Brummitt, Atty. Gen., and A. A.
F. Seawell, Asst. Atty. Gen., for the State.
STACY, Chief Justice.
The record discloses that on Thursday, July
27, 1933, the defendants, Mike Stefanoff and
R. BE. Black, and two others not yet taken,
planned to rob the Merchants’ & Farmers’
Bank of Taylorsville. The conspiracy took
place at the home of Mike Stefanoff in North
Wilkesboro. The four conspirators drove to
Taylorsville the next day, Friday, in a Chev-
rolet sedan, looked over the situation, but
presently desisted from their purpose upon
seeing a number of policemen on the street.
They returned again the following morning,
Saturday, in the same automobile, and enter-
ed the bank, not together but one at a time,
so as to give the appearance that they were
strangers. Stefanoff asked the cashier, T.
©. Barnes, to change a quarter, and as the
latter turned to get the change, two of the
bandits presented their guns, and, in the mé-
lée and firing which ensued, they shot the
eashier to death.
[1,2] Both of the defendants, after appre-
hension and ineareeration, confessed their
part in the attempted robbery and homicide.
The admission of these confessions, made, as
they were, while the defendants were under
arrest, forms the basis of a number of ex-
ceptions. It is elementary that a voluntary
confession is admissible in evidence against
the one making it; an involuntary confession
is not. A confession is voluntary in law when
> !lor other cuses ece sume topic und KEY NUMBER in all Key Number Digests and Indexes
CICS
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ssault to murder. Rewards: Authori- alias “Chippy” Rubin, alias George E Ti , alias Buc ale. urder.
ties $50.00; Master Derecrive, $100. Age Schaeffer. Murder. Reward: Master Dz- a —— “sien — Rewards: Authorities, $50.00; Masrer ng
26; height 6 feet, 1 inch; weight, 160 TECcTIVE, $100. Hebrew; age 33; height 5 22: height, 5 feet, 5% inches: weight, 120 Detective, $100. Age, 34; height, 5 feet, oe
pounds;. slender build; black hair; brown feet, 5% inches; weight, 159 pounds; pounds; medium small build: blonde hair: 5% inches; weight, 152 pounds; red hair; “th
eyes; light brown (reddish) complexion. medium build; dark complexion; dark blue eyes; fair ruddy complexion. Wanted blue eyes; yellow skin; eyebrows very oO
Two scars left side of head; scar back of chestnut hair, medium brown eyes; occu- for bank robbery and murder If arrested scanty at outer ends; is usually armed, oO
left ear; scar back of left hand. /f arrested, pation, taxicab solicitor. Dangerous. If hold and wire H L. Mays Sheriff Taylors- use caution. Jf arrested, hold and wire
hold and wire Sheriff Frank Stoutamire, arrested, hold and wire Martin H. King, ‘ella NC . ? - Sheriff George R. Richardson, P. O. Box
Tallahassee, Florida. Supt. of Police, Boston, Mass. so org 18 10 RO 14 288, Salem, Va.
(8) 21 - 0 15 9 oxX XoU F.P.C 30 1 0
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The 100 vini emen ftom te
Iredell for the trial of the n ad
in Taylorsville assembled a awk
court house an nldea ha
Taylorsville in
aisle County. By such pet
Alexander County was save :
in mileage. .-’
a the trial, covered for the a
“mark by John preathgem an, Te
lon Little testified that heer pie
shot as well as_ Stefanoff,
had been found guilty of murder
"WCB? decomany-
1 The ‘attempted robbery of’ the
Merchants and Farmers Bank at
Taylorsville: A week’ aiter it was
reopened, the ‘Taylorsville bank
was entered by armed men. and
T. C, Barues, cashier,’ and Solon
Little, assistant cashier, were
shot. Barnes died, but Little re-
covered. Two men, R. E. Black
of High Point and Mike Steven-
old of Wilkesboro, were arrested,
tried and sentenced to death.
Two others, G. G. Green and his
@
the year before." "2.
: : “ son, James Lester Green, of High
e Point, were declared outlaws. _. 4
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attempted to hold up the recen oe 3
reopened Morcnants and Farmers ee _ Dec 651934, a Z
Bank. T. C. Barnes, cashier, was * Lester Green, due to go to the .
‘ shot and killed. when he threw hs electric chair for his part in the
, ink. bottle at one of the men. Solon killing of T. C. Barnes of Taylors. 8
Little, assistant cashier, was badly Ville during a bank hold-up, con- ae)
wounded, Quickly organized. pos- fessed his part in the Tobery of No
j ses capiured R. E. Black of Higa the bank at Denton and \absolved Oo
i Point and Mixe Stevencid of Wilkes- four young High Point men serviay . :
"boro, and Black coniessed to his Prison sentences for that hold-up, on
: part. The other two escaped in the wt ct He
woods. sth g 3
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i. Aug h, 19330 | 23
‘.G. G. Green and his son; James March 30 41934, oe
Lester Greene, implicated in the Bascom Green and his son, Les- So
Taylorsville bank robbery by the ter Green, who were to have been <
’ two men already . captured, ‘were executed on May 27 for the murder p-4 a
"declared outlaws by the Taylors- of T. C. Barnes +n gn. attempted hee
title authorities ae robbery of the Taylorsville bank, Cpe
, . were granted a stay of execution ped
while their case was before the Su- “<
preme Court. R. L. Black and Mike “ 5
: Stefanoff, who had cases before ©
4 : tt BT 1I3M on the Supreme Court, had also been -
This we adie were sentenc- ranted stays of execution. ‘ E
en . ’ ’ ‘ - Ro =
. ed to die*in the electric. chair for Sj
the murder of T. C. Barnes dur- =
ing an attempted robbert of a Tay- a
lorsville bank the summer before.
Both Lester and his father claim- »
ed that Lester was unarmed pi ay
j recommended mercy for -
Hye ee ee _, May 4, 1934.\ i
an The appeal of R. E. Black and ;
| Mike Stefanoff, convicted of the g
murder: of T, C. Barnes while al- be
tempting ‘to rob the Taylorsville
ee pank the year before, was turned a
| Dec 10, 1934, down by the Supreme Court, and
For the first time in its history | they were_sentenced to death. “<
North Carolina exacted the lives of |
three white men for one murder, |
When Bascom Greene, his sa
Lester, and his son-in-law, R. E.|
Black, died in the elect
for the killing of T. ¢. Barnes in
a hold-up of the Taylorsville bank
earlier. The state required 39 min-
utes to exact the death penalty of
the trio. The chair, in use for a’
quarter of a century, had snuffed,
out the life of 148 men.
ric chair;
ry
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*NES6T=QI-G uc (AquneD wepuexdTy) uost
278 N.C,
in the first part of the charge that defend-
ant had the burden of showing insanity or
mental irresponsibility to the satisfaction of
the jury, since the charge was required to
be taken as a whole and read contextually.
9. Criminal law €=768(1)
In prosecution for the first-degree mur-
der of defendant’s wife, closing portion of
trial court’s charge admonishing the jury
that they were called on to discharge a sol-
emn duty, “as solemn as may ever come to
you again during the course of your life”,
was not erroncous as suggesting or intimat-
ing to the jury that they were called on to
render a verdict of murder in the first de-
gree.
—_——_e——
Appeal from Superior Court, Durham
County; Clawson L. Williams, Judge.
Hubert Y. Cash was convicted of first-
degree murder, and he appeals.
No error.
Criminal prosecution tried upon indict-
ment charging the defendant with the mur-
der of his wife, Ruth Copley Cash.
Verdict: Guilty of murder in the first
degree whereof he stands indicted.
Judgment: Death by asphyxiation.
The prisoner appeals, assigning errors.
Harry McMullan, Atty. Gen., and T. W.
3ruton and G. B. Patton, Asst. Attys. Gen.,
for the State.
E. C. Brooks, Jr., of Durham, for de-
fendant.
STACY, Chief Justice.
[1] The record discloses that on the
morning of 17 September, 1940, the de-
fendant fired three shots at his wife as
she was fleeing from him, crying for help,
and he in pursuit. The shots proved fatal.
It was about 7:00 A. M. The deceased had
started to her work. She was crossing
the street in front of her house when she
first saw the defendant and began to run,
at the same time calling for help. As the
defendant gave pursuit, their little girl was
jumping up and down and_ screaming,
“Don’t let him kill my mother”. The race
continued for about 167 steps when the
first shot was fired. “She started wobbling
and as she got on the curb he fired the
second shot. ~As she was falling he fired
the third shot. * * * She never did speak,
We carricd her to the hospital and they
pronounced — her dead”. The evidence
45 SOUTH EASTERN REPORTER, 2d SERIES
shows a clear case of murder in the first
degree, and the jury has so found. State
v. Keaton, 205 N.C. 607, 172 S.E. 179.
The defendant pleaded that he was in-
sane at the time of the homicide, due to
the continued use of liquor, morphine and
other opiates, and that he had no recollec-
tion of the killing. State v. Lee, 196 N.C.
714, 146 S.E, 858. The jury rejected his
plea of insanity or mental irresponsibility.
State v. Jones, 203 N.C. 374, 166 S.E. 163.
The principal exceptions taken during
the trial are those addressed (1) to com-
ments made by the judge on the compe-
tency of evidence, (2) to the admission
and exclusion of testimony, and (3) to por-
tions of the charge.
[2] First. The remark made by the
judge to counsel for defendant in answer
to his argument directed to the competency
of certain evidence, “I am against you on
that”, amounted to no more than a ruling
upon the evidence. Such was its purpose
and intent. It is not perceived how the
remark could have been hurtful to the de-
fendant. State v. Puett, 210 N.C. 633, 188
SE, 75. There are other exceptions of
similar import, not necessary to be set
out. They fall in the same category. It
is conceded that any intimation of the pre-
siding judge, made in the presence of the
jury, that a disputed fact in the case has
been fully or sufficiently established, is
reversible error. State v. Kline, 190 N.C.
177, 129 S.E. 417. The remarks here chal-
lenged are not of such character.
[3-5] Second. Numerous exceptions
were taken to the admission and exclusion
of evidence. The defendant chiefly com-
plains in this respect that while he was in
jail specimens of his blood and urine were
taken for chemical analyses to determine
the presence or absence of alcohol and
morphine in his system. In this way, the
defendant contends, he was compelled to
give evidence against himself in violation
of the constitutional inhibition against com-
pulsory self-incrimination. Const. Art. I,
See, ‘1.
3oth sides have directed their attention
to this question in thorough fashion, but
the record. fails to disclose any compulsion
on the part of the officers in obtaining
specimens of the defendant’s bleod and
urine. The exceptions are therefore feck-
less, State v. Eccles, 205 N.C. 825, 172
SE, 415. They are not sustained, It is
the rule in tus jurisdiction that physical
> Sars, ra oR Sears
CURRIN vy.
facts discovered by witnesses on informa-
tion furnished by the defendant may be
given in evidence, even where knowledge
of such facts is obtained in a privileged
manner, State v. Garrett, 71; WC .85,-17
Am.Rep. 1 (examination by physician), by
force, State v. Graham, 74 N.C. 646, 21
Am.Rep. 493: (compelling accused to put
his shoe in track), by intimidation, duress,
etc. Factual information thus brought to
light is competent evidence, though the
declarations of the accused made at the
time, if obtained by improper influence,
are to be excluded. State v. Gatton, ‘60
Ohio App. 192, 20 N.E.2d 265.
[6,7] The defendant also complains be-
cause the State was permitted to show the
condition of the premises where ‘the de-
ceased lived; that freshly smoked cigarette
butts were found around a chair in the
woodhouse, and that a person sitting in
the chair could not have been seen from
the dwelling. It was the contention of
the State that the defendant had secreted
himself on the premises—the most logical
place being in the woodhouse—and that he
was there waiting for the deceased to come
out of the house. The defendant suddenly
appeared upon the scene just as the de-
ceased was crossing the street in front of
her house on her way to work, and began
chasing her. While it does not appear that
the assignment is an exceptive one, it would
seem that the evidence was competent as
tending to show lying in wait or premedi-
tation and deliberation. It was circum~-
stantial evidence from which the jury might
infer the fact. [For this purpose it was ad-
missible. “Circumstantial evidence is not
only a recognized and accepted instrumen-
tality in the ascertainment of truth, but it
is essential, and, when properly understood
and applied, highly satisfactory in matters
of the gravest moment”—Merrimon, C.J.,
in State v. Brackville, 106 N.C. 701, 11
S.E. 284.
{8] Third. There are several excep-
tions addressed to portions of the charge.
The defendant complains that on the issue
of insanity the court failed to declare by
what degree of proof the defendant was
required to satisfy the jury of his mental
irresponsibility. This was done in the first
part of the charge, “the burden of this
plea is upon the defendant * * * to show
it to the satisfaction of the jury”. State
vy. Jones, 191 N.C. 753, 133 S.E. 81. It
is true that thereafter in several instances
the burden of showing insanity was placed
CURRIN N.C. 279
15 8.F.2d 279
upon the defendant without stating the
requisite intensity of proof, but the charge
must be taken as a whole and read con-
textually. When thus considered, no prej-
udice has been made to appear.
(9] Finally, in closing his charge to
the jury the court admonished them: ‘You
are called upon to discharge a solemn duty,
as solemn as may ever come to you again
during the course of your life”, etc. The
defendant contends that the court here in-
advertently suggested or intimated to the
jury that they were called upon to render
a verdict of murder in the first degree. No
more so, we apprehend, than that they
were called upon to render a verdict of not
guilty if they found the defendant to be
insane at the time of the homicide. The
responsibility of which the court was here
speaking was to find the facts and to do
justly in a hard case. oN?
A careful perusal of the entire record
leaves us with the impression that the case
has been conducted in substantial conformi-
ty to the decisions on the subject and that
the validity of the trial should be sus-
tained.
No error.
w
© © KEY NUMBER SYSTEM
i
219 N.C. 815
CURRIN v. CURRIN.
No. 742.
Supreme Court of North Carolina,
June 14, 19-41.
1, Limitation of actions €= 19513)
On the issue of limitations, where the
word “seal” appeared on note after mak-
er’s signature, in the usual place, the note
was on its face a “sealed instrument” and
the maker’s admission of execution of the
note earried with it burden of showing
that maker had not adopted the seal.
See Words and Phrases,. Permanent
Edition, for all other definitions of
“Sealed Instrument”.
2. Limitation of actions C= 199(1)
In action on note which was on its face
a sealed instrument, wherein question waS
whether three-year limitation statute or ten-
year limitation statute was applicable, mak-
er who admitted execution of note failed
to sustain burden of showing that he had not
adopted the seal, so as to entitle him to sub-
mission to jury of question of applicability
2. gone Sah
Sk a A
SCE:
P45
~
rR. 2
34 THE COUNTY OF WARREN
they loved and honored, but his minor officers they despised
and flouted.
One Bute County leader seems to have felt a twinge of
conscience at all this insubordination. It was Philemon Hawkins,
thirty years ago a poor young adventurer on the shores of Shocco
Creek. He and his son, Philemon, Jr., induced some of their
friends to follow the marching militia on horseback as a troop
of mounted gentlemen volunteers. Tryon received them with
cordial welcome, perhaps hoping that by his notice he could
win Bute County back. Philemon Hawkins, as captain of the
mounted party, was made chief of the governor’s aides, and the
younger Hawkins was attached to the headquarters staff as a
courier.®
In May, Tryon’s militia approached Hillsboro and were
confronted by hosts of armed Regulators. Captain Philemon
Hawkins was sent to parley with them, and after some talk told
them in the name of the governor to disperse or the militia would
fire.
“Fire and be damned!” was the answer, and fighting broke
out. Each side lost nine killed and a number of wounded, and
Tryon’s forces swept the Regulators from the field. {Twelve
ringleaders were captured and hanged, and to some extent the
Regulator movement went underground.$) An era of compara-
tive quiet settled upon North Carolina, but angry defiance still
murmured in Bute County.
Priscilla Macon, widow of Gideon, had married James
Ransom, a man of energetic Regulator sympathies. Men like
him had begun to call themselves patriots and Sons of Liberty,
while labelling their loyalist neighbors Tories, oppressors, and
damned rascals. Ransom succeeded Osborn J effreys as sheriff in
1771, and in 1772 was himself succeeded by Jethro Sumner, a
man more outspoken against Tryon and Tryon’s officials than
Ransom or the others.
Josiah Martin, who succeeded Tryon as governor, toured the
northern counties of the province in September of 1772, and
wrote special praise of two of them: “among which [counties]
those of Granville & Bute have great preeminence, as well with
5. Haywood’s Tryon, pp. 120-21. 6. Ibid., pp. 125ff.
— _ ~
NO TORIES IN BUTE sd
respect to soil and cultivation, as the manners and conditions
of the Inhabitants, in which last respect, the difference [from
other counties] is so great that one would think them people of
another Region.”
These superiorities of behavior and substance Martin ascribed
to the number of Virginia emigrants in the two counties.? He
recognized no disloyalty to the royal tax-gatherers; but Sheriff
Jethro Sumner was obliged during the following March to pay a
fine of £50 in “forfeited recognances,” apparently advanced by
him in cases dealing with his neighbors’ refusals to pay taxes they
considered unjust.®
By 1774, Bute County leaders joined in listening to the call
from northern colonies for a “general congress” from all prov-
inces to discuss and determine united action for just treatment
by the officers of the king. Sumner was one of the strongest
upholders of the colonial argument and was so recognized by a
British traveller, John Ferdinand Dalziel Smyth, who visited Bute
County that year and later wrote his impressions of that region
and others in America.
Smyth was first entertained for some days at the plantation
home of Colonel Thomas Eaton. Eaton’s 1,500 acre estate,
once secured by his father William Eaton by payment of £30
—two and a half acres for a shilling—was now reckoned to be
worth £3,000 including all improvements, a value which im-
pressed Smyth considerably. From that home of hospitality,
Smyth journeyed to the community around the courthouse on the
banks of Shocco Creek and again voiced his admiration in
somewhat quaint language and spelling: “Their is an extreme
valuable body of rich high land that extends five miles around
Bute County court-house.” Smyth stayed at Sumner’s tavern,
then under lease to a man named Elliott, and found the food and
other accommodations excellent. He talked with Sumner and
left a pen picture of him. :
Sumner, as Smyth could see, enjoyed high popularity and
tremendous influence among his neighbors. He was forty-one
years old in 1774, “of a person lusty, rather handsome, with an
7. W. L. Saunders, IX, 349. :
8. Ibid.; for Jethro Sumner as sheriff at the time, see Warren County Will
Book I, 245. 2
"ORANGE: COUNTY—1752-1952:"
~ the Regulators. 1452 militiamen responded, of whom. 1068. were”
~ from: the: East, and the: remainder: from: Orange, Rowan.. and
a few other: western counties. Tryon:marched from New Bern to:
Hillsboro-and; on-May 16, encamped.on: Great: Alamance creek, a
- few: miles west. of Hillsboro,. where. he: was..met bya force of
about. 2000° Regulators.. The latter petitioned. the governor™ for
an audience, but he refused to communicate: with them. “as. long:
as they were-in. arms against the government.’? He gave: them
one hour to lay down their arms and disperse At the:end of the.
hour,;. he. gave the order to. fire-and after a-two-hour: battle, the
Regulators:were-defeated and scattered. Tryon’s losses were nine
killed and sixty-one wounded; the Reculators lost nine killed and.
an: undetermined number wounded. Tryon’s. terse report abeut
the battle was: ‘‘a signal and glorious victory: was obtained over
the obstinate and infatuated rebels.”
