APPENDIX TO

PEREGRINE MAGNESS, JR., AND HIS WIFE MARY

January 1999


Additional Magness material was recently sent to me by Miles Philbeck of North Carolina, a Magness descendant who has done family research for many years. This material consisted mainly of photocopies of original Rutherford County, N.C. court documents. these were warrants, appearance bonds, depositions, etc., and apparently they existed only as loose papers which were not recorded in the record books. Most of them deal with the case in which Zachariah Magness was accused of raping Arabella Magness, wife of Joseph Magness.

I give a summary of these papers in more or less chronological order, followed by some further information on Joseph, George, and Robert Magness. These papers do give some possible indication as to how the Zachariah case was resolved; some questions are still left unanswered.

These papers indicate that not only Zachariah Magness, but William Alexander was also involved in the case with Arabella Magness. No explanation is given for Arabella being at the home of William Magness for several days without her husband, nor is any reason given for the parties involved being so fearful that the slaves of William Magness would hear them. (See Jan. 1788 depositions of Robert Wier.) Arabella made no accusation against her husband Joseph until a week after complaints against William Alexander and Zachariah Magness.

The final disposition of the case is still not entirely clear. On 16 January 1788, four justices of the peace of Rutherford County signed an order consigning Zachariah Magness, charged with rape and incest, to the jail of Morgan District Superior Court. However, this order was apparently superseded at the same term (Jan. 1788) of the Rutherford County Court of Pleas and Quarter Sessions when bond was made for Zachariah Magness. Zachariah made bond for 500 pounds to insure his appearance on March 1, 1788, at the Morgan Superior Court "to answer a charge of rape." Perry Magness and Elias Morgan were his sureties for 250 pounds each.

At the March 1788 term of the Morgan District Superior Court a true bill was returned, apparently by a grand jury, indicting "Zachariah Magness late of the county of Rutherford Labourer" for making an assualt "upon one Arabella Magness...forcibly to ravish and carnally know her..." However, it seems that Zachariah Magness himself did not appear at the March term of the Morgan District Superior Court. Consequently, on 12 March 1788, the clerk of Morgan District Court sent an order to the sheriff of Rutherford County to make known to Zachariah Magness, Peregrine Magness, and Elias Morgan "to appear before the judges of Morgan Superior Court" on September 1, 1788, to show cause if any why final judgment should not be had against them, causing Zachariah to forfeit 500 pounds and Perregrine Magness and Elias Morgan to forfeit 250 pounds each. The deputy sheriff made this know to them on 19 August 1788. So apparently Zachariah Magness did not appear in court on the charge of rape, and the sizable bond was forfeited. In all likelihood, Zachariah left the state in order to avoid the severe penalties which would have been imposed had he been found guilty. By not appearing for trial, he was not found guilty on the charge of rape. However, he had apparently earlier been found guilty of a lesser charge, now unknown, in the Morgan District Superior Court. On 12 March 1789 the clerk of Morgan Superior Court commanded the sheriff of Rutherford County to seize property of Zachariah Magness to the value of 54 pounds 9 shillings "which lately in Morgan Superior Court of Law & Equity the State recovered against him for debt & costs in that case expended whereof the said Zachariah Magness is convicted and liable as appears of record." (The sheriff reported that no goods were found by him.) This obviously was not the rape case, which involved a bond of 500 pounds. The sheriff found no property of Zachariah Magness; probably Zachariah had already left the county and the state. Where Zachariah went is not known, but apparently he had died without heirs by 1816, as neither he nor his heirs made any claim on the estate of his brother William Magness.

Arabella Magness and William Alexander:
30 Oct. 1787. Rutherford Co., N.C., Warrant to bring William Alexander before Jno. Riggs, Justice of the Peace, to any lawful officer of Rutherford Co. Arrabella Magness, wife to Joseph Magness, complains on oath that said Alexander on Saturday, Oct. 20, did with force "enter into her bed where she lay at the house of William Magnesses" and attempted "to commit a Rape on her," and would have "if it had not been for Zachariah Magness who came & Prevented his bad & wicked intention." Also said Alexander on Oct. 26th "did come into the house of William Magness's and in the dead time of the said night did then and there come into her bed when she was asleep...[and] contrary to her will did then and there Feloniously Ravish her the said Arrabella"
6 Nov. 1787. Rutherford Co. N.C. Jno. Riggs, Justice of the Peace, to the sheriff of gaol [jail] keeper of Morgan District. Riggs sends "the body of William Alexander, apprehended for forceably commiting a Rape on the body of Arrabella Magness the wife of Joseph Magness on friday night the 26 of October last... him safely keep in the gaol...without Bale...fail not."
14 Jan. 1788.Rutherford Co., N.C. George More, Justice of the Peace. William Graham is security for 100 pounds for Arrabella Magness wife of Joseph Magness to appear on 1 March in Superior Court of Law & Equity to prosecute William Alexander for rape.