Twelve Regulators were tried for treason and. all ‘were con-
victed. Six were hanged and the rest pardoned by the governor.
Tryon offered clemency’ to ail Regulators:who would lay down
their arms and submit to authority. Within six weeks 6,409 sub-
mitted and. later received pardons from. the King through
Governor Martin. ee
Husband, Howell, and several other leaders of the Regulation
had left North Carolina before the battle of Alamance. Many
Regulators, perhaps thousands, moved to the Tennessee country
within a short time after their crushing defeat. Morgan Ed-
wards, noted Baptist preacher, traveler, and author, writing in
1772, said that these people “despaired of seeing better times and
therefore quitted the province. It is said that’1,500 families have
departed since the battle of Alamance and to my knowledge a
great-many more are only waiting to dispose of their plantations
‘n order to follow them.” Tryon and Fanning, the Reguiators’
arch enemies, had also left North Carolina for good. |
There is a vast literature on the War of the Regulation and |
the Regulators. Scores of poems, songs, articles, pamphlets. and
-bocks have either praised or damned these “simple and greatly
abused farmers.” Many myths have grown up around the move-
March, 1771; and, as-his council had= vised, called out. the-
nilitia. “with all expedition” to protect the court and to-suppress’
- ment,. its- leaders,. and the rank and. file: of Regulators. Some-
~ writers; past: and. present, have-described the Regulation as a
~ “great democratic movement.” Others havecalled Alamance. “the
; first battie of the American: Revolution.” It was not a democratic
- movement in the modern sense of that term: Its leaders: insisted
that they were not fighting fora change in the-“Formor Mode
ORs Government,” but. were- contending for~ relief from. the
- malpractices- of _judges,-sheriffs, and “mercenary tricking At-
s tornies,. Clarks, and other: little Officers;’’ who--were- usually~
= cs American-born adventurers. of English descent; and “who had
ke sniffed from afar opportunities for wealth and power in a new
ae country.”? One Regulator writer had referred to the court officals-
~~ and lawyers as “these: cursed hungry: Caterpillars,. that will eat.
_ out.the very Bowels of our’Commonwealth, if they are not pulled -
down from their Nests in a very short time.”
It is claiming too much to:maintain that Alamance-was “the
first: battle. of the American Revolution.” It was- simply the
climax of a revolt of the western people against. oppressive laws
and corrupt local officials. There was not a single British redcoat
at“Alamance creek in 1771. Nor was North Carolina the only
colony where discontented people in the back country oredhized
agitated and even fought for a redress of their grievances airacont
provincial and local officials. South Carolina, for instance, had
a. Regulation movement by the same name and at the See dirk
as. North Carolina. Its Plan of Regulation was adopted in June
1768, and the organization continued its activities for two pied
after the North Carolina movement had subsided.
: Another myth associated with the Regulation movement is
“he idea that all, or even most, of the Regulators became Tories
i es Revolution, which broke out four years after the battle
. eee An examination of the records reveals that of 883
| e known Regulators, 289 were Whigs, 34 Tories, and 560
Revolutionary status unknown. |
The Regulation movement in North Carolina collapsed in
17
| T71, but not the cause for which the Regulators had been fight-
ing, ;
i Sc aen was only a temporary defeat for a revolt against
pana political domination and maladministration in local
7 ent. The movement for justice to the back country was
people called Regulators-shouting; halooing and making’a consid-
erable tumult in the streets.” Wher court: opened, the: Regula--
tors marched. in-and took possession of all the available seats.
Then, Jeremiah Fields, acting as the Regulator spokesman for
the-occasion, informed Judge Henderson that the Regulators had
reason to. believe that they could not.obtain justice: in his court,
and hence they were determined to obtain justice by their own
means. According to Henderson’s account, all went. well for
about half an hour; most of the Regulators withdrew from the
courthouse, but within a short time bedlam~ broke: loose. John
Williams, local attorney, was beaten as he-attempted to enter
the building. Fanning was.chased, and when he hid behind the
judge’s bench, he was dragged forth and pummeled through the
streets in a vigorous manner. Both Williams and Fanning finally
escaped by running into a store. Henderson, fearing for his own
safety, left for his home in Granville county, leaving “poor
Colonel Fanning and the little Borough in a wretched situation.”
The-next day, the Regulators took over the deserted court and
tried their own cases, with Fields acting as clerk. The Regulator
entries made on the court docket were bitter, sarcastic, and
vulgar, usually ending with “plaintiff pays cost,” but with a little
profanity interspersed. The Regulators also took out their ven-
geance on Fanning by almost wrecking his house, after which
they dispersed to their homes. |
When the Assembly convened at New Bern on December 5,
=
the:-passage of laws:to meet the emergency:
and authorized the governor to suppress the Regulators by muli-
= tary: force. Professor = Bassett, writing. about. the War-of the
Regulation,.observed that. this. Assembly, “borm as it was in-
terror, it is not: surprising that it should have passed away in
blood.” (Governor Martin: was-later notified by the King and~
Privy’council that portions of this law were-“irreconcilable with
_the-principles of the constitution, full of danger in its: opera-
tion, and unfit for any part of the British Empire.’’)
Husband was expelled from this legislative session on charges
of libel and as “not being a credit to the Assembly.” But: Tryon
and the council were afraid to let Husband return to Orange and
they jailed him at New Bern on the charge ofa libellous attack
against Judge Maurice Moore. The Craven county grand jury
failed to find a true bill against him and he was released. About
this time reports reached the governor that the Regulators were
marching on New Bern to rescue Husband and to burn the town:.
Regulator reaction to the “Bloody Johnston. Act” was swift
and defiant. The organization increased in numbers and many
strong resolutions were drawn up, such as those in Rowan and
Orange, which denounced this “riotous act,’ and in which the
Regulators promised to pay no more taxes, declared Fanning an
outlaw to be’killed on sight, forbade any sessions of court and
‘hreatened to kill all lawyers and judges. The situation seemed
to be getting out of hand. |
Vea whe had already been appointed governor of New
pe , decided to take drastic and dramatic action.. He issued
ers for a special term of court to be held at Hillsboro in
&,
vie
FAA Be
"ORANGE: COUNTY=1752-1952° gear
itl 0; panic was*running “through the province.. Tryon: hastily
‘summoned his:council, which-urged him<to.use military: force”
¥ quiet: the disturbances. In. his address:to the: Assembly, the=
_ governor denounced the “seditious mob” at Hillsboro and urged
ir: a-state.of high» tension and reported uprisings, the As-
sembly, on January 15,.1771,. passed The Johnston Riot Act, .
named for: its:author, Samuel Johnston, later governor of the -
~~. state-of North: Carolina, .which provided that. prosecutions for
ae “Tots might be-tried in any county, even though the riots did not: -
=. occur there; outlawed any person resisting or avoiding arrest;
ORANGE COUNTY AND:THE WAR.OF THE REGULATION
__ Professor of History, University.of North Carolina =
The first decade-of Orange county’s history was: relatively”:
peaceful, orderly; and undramatic. People were settling alk over:
the: county, clearing the wilderness, developing-an: extensive
though: somewhat crude agriculture, and beginning: to build’ up
a few household. industries. Population increased: rapidly. The« -
number. of white.male taxables: rose-from 1108 in: 1753-to:1595° _ =
in 1757 to 2627 in 1761 to 3064 in 1765 and 3870 in L767. By the
latter date, Orange had become-the most populous county im the. : a
colony, and its rate of population increase during:the first two- : Eph
decades surpassed that of any similar period in-its whole-history:
Within. a few years after settlement began; churches were.
established and: there- was talk of a. “seminary of education.” A.
law of 1755 ordered the laying out of a road “from Orange
courthouse to the Cape Fear,” but the-provisions of this law were
not carried out immediately. Meanwhile the Orange farmers:
were constructing crude roads throughout the county. Some:
vears. later, Governor Josiah Martin said that the roads in- this:
area were “the most wretched he had ever seen,” and that. the-
region west of Hillsboro-was “the most broken difficult. and
rough country I have ever seen.” But there were signs of im-
provements in economic and social life. Several Scots began to do
business insthe county in the 1760’s and thus “changed the state
of things for the better.” The Glasgow firm of Buchanan, Hastie’
and Company operated a store in the county—as well as at many”
other places in North Carolina—and the Wilmington firm-of.
Hogg and Campbell had business conections in Hillsboro, which:
was rapidly becoming the political, social, and economic center
of the whole back country. In 1764 the county seat contained
“only thirty or forty inhabitants,” but a few years later it was
enjoying “a good share of commerce for an inland town,” and
was “in a very promising state of improvement.”
ee
—-
All of Orange-county. lay within the Granville
a, BES es
d
é the: title to’ the-lands..thus:- granted..The: hatred of. the Orange
3 closed from:1766 to 17 73. This-fact may explain why the Regula-.
- tor documents contained few references: to the Jand system.
The peaceful and happy conditi
| af r 1763 and for the next ten
_iun_the. East-West sectional
North Carolina history for th
: Revolution. As: Hermon (Herman, Harmon)’ Husband best
ers and writers, said in his im-
on of Orange changed rapidly
years the county was the leader
ascribed to have arisen, but Gran-
ax were deeply engaged in the .
=o quarrel many years before Orange.” —
--~.- The land problem was a
<> Whole back
& largely
and Quaker: its small farm economy
Ithough plantation slavery wag develop-
2 Presbyterian, Baptist,
_ €mphasized free labor, a
n 1770): “In Orange county the —
; quit: rents:in this-district:were-twice as: high as: od cndien a
half of Ne orth Carolina;..where® rents:.were= paid..to the» royal. os
governor. Granville’s: agents, notably Francis Corbin and Dr. 2
_ Thomas-Child were-accused: by: Orange farmers of ineniyrn buses: ge
_ ie granting™ lands.-.These» men’ and. their subordinates. were-.
sf charged: with taking: excessive: fees; and there-can be noxdoubt:- ise
: ef the:accuracy: of:these-complaints.. No accurate rent: or-colléc-~-
tion records: were kept;, and sometimes:the same tract. of land-was a2
gTanted: to-two-or even: three-different> parties-and fees: werd <2
charged foreach: entry, - followed: naturally. by litigation: overs
*TLLT *6T eume uo **9 *N SoatogsTIT H 4 posure fsuOavINOga 9 ia
SAVE WOMAN burned, Wayne County, N. CG, July 13, 1805; TWO SLAVE MEN, hanged, Wayne
County, N. G, July 17, 1805,
"A eircumstance happened in the summer of 1805 which may not be uniteresting to som,
A respec&able Gentleman of the name of Jernegan died, one of his negroes was suspected
of having poisttned him, she was tried, found Guilty and Executed, In the Course of her
trial a number of others was implicated, all of whom were arrested and tried the Court
Continued to skt for 15, days the people became alarmed to find so many implicated and
to find that so many attempts had been made to take the lives of the innocent by poison,
some were of opinion that a Combination was formed by the negroes to destroy the whole
of the white people Beginning with the most Vonspicuous Characters first; In the course
of the trials and examimtions a number of Snake & Scorpion heads was found in possess-
ion of nekores and great quantity of Roots which done great violence to the immagenation
of the Vredulous, and afflicted them with with immaginary pains, - The result was that #
Four of the negroes were executed several Banished and a great number severely punished,'!"
Footnote: "A Waynesborough correspondent of the RALEIGH REGISTER wrote two letters dated
July 15 and July 30, describing this exciting incident. 'I take the liberty, from a
sense of the danger which the whitepeople of this State are in, to communicate to you one
of themost shocking plots by the Blacks imaginableseeWe have been engaged in this county
in the trying of Negroes for poisaning the Whites, ever since Monday last. One suffered
death at the stake (was BURNI ALIVE) on Saturday last, for poisoning her master, mistress
and two others; two more are under sehtemce of death, and are to behhanged on Wednesday
next. Thirteen are imprisoned under guard, a part of whom, from the evidence, I expect
will suffer death, and we are daily making new discoveries. ‘Some have been brought from
Sampson, others from Johnston, so that the plot appears to have been a general one, It is
said by some of the prisoners, that the head men are to be poisoned first, and the rest
are to be subdued; and after detaining a sufficient number in slavery, the balance, if
refractory, are to be put to death, We proceed this morning with the trials, and God only
knows what the event wll be, Six or eight Light Horsemen are continually on duty to
bring up charged negroes, besides a strong guard of Infantry about the prisoners, What
raised the first suspicion in this business was the death of one or two of our responsi-e
ble men,' RALEIGH REGISTER, July 22, 1805, The second ebter was as folbows: 'I sit
down to give you an account of thenegro business from the date of my last. One other new
gro was found guilty and hanged with the two I wrote you were to be hung the Wednesday
following the date of my last. One other was found guilty, was pilloried, whipped,
nailed, and his ears cut off, on the same day, ‘Some others, who wereguilty to a less
degree, were whipped and discharged; others were acquitted for the want of sufficient
evidence to onvict them, The Court then adjourned antil after the superior court at
Newbern, owing to the business of some of the parties concerned in that court, This
court met again on Thursday last, tried and acquitted one for the want of witnesses being
brought up. Nothing more was done until yesterday, when the court tried another, who is
sentenced to transportation, agreeably to act of Assembly, Our election commencing to-
morrow, the court adjourned until next day whem it is expected the other four Will be
tried, and one more, if taken; if not, he will be outlawed,' RALEIGH REGISTER, Aug, 12,
1805.00."
Pace 5
In 1974. CARPET WAS INSTALLED 4N. THE HALLS AND STAIR=
WAYS OF THE EDUCATIONAL BUILDING IN 1975, .
_THE CEMETERY
THE CEMETERY, BEING AS OLD AS THE CHURCH ITSELF,
WAS USED FOR THE SURIAL OF MANY PROMINENT PERSONS, ES=
PECIALLY DURING THE REVOLUTIONARY WAR AND Civic WAR
PER!0DSe SOME OF THE OLDEST KNOWN GRAVES ARE AS FOL-
Lows: I... JoHn NessitT, piep Novemcer 19, 1755, — AceD
50; 2@.-: JOHN BRANDON, DIED May 15, 1756, aceo 65; 3.
WittttamM BRANDON, DIED IN 1756, AGED 30; 4. JAMES GRA-
HAM, DIED Fesruary |, 1758, acep 88; 5. JOHN KNox &
JOAN GRACY KNOX, WHO DIED IN 1758 AND 1772, AND -WHOSE
“MEMORIAL STONE TELLS US THAT SEVEN OF THEIR SONS WERE
SOLOIERS IN THE AMERICAN REVOLUTION AND THAT THEY WERE
THE GREAT=GRANDPARENTS OF JAMES KNOX PoLK, PRESIDENT
OF THE UnttTep STATES; 6. THomMaS & Naomi. GILLESPIE, —
ALSO ANCESTERS OF PRESIDENT JAMES KNO POLK, WHO DIED
1N 1796, AND ABOUT WHOM-A CLIPPING 8N THE FILES OF THE
NorTH CAROLINA HISTORICAL ComMISSION IN RALEIGH . RE=
_ Ports: “Diep at 2:00 p.M. ON TUESDAY THE I5TH = 2° OF
~DecemBer, 1796, Mrs. Naomt GILLespIe, AGED 69; AND-AT
40 ofcLock THE SAME EVENING, Mr. THOMAS .~ GILLESPIE,
AGED. 76. . THEY WERE THE FIRST SETTLERS IN ROWAN CouNTY
ON THE WEST SIDE OF THE YADKIN RIVER, AND LIVED — IN
THE STRICTEST BOND OF MATRIMONIAL FRIENDSHIP FOR A
SPACE OF SI YEARS, THEIR DECENDENTS AMOUNT TO 63, OF
= WHOM SIX SONS CARRIED THEM TO THEIR PLACE OF ~ INTER=
MENT, WHERE THEY WERE DEPOSITED: IN THE SAME COFFIN.";
7. CAPTAIN WILLIAM ARMSTRONG, WHO WAS MORTALLY: WOUN=
DED AT THE BATTLE oF Ramseur's MILL IN THE — REVOLU=
TIONARY WAR AND DIED THE SAME DAY, June 21,1780, aceD
41; 8. Captatn THOMAS CowAN, WHO WAS IN. THE BATT=
LES oF KiInG's MouNTAIN, CowPeENS, AND RAmMSeuR’sS MILL,
AN ELDER IN THE CHURCH, OfED DecemBerR 4, I8I7; .- 9%.
THE HONORABLE MATTHEW LOCKE, WHO WAS A MEMBER OF THE
PROVINCIAL CONGRESS ON THREE SEPARATE OCCASIONS: ‘AND.
A MEMBER OF THE U. S. Concress FROM 1793 To 4$799, DIED
SEPTEMBER 7, 1301, aceD 71; 10. THE THREE .. PIRATE
Pace 6
STONES, TRADITION BEING THAT THREE PIRATES ESCAPED ON
THE COAST, MADE THEIR WAY INLAND, SETTLED IN ROWAN
COUNTY, SECAME FARMERS, WERE LATER RECOGNIZED, CON]
VICTED AND EXECUTED AND THEIR BURIAL IN THE CEMETERY
WAS PERMITTED ONLY IF THE SKULL AND CROSSBONES, OR
JUST THE CROSSBOHES, WERE USED ON THE GRAVESTONES.
THE MEMORIAL ASSOCIATION
tn 1958, A LEGACY LEFT IN THE WILL oF Mr. Ew He
HARRISON IH THE AMOUNT oF $10,000 ESTABLESHED THE
THYATIRA MEMoRIAL ASSOCIATION. OTHER LARGE GIFTS HAVE
BEEN ADDED FROM TIME TO TIME BY INTERESTED FRIENDS.
THE THYATIRA MEtiORIAL ASSOCIATION WAS FORIIED BECAUSE
OF THE HISTORICAL VALUE OF THE CHURCH CEMETERY AND
GROUNDS. IT WAS ALSO FELT THAT A SPECIAL ORGANIZA=
TION COULD SETTER PROVIDE FOR THE CARE AND UPKEEP oF
THIS PROPERTY ANO PRESERVE HISTORICAL RECORDS.
THE ASSOCIATION PROVIDED THAT CONTRIBUTIONS MAY
BE MADE TO BOTH AN ENDOWMENT FUND AND A CARE AND UP=
KEEP FUND. As oF 1974, THERE IS A BALANCE ON HAND OF
$4,083.86 11 THE CARE AND Upkeep OF THE GROUNDS FuND
AND IN THE ENDOWMENT Funo THERE Is $31,979.36. IN
ADDITION THERE ARE 25 SHARES oF R, J. REYNOLDS, 75
SHARES OF CHINA Grove Cotton Mitt, AND 200 SHARES OF
Duxe PowER sTock.
SOME OF THE IMPROVEMENTS IN THE CEMETERY AND ON
THE CHURCH GROUNDS ARE AS FOLLOWS: CEMETERY COMPLETE
LY FREED OF WEEDS AND UNDERGROWTH, OLD GRAVE MARKERS
STRAIGHTENED AND SET IN CEMENT, CEMENT WALKS LAID ON
WEST SIDE OF CEHETERY AND THROUGHOUT THE NEW CEMETERY,
PUBLICATION OF A SOOK WHICH GIVES THE INSCRIPTIONS OF
ALL THE STONES IN THE CEMETERY FROM 1{755-!1966. A
MEMORSAL ROOM HAS BEEN ESTABLISHED AND PROVIOED WITH
CABINETS AND CARPET. IN FRONT OF THE SANCTUARY, BOX=
WOODS HAVE BEEN PLANTED. THE CHURCH AND CEMETERY
ROADS HAVE BEEN PAVED. ExttT COLUMNS HAVE SEEN ERECTED
BESIDE THE CEMETERY ROADe THE ASSOCIATION CONTINUES
TO REPLACE OLD TOMBSTONES AS THEY ARE BROKEN.
.
George and Elizabeth had 6 sons and Nathan and Sarah were
blessed with 7 daughters. Wedding bells rang out four
times for marriage between the Glascock sons and Bullock
daughters. The children from these marriages were double
cousins.
I have had many thrilling experiences in my search for
lost relatives....four are occasions I will long remember.
The first was here at home when it suddenly occured to me
that Rosannah Dobbin and Richard Graham, Jr had to be my
Q-9-g grandparents, which proved to be true. The 2nd was a
trip to Tennessee, there I traveled over the road where my
g-grandfathers, Glascock and Bullock were appointed by the
court in 1839 "to lay off and mark a road from Farmington
to the Bedford county line." I stood at the site of the
Cumberland Presbyterian Church where my Shipp ancesters
were members, then on into the Mt Lebannon area, rich in
Glascock history, then to the site of the "Battle of Stones
River." Next we went to Franklin in Williamson County and
to the courthouse where my g-g grandfather George and
Elizabeth Graham Glascock received their marriage license
and where he was involved in a trial (1807-1812). The 3rd
was when we drove into Albemarle County, Virginia. Upon
reaching Charlottesville, I knew we were on hollowed = ground
for our Rippeto’s came from this area of the Blue Ridge
Mountains. I knew when I entered the old courthouse that I
was walking in the footseps of my g-g grandfather, William
Rippeto, who had come here as a young man to get his
marriage license. Eleven or twelve miles north of
Charlottesville, we found Piney Mountain where our
Rippeto’s had lived on top and both sides of this mountain.
The 4th...after touring Virginia we headed south ‘from
Richmond to Salisbury, North Carolina. By mid afternoon we
came to the Yadkin River....my heart skipped a beat for
this was the stomping grounds of our Dobbins, Graham and
Glascock ancestors. In a few minutes we were in Salisbury
and the library with its famous "McCubbin papers" and the
courthouse where these three lines recorded their wills.
The following morning we went to the renowned Thyatira
Church and Cemetery, a stones throw from the original homes
of my 9Q-g-g-g-grandfathers, James Dobbin and Richard
Graham, Sr. They worshiped together in this congregation
and were active in the building of the first church.
Richard, Sr. is buried in the adjoining cemetery. The
Glascocks were not affiliated with this church. They lived
across the Yadkin River from the Dobbin and Graham
families, however, all three families lived in Rowan
County. I didn’t know it then, but I found proof later that
Richard Graham, Jr had served in the Rev. War and during
that war was living eleven miles from Salisbury. Being at
all these places was a moving experience for me. My mind
was filled with wonder and I marveled at how swiftly time
passes. As I stood at the grave of my great, great, great,
great grandfather, Richard Graham, Sr and read the
inscription on his tombstone, “Here lies the body of
wily oe
roi
FOUR SLAVES, executed for murder of master, Henry Ormond, Beaufort Co., NC, 17796
"New Bern, Ne Ce, AUge 3, 1770 - A few weeks ago, we published an account from Beaufort
County of the murder of Mr, Henry Ormond by his own slaves; since which we have received
a true account of that tragical affair, which has been discovered by the confession of one
of the slaves in that conspiracy, Five ot them conspired against their master, and on the
Sunday night he was said to have rode from home in quest of one of his slaves who was mis-
sing, the conspirators, after their master was abed went up to his room, and with an hand-
kerghief attempted to strangte whim, which they thought they had effected, but in a little
time after they had left him, he recovered, and began to stir, on hearing which they went
up again and told him he must dies and that bef6re they left his room, He begged very
earnestly for his life, but one of them, his house wench, told him it was in vain, that as
he had no mercy on them, he could expect none himself, and immediately therw him between
two feather beds, and all got on him till he was stiffled to death, They (the next two
or three lines are missing because the paper was cut off at the bottom) the horse off,
Next day he was found as has been before K#KHAXHAY related. The slaves had been tried,
two wenches executed, and one burnt at a stake, One made his escape and is not yet taken;
the other, who made the confession, is saved." VIRGINIA GAZETTE, W lliamsburg, Vaey Sept.
6, 1770.
The following from Reports of the Odmmittee of Public Claims, New Bern, Dec. ll, 1770:
"Alderson Elleson, Sheriff of Beaufort County, was allowed his claim of eight pounds for
his trouble and expense in executing four negroes for the murder of Henry Ormond, as per
account filéde..Mr. Wyriot Ormond, of Beaufort County, was allowed his claim of two hundreed
and thirty-five pounds for four negroes executed for the murder of Henry Ormond, and val-
ued to that sum, as per certificate filed." STATE RECORDS OF NORTH CAROLINA, MISSELLANEOUS :
Volume 223; Goldsboro: Nash Brothers, Printers and Binders, 1907, pp 856-57
La Mil te i cB mn
demote rrr
412. N.C.
—and only when—it was in fact voluntarily
made. State v. Jones, 203 N. C. 374, 166 S.
KE. 1638.
[3] Where there is no duress, threat, or jin-
duccment, and the court found there was none
here, the fact that the defendants were under
urrest at the time the confessions were made
does not ipso facto render them incompetent.
State y. Newsome, 195 N. C. 552, 143 8S. E. 187;
State v. Drakeford, 162 N. C. 667, 78 8. E.
208. “Weare not aware of any decision which
holds a confession, otherwise voluntary, inad-
inissible because of the number of officers pres-
ent at the time it was made; nor has the diti-
gence of counsel discovered any.” State v.
Gray, 192 N. C. 594, 135 S. E. 535.
[4] The competency of the confessions was
a matter for the judge. State v. Whitener, 191
N. G. 659, 132 S. E. 603, He ruled them ad-
missible. No error in this respect has been
made to appear on the record.
{5] The defendant Mike Stefanoff interpos-
cd the further defense of mental irrespousibil-
itv or insanity. State v. Keaton, 205 N. C.
7, 172 S. B. 179. He offered evidence tend-
ing to show that he is suffering from demen-
tia priecox, but the jury found against him
on this plea, State v. Jones, supra. His ob-
jections that nonexperts were allowed to ex-
press opinions upon his sanity, or ability to
know the difference between right and wrong,
are not well founded. State v. Keaton, supra ;
State vy. Jones, supra; State v. Hauser, 202
N. C. 738, 164 8S. FE. 114. Any one who has
observed another, or conversed with him, or
had dealings with him, and a reasonable op-
portunity, based thereon, of forming an opin-
ion, satisfactory to himself, relative to the
mental condition of such person, is permitted
to give his opinion in evidence upon the issue
of mental capacity, though the witness be not
au psychiatrist or expert in mental diseases.
State v. Keaton, supra. “One not an expert
may give an opinion, founded upon obserya-
tion, that a certain person is sane or insane,”
Whitaker y. Hamilton, 126 N. C. 465, 385 8.
FE. 815, 816.
(6] The case was tried upon the theory that
if a conspiracy were formed to rob the bank,
and a murder committed by any one or more
of the conspirators in the attempted perpetra-
tion of the robbery, each and all of them
would be guilty of the murder, This is a
correct principle of law. State v. Bell, 205 N.
C, 225,171 S. BE. 50, It is provided by © 8. §
4200 that a murder “which shall be committed
in the perpetration or attempt to perpetrate
174 SOUTH EASTERN REPORTER
any * * * robbery, burglary or other fel-
ony, shall be deemed to be murder in the first
degree.” State v. Donnell, 202 N. C. 782, 164
S.-E. 352; State vy. Miller, 197 N. C. 445, 149
S. E. 590; State vy. Logan, 161 N. C. 235, 76
S. E. 1. There was no evidence of a lesser
degree of homicide. State vy. Spivey, 151 N. C.
676, 65 S. 1. 995.
A searching investigation of the record
leaves us with the impression that it is free
from reversible error. ‘The verdict and judg-
ment will be upheld
No error,
206 N. C. 528
FOSTER v. CITY OF CHARLOTTE.
No. 420-E.
Supreme Court of North Carolina.
May 2, 1934.
1. Municipal corporations €=816(8).
In personal injury action against city of
Charlotte whose charter requires notice of
injury to city within six months after its in-
fliction, plaintiff must allege and prove that
such notice was given to city unless she was
mentally or physically incapacitated to do
so (Priv. Laws 1911, ¢. 251, § 15).
2. Municipal corporations 821 (27).
In personal injury action against city of
Charlotte, wherein plaintiff neither alleged
nor proved that she had given notice in ac-
cordance with city charter, evidence that
plaintiff was mentally or physically incapaci-
tated to give such notice held insuflicient for
jury (Priv. Laws 1911, ¢. 251, § 15).
——__————
Appeal from Superior Court, Mecklenburg
County; Warlick, Judge.
Suit by Mrs. Etta Foster against the City
of Charlotte. From a judgment of nonsuit,
plaintiff appeals.
Affirmed.
Plaintiff brought suit for damages for per-
sonal injury alleged to have been caused by
the negligence of the defendant in failing to
maintain one of its streets in proper repair.
She alleged that on the 15th day of March,
1931, while returning from her work on
North Brevard Street, in attempting to cross
Seventeenth Street on boards placed over an
excavation, she was thrown into the excava-
G=For other cases see saine tupic and KEY NUMBER in all Key Number Digests and Indexes
wR?
‘es .
REAVES y. CATAWRA MFG. & ELECTRIC POWER CO. N.C. 413
174 8.E.
tion and injured by reason of the negligent
placing and defective condition of the boards.
The charter of the city of Charlotte con-
tains the following provision: “No action
for damages against said city of any charac-
ter whutever, to either person or property,
shall be instituted against said city unless
within six months after the happening or in-
fliction of the injury complained of, the com-
plainant, his exeentors or administrators,
shall have given notice to the board of alder-
men of said city of such injury in writing,
stating in such notice the date and placé of
happening or infliction of such injury, the
manner of such infliction, the character of
the injury, and the amount of damages claim-
ed therefor, but this shall not prevent any
time of limitation prescribed by law from
commencing to run at the date of happening
or infliction of such injury or in any manner
interfere with its running.” Priv. Laws 1911,
e. 251, § 15.
The summons was issued and the action
begun on the 14th day of October, 1932. At
the close of the plaintiff's evidence the court
dismissed the action as in ease of nonsuit,
and the plaintiff excepted and appealed.
W. M. Ilood and J. I. Meyer, both of Char-
lotte. for appellant.
Pridges & Orr and J. Edward Stukes, all of
Charlotte, for appellee.
PER CURIAM.
{1] There are a number of decisions of
this court to the effect that compliance with
charter provisions similar to those above set
out is a condition precedent to the institution
of en action against a municipal corpora-
tion for the recovery of damages; the object
of the provision being to give the munict-
pal authorities timely opportunity to investi-
grate claims while the evidence may be pro-
cured and preserved and to prevent fraud
and imposition. Cresler v. Asheville, 134 N.
C. 311, 46 S. I. 738; Pender vy. Salisbury,
160 N.C. 365, 76S. 1. 228; Tartsell v. Ashe-
ville, 164 N. C. 193, SO S. E. 226. Both al-
legation and proof of notice are necessary.
Pender y. Salisbury, supra. The plaintiff
neither alleged nor proved that she had giv-
en the required notice.
[2] There is an exeeption to the rule if the
claimant has been mentally or physically in-
capacitated to comply with the provisions of
the charter. Terrell vy. Washington, 158 N.
C. 282, 73 S. KE. 888. It is obvious in the
Present case that the plaintiff was not pre-
vented from presenting her claim by reason
of mental or physical incapacity between the
time of the alleged injury and the institu-
tion of her action. There is evidence that
her mental and physical condition was good,
and she testified that she had declined to
bring suit earlier because .it would “have
been of no use to sue if she recovered right
away.” Meantime she was not confined -to
her bed and had occasion from time to time
to leave her home and consult with her phy-
sicians. In Hartsell v. Asheville, 166 N. C.
633, 82 S. FP. 946, it was said all that is‘ nec-
essary is that there should be reasonable
opportunity within the period intervening be-
tween the injury and the institution of the
action in which the plaintiff would be able
to give the required notice.
Affirmed.
ChmaeD
206 N. C. 523
REAVES v. CATAWBA MFG. & ELECTRIC
POWER CO.
No. 420F.
Supreme Court of North Carolina,
May 2, 1984.
!. Master and servant G=88(5).
One voluntarily assisting servant at lat-
ter’s request does not generally become servy-
ant of master, but assumes all risks of his
service and is entitled only to protection due
trespasser. unless such servant had express
or implied authority to employ assistant, as
in case of unforeseen emergency necessitat-
ing assistance. ‘
2. Master and servant €=88(5).
Emergency, impliedly authorizing serv-
ant to employ assistant, must be sudden, un-
expected, and such as renders it impossible
for servant to do work himself.
3. Master and servant C284(2).
Existence of emergency, impliedly au-
thorizing servant to employ assistant, is ordi-
narily fact question for jury, but court can
say whether evidence is suflicient to support
finding that emergency existed.
4. Master and servant ©=88(5).
Corporation building house held not lia-
ble for injuries to boy falling therefrom while
climbing to hand carpenter at latter's request
hammer dropped by him; there being no un-
foreseen emergency authorizing such request.
>For other cases sce same topic and KEY NUMBER in all Key Number Digests and Indexes
Aiea ap AB TAFE en Ria SE ORL FETE PAROS
ur
VMIVENS
1b enn RP ES RANA aE ES i oie
1 OP 8 ARETE i Pils AEN Migs Bede
emerge.:
~ ond centered around the: domination. of the-provincial govern-
~ ment by the:Eastern-planter~ ‘aristocracy. All-other problems—-.
land; religion; trade; and local government—were: related to this:
_ question and:could not be solved until Orange:and other. western:
_ counties had more equitable~ ‘representation: 4in®the: legislative, tee
executive, and: judicial: branches of the: government...
In colonial: North Carolina, the. county was the: Sanit ok rence
nen tail! in the legislature. and: there were: more-counties in:
the East than. in the: rapidly growing. back. eountry, Since-coun-~
- tiés were: created by’ the General- Assembly; this situation. was
- Tikely:to continues As. population. inereased rapidlyin the-Pied-
- mont; the: Eastern dominated legislature created: more: -counties -
in the West; but it also created additional. counties in the Eastin:
order to guarantee Eastern dominance. Most of the counties had.
two representatives-in the legislature, but the older: counties: of
Pasquotank,. Chowan, Currituck, Perquimans, and Tyrrell had...
five each—a. total of 25 members; while: Orange county, which
by 1766 had-more “white male taxables” than-all five of these
counties-combined, had only two. Even:on the basis of total tax-
ables* (whites and Negroes) Orange had more than one-half the
_ population of these five counties. This was perhaps the: most
glaring illustration of inequitable representation in all North
Carolina history.
The East likewise had complete control of other branches of
the provincial government. From 1765 to 1771—the “Regulator
neriod’—the Governor, the Treasurer, the Speaker of the House,
and all the councillors and judges lived there.
But the undemocratic character of local government. was the
chief cause of complaint of the Orange county farmers and of
the Regulators in general. Justices for the county court were ap-
pointed by the governor. The sheriff was appointed by the gover- —
nor from a list of three names sent him by the justices of the-
peace, who were also appointed by the governor. The register,
clerk, and all other civil officials were appointed by the governor
and council, as were the militia officers above the rank of colonel.
_ The: major ecause-ol of sectional eval sae conflict was politica ie
The-only
CEES sage ae
of what: came to: be:called the “courthouse ring’’ and the “sheriff
_andhis Bums.”
ee ‘Some: of the: local officials- were: natives of. the: county, but:
-some: were: “foreigners.” As one writer put.it: “To it: (the conn--
a ty}: scome:the merchant, the lawyer; the:tavernkeeper; the artisan,..
_ and the court officials, adventurers ail in the perennial pursuit of. :
gain’? Edmund Fanning, the most: hated man: in. Orange—and ©
- perhaps.-in- the: whole: colony—was-. a native of New York, a=.
_ graduate of. Yale, and holder-of honorary degrees from a num--
- ber.of:universities..
“member of the General Assembly, clerk: of the court, justice-of
the: peace, member of the county court, and captain of the
_. militia.
In defense of these and other officials, who became the
is targets of the Regulators, it might be observed that the
- eighteenth century concept of public office was quite different
from what it.is now. An office was then considered as a gift of
the king—or his agent, the governor—and the property right of
the officeholder. Hence one could buy and sell an office, civil or
military. Likewise, officials were paid by fees, and not salaries.
. These-fees were fixed by law but most of the people were ignor-
* -4ant.of the amounts prescribed and were suspicious that illegal
were being levied, and illegal “distraints’” being made of
eir property for non-payment of fees and other dues. Sheriffs,
_ ORANGE: CounTY—1752:1962:. ne
officials: chosen by te: qualified’ ei were. the: twou
- county: members ‘in:the: assembly; not a single-local official:was.
chosen: by. popular. vote:: The inevitable-result of this: undemocra--
‘tie system was:centralization of political power and the evolution :— |
a Multiple officeholding: was. one of the obvious and deplorable-
results of this system and a constant source of irritation to the
“>. Orange farmers. This practice was-permitted by law,. but this
= did -not.make.the-people like it.. Fanning, the great friend of
governor Tryon, and the recognized: leader of the “courthouse
. ring’ in Orange, was lawyer, Assemblyman from Orange county
: _ —and then from the borough: of Hillsboro—register of deeds,.
= judge of the court, and colonel in the militia. Francis Nash, ver-
Be haps considered a native, though he was born in Virginia, was
RICHARDSON, Josiah, SAUNDERS, Edward & SWANNES,
John
Blacks, all nanged at Gatesville, NC, for bur-
glary on December J , 1885.
1886 undated Chicago TRIBUNE, containing 1885
execution listings and sent by Dr. James L,
Massey, U. of Ga. Soc. Dept.
New Jork Herald lb b/ $F 3b WY) $F bli
of Willey 4 Cope CSTt § Country Sore. The Tithe Was “boy
jh Cash’ and $1X GUMS:
Crone ol them madedublee conlessdin. “Poa
reporter Tor Gee denied his guilt. Howard
valied many up to speak to him ofd said he
Was perfectly conscions of the fate chat await-
ed tii, and asked of a neighbor that he would
seo that his wife and family did not suifer.
dhe arms and legs of the men were then
bound fast, the black ¢ip put on, aud at halt
past one the trap upon which they jztood fell
j; and the tiivee men were launched into eterni-
Ys. au twenty minutes they were pronounced
dead and their bodies were cut down and
given to their friends. Thus ended i gloonry
day for these who bad a heart to fee".
eee
Tue Triyte JExeeurion.—Ou Friday
Aug. 7th, in obedience to the sentence pro-
rounced, Joseph Howard, white, Thomas
{see and Thomas McNeill, (col’d) paid the
extreme penalty of the law. The prisoners
were conducted from the jail at 12 o'clock by
the Sheriff, guarded by tho Fayetteville In-
dependent Company, the Lafayette Light
Infantry and the mounted deputies of the
sheriff. The processiun (ap immenspa one)
preceeded up Rowau sireept to Hillsboro street,
thence duwn Hlillsboyo ta Mims pond, the
place of execution, here on an elevated spot
in au old Geld filled with pines, the gallows
had been erected, and so grranged that by
tonching a& epring all three should fall at
once. The crowd to view the scene wae
variously estimated at frum five to six thou-
rand, composed of white aud black, men,
women and children. They caine from all
parts of the country, After the prisoners
were placed upon the scalfold, attended by
the Rev. J. C. Huske, D. D., and the Rev.
H.S. McDuffie, col’d, of the Episcopal church.
Dr. Huske made a few appropriate and touch-
jug remarks, and the Rev. H.S. McDuflie
offered prayere for the comfort of the doomed
mien. "Phe Sheriff then told the condemned
menthat they now had an opportunity to
epenk of themselves orto their friends, byt |
- Awful Murder! —We are pained to learn
that rm Allen, DeGraffenreid of Chester
District, 8. C., wae murdered in his own
house on the night of the 12th sutt., by
some persom: or persons unkoown; shot
through the head. and his brains beat out,
aod robbed of a large sum of monty, eup-
on from four to eight and dollars.
ere had been ‘no time for material inves-
tigation whea the person who brought the
oews left the neighborhood.—Carolinian.
THREE SLAVES
"Baltimore, MD, SUN, Aug. 20, 18h (3,:1):
Three negroes executed at Chattersville (7?)
South Carolina, on July 26, 18), for the mur-
der of Mr. DeGraffenreid," Sent by Hearn.
< — The Egeheld Advertiser
SRA FY FP 2
OF
NORTH CAROLINA
From 1584 to 1851
de
Cenr
fe
suey
COMPILED FROM ORIGINAL RECORDS, OFFICIAL DOCUMENTS.
AND TRADITIONAL STATEMENTS. ‘.
pa
WITH cE
on
S
BIOGRAPHICAL SKETCHES OF HER DISTINGUISHED 8
STATESMEN, JURISTS, LAWYERS, SOLDIERS, *
DIVINES, ETC. 8
e
La
BY =~]
Re
2
JOHN HILL WHEELER,
LATE TREASURER OF THE STATE
“Truth is stranger than Fiction.”
-- wen eeee
ILLUSTRATED WITH ENGRAVINGS.
2 VOLUMES IN 1
BALTIMORE:
REGIONAL PUBLISHING CO.
1964
OLVINDSY Xs! +-
10-18-1770. NewBemn NC. Aug. 3rd. A+tewo weeks aso wie publisResl
| an acecunt from Beauctort Courity of the
murder of Mr. Henry Ormand by hts on slaves, Since which we have re-
ceived atrue account of thet tragical affair which hes been discovered by
_ the confession of one of the staves inthe Conspiracy. Five of them
conspired st their master’ & on the Sunday nist he was said tv have
Rode Fram the house in quest of oe of his slaves who was missing. -
The: conspivators after thay master was in bed, went upto his room and
witha hankercheP attempted to Strange him, which they taught the
had effected. But th a litle time aFfer they had left him, he recovered
and began to stir, on hearing which they went up again and told him he
must die and thad hefie left the room he beaged very earnestly
for his life. One of them, his house wench, told hin itwas in vain,
thet as he had no mercy an them, he could expect none himself, and
immedtately threw hin between two featherbeds and al\ got on him till
he was Str led to death. They then aot his ridihg horse, laid the body
across, and led him out to the road, tied his foot to the stirup and set
the horse of f. Next day he wes found as has been before related. The
slaves have beentried, TWO WENCHES EXECUTED ‘and me BURNT AT
A STAKE , one made his estape and oe is not yet taken. The other who
made the confessim is Saved. “YS KE Ra ONES S
CARTER, Matilda, HAYS, Joe, and SCALES, Hldridge, all black, hanged at Wentworth, N, C.,
on January 13, 1882,
",.eMurders were somewhat rare in thosedays, too; so when Tildy Carter, colored, was
tried and convicted for assisting 2 men to murder her husband, Nash Carter, and the day
for her hanging arrived (a mddy, bleak Friday), there were throngs to witness the grue-
some sight. A very handsome escort for the execution party was a company of soldiers,
dressed in grey, from Leaksville, N. C. The central figure of this scene was Tildy in
her shroud, seated on her coffin, riding through the street in a carry=all out to the
gallows, which was near the county home, a mile from the jail. After the unhappy affair
was over, a relative claimed her body and carried it back home near Madison for burial,
But night overtaking him at Settle's Bridge, on Dan River, he spent the lonely hours
there on the old bridge,"
"Old Wentworth Sketches," by Alberta Ratliffe Craig; THE NORTH CAROLINA HISTORICAL RE
VIEW, Vol, XI, Number 3, July, 1933; pp 201-202,
CARTER, Matilda (Female), HAYS, Joe, and SCAIES, Eldridge, blacks, hanged at Wentworth,
North Carolina, on 1-13-1882,
‘Wor dowsthe Ale 7 l6g2- Clanx. de Hepes and _
WMeatilda. ee hie Se -
sie forthe Murder ooh Carter
ace 2 uiles | ee
In liiase.. + dete
| f » Ane | Lipo
1S rural v Se re Rees
—toith Mak Ida, Une _- Deals =" ay orca: Ls!
likes : Dae Na? Hac praia Jey tb. Ale racks
Curette’ ol ah. hs Cris LAAA aba iscattlishse Le NEGO.
~r0d hoc wmrelcer wt to Motdd uns a Gmamew ave
5 Fe UCT E RST Usha nnn Lith walilda o hung
“| Greund tnran, wiebtiuade Keak tad). Moy ty fet Oartin ga
woke dani bry Meatifdla.: lthatisthas fads hase hagas nace nl
ag ; a re
Hehe Odo tuvalak, Cangit oy 67 Lbaed cud pened out of
Re decs, wu ed (Lerpe Ln “fous ¥ bacokct SBv ho Das iy
Ans anech CTs ts fest CLither aul trot femdey Doct toe
Pm Duthya dbanlk Ohad velalin Linge UA shel Aut A OO cies
: ar eees a stay ed farang NY aad Cakes tarcaig ae
pets UL [V Ja Hic ke urate bo CrhcssaTd Dee rege | ag
= Teer ue ee ne ely Ia el
a Pumsed - + bat Val della rth b, pipe ale 0b Yael
4 oe. |
“toed to Wand Le fLyt J Catite heoReh apse :
Mamie a, ang . Mattela AL Y [9 Wrmartzs, ae
LONE Sea ee
Bgne to a ea e
976- NIG.
cluded that “the remaindermen should in
equity be required to bear some portion of
the expenses of said permanent improve-
ments to their property and that the amount
which is now proposed shall be placed as
a lien upon their farm property in the sum
of $20,900 is adjudged to be a sum that is
not in excess of that which is fair and
equitable and is a fair and equitable amount
for said remaindermen to pay.”
Whereupon the Court entered judgment
authorizing and directing the guardian of
the infant defendants and the guardian ad
litem of said infant defendants and of any
unborn children of Mrs. Addie Jones Hall
to execute notes and mortgage, with the
life tenant and her husband, and Madeline
Elaine Hall, the sui juris daughter of the
_ plaintiffs, to the Federal Land Bank, upon
the farm lands; and adjudging that such
mortgage will bind “every and all interest,
or interests, ‘right or title, vested or con-
tingent, in such lands to such an extent as
to give the purchaser, purchasers, at any
foreclosure sale, under said mortgage a
good, fee simple title, free and clear of all
conditions and limitations,” and that, after
paying costs and expenses, “the remainder
of said funds shall be used to pay off and
retire the obligations referred to in para-
graph 5 of the petition,” (i. e., the $10,-
000.00 note secured by mortgage on the
town lot, and the $11,945.00 evidenced by
the unsecured notes of the plaintiffs).
To the conclusions of law and the judg-
ment entered by the judge the guardian ad
litem of the minor defendants and of the
unborn children of Mrs. Addie Jones Hall
excepted and appealed to the Supreme
Court, assigning error.
As praiseworthy and as well intentioned
as have apparently been the actions of the
plaintiffs in this case in an effort to im-
prove and conserve the property for their
children, we are constrained to hold un-
der the decisions of this court that their
contentions herein made are untenable.
All of the indebtednesses which are pro-
posed to be funded and paid by the pro-
ceeds of the loan sought to be made are
indebtednesses of the life tenant, and her
husband, except $10,000 which is now se-
cured by mortgage on the town lot. $11,-
945 of the total indebtedness of $21,945 is
evidenced by notes of the plaintiffs for
which the defendants, who are remainder-
men, or their property are in nowise re-
sponsible or liable.
15 SOUTH EASTERN REPORTER, 2d SERIES
[1-4] Improvements put on land by a
life tenant during his occupancy thereof do
not constitute a charge upon the land when
it passes to a remainderman. Merritt v.
Scott, 81 N.C. 385. A devise of lands for
life with limitation over does not entitle
the life tenant to compensation for better-
ments he has placed on the land during his
tenancy, under the equitable principle al-
lowing it, or our statute relating thereto.
Northcott v. Northcott, 175 N.C. 148, 95
S.E. 104. One who makes permanent im-
provements upon land knowing at the time
he owns only a life estate therein, may not
recover against the remaindermen a pro-
portionate part of the value of the im-
provements on the ground that they were
for the benefit, in part at least, of the re-
maindermen. Smith v. Suith, 199 N.C. 5,
153 S.E. 602. While it is true that a tenant
for life, making substantial and permanent
improvements on the lands, under facts and
circumstances affording him a well ground-
ed and reasonable belief that he owned a
fee therein, is entitled to recover for better-
ments he has thus made, Pritchard v. Will-
iams, 181 N.C. 46, 106 S.E. 144; Harriett
y. Harriett. 181 N.C. 75, 106 S.E. 221, there
is no allegation or evidence that the life
tenant in this case had any bona fide be-
lief that she owned a fee in the land in-
volved.
[5] The plaintiffs are not aided by GS
§ 1744, which makes provision for the sale
or mortgage of real estate wherein there
is a vested interest and a contingent re-
mainder over to persons not in being by a
special proceeding as therein pointed out.
The pertinent portion of this statute reads:
“The court shall, if the interest of all
parties require or would be materially en-
hanced by it, order a sale of such property
or any part thereof. * * *” Since the
defendant remaindermen in this case and
their interest in the real estate involved are
in no wise responsible or liable for as much
as fifty per centum of the indcbtednesses
which it is proposed to fund and pay, any
finding of fact or conclusion of law to the
effect that the execution of a mortgage on
the interest of the defendants in such real
estate, authority for which is sought in
this proceeding, is required or would ma-
terially enhance the interest of the de-
fendants is erroneous.
(6] The plaintiffs are likewise unaided
by the fact that Claude T. Hall as guardian
of the minor defendants has filed answer
STATE v
. CASH N.C. 277
15 S.E.2d 277
admitting the allegations of the petition
and joining in the prayer thereof. While
this may be construed as tantamount to
the filing of a petition by a guardian under
C.S., § 2180, still this statute provides that
application of the guardian upon petition
“showing that the interest of the ward
would be materially promoted by the sale
or mortgage of any part of his estate, real
or personal, * * * and the truth of the
matter alleged in the petition being as-
certained by satisfactory proof, a decree
may thereupon be made that a sale or
“mortgage be had * * *.” It does not
appear, nor can it be found “that the in-
terest of the ward would be materially
promoted” by the mortgage sought to be
authorized in this proceeding. In fact
just the opposite appears.
[7] The contention is made that the
difference in the rate of interest now being
paid, 6%, and the interest that wonld be
paid on the loan sought to be made, 242 or
3%, would materially benefit and enhance
the interest of the defendants. This does
not follow, since any savings in interest
would enure to the benefit of the life tenant
instead of to the remaindermen, the life
tenant being entitled to the usufruct. And,
besides, the estate of the defendant re-
maindermen is now liable for the interest
on only *10,000, whereas under the mort-
vage sought to be made such estate would
be liable for interest on $20,900.
The judgment of the Superior Court is
reversed,
w
o£ «EY NUMBER SYSTEM
Tr
219 N.C. 818
STATE v. CASH.
No. 726.
Supreme Court of North Carolina,
June 14, 141,
'. Homicide €=253(1)
Evidence sustained conviction of defend-
ant for the first-degree murder of his wife
by firing three shots at her as she was fice-
ing from him erying for help.
2. Criminal law C=656(3)
In murder prosecution, trial judge’s re-
mark to defendant’s counsel in answer to his
argument directed to the competency of cer-
tain evidence, “I am against you on that”,
amounted to no more than a ruling on the
evidence and was not harmful to defendant.
3. Criminal law €=393(1)
Defendant accused of murder could not
contend that the taking of-specimens of his
blood and urine for chemical analyses while
he was in jail, to determine whether alcohol
and morphine were present in his system,
amounted to compelling him to give evidence
against himself in violation of the constitu-
tional inhibition against compulsory self-in-
crimination, where record disclosed no com-
pulsion by officers in obtaining the speci-
mens. Const. art. 1, § 11.
4. Criminal law €=393(!)
Physical facts discovered by witnesses
on information furnished by the defendant
may be given in evidence in a criminal case
even where knowledge of those facts is ob-
tained in a privileged manner, by intimida-
tion, or duress.
5. Criminal law €=393(1)
Factual information furnished by de-
fendant to witnesses is competent evidence
in a criminal case even though the declara-
tions of the defendant made at the time, if
obtained by improper influence, are not com-
petent.
6. Homicide €>156(1)
In prosecution for the first-degree mur-
der of defendant’s wife, where the state con-
tended that defendant had secreted himself
on the premises and that he was there wait-
ing for his wife to come out of the house,
testimony that freshly smoked cigarette butts
were found around a chair in the woodhouse
and that a person sitting in the chair could
not have been seen from the dwelling house
was competent “circumstantial evidence”
from which the jury might infer lying in
wait or premeditation and deliberation.
See Words and Phrases, Permanent
Edition, for all other definitions of
“Circumstantial Evidence”.
7, Criminal law ©=552(1)
Circumstantial evidence {is nut only a
recognized and accepted instrumentality, but
is essential in the ascertainment of truth.
8. Criminal law C=822(9)
In murder prosecution, the trial court
did not err in failing to declare in several
instances by what degree of proof defendant
was required to satisfy the jury of his men-
tal irresponsibility, where the court declared
‘on
tc We a |
bee
ORIGINALLY PUBLISHED
PHILADELPHIA, 1851
SECOND PRINTING
NEW YORK, 1925
THIRD PRINTING
BALTIMORE, 1964
Library of Congress Catalog Card Number: 64-8758
COPYRIGHT 1964
REGIONAL PUBLISHING CO.
BALTIMORE, MARYLAND
Printed in the United States of America
PUBLISHER’S PREFACE
The publishers are happy to make available this re-
print of an important source book of North Carolina history,
originally published in 1851. A reprint of this volume was
published in 1925 in a very small edition and this is now
almost as scarce as the original volume,
The author, John Hill Wheeler, was the first native of
North Carolina to devote any considerable time to the history
of his own state. This book is also the first published work to
deal with the entire range of the history of the state and the
first to deal at any length with the period of North Carolina
history from 1780 to 1850, previous historians having con-
fined their work to cover only the Colonial and Revolutionary
periods.
This book is divided into two parts. The first deals with
the state as a whole. The second gives an historical sketch of
each county, with notices of more prominent families and
early settlers. The publication of this volume did much to
arouse historical interest both in North Carolina and the
other Southern States, resulting in the production of a great
many volumes on various aspects of Southern history.
|
a me
54 HISTORY OF NORTH CAROLINA.
thing of the kind in America. Judge Martin* says that he visited
this edifice in 1785, with General Miranda of South America,
who stated, that even in South America, a land of palaces, it
had no equal. It was dedicated to Sir William Draper, who
was said to be the author of the lines placed over the door of the »
entrance :—
“‘Rege pio, dira inimica tyrannis
Vertuti has wdes libera terra dedit.
Sint domus et dominus szclis exempla futuris
Hic artes, mores, jura legesque colant.’”’+
But its princely halls afforded but little repose to its ambitious
occupant.
Heavy expenses had been also incurred by the Governor in run-
ning the boundary line between the Cherokee Indians and the
State
Taxes were necessarily increased upon a people already impatient
of oppression, and the extortion of the officers in shape of illegal
fees, roused the free spirits of Orange, Granville, and other coun-
ties to require redress and reform.
The conduct of the crown officers, from the Governor down to the
lowest bailiff of the court, was a system of oppression, extortion,
and fraud.
In Governor Dobbs’s time, these grievances were complained of ;
and these complaints had reached the throne. The Governor was
ordered to have a list, or table of fees set up in every public office.
But, while this “‘ promise was kept to the ear, it was broken to the
hope.”
At the August session of Orange County (1766), a paper was
presented to the court by a number of persons, which was read by
the clerk. It stated ‘‘that while the sons of liberty had withstood
the lords of Parliament in behalf of true liberty, the officers under
them ought not to carry on an unjust oppression in the province;
that in order thereto, as there were many evils complained of in
the County of Orange, they ought to be redressed. If there were
none, jealousy ought to be removed from the minds of the people.”
The paper proposed that there should be a meeting of the people
in each captain’s district, appointing one or more to attend a general
meeting, on the Monday before the next court, at some suitable
place (where there should be no liquor), “to inquire whether the
freemen of the county labored under any abuse of power, and mea-
sures taken for amendment, if so.’
This was so reasonable a proposal that it was agreed to, and
Maddock’s Mill was selected and the time fixed (October 10, 1766).
The convention met at the time and place appointed, and re-
* Martin, ii. 265.
+ Translated thus: “A free and happy pcople, opposed to. cruel tyrants,
has given this edifice to virtue. May the house and its inmate, as an exam-
ple for future ages, here cultivate the arts, order, justice, and the laws.”
How complete a burlesque upon its origin, object, and tendency!
ie
“
HISTORY OF NORTH CAROLINA. +35)
solved, “that it was necessary such meetings should occur yearly, .
or oftener if necessary, for free and public discussion; that the.
representatives of the people should attend, and give an account
of the amount of taxes and manner of appropriation.’
In April 1768, they again assembled and formed themselves
into an association for regulating public grievances and abuse of
power. Hence the name given to them of Regulators. They
resolved “to pay only such taxes as were 2 agreeable to law, and ap-
plied to the purpose therein named, to pay no officer more than his
legal fees.” These men herein breathed the true spirit of liberty;
yet, by the early historians of the State, are stamped as insur cents
and factionists. Jones even denounces the head of the Regulators,
Herman Husbands, as a “turbulent and seditious character.”* If
he was, then John Ashe was, for opposing the stamp law, equally
turbulent and equally seditious. Doubtless, to minions of royalty,
his character was seditious; but time, that unerring test of prin-
ciples and truth, has proved that the spirit of liberty which animated
Husbands, was the true spirit which subsequently freed our nation
from foreign oppression. He lived on Sandy Creek, now in Randolph
County, and was an extensive landholder. He was from Pennsyl-
vania, and was raised a Quaker, and a relation of Dr. Benjamin
Franklin. Ihave examined carefully his correspondence and his
book, giving “an impartial account of the troubles of the regulation.”’
They prove that he was, although deficient in education, a man who
felt strongly, and expressed himself forcibly. Many of his neigh-
bors speak of him as a man of strict integrity, a firm advocate of
popular rights, and a determined foe to oppression and extortion.
Undeserved w rong and official oppression may have driven him to
imprudences, but the purity of his character was above suspicion.
From his pen proceeded the paper read to the court in Orange, the
resolutions of the Maddock’s Mill Convention were his; he was the
favorite of the people—for he was their representative to the
General Assembly—and when he was arrested and carried to Hills-
boro’, the whole people rose to his rescue.
Had his ultimate career been successful, or the Regulators
triumphed over Tryon at the battle of Alamance, his name would
have come down to us with the Ashes and Waddells of that day, or
the Hampdens, Sidneys, and others of a former age.
All violent diseases, in the body politic, like in the natural body,
require violent remedies. The taxes to build palaces to gratify the
vanity of an officer who possessed neither the affection of the people
or any sympathy for: their sufferings, the extortion of the clerks,
sheriffs, and others were » outrageous. Edmund Fanning, who was
from the north, was the minion of Tryon. He was the clerk of the
Court of Orange, Colonel of the county, an Attorney at law, and
the Representative i in the General Assembly: under the powerful
patronage, and the countenance of the Governor, he defied the
* Jones’ Defence, 36.
Neteeme -
NATHANIEL MACON
Private in the War of Independence, State Senator, United States Repre-
sentative, United States Senator, trustee of the University of North Caro-
lina, and Justice of the Peace for Warren County.
The
COUNTY OF WARREN
North Carolina ;
1586-1917 |
PE Oem Le Ne. Me Ny
by
MANLY WADE WELLMAN
*9 *N SOxoqSTITH *TLLI-61-9 pesuey SsazoqeTasey xTS
CHAPEL HILL
e
THE UNIVERSITY OF NORTH CAROLINA PRESS Cy
cee
@
56 HISTORY OF NORTH CAROLINA.
popular will. From a condition of poverty, he became wealthy.
Hfis manners towards the people were haughty and supercilious, and
his conduct as an officer was overbearing and extortionary. He
demanded and received fifteen dollars for a marriage license, and
charged one dollar for proving a deed.
The scarcity of money and the extreme poverty of the people,
rendered their grievances intolerable; the exactions of the other
officers caused even these enormous fees to be larger.
At the meeting in April, the Regulators had selected two persons
to call upon the sheriff and vestrymen to meet twelve deputies from
them on Tuesday, after next County Court, to show their accounts.
Before these two men could attend to this service, the sheriff
being unwilling to submit to this tribunal, or to exasperate and defy
its power, took, by way of distress, a mare, saddle, and bridle, and
carried them to Hillsboro’. He was followed by a party of sixty
or seventy men, who rescued the mare, then marching to Fanning’s
house, fired at the roof of it, giving him positive and. striking proof
that they deemed him the chief author of these troubles.
The Sheriff then took with him a party of horse, and riding about
fifty miles, seized Herman Husbands and William Hunter, and
lodged them in Hillsboro’ jail.
The Regulators assembled May, 1768, in large force, to rescue
them, but they had been released on bail.
On May 21st, the Regulators held another general meeting, and
James Hunter and Rednap Howell were appointed to wait on the
Governor with the address of the meeting. They attended, at
Newbern, in June; the Governor laid the papers before the Council,
who decided that “the grievances of which they complained
did not warrant the measures they had adopted; that, if carried
further, would amount to high treason; that the decent behaviour
of Colonel Fanning met entire approbation, and advised them to
desist from further meetings; that the Governor would readily
remove any hardships, and direct the Attorney-General to prose-
cute every officer guilty of extortion or malpractice ; and that next
month, the Governor would be at Hillsboro’, and issue a procla-
mation forbidding such dishonorable practices.”
The Governor attended at Ilillsboro’, summoned his council, and
issued the promised proclamation.
But matters became worse. An association was formed in Anson,
similar to that in Orange, and offered its aid.
They continued to meet, enlisting their men, training them to the
use of arms, believing that a conflict must sooner or later occur.
On the 11th of July, a large body of Regulators assembled. The
Governor goes to Mecklenburg, and in that and the adjacent coun-
ties, raises a large body of troops, and marches from Salisbury to
Hillsboro’. His journal is recorded in volume ii. chapter 1, Ala-
mance. No bloodshed occurred at this time.
He swore the people to maintain and defend the king’s govern-
ment “ with hands and hearts, life and goods, against all persons who
HISTORY OF NORTH CAROLINA. 5T
should attempt to obstruct the administration of the laws.” He
required that the Regulators should disperse, and that twelve of the
wealthiest of them should wait on him at Salisbur y, and give bond
that no rescue should be attempted of William Butler and Herman
‘Husbands at the next cowt in Hillsboro’, to which they had been
bound. This they declined, but assured the Governor that no de-
sign was entertained of releasing the persons bound ; they desired
him to dissolve the present Assembly, and call a new one ; ; and, if
he would permit them to come peaceably and complain. of their
grievances of the officers, and pardon the past, they would disperse,
and pay their taxes.
This occurred at September term of Hillsboro’ Superior Court, at
which a bill was found against Husbands for a riot, of which ‘he
was acquitted by the jury. Hunter and others were found guilty
and imprisoned.
Fanning was indicted at this term for extortion in six several
instances, “but protected by the presence and power of Tryon, he
plead guilty, and was fined six pence. Such a mockery of justice
was little calculated to allay the feelings of the people, redress their
grievances, or prevent a repetition of their wr ongs.
The Governor pardoned all persons engaged in this affair, except
Herman Husbands and twelve others, and returned to his palace
at Newbern.
The next year passed without any commotion in the State; but
in the beginning of the new year, 1770, the oppressions and extor-
tions of the officers greatly increased the popular excitement.
Maurice Moore, Judge of the Superior Court, found in March, the
spirit of the people of Rowan County so roused in consequence of
these exactions, that ‘‘ no civil process could be executed among the
people in that county.”
John Lea, Sheriff of Orange, in attempting to serve a warrant
on Hanson Hamilton, was attacked by John Pugh and other Regu-
lators, and beaten severely.
Simon Bryant, Sheriff of Dobbs County (since divided into Greene
and Lenoir), in endeavoring to take Thomas Blake and John Coulie,
two of the Regulators, was attacked by them, and the sheriff was
compelled to desist ; one of his assistants was killed in the skirmish.
The Superior Court of Hillsboro’ in September, was interrupted
by the Regulators, and broken up.
The record now in the office at Hillsboro’, has the following entry.
Monday, 24th September, 1770. ‘Several persons styling them-
selves Regulators, assembled together in the court yard under the
conduct of Herman Husbands, James Hunter, Rednap Howell, Wil-
liam Butler, Samuel Divinny, and many others, insulted some of
the gentlemen of the bar, and in a riotous manner went into the
court house and forcibly carried out some of the attorneys, and in
a cruel manner beat them.”
The Judge (Henderson) finding it impossible to hold court, left
Hillsboro’ in the night.
Richard Graham who deceas’d ye 13th of Feb 1779, age 63," I
tried to picture life as it was then. Three pirates were
executed and buried in this cemetery with the provision
that only skull and cross bones be allowed on their
tombstones, no names, no dates. These three graves with
their small stones with skull and crossbones are next to
Richard Graham’s grave. On one side of his grave is an
unmarked grave and I suppose his wife Agnes is buried
there, close by is his daughter, Eleanor’s grave, who
seemed to be his favorite. I wondered whether the Grahams
knew the Pirates for they lived in that area...were
respected farmers with families. They were eventually
recognized and the penalty for piracy was death.
When Richard Graham, Sr died, the Rev. War was still
being fought. The British were in Salisbury at one time
and went as far as Second Creek where Richard, Sr, owned
967 acres of land. I wondered what it was like living in
the area where numerous battles took place. I wondered
about many things. I reluctantly left Tennessee, Virginia
and North Carolina...at each place I left a little of
myself behind.
I started on this fascinating hobby in 1967, working on
all lines of my ancestors. It would be impossible to thank
everybody by name for their generous help, however the late
Mary Lou Vermillion (Tuscon, Ariz), the late Anna Mae
Stephenson (Shelbyville, TN), the late Madaline Simmons and
the late Elizabeth Boyd (both of Lewisburg, TN), and Lilly
Robertson (Shelbyville, TN), were all so very helpful.
With the encouragement of the man I lived with almost 45
years and our love of traveling made a perfect combination
for my family tree work. We combined travel with
libraries, courthouses, cemeteries, ect. Thanks.to all who
loaned pictures and memorablia for copying. Sincere thanks
to all who helped in any way.
Opal Scheidehahn, 1987
= 3—
3 Pirates hanged in North “arolina,
possibly Salisbury.
A144
Sept 28, 1987
Mr Watt Espy
P. 0. Drawer 277
Headland, AL 36345
Dear Watt,
I had a lady who did an article for my Quarterly for
this last issue which had an interesting thing in it. Her
4th great Grandfather, Richard Graham was buried at
Thyatira Cemetery in or near Salisbury (Rowan County) North
Carolina. Three pirates were buried beside her ancester
Richard Graham. They would not let them put names on their
graves only skull and crossbones. Do you have anything on
this?
It is interesting that they were buried by her ancestor
and we are wondering if they could have been relatives. MI
am enclosing copies from her article and also an article on
the church history.
Hope you can help us!
Regards,
Jo D. Glasscock
© : :
60 HISTORY OF NORTH CAROLINA.
temper, by acts of revenge, cruelty, and barbarity. He hung Cap-
tain Few the next day, without a trial, on a tree.
Tryon marched onthe 21st to Sandy Creek, where he encamped for
aweek. Crossing Deep River and Flat Swamp, the army marched
to Reedy Creek. Here being joined by General Waddell, Governor
Tryon returned on 9th June by Black Jack, Buffalo, Big Trouble-
some, in Rockingham County, and Back Creek to Hillsboro’,
which he reached on the 14th.
At a special court held for trial of the prisoners for high
treason, taken in the battle of Alamance, they were convicted
and sentenced to death. The execution of six of them was de-
layed until the king’s pleasure was known. On the 19th the others
were executed.
After this, Tryon dismissed his army and returned to Newbern
on the 24th, and on the 30th took shipping for New York, to which
colony he had been appointed Governor.
Herman Husbands, although a reward was offered for him by
Tryon, escaped. He settled in Pennsylvania, near Pittsburgh. He
returned to North Carolina after the Revolutionary War, on busi-
ness, but remained only a short time. His two sons settled on a
large tract of land on Deep River, near the Buffalo Ford. His
daughter married a man by the name of Wright.
He is stated to have been concerned in the Whisky Insurrection
of Pennsylvania, in 1794, and associated with Gallatin, Bracken-
ridge and Bradford, on a Committee of Safety. For this he was
apprehended. From the influence of his friends, among whom was
the Rev. David Caldwell, of Guilford county (who happened at this
time to be at Philadelphia), Dr. Benjamin Rush, and others, Hus-
bands was released. On his way home, he died at a tavern near
Philadelphia.
Under the head of Alamance County, in this work, many rare,
valuable and interesting documents will be found, never before pub-
lished, which place the objects, end, and intents of the Regulators
in a true color. The curious will examine carefully these records,
as they throw a flood of light upon the history of our State, which
has been obscured by misrepresentation and neglect.
They were copied under the eye of the Hon. George Bancroft,
from originals on file in London, in the Office of the Board of Trade
and Plantations. By his kindness they are here presented to the
people of the State. I feel the deep obligations that [am under
to Mr. Bancroft, and the State of North Carolina deeply feels her
obligations to him as the only historian who has done her justice.
P 4 oY
HISTORY OF NORTH CAROLINA. 61
CHAPTER IX.
From 1771 ro suty 4, 1776.
Administration of Josiah Martin, November 1771 to 1775—Last of the royal
governors in North Carolina—His life and character—Parliamentary usages
of “the olden times’—The powers of the governor—‘‘ A king, aye, every
inch a king’—Difficulties arise between the governor and the Assembly, as
to the attachment laws and appointment of judges—Courts of law closed—
First popular Assembly meets at Newbern, on the 25th of August, 1774—
John Harvey, Moderator—Names of the members—Its resolves—It adjourns
and another is called in April, 1775—Governor Martin fulminates a procla-
mation against ‘such disorder and anarchy,” March 1, 1775—The Colonial
and the Popular Assemblies meet at the same time and place—“ Passage of
arms” between the Governor and the Assembly—The Governor, in his
speech to the Colonial Assembly, denounces these meetings of the people
and particularly the unwarrantable appointment of delegates to attend a
Continental Congress, at Philadelphia, then in agitation, as highly inju-
rious and “particularly offensive to the King’”—The Assembly reply that
“the right of the people to assemble and remonstrate is not to be doubted,”
and pass resolutions ‘‘approving of the General Congress at Philadelphia,
to assemble September 4, 1774’”’—Whereupon, Governor Martin dissolves
the Assembly—The last which ever sat under the royal government in
North Carolina—Mecklenburg Declaration of Independence, May 1775—
Governor Martin retreats on board of his Majesty’s ship-of-war Cruiser, in
the Cape Fear River; and the royal government,terminates forever in North
Carolina—Provincial Congress meets at Hillsboro’, August, 1775—Troops
raised for military operations—Civil government exercised by a Provincial
Council—District Committees of Safety; and County Committees—Names
of the committee-men in each district—Battle of Moore’s Creek, in New
Hanover County, February 27, 1776—Tories defeated under Gen. McDonald
—Provincial Congress meets at Halifax, April 4th, 1776—Names of mem-
bers—Names of general, field, battalion, and county oficers—This body
instruct their delegates in the Continental Congress, in April, 1776, to vote
for Independence—Committees of Safety appointed—Adjourned on the 14th
of May, 1776—Provincial Council of Safety meets at Wilmington, on the 6th
of June, 1776—General Rutherford, of Rowan, marches with one thousand
nine hundred men, against the Overhill Cherokees (now Tennessee), reduces
them, burns their towns, and destroys their crops—Provincial Council of
Safety meets in July, at Halifax—The national Declaration of Independ-
ence reaches them while in session—Their proceedings, and some account
of the first celebration, in North Carolina, of the Declaration of Inde-
pendence.
James Haset, being the first named of the Council, on the de-
parture of Governor Tryon, qualified as Governor in July, 1771.
He soon resigned the reins of government to Josiau MARTIN, who
had been commissioned by the crown, and who arrived in North
Carolina, at Newbern, on the 11th August.
Like his predecessor, Governor Martin was by profession a sol-
dier. He had risen, in the British Army, to the rank of Major;
EY interrupted. by: the _American: revoliiiarr and: fe “aftermathi; but .
the. later» renewal of the~ East-West ‘controversy reached: its.
grand climax and victory for ries West: ‘in the Constitutional
Convention of 1835:
- CHAPTER V:
= ORANGE COUNTY IN THE ERA OF THE AMERICAN
REVOLUTION
By HucH: F. RANKIN
John: Motley Morehead: Scholar ~
University-of North: Carolina
The: year 1775 marked the beginning of an era-for: Orange:
aoe county and the-town of Hillsboro. The widening chasm between
---. Great Britain and her colonies ‘became less-of an: abstraction and
more of a reality: Here, as in the rest of North Carolina and the-
other colonies, people were beginning ‘to align themselves with
others’ who. held Similar political beliefs.. Those. who supported --
- the-authority of the King adopted the title “Tory,” while others
who were in opposition to British measures appropriated the
= namevof “Whig,” both appellatives being derived. from the politi-
pr ye>
cal. parties in England which followed, basically, the same princi-
ples... There- was also a third party, the neutrals, who withheld
an indication of their allegiance until they were able to. determine
which faction would be able to muster the greater strength.
The first definite break between the authority of the king
and the people of North Carolina occurred far from: Orange
county—in New Bern, the town then serving as colonial capital.
The first step on the road to rebellion had been taken by the
North Carolina legislature in December, 1773, when that body
had appointed a Committee of Correspondence as a means of
maintaining contact with other colonies and coordinating resist-
ance to policies of the English government. This. was followed
by the meeting of the first Provincial Congress which convened
in New Bern August 23, 1774. Thomas Hart represented Orange
county, but Hillsboro, although entitled to a seat, sent no-delegate.
~ This congress appointed delegates to the first Continental Con-
gress which was to meet in Philadephia. It also made provisions
for “fa committee of five persons to be chosen for each county.”
These Committees of Safety were to direct the training of the
POS, or ag,
glaves baited g BILLY 9 BULLY McNnILlL,
ARS . seareaiee | :
' 3 » 4 Py Ui toeait y GUMIMER and
hanged Wilmington, N. uk
C. Nov. le, 1831,
“uP rods vedins in Bice Siperbble ett A} {
Ley crop of the Ho thio Ba} ior Band
dast treek doieeil culprit charged frit ‘Conspivi-
» . cyto make insurrédtion;: were ARRAIGNED Th
~friaby-were commféneel_on Welnealy, the dav
aysigned for-the ‘Dusiness onthe State’ Docket; and |
for -ontinued ta the. cnd of the Tent. ~On Wed.
Ly, i u jury waster polelled to uy. the following y
aati to-wit, Tilly j Ripe BeGum mr, Billy and
mie The, Peter, Minge anil Cee a7, Allwere.
. ol dort oxen: Uinan’ ainnt, -whion ° po
Min aoe syne
evident Appattidg, hisconvittin » ywasTiot pressed.
The rao. SRC
REdsuiton Thure-
day | Tis Tohod TuTaS SSRN GE, “ait egened
the:n, in a: mostsclomyy, inprtsyive abd aTecting
char.se, atthe, lows of Sine he. ‘prohouacad® ‘the
sentenct of thas ourt.. "Fhe prinoher Pz ler fuint.
ed nfter hearing. rte gonitchiee:” mane oa
ie} horas, Elijah Was: put on his tril, but
it How vring'thal thd; Conttha’ ¥not jurieliction, nt
eeraicl of negy fie ‘a as tokens: ‘& the. prise norwas
. pornanded for: trial aptig Superior riot Cou re 7
-. OnE riday three Troe arn: ronsyof 10! our 3 were ttl. :
veda! as quilted, ta wit, Willy . Baldvin, ~Ardhy”
aes yor mer tid Morris. Cherig. Yas! |
. On Sarlay, Jie ad Dogme, a slaye—wan, tried:
TT Pe
JUBA
ww
an. taxioug_solicitnde, _lo _anablé& thom. to de-
ax crowded on: Weil Inesdity (0 exerzs, —anil all,
— he ontensaal the PIN rs COPE:
victed on Podnedly , Walicoramy uated to transpor. !
dati wn, - , ae
vet Tho ati mers will be executed On S: durday- the |
Ion i: natant, in. PUshancs of the senthnce of the
* Charts! Seen ae Tame re ft
A¢i,
Wi doom it proper to sites thathis Hohor Judge
SLRANGH, uriity the’ Whole or this arduous
Beeston, iTorite ‘the hhiee's rat wttiniuction to 6 very”
“ous and, denomination. 0! chizens: The Court
| who attenrled persrived) nul albosted, tliat ‘his To
nor, inhive larires - Th! toured to instruct, the jury'o
ever, ‘ toni, which required Lo he Mlistrated | wilt
formine cerréetly, on thasawfol; ‘inquest of Tile ag iT |
‘death, which was wtibmitted to them,
ye i. mor ad
BR an on ;
Thésaunerin and reiterated calls o on-tis S varith
~Tadge'e Charge. to the Prisoners, -compell ua tu!
ee
state,” that we applied for a copy; anil we pr.
pret, that! his Honor, thouglit j proper to decline the MJ
Keyuost for publications
Se 4 Of ~
Colani ration, Ww ¢ observe, with much
- . =_—
—_— —
Kida dda eeatd sau oe
$24 kA Bs?
ORK Biwad ca bs be bh Onde ML tart
120 «=O. ©.
S. F. 913. That doctrine is founded on an ex-
ception to the general rule with respect to the
liability of a landowner to trespassers, and
should be restricted and not extended. Kram-
er v. R. R,, 127 N. C. 328, 87 S. E. 468, 52 L
R. A. 359. In Briscoe v. Lighting & Power Co.,
148 N .C: 396, 62 S. E. 600, 605, 19 L. R. A. (N.
S.) 1116, it is said:
“If the exception is to be extended to this
ease, then the rule of nonliability as to tres-
passers must be abrogated as to children, and
every owner of property must, at his peril,
make his premises child-proof. If the owner
must guard an artificial pond on his premises
so as to prevent injury to children who may
be attracted to it, he must, on the same prin-
ciple guard a natural pond, ete. The courts
which have adopted the doctrine of the ‘turn-
table cases’ have uniformly held that it was
not to be extended to other structures or con-
ditions. A number of highly respectable
courts have rejected it as unsound.”
Under the decision in this case, it would
seem that a landowner is liable for injuries
¢o a child, who has gone upon his land, and
been injured thereby, as an insurer, and not
on the principles of actionable negligence as
those principles have been heretofore applied.
If such be the law, ownership of land in this
state carries a hazard which makes it danger-
ous, for it is well-nigh impossible for a land-
owner, at all times, and under all conditions,
to keep his land child-proof.
GD
207 N. C. 30
STATE v. GREEN et al.
No. 217.
Supreme Court of North Carolina.
Nov. 21, 1934.
1. Homicide 29, 142(3)
Where murder was committed by mem-
ber of conspiracy in attempted perpetration
of robbery, all of conspirators were guilty of
murder in first degree, and variance in evi-
dence on prosecution as to which conspirator
fired shot was immaterial (C. S. § 4200).
2. Criminal law 586
Where, in view of confession made by
conspirator on witness stand in prosecution
for conspiracy to rob and for murder commit-
ted in attempted perpetration of robbery, con-
177 SOUTH EASTERN REPORTER
tinuance would have availed defendants noth
ing, refusal of continuance held not error.
3. Criminal law €>622(2)
Refusal of separate trial on counts for
conspiracy to rob and for murder committed
in attempted perpetration of robbery held not
error, especially where separate trial on one
count might have precluded subsequent pros-
ecution on the other (C. S. Supp. 1924, § 4622).
4. Homicide €=312
Jury’s recommendation of mercy for de-
fendant convicted of murder in first degree
held properly disregarded as surplusage.
—_——. —_—_
Appeal from Superior Court, Alexander
County; Warlick, Judge.
Bascom G. Green and another were con-
victed of murder in the first degree, and they
appeal.
No error.
Criminal prosecution tried upon indict-
ment charging the defendants, B. G. Green
and Lester Green, and two others, in one
count, with conspiracy to rob the Merchants’
& Farmers’ Bank of Taylorsville, and, in a
second count, with the murder of T. C.
Barnes, committed in the attempted perpe-
tration of said robbery.
The state’s evidence tends to show a cn
spiracy on the part of Mike Stefanoff and B.
G. Green, and the latter’s son, Lester Green,
and son-in-law, R. E. Black, to rob the Mer-
chants’ & Farmers’ Bank of Taylorsville on
Saturday, July 29, 1933, which was attended
with fatal consequences to the cashier, T. C.
Barnes, and serious injury to the assistant
cashier, All four entered the bank, not to-
gether, but two at ‘the time, according to de-
sign, and “the shot fired by Lester Green hit
Mr. Barnes.” Barnes died the following day-
Stefanoff and Black were apprehended,
tried, and convicted (State v. Stefanoff and
Black, 206 N. C. 443, 174 S. E. 411), while
the two Greens fled the vicinity, going first
to High Point, then into a number of states,
and finally into Tennessee, where they were
arrested on February 17, 1934. Both con-
fessed while in jail.
The bill of indictment was returned at the
September term, 1933. The defendants were
arraigned on February 19, 1934, the first das
of the term, and the trial set for Wednesday,
February 21st.
Motions for continuance and change of ven
ue overruled; exception. Jury ordered fron
G2For other cases see Same topic and KEY NUMBER in all Key Number Digests and Indexes
STATE v. GREEN N.O. 42
177 5.E.
adjoining county. ©. S. § 473, as amended
by Pub. Laws 1931, ec. 308.
Defendants moved for a severance of the
two counts in the bill of indictment. Over-
ruled; exception.
The defendant B. G. Green was offered as
a witness on behalf of himself and Lester
Green, and testified in substance as follows:
We went in the bank. Black and Stefanoff
went in first, and I was right next to Black
and my boy behind me. Stefanoff walked up
to the window with a quarter or half dollar
and told Mr. Barnes (the cashier) he wanted
it changed, Mr. Barnes did like he was go-
ing to get some change and walked back.
Stefanoff commenced shooting. He must
have shot Barnes five or six times. He was
shooting with an automatic. Yes, I had a
gun. We went in to get the money. Stefan-
off was to hold up the eashier; Black was
to take care of the other man (Mr. Little, the
assistant cashier); I was to watch the front
door; Lester was to take the money. That
was agreed upon down at High Point. That
is right. Me and my son and Black and Stef-
anoff had all agreed to come up here and rob
this bank. Lester didn’t want tocome. Stef-
anoff said fifteen or sixteen thousand dollars
was coming in on Saturday and we would rob
ft on that day. That is what he said. He
said he knew all about it. Lester did not
have a gun. He was to pick up the money
and put it in a sack. Black and Stefanoff
and I were the ones that had the guns. I
shot Mr. Little because he looked like he was
going to turn to shoot my boy. We ran ov’
without getting the money. Yes, I came
back to tell the truth.
Verdict as to B. G. Green: “Guilty of mur-
der in the first degree.”
Verdict as to Lester Green: “Guilty of
murder in the first degree, and we ask the
mercy of the court.”
Judgment as to each defendant: Death by
electrocution.
The defendants appeal, assigning errors.
J. Archie Myatt, of High Point, for appel-
lants.
Dennis G. Brummitt, Atty. Gen., and A. A.
F. Seawell and T. W. Bruton, Asst. Attys.
Gen., for the State.
STACY, Chief Justice (after stating the
case).
In view of the defendant’s own testimony,
which amounts to a confession of guilt, it
177 S.E.—8%4
would seem the questions sought to be pre-
sented are academic. The evidence offered
by the state tends to show that Lester Green
fired the fatal shot, while the defendants say
Mike Stefanoff! was the actual killer. The
difference is not material on the present rec-
ord.
{!] When a conspiracy is formed, as here,
to rob a bank, and a murder is committed by
any one of the conspirators in the attempted
perpetration of the robbery, each and all of
them are guilty of the murder. State v. Stef-
anoff, 206 N. C. 448, 174 S. FH. 411; State v.
Bell, 205 N. C. 225, 171 S. E& 50. It is pro
vided by C. S. § 4200 that a murder “which
shall be committed in the perpetration or at-
tempt to perpetrate any * * * robbery,
burglary or other felony, shall be deemed to
be murder in the first degree.” State v. Sat-
terfield, 207 N. C. 118, 176 8S. E. 466; State
v. Donnell, 202 N. C. 782, 164 S. 1. 352; State
v. Miller, 197 N. C. 445, 149 S. FE. 590; State
v. Logan, 161 N. C. 235, 76 8. FE. 1. The ree-
ord discloses no evidence of a lesser degree of
homicide. State v. Spivey, 151 N. C. 676, 65
S. E. 995; State v. Ferrell, 205 N. C. 640, 172
S. E. 186; State v. Myers, 202 N, ©. 351, 162
S. E. 764.
[2] In the light of the confession made on
the witness stand, a continuance would have
availed the defendants naught. State v.
Keeter, 206 N. C. 482, 174 S. IE. 29S.) Fur-
thermore, this was a matter resting in the
sound discretion of the trial court. State y.
Whitfield, 206 N. C. 696, 175 S. E. 93.
[3] Nor was it error to refuse the defend-
ants a separate trial on each count in the
bill. C. S. Supp. 1924, § 4622; State v. Ste-
phens, 170 N. ©. 745, 87 S. EF. 131. Indeed,
the attempted robbery and murder having
arisen out of the same conspiracy, a separate
trial on one of the counts in the bill might
have precluded a subsequent prosecution on
the other. State v. Clemmons, 207 N. C. 276,
176 S. E. 760; State v. Bell, supra.
[4] The jury’s recommendation of mercy
for lester Green, evidently made in recogni-
tion of his hesitancy to enter the conspiracy,
was properly disregarded as_ surplusage.
State v. Matthews, 191 N. C. 378, 131 S. E.
743; State v. Hancock, 151 N. C. 699, 66 S. PF.
137.
No vitiating error having been made to ap-
pear, the verdict and judgment will be up
held.
No error.
a
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BUT TOZeD UVAON SpeqnoorzzoeTe fezTYM Tre § may,
1
by the Commonwealth
neluded practically every
! by name in this story.
id Kenneth Buck took
ieir own defense, Cyril
ed that his only motive
otiate the safe return of
father, with no financial
lt. He declared that he
ing of the scheme until
er “Peggy” was stolen,
ought the first note to his
- had believed Kenneth’s
if bootleggers connected
yr and that Kenneth had
1t to give him any hint
uts of little “Peggy.”
ated this testimony. The
Buck not guilty.
in a last-ditch stand
. of the crime of kid-
ed two confessions he
the State Police and a
d confession made to
». Hall of the Harwich
vas in jail awaiting trial.
’. Hanify admitted in
ied confession made to
essed as it was by a
rd_and the presence as
riff Lauchlan Crocker,
a brother of Kenneth
William Ellis, brother-
a
took the stand in his
’ liberating for seven
a verdict of guilty
Yenneth Buck. The
. wv the actual inveigle-
ot the child; the second
ping and confinement
rt ransom from Neil C.
er.
F. Hanify sentenced
“not less than twenty-
more than twenty-five
d in the State’s Prison
‘lassachusetts, the first
itary confinement and
ibor.”
mother collapsed in the
ho was freed by the
rd the verdict that
‘st. boy a criminal, and
£ prison term for the
zzy”” McMath.
E Enp
1 you used, taken to
in the cellar of your
ugh ‘Iggy.’ It’s” the
Varecha stared open-
men who had praised.
and made him think
@ with awe and amaze-
unal. What he read in
6 thing and grim, re-
mn to bring him to his
the chair—filled him
» shaking with his
d epithets at them,
em with flailing fists
geod, still screaming
ote of his behavior
iber 7th, three weeks
‘er he faced Judge
iminal Court with
loud and sullenly
killing. He was
hat he was doing.
. threatened outburst
and said he did. It was, he knew, his one
chance to escape the chair. Only twice
in the history of Cook County had a man
been sentenced to death on a plea of
guilty. In his favor was his youth, the
fact that his sanity was somewhat in
question as a result of his having been
committed to Dixon hospital as feeble-
minded, and that he had made a clean
breast of his crimes.
Judge Prystalski demanded that Vare-
cha’s victims take the stand and testify.
They came, a veritable parade of them—
since he was pleading guilty at the same
time to the robbery charges against him
—to tell their stories and identify him.
Varecha interrupted proceedings fre-
quently to scream at the witnesses and
try to leap to his feet and attack them.
He was particularly infuriated when
alienists declared he had the mentality of
a boy of twelve but was legally sane and
knew right from wrong.
Judge Prystalski refused to sentence
him then. On December 16th, however,
Varecha, struggling with his guards and
True Detective Mysteries
snarling profanely, faced him to receive
sentence on the murder charge.
In a voice quivering with emotion, Judge
Prystalski sentenced him to death!
Then he hurriedly postponed sentence
on the robbery and assault charges and
urried into his chambers, while Varecha,
till struggling and snarling, was dragged
om the room to the accompaniment of
is mother’s screams,
On January 6th the veteran Clarence
«Darrow appeared before Judge Prystal-
igi to plead for a vacation of the death
sentence and, despite his age and _ ill
health, made a masterful speech in be-
half of ‘the youth who, he said, was a
victim of environment. The court said the
sentence would stand but later did post-
pone the date of execution from Febru-
ary 17th, 1933, to March 12th, in order
that his attorney’s might complete an
appeal if they so desired,
As this issue goes to press “Iggy” Vare-
cha has been granted a new trial by the
Supreme Court on a technicality. His
case is set for the September term.
In the Crimelight
(Continued from page 67)
sentenced to 14 years in prison. Carl
was killed in his grocery July 16th, 1932.
WASHINGTON, D. C.—On Saturday at
Lexington, Kentucky, the cornerstone will
be laid of the main building at the new
United States narcotic farm; an institu-
tion that will be dedicated to the rescue
of addicts from the slavery of narcotics.
A second narcotic addict farm is to be es-
tablished at Fort Worth, Texas.
JULY 27
KANSAS CITY, Mo—Walter H. Me-
Gee, one of the kidnappers of Miss Mary
McElroy, was found guilty by a jury here
today and sentenced to be hanged. This
is the first time in the history of crime
that such a punishment has been meted
- to a kidnapper, as far as the records
show.
CHICAGO, Inn—A Grand Jury here
today returned conspiracy indictments
against 23 men, including hoodlums and
prominent attorneys, in racket investiga-
tion. Aaron Shapiro, New York lawyer,
was one of those indicted.
JULY 28
ST. LOUIS, Mo—Three men were ar-
rested here today suspected of complicity
in the plot to kidnap C. O. Delore, wealthy
St. Louis paint manufacturer.
SPRINGFIELD, Inn—A secret organ-
ization to combat kidnapping is bei
formed here by the State of Tilinois und
the direction of Governor Horner. Throug
it will be united the efforts of Federal,
State and City authorities in their war-
fare on kidnappers. 2
JULY 29
OKLAHOMA CITY, Oxta.—Speaking
today on the crime situation Governor
William Murray advocated the return of
the whipping post for hardened criminals;
and death for habitual offenders.
PERRY, Iowa—Marvin Barrows, al-
leged leader of the notorious Barrows
gang, died here today from wounds re-
ceived in the battle at Dexter on Mon-
day, when several of his mob escaped a
posse,
WASHINGTON, Dw Ce]: Edgar
Hoover, Chief of the Bureau of Investi-
f
Ieee Mtee live
Deverrte—
gation of the Department of Justice, has
een appointed Director of the Division
of Investigation created by the President’s
executive order of June 10th. This is one
more step in the Federal warfare against
kidnapping and other rackets,
JULY 30
NEW YORK, N. Y—James Dolan, close
friend of the lately murdered Mrs. Jack
(“Legs”) Diamond, was shot and killed
here in a beer garden at 9 o’clock tonight.
ATLANTIC CITY, N. J—Mrs. Philip
Glemby was robbed of $75,000 in her
room on the ninth floor of the Claridge
Hotel here, by a lone gunman. She js
the sister-in-law of Mrs. Harry Glemby
of New York City, who was robbed of
over $300,000 of jewelry in her New York
home on January 22nd, 1932.
PORT OF SPAIN, TrINiDaAD—Seven
starving fugitives from the French penal
colony of Devil’s Island reached here to-
day after twelve days’ experience in a
leaky boat on the storm-swept Caribbean.
The fugitives were David Raymond, Pierre
Jonvann, Henri LeClereqe, Charles Rich-
ards, Maurice Martin, Louis Nourric and
Sar Duquenne. Their objective _ is
? “
TAYLORSVILLE, N. C—T. Cc. Barnes,
cashier of the Merchants and Farmers
Bank, died here today from wounds re-
- ceived when four robbers held up the bank
yesterday. The bandits escaped.
JULY 31
’ PORTERSVILLE, Pa—A woman of
about thirty was blown to pieces near
here when the automobile in which she
was seated was destroyed by a terrific ex-
plosion. The police analyze the case as
a murder, and are seeking a man in con-
nection with the crime.
ALBANY, N. Y—District Attorney
John Delaney announced the arrest of
three men in connection with the kidnap-
ping of John J. O’Connell. He promises to
send six men to prison for the abduction.
ATLANTA, Ga—Bill Creen, serving
life sentence for murder, was pardoned by
Governor Talmadge today. He had
served twenty years and is in bad health.
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REXNEXXXZ 80 NC 412 LARGE CARD.
ANDREWS, Henry T., DAVIS, Henry Alphonzo, and CARLTON, Lewis, (the first two white and the
latter black), hanged, Hillsboro, North Carolina, May 16, 1879,
"THREE MEN HANGED TOGETHER. = Raleigh, Ne Ce, May 16, - Henry Alphonzo Tavis (white), Henry
T. Andrews (white), and Lewis Carlton (colored), noted Chapel-Hill burglars, were today
hanged at Hillsboro, county seat of Orange county, where their numerous crimes were
committed, Each of the prisoners procaaimed his innocence to the last, Carlton
spoke an hour, and said his salvation was sure, The parting between Andrews and his sister
at the scaffold was most affecting, and moved the crowd of witnesses to tears, All
were firm, and showed no signs of wavering. The haning took place at 2:30 and was
badly botched, The ropes around the neck of Davis and Carlton were took long, and
their feet rested on the ground. They were raised and the ropes retied, causing
death from strangulation, A terrific thunder storm raged during the whole
proceedings, and the scene was wild and terrible. At least 8,000 persons were
present,"
COURIER—JOURNAL, Louisville, Kye, May 17, & 18P9 (1:2)
* their. leaders—Clerks,. ‘Sheriffs, Registers, Attornies: and. all Of"
~ ficers.of every: degree: and. station.to: be arraigned at the Bar-of
their Shallow: Understanding and to be punished and: regulated at SS
their. Will,: and: in. a. word, for: them: to~ become:the: sovereign: ~
arbiters-of right and wrong. sag pees eee
He said that: he- expected” “ancattack from: the. whole united.
force of the regulators: or rebels” at which time: he intended as
“do. also: the aforementioned. Officers” © (Colonel Gray; Major.
Lloyd, Captain Hart, Adjutant Nash, and: Captain: Thackston)
“ty bravely repulse them or nobly die.”
In. Tryon’s reply to Fanning; four. days: later, the governor”
referred to the““many deluded peopie” in Orange and denounced —
their-leaders: as. the “invaders of public:peace- and private: hap-
jiness.”” Tryon also-issued two proclamations: one +o the people:
and the other-to the militia officers of the colony. He ordered the
Regulators to disperse to their homes. and the militia to be called
in Bute, Halifax, Granville, Rowan, Mecklenburg, Cumberland,
and Johnston counties,-and “that they be held in readiness” to:
march to the-aid of Fanning. .
Yet Tryon realized that the Regulators: had. grounds for
complaint against the existing local regime. In 1767, he wrote
the Earl of Shelburne that “The Sheriffs have embezzled more
than one-half of the public money ordered to be raised and col-
lected by them. . . in many instances the Sheriffs. are insolvent
or retreated out of the province.” In a message to the legislature,
ne called attention to the need for further regulation in the
eontrol of county officials. And the Assembly agreed that
The abuses in the Sheriff’s office cry aloud for and shail re-
ceive the strictest attention and correction, nor shall the em-
bezzlement and irregularities committed by other collectors of
the public revenue escape the most.exact inquiry.
The legislature passed laws to regulate the fees of inferior court
clerks and to correct certain other evils in the administration of
iocal justice. The governor thought that these laws should stcp
the temptations that led to fraud, embezzlement, and other ir-
regular pactices, and he asked the people to petition: the legisia-
ture for a “redress of grievances.”
But the situation in Orange did not improve. During the
= hors, ot — aie
Be Se ry ee
- #2 -QRANGE: COUNT YS@ETS2AT95 22 Se 335
spring: and summer of 1768" scores-of-depositions were made by = 5
Orange: county farmers against the sheriff, sub-sheriffs, and
against: Francis. Nash: “Clark” of the court. Johm McVey: swore’
that-a=sub-sheriff had seized “eight large prime deer skins”
from:him. John McDonald. testified that another sub-sheriff aid
“etch one of his creatures” for a charge of writ of. ejectment. -
One» Regulator: said. that: Sheriff. William: Nunn and: his sub- -
_ sheriff “came to my house and broke-open the-roof of it.and took.
a piece of linen eloth’”; another charged the sub-sheriff with
seizing. “a Gunn valued at thirty two shillings.” Several-charges
were-made. of. “false: impressment,” of. “seizing a mare’; and
one Regulator: swore that: he. paid Francis Nash “two pounds,:
seventeen shillings and four pence: for a letter of Administra-
tion and got none.”
The Regulator leaders. took Tryon at his word about a
“redress-of grievances,” and began to prepare a petition to the -
Governor and. the Assembly. At a “general meeting of the regula--
tors” on April 30, they appointed twelve-men to meet on May
11 at Thomas Lindley’s, where they. “hoped some representatives.
of the county officials would meet them.” Due to the arrest of
Husband and Butler and the ensuing confusion, this meeting”
was never held. Meanwhile, Regulator Advertisement, Number
Nine, was drawn up and signed by 474 people, 31 of whom wrote
-their names “in Dutch.” This document, addressed “To the
Governor and Councill,” was the climax of the Regulator’s at-.
tempts to obtain justice by peaceful means. It declared :.
We the Inhabitants of Orange County pay larger Fees for record-
in Deeds than any of the adjacent Counties and many other Fees
more than the Law allows by all that We can make out from which
a jealosie prevails that we are misused and application has -been™
made to our representatives to satisfy us But. we were disregarded”
in the said application upon which the said discontent growing
more and more so as to threaten a disturbance of the public peace,
we therefore beg that those matters may be taken under your
serious consideration and interpose in our Favour so that we may
have a fair hearing in this matter and (be) redressed where we.
have been wronged.
- The Regulators assured Tryon that neither disloyalty nor
disaffection was the cause of their troubles, but
ete ch.
:
. s
wl
Bo ‘ee
<"He‘looked both pale and wan,” oe <
~ An: old patched: coat-upon his backs as
- An-old mare: he-rode-on. . er eee:
- Both man.and:mare warn’t worth:five- pounds
As I’ve often been: told; . ae AEE,
- But: by -his<civil: robberies.
He’s laced his coat-with gold..
By 1765. there» was. general umrest—though no. organized
movement: of protest—in Orange and other western: counties.
There were charges of corruption, illegal fees,, and. excessive |
taxes, and: there’ were occasional protests against: these evils.
of local government: | +
The passage of the Capital Act by the legislature of 1766 did
not help matters any: For many years before the creation: of
Orange county~in 1752 the governors and other: colonial leaders: —
had realized the necessity of a “fixed seat of government.” The
Assembly had been an “itinerant body” meeting at Edenton,
New Bern, Wilmington, Bath, or at any place where the governor
called it to assemble. The governor lived at one place, the council-
- ors at various places, the treasurer at.another. There were not
suitable buildings and records were scattered and carried from
session to session in a “common cart.” Governor Gabriel Johns-
ton in 1747 said.“It is impossible to finish any matter as it ought
to be while we go on in this itinerant way: We have now tricd
every Town in the Colony and it is high time to settle some-
where.” In 1758, Governor Arthur Dobbs succeeded in getting
the legislature to pass a law locating the capital at Tower Hill on
the Neuse (near present Kinston), but when the British Privy
Council learned that the capital was to be located on lands which
belonged to the governor himself, the law was. disallowed.
a Pie a hanes ee eager
ap S
ORANGE: COUNTY—1752-1952"
: : The construction of the: Palace:met with general approval in
the East; the Assembly referred: to it as “truly elegant and: no-
ble? but it met with strong and vehement opposition from
Orange and other western counties. Complaints were made-of the -
great distance-to. New Bern, and-its lack of trade connections
with the: back country. One westerner wrote in 1768: “not one-
= Man in twenty: of the four most populous. counties (Orange,
a Mecklenburg, Rowan, and. Anson): will ever see this famous house-
2 when built, as their trade connections do, and ever: will more na-
= turally center in South Carolina.” A poll tax of eight pence -pro--
~ dlamation money was levied by the legislature to pay for the
Palace and this action brought forth bitter complaints. from
: Orange county farmers. They considered all poll. taxes ineaqui-
x table, odious, and operating “to the prejudice” of the western
counties, which had more white people, but less wealth, than the
- €astern counties. One farmer declared that “a man that is worth
nonsie pays no more than a poor back settler that has nothing
vat the labour of his hands to depend upon for his daily support.”
On August 3, 1768, James Thackston, an Orange county justice
of the peace, reported to Tyree Harris “late Sheriff of Orange”
that he heard William Butler say “We are determined not to pay
ahs for the next three years, for the Edifice or Governor’s
tin pv We want no such House, nor will we pay for it.” Thacks-
in eclared that Ransom Sutherland said that some two hundred
‘€gulators had gathered and had told Harris “that if he should
The Hast: wasapprehensive that the capital might-be: located =
Hilisboro;:which had? become-something-of the capital of the ==
‘whole-back country, and‘ this led representatives: from the-Albe--
marie and: Pamlico Sound region and the-Cape Fear to unite in
favor of New Bern. Tryon recommended :that town: as a “central
location” and the Assembly: in November; 1766; passed-“‘An Act -
for erecting a.Convenient Building within. the:town of New Berm
_for:the-residence. of. the» Governor.” For-this. purpose, the: As--..
sembly: appropriated £5,000; a.sum: “increased by an additional<
£10,000 ‘the. next year... Work was begun on the: ““Governor’s:::
-Palace” in’ 1767° and. when: this: beautiful. brick and- marble
structure: was. completed: in 1770, it was-considered the finest —
“government house” in: alk-English America...
ORANGE. COUNTY—1752-1952
se eiataiie ote them. for-their. Tivesathathstheymeyoiia sbane: inns Sse
-- and:kill’any Person-that:should distrain-for-theirlevies”
-. "The first. organized: effort’ of: the. back country: senate aces
: ideas their grievances had been made by the:citizens of Orange
Aug -1766;:a paper; later called
county. two years before.- In August,-1766,°a paper, la
“Regulator Advertisement, Number Stag Iv eeaee et ee ;
meeting of the County- court in: Hillsboro: calling om : 8 pais ee
Carolinians to resist local oppression and put an.end a = ~ :
tortion: ef county: officers: and- asking the: people- ces iets ne
elect: delegates to ‘attend a en nN is
- fore:the next November court: at-a-suitable place-where: sins
no’ Liquor. (at.Maddock’s Mill if no: objection) at —_ mee = if ;
let- it be judiciously enquired whether the: free» men* of. this
County labor under-abuses. of ‘power: or not... a iy
this document:was publicly read at court and that Thomas oy :
one-of the Assemblymen from Orange;..“declared his: approval of.
it, and the rest acknowledged it was reasonable.”
Meanwhile at a meeting on Deep River; in Husband’s home
community, Regulator Advertisement, Number Two, was drawn
up and William Cox and William Masset were delegated to attend.
the- meeting at Maddock’s Mill on October~10; the-date having
been changed to. that time by Lloyd. The county representatives.
in the legislature, vestrymen, and other officers were Panga
to give the members of the meeting “what. bprormiation an
Satisfaction they can.” According to Husband 8 uerraure:
“about twelve Men met, but none of the officers appeared.
Late in the day James Watson, prominent officer, came alone
and brought word from Fanning, the Register of Deeds: at ernie
boro, that he considered the meeting “as an Insurrection. .
The delegates, after hearing Watson’s message, and in his
presence, drew up another paper, Regulator Advertisement,
Number Three, which they read to Watson and which he seat
was “so just, and reasonable, that no Man could object to it.
This document reiterated the need for “a publick and free Con-
ference,” and again asked the people to send delegates to a mect-
ing and offered to meet the county officials at any time and place
they might select. A copy of this paper was given to Watson and
he promised to present transcripts of it to all of the county cf-
pare:
0
anning, however; as-spokesman for: the officials, - re.
fused to see any: justice in the-pecple’s complaint and. reported
at the court in Hillsboro: ins November, 1766, that-he had written-
_ to the\leaders: of the movement: “‘a statement that: would silence
> ‘The people: of Orange then appealed to the General: Assembly;.
; this: body: turned-a:deaf ear to their appeals and the agitation.
‘continued: - SN Bae
The-year1768' was the turning point:in the whole:controversy-:
_ and ‘marked:the-formal organization of the-Regulators.. Regula=-
__. tor Advertisement,: Number: Four, drawn up about January of | -
z _ that-year; is perhaps:the clearest: statement of the evils these:
_ people proposed to “regulate.”~
-) i. That: we-will: pay no Taxes-until. we are. satisfied they are
agreeable to Law and Applied to the purposes therein mentioned
uniess. we cannot help and are forced.
That we-will pay no: Officer: any more fees than the Law allows:
unless we are-obliged to it and: then to- shew a dislike to it and
bear open testimony against: it.
That. we will attend our Meetings of Conference as often as we
conveniently can... .
That we will contribute to Collections for defraying necessary
expenses attending the work according to our
abilities.
That in Cases: of differences.in Judgment. we: will submit to
the Majority of our Body.
The word Regulator did not appear in this document:
used in Advertisement, Number Six, March 22, 1768.
Soon after this a Regulator had his horse, saddle, and bridle
“distrained” for non-payment of taxes, On April 8, about seventy
Regulators rode to Hillsboro, took the horse away from the of-
ficer, and fired “a few guns into the Roof of Colonel Fanning’s
House, to signify they blamed him forall this abuse’
Was indignant and on April 23 wrote Tryon that
the late orderly and-well r
(O. my favourite County 2
Very nest. and bosom of rioti
-Im every part and Corner
and confederating by
Payment of Taxes an
>. ing death and. destru
— Ments of the Public,
2-
it was first
* Fanning
egulated County of Orange, is now
nd people how art thou fallen) the
ng and rebellion—The People are now
of the County, meeting, complaining,
solemn oath and open violence to refuse the
d to prevent the execution of Law, threaten-
ction to myself and others, requiring settle.
Parish, and County taxes to be made before
Seog SI ee eee ae aes. :
RANGE: COUNTY—_1752:1952- 3r
™ oa te es — ; a ‘ La x
‘ ae + ee oe aioe - Cor N % cS te Bae ie Sty * ae She - <3 we : i ‘
ee ae gS ahh, Cee 2 eer La oe ee nA be 5 ae ren * ites we ties ; ‘ eK.
ae i ae ' 7 ae —— ‘3 = — See ae Ja." ae) - f . -
ot a - ae gl ee oS ee ee av eo
“ORANGE: COUNTY=1T5271952 0 - = ORANGE: COUNTY—1752-195225 "BSE
5 Be the corrupt and: arbitrary practices of nefarious. and.designing-men~
“The Hillsboro Court of September-22-October 1, 1768; was.a ~ fs
= who. beg: put: into: posts: of profit:and<credit: among “S,. Use"
; every. artifice, every” fraud; and where--these- fail; threats: and -
menaces: are not spared to squeeze: and.extort: from: the--wretched
© poor: 7
They rebuked the “heated unruly spirits” who had fired several.
shots into. Fanning’s house-a-short time before. — she
James Hunter: and Rednap Howell carried this. petition. to ~
Brunswick and presented. it.to Governor: Tryon on June 20. After -
consulting with his council, the governor replied to. the: petition,..
saying that: the Regulator’ grievances- did: not: justify their ac-~
tions, and ordered: them: to. give up the name-of Regulators,.
cease organized. activities, pay their taxes,.and not molest cf--
ficers: As Husband later. wrote,. Tryon: was “inclined to.the other
side, multiplying all our faults:to the highest pitch_he was: cap-
able: of.” :
Yet Tryon. realized that there was justice in the Regulators’
demands and. he-issued a warning. to. all officers and lawyers -
against charging excessive fees ; he ordered the publication of a
list of legal fees; and he directed the attorney-general to. prose-
cute all officers and lawyers charged with extortion. He -also
promised to go to Hillsboro in person in July, where-he hoped
to “find everyone at peace.”
The governor kept his word and went to Hillsboro—though
he did not arrive until August. Meantime Fanning had been in-
dicted for taking excessive fees as Register and his trial. had
been set for the September session of court. Husband and Butler
had been arrested for “inciting the populace to rebellion” and
were to be tried at the same court. Two other Regulators, Samuel
Devinney and John Phillip Hartzo, were also to be tried for “a.
riot and rescue” (of a horse). Rumors began to fly that Tryon
was raising the militia to suppress the Regulators and that he
was calling out the Indians to attack them from the rear.
Threats of rescue of the imprisoned Regulators and. reports
about a general Regulator rising prompted Tryon to call out the
militia, and a force of 1,461, largely from Mecklenburg, Orange,
Granville, and Rowan counties, marched to Hillsboro for the
September session of court. This action only angered the Regula-
tors and increased the debt of the poor colony £4844-19-3.
perfect illustration of the centralization and power of. the court--
house-ring: to-which the Regulators: had objected. Fanning, the=-
~~ defendant to: be tried,.and Maurice Moore, the presiding-judge;
~ . were both colonels. in the militia. Six other militia officers were:
- members of the governor’s council, and eighteen members of the-
- Assembly were also: among the militia: officers:
- — A large number-of Regulators were present: for-the session of =
court—3,700, according to Husband’s account... Husband = was.
tried and acquitted:of being a party to the-recovery: of the horse, -
which: had been “‘distrained.”” Butler was fined £50 and sentenced
cf i LS Hiss : - . ;
to-six:months” imprisonment. Devinney and Hartzo- were fined
£25. and given three: months’ imprisonment. Governor: Tryon,
apparently eager ‘to quell the disturbances, released the: prison--
ers:and suspended the payment of their fines:for three: months:
There-was no serious disorder and the “Battle of Eno” didnot
materialize. Fanning. was-convicted of taking a six: shilling fee
for- registering: a- deed. when: the. legal charge: was. only two
shillings and eight pence..(Tryon said Fanning’s action was due
tora “misconstruction of the fee bill.”) He was fined the nominal
sum: of “one. penny and costs.’? Though he. promptly resigned
his. office, the Regulators’ wrath was: not appeased by this
obvious. miscarriage of justice. . :
On October 3, Tryon issued a proclamation “out of compassion
a the misguided multitude,” pardoning all those involved in the-
‘late insurrection” except “James Hunter, Ninion’ Hamilton
Peter Craven, Isaac Jackson, Harmon Husbands. Matthies
Hamilton, William Payne, Ninian Bell Hamilton, Malachi Fyke
William Moffitt, Christopher Nation, Solomon Gross, and J ohn
Oneal.” On September 9, 1769, Tryon issued a “Proclamation of
general pardon extending to Fines and forfeitures to all persons
concerned in the late Insurrection.”
oie Regulators continued their agitation for reform in
RPC) hear eer they decided to carry their case to the
. oe nin time they hoped for better results because,
coanths peli “ ions, Orange, Granville, Anson, and Halifax
ete a ° solid Regulator delegations. Husband and John
: elected from Orange, receiving 642 and 455 votes
«
Bowden was found guilty of an
atrocious assault on a white girl of 11 or 12 years of age and was sentenced
to be executed the same day."
Standford, were convicted of
conspiracy and rebellion and sentenced to be executed on Saturday the 8th inst.
THE CAROLINA OBSERVER (Fayetteville) 10-12-31
"At the last term of the Superior Court of Law held for the County of Duplin,
His Honor R. Donnell presiding, Jerri and Pisaah, negro slaves the property
At the same term a negro boy the property of Mr.
of Col. Wright and Pomp, the slave of Rev. Mr.
Jhute Cards ate candidates a WK “nie ae Vstigh.
viendo eveeyst an We Carolan UbLAVCE Payette ile 10/13/37
Perel utiles ramen of ramet Whe olor EL Tashors
Free freis 1¥giee V4 /of§/3) 3:/ Comfnins neoution Uf Ht bold rags}
on Vie big of And comerthir. BC
THREE SL
(Not @arrying «s confirmed though undoubtedly hanged.)
"Fayetteville, NC, Oct. 5, 1831, = A_Duplin Superior
Court, Judge Donnell presiding, six negroes were put on
oT, charged with the same offence (insurrection) -
three of whom were convicted and sentenced to be hune."
REGISTER AND NORTH CAROLINA GAZETTE, Raleigh, NC, Oct.
13, 1831 (3:h.)
Slaves PIZZARO and POMPEY
Hanced for insurrection, Sampson 0o,, NC. 9-8-1831.
"We Learn from a Correspondent at Kenansville that in
pursuance of the sentence of the last Sampson Superior
Court, Pizzaro, the property of Mr. James Wright, and
Pompey, the property of Mr. Sam'l, Sanford, were executed,
Also that Jerry (the property of Mr. J. Vricht) who was
under sentence of death was respited by His Excellency,
Governor Stokes. These slaves, our readers will recall,
were tried and convicted, for conspiring to excite an
insurrection among the slaves in Duplin County,-- There |
gas also executed on that same day (Saturday, Spt. ) Ae
REGISTER AND NORTH CAROLINA GAZETTE, Raleigh, NC, Nove
3, 1831 (8:2.) Quoting NORTH CARQLINA JOURNAL,
"at the Superior Court for Sampson Co., NC, last week
seven negro slaves were indicted for participation in
a - Yot, it still exists, seal TOdeMatee! aN Ie
free} fro: mt the priirifat; appre eel they 5
Pat co WSs cae
a teryhed ‘us, - “About; twPles
é , deia re say)
|
1 ee De-grye
@ | eXtont, tothe: indi-
Ainder. our laws; ‘they
; 4 | ,
tint | “Rls ‘ome oF: iWiont, ‘on. Sa
Beige fae _ ohn examination t ‘etuje Bott Jan. ato. belong, “ag” pa pean
Sa | Emit severil attending tqagiatrates Mae cog pe ee 2 Sage. .
oO = lisa of: thre §etafs< ro tite “off Third--Lhe eric: mx peaplh “ lets AES!
ey ee meh ot ee he dict’ ures vinite - “fae: providing <"te~means -to‘ac-
Bg _haverenabtte er to adort auc amaRNTEN 18TH | lish: fits “measures aus based uy °
ee . detour town: mac, a sere ioe Ease forapt 3 ue Spiers a
*t
et 0
ies
sKeacwary: Hist te
,_ touted vestent: fw Aor
ha erm RE
— uf the vlan bn bn “tn the Co
Sein
’ “fh a en ; aa 2 ph ab
ey. jie sean 40 18 not my iti tentio Ba at’ preent-to ente
details belonging ¢ to the applica
\tonof. thoset mans, but merely to shov
—— —:-- == =see Pricey veh,
rloatyrs ching swhic
ALC Te aa Shahar
Beiate the. arti n
; =n niman shapes is cats
a dean Ba tis
phys ‘el ——
ctaptisned “bend a udo
nitledin ‘¢ve carry Weert
tithe bi rof.t :
fier ) efbin Tt ever,
ie
Vrms
a stern, ne bea promt “anil ‘Vio aorous:
pices 4 0
“8 *ah
nor oridhy f nr ‘our ‘country. wits! i HY
Two ringlédders: wormexecutr
é
2, 131
te.
a!
is Pena
/
v To cope 1 seposiee nrtesles “from ie Ata
States Gazette ir ‘the expectation, that the fone
‘ é yal pemaal of it, nr’ Ioigtepreftectionsonsthe 3 mea:
te in i"
¥
Sep
*
‘dectaribg: Ist. that. the surplud revenu
f fabout whidtypolitiéians dis; nic, ‘shoul
“gore, ti niaking public exam tll tssity) | ce
+ “gorare, ix niaking patio exeanp! ate | hefeherishel, ‘anid. sacredly set
= that megns-eitisty-and-can—be-ap plied—
‘that. papcithstanding the magnitade ©
{th e-evik- tere is a-temed yforite——
Of this’ remedy, I shall’ ‘conclude | b
party.
Vat: Renarftiliol ‘defray, the expenses sitendine Zhe tran.
. Duy! mn . Calaity abot Awerk ping - oe a Chee {po irtation. fo" Africd: Up tte Ffahole, progr
‘ “e
b. ARE. now-in-thes tit
ieds a alana ach ap eetreionges —o ’ RiP
“Acid second, that rs pate Hide b.
ring te the'U. S.of America, stow’
parks reenrmmnanided, ‘by. thé Noussible, ‘humane, and
“g “Fiboral ayitens” aed that aS) he
= cA e na’ } e 7 $.% “ti on meno4”
AA} je
=r?
BA igi
4 -etaire, to att. upon: thé subject ofslavery, if confor--
aes te mis with, a 3 pt
4 WwW rich’ we now jiavite public pttn ‘ntion. We hope }
that, the citizens of avory-tawn And conaty, inthe:
State, ” will apply to CRoerss, for the romede witch.
anvie oven. hy the:interposing power-of that boot
dé
? a
c
?
cd
"4 ris", or theese, to inidiice th Nattoaal: Loorialaz age
Ne, “ei: 1698 ptogented i in a ee ar’ ele, fo ’
| be acre ut ie ex: ins eats
euifon ot thia, ¥ ere it does” not |
Jong, to: dne BS dual ‘perhaps to” spe:
wit ‘the great t feature of itis, that all pe
—fetarbobthationlys: and that the wistes_of our}
poopie, rat be seconded and, supported” by: a
_ eins exertions of their: Tepeps ontotives.:. .
ok, on ‘the distressin: sitn: ation OF & Ingte poriion: of be
re our Stites,” ‘and an extensive remoni® “of. “oti
> Gounttyy, it: ‘is. 119° “Theoasiderablex ‘alleviation © of}
ranFerinas, tofind that our ‘Nottherwhrethren; |
ple. of color, “slay, es and free; must-be.
—rat a ie tae
wae aved, nolontes voléntes ; tint the m
(and ‘physical fares of this count
[can ettect the. ineastire; by a ‘eyadual*a
o epinathise with ut in-our t rubles 5 sand that this.
weyrnatsehy, 1s tinenine fast! intd an achive | zeal, that
is Ary ising pl: an? for tho | removal ‘ot tie evils, 4 with
which. we are ‘@neompagseds ade
ea For. thee Untied States Gazette. | %
— “Centlemen: ce Pttire. | is involved inthe}.
Sitacschighory - fof this country. a great
— wor avin aime or: ‘evil, accord ling
¥
or
bLta! ER Ligno “des ‘than’ the’ ‘direction®
ae TAC, pow 8 sow aatoNAting to near: to: mil-
ee ee
_conerationse “weil, virtual fh atit ‘Atria’
w a} ¥ aay “called : A rad REP ‘Per:
‘fort on7:0
Lee,
*F
_ Abay ¢ er on y iibtins that Re ‘
a pee:
“be-permitted.to|-
which stalbbe ‘giver by ‘fie’ influence. ore
oe a plates pie fet, doutligra’ atates,. but of coming: i th.
A ‘fnit! ed to incréasd during t x ‘nit with: a ‘Well dixeplined force. 3
pt , tainty fot
be doubted; by a wise ¢ dipplication of A
indiented inennsiz 7 ea Soci cies
ag ‘this, that. it is too. ‘generaly#idleat, a:
perhaps. as some. may. Gil it; even 4
onstitntional, cask. those, disposed
‘ctiticize it; to: took at’: “the condition,
rt jese United Sigtes halfa conturyhen
‘with<perhaps” five millions of negre'e
i! black. military. population in. iri the. WwW.
Inidies,. ‘capable nat only | of. armin st
To
‘them: to‘look, at ‘the. ‘Fesults” whi nt
‘wnodomnt doctrines of -insurractiondl libs
‘tyare, pointing to 3.2 n servile. “wap, tl
Pat ka “at
¢ Buinan histote;. Uf aeK MCT
¥: oft 5) owe wiay. tive op the? southern. sta Lehto
iy
ay”
cg ae
th tA
macn.. This nest not be: parmittede’ Nowe
erful encuglt to mullif ythe Jeu eutwbit ta
ayid fire s3t0° horrors. that wil so.hi
‘ebrtattemnen tol itive d+ nsw hi
straction’ of the: micey ibe inning with t;
eon
re “Tf i it is ovjectet to: 2: ‘plan 80-oXtensi:
OFt the aoe opera for. he wy
The Naw York Spectator 1[T[02 gushing a
Halifax NC paper of {21 states Put nine
niceroes lad ncen executed dn Bertic County
sch tun offers condeumned Hire. Also three
otters condemned in Martin Couschy-
rr
Oe - i
2
© cHurcu DIRECTORY
‘ STAFF
Pastor oe ee George S. Calhoun
Church Secretary .......... one eee Se RE, ile ase Se Oca Mrs. Don R. White
yc scald Cs gs kp CEM GR Ua os gant iE UO enn i Re Mie Jato Mrs. Alice Scheid
P@aSUOTS oo ee ee eas aR ence We ae Mr. & Mrs. Ronald Goodnight
Financial Secretary... ee Co ia clan scree us ae Robert F. Albright
Clerk of the Session. ou OR ee a Curtis C. Graham
Chairman. Board of Deacons ............ peo eG ee Na, Dewey Shaver
Noutt Advisors 92 Se Bes oy Mr. & Mrs. Darreil Goodnight
Scoutmaster 5 6 fee ke Ee Se A eu Charies L. Wilson
Housekeeper... .......... ee ee ~. Mrs. Cart Cline
Groundskeeper 5 2 1 ee Se ee : . . Cari Cline
: THE SESSION
Elder Emeritus Ciass of 1975 : Class of 1976 Class of 1977
Cecil M. Albright W. Herron Kistler William S. Hail, Sr. Curtis C. Graham
Cari N. Goodnight. Sr. Theodore Sloan ; Benjamin I. Harrison Cart Hail, Sr.
E. K. Graham. Sr. Raiph Smith ' 1. C. Locke Neel Worth Litaker
: Charies L Wilson +s John J. Parker Hall Steeie
THE DIACONATE 2
Class of 1975 Class of 1976 - Class of 1977
Robert F. Albright J. 8. Caldwell, Jr _ Sidney Albright
Howard Goodman Larry M. Graham Darrell Goodnight
Harold Litaker Robert H. Grubbs E. K. Graham. Jr-
Dewey Shaver ~ Thomas F. Turner Tom A. Hall
Robert Weast ~ = _” Robert £&. White Ted Luther
: TRUSTEES
Class of 1975 : Class of 1976 -. Class of 1977
J. B. Caidweil, Jr. Hail! Steele Ralph Smith
: : THE CHURCH SCHOOL ;
Superintendent......... Ronald Goodnight - Assistant Superintendent... .. Larry Graham
THE MEN OF THE CHURCH
President. 62 0 gi Theodore S. Sloan Secretary & Treasurer....... James A. Sloan
Vice-President. ......... James W. Albright Social Chairman ........ Appointed Monthly
THE WOMEN OF THE CHURCH
President . 2 2 ec Mrs. Cari Hail. Sr. Secretary 3, 3. Mrs. Curtis Graham
Vice-President... ........ Mrs. Lee Wilson Treasurer 360 er. Mrs. Tom Baker
Histonan 6.58 oe Mrs. W. A. Sides
THE SENIOR HIGH FELLOWSHIP
President.) 2 0 es Tim Himes Secretary 92 ee Carolyn Wilson
Vice-President... 2... ...00.. Patty Wilson sreasurer 2 ee ee Tony Albright
“THE JUNIOR HIGH FELLOWSHIP
President (4.020.560 oe Sharon Weast Vice-President. ......... Merri Jo Harrison
Secretary and Treasurer... ... Robin Havner
2 THYATIRA MEMORIAL ASSOCIATION
Chairman, 6.20 ee C. Locke Neel Treasurer: oe Leonard D. Litaker
Secretary. Mrs. John G. Graham Histonian' 3. 3 Mrs. C. Locke Neel
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58 HISTORY OF NORTH CAROLINA.
The same records present the following entry, at te next term
of the court in March, 1771.
‘‘ The persons styling themselves Regulators under the conduct
of Herman Husbands, James Hunter, Rednap Howell, William But-
ler, and Samuel Divinny, still continue their riotous meetings, and
severally threatening the judges, lawyers and other officers of the
court, prevented any of the judges or lawyers attending. Therefore
the court continues adjourned till next September term.”
The Superior Court at Salisbury was also impeded.
To these open and public acts of violence, were added acts of
personal outrage. John Williams, one of the lawyers, was seized
and severely beaten in the streets; Edmund Fanning was dragged
out of the court house, and severely beaten. His house (where
the present Masonic Hall in Hillsboro’ is located) was torn down
and his furniture destroyed.
The General Assembly met at Newbern on the 5th December,
1770, and the Governor received them in his magnificent palace,
then just finished. Among other matters, the Governor urged the
raising of a body of men, under the rules and discipline of war, to
march into the settlements of the insurgents, to aid and protect the
civil officers.
Herman Husbands was a member from Orange. An article in
the Gazette, addressed to Judge Moore, was attributed to him, and
in consequence, he was expelled from the house.
This Legislature passed an act prohibiting any number of per-
sons above ten, assembling, for the disturbance of the peace; and
in order to weaken the power of the Regulators, Orange County
was divided, and three new counties erected,* one, of parts of Orange,
Cumberland, and Johnston, called Wake, in honor of the wife of
Governor Tryon ; another of Orange and Rowan, called GUILDFORD,
and the southern part was cut off and called CHatHam.
To prevent the Regulators from being supplied with ammunition.
the Governor, in February, issued a proclamation (1771), prohibit-
ing all merchants and others from supplying any person with pow-
der, shot or lead, until further notice.
In March, the Council determined to raise a force of several
regiments of militia, and the Governor was advised to march at
their head into the settlements of the Regulators, and reduce them
by force.
In April, Governor Tryon left Newbern, with about three hun-
dred men, and some artillery.
In May he was joined by a detachment of men from New Tano-
ver, under Colonel John Ashe, also from Craven, under Colonel
Joseph Leach; from Dobbs county, under Colonel Richard Caswell:
from Onslow, under Colonel Craig; from Carteret, under Colonel
Wm. Thompson ; from Johnston, under Colonel Needham Bryan: a
company of artillery, under Captain Moore ; a company of rangers,
* Martin, ii. 271.
HISTORY OF NORTH CAROLINA. oo
under Captain Neale; a detachment from Wake, under Coloncl
John Hinton; a company of cavalry, under Captain Bullock.
Governor Tryon and these troops crossed Haw River on the
13th, and on the 14th, encamped on the banks of the Alamance.
The next day, on the banks of the same stream, the royal army
encamped near the Regulators, who had assembled in great force.
On the 15th, a petition was brought to the Governor, from the
Regulators, praying a redress of grievances, as the only means to
prevent bloodshed. He replied that he would answer next day by
noon.
This petition and Tryon’s reply, as well as many other original
documents procured from the offices in London, never before
published, the reader will find under the chapter (1) on Alamance
County.
By dawn the next day the royal forces left the camp, and within
half a mile of the Regulators, formed the line of battle, 16th May.
1771.
The Governor in reply to the petition, informed them by a mes-
senger, that he had pursued every measure to redress their griev-
ances without success. Nothing now was left but an immediate
submission ; a promise to pay taxes; a return to their homes; and
a solemn assurance that they would no longer protect those indicted
from a fair trial. He allowed them one hour to consider this reply.
The royal forces, according to Governor Tryon’s own report (now
for the first time published, in the following pages, see Alamance),
amounted to upwards of eleven hundred; the Regulators under
Husbands, Hunter, and Butler, to two thousand.
The Regulators told the messenger of the Governor to return and
say that “ they defied him, and battle was all they wanted.”
The Governor then sent a magistrate and officer with a proclama-
tion, commanding them to disperse within one hour.
The Regulators refused to listen to him, and cried out for battle,
and advanced on the royal forces.
The Governor then sent his aid, Philemon Hawkins, to inform the
Regulators that unless they delivered up Husbands, Hunter, Howell
and some others, and disperse, he would fire upon them.
The regulators replied, “ Fire and be d i
The Governor then ordered his troops to fire, which was not im-
mediately obeyed. Rising in his stirrups, inflamed with anger, he
again orders ‘* Fire—Fire on them or fire on me.”
The action became general, and for a few moments was warm.
After a conflict of two hours, the Regulators fled, leaving twenty
dead and several wounded. The loss of the royal forces in killed,
. wounded, and missing, was sixty-one men. One officer was killed,
and one dangerously wounded.
Thus ended the battle of Alamance. Thus, and here, was the
first blood spilled in these United States, in resistance to exactions
of English rulers, and oppressions by the English government.
“The Great Wolf of North Carolina’ showed his blood-thirsty
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