Zachariah Magness
30 Oct. 1787.Rutherford Co., N.C. Jno. Riggs, Justice of the Peace, to any lawful Officer of said County, warrant to bring Zachariah Magness before him or some other J.P. Arrabella Magness, wife to Joseph Magness, complains that on Saturday, Oct. 20th "Zachariah Magness did come in a forceable manner into her bed where she was alying and did violently make and assault and with force did then and there endeavour to Ravish her the said Arrabella, the first time he came in said night, and afterwards in the said night, he did come again into her bed, and when she awoke, did find him the said Zachariah Magness upon her and carnally aknowing of her, contrary to her knowledge 7 will..."
16 Jan. 1788. Rutherford Co., N.C. Jno. Riggs, Jas. Whiteside, Wm. Grant,and Stephen Willis, all Justices of the Peace, to the sheriff of Rutherford County and to the Gaoler of Morgan Superior Court & Gaol, "send you the body of the said Zachary Magness... him safely keep within the walls of your prison until he shall be thence Discharged by due course of law..." [No mention of bail] He is "charged with Rape and Incest by the oath of Arrabella Magness..."
at January Court 1788. Rutherford Co., N.C. Zachariah Magness is indebted to the State of North Carolina 500 pounds; debt to be void if he makes his personal appearance on March 1 at Morgan Superior Court "to answer a charge of Rape...& not depart thence without leave"

his
Zach X Magness
mark

Perry Magness, security, is indebted to State 250 pounds if Zachariah does not appear.
Elias Morgan, security, is indebted to State 250 pounds if Zachariah does not appear.

March term 1788. Morgan District, N.C., Superior Court of Law & Equity.
A true bill [from the grand jury. An indictment, meaning that the defendant must stand trial for this offense.] W. Avery, attorney for the state. "The Jurors for the State upon their oath, present that Zachariah Magness late of the County of Rutherford Labourer on the Night" of October 20, 1787, made an assault "upon one Arabella Magness wife of Joseph Magness... forcibly to ravish & carnally know her the said Arabella... against the peace & Dignity of the State.

January Court 1788. Rutherford Co., N.C. Deposition of Robert Wier.
"On a complaint Arrabella Magness wife of Joseph Magness against Zachariah Magness now under consideration of the court -- Incest & Rape.

Robert Wier maketh oath that he was at the house of William Graham Esquire about a week after the affair happened which is now the cause of complaint before the court. That after some other conversation passed, the above named Arrabella did not mention to him the deponent anything for her being ravished by Zac; Magness, but said words to this effect, that William Alexander and Zac: Magness had to do with her three times each in one night -- twice she was awake and four times asleep -- he the deponent asked the reason why she did not cry out for assistance. She answered that they, meaning Zac: and William, requested that she ought not to make a noise lest the negroes should hear her or them -- and further that she said that the first time William had to do with her she did cry out for Zachariah.
Sworn & signed in open court.         "Robert Wier"

12 March 1788. William Erwin, clerk of Morgan District, to Sheriff of Rutherford Co., N.C. Make known to Zachariah Magness, Peregrine Magness, and Elias Morgan to "appear before the Judges of Morgan Superior Court" on Sept. 1 to show cause if any why final judgment should not be had against them and they forfeit for Zachariah 500 pounds and 250 pounds each for Peregrine and for Elias Morgan.     Endorsed on the back: "August 19th... Maid known in the presence of John Roberts & John Ward by Me Yelvaton Nevill C shff"

12 March 1789. "To the Sheriff of Rutherford County, Greeting. We command you that of the goods and chattels Lands and Tenements of Zachariah Magness you make the sum of Fifty four Pounds Nine shillings which lately in Morgan Superior Court of Law & Equity the State recovered against him for debt & costs in that case expended whereof the said Zachariah Magness is convicted and liable as appears of record and have the said monies to pay into my office on the first day of September Next. Witness William Erwin clerk of said court at office the 12 day of March 1789."
[On the back.} "State vs. Magness to Morgan Sup. Ct. March 1789"
September
Know goods found by me Heardford [?] D Shff

Know goods found by Robt. Irvine shff [Illegible date] 1789

7 November 1787. Rutherford Co., NC. Jno Rigg, Justice of the Peace to any Lawfull Officer of sd. County, warrant to bring Joseph Magness before him or any other J.P. to answer complaint of Arrabella Magness wife of Joseph Magness "that she has good cause to suspect that her husband Joseph Magness was present Aiding and Assisting or procuring her being Ravished by William Allexander on the night of the 26 of October last."
"Summons George Magness and Anneriter McCray for Evidence in the above case"

9 Nov. 1787. Jno. Riggs, J.P. Joseph Magness and John Magness, his security, make bond for 200 pounds each that "Joseph Magness should personally appear at our Next Superior Court to be held on the first day of March Next at the court House of Morgan District to Answer the Accusation of Arribella Magness his wife on Suspition of his procuring her being Ravished."

Georged Magness
12 Sept. 1789. Morgan District, NC. William Erwin, Clerk of Superior Court to sheriff of Rutherford Co., NC. George Magness made bond for 100 pounds and Peregrine Magness and John Magness, his securities, for 50 pounds each, on condition that George Magness appear in Superior Court "for Morgan District at Burke Court House' on Sept. 1. "They were solemnly called failled to appear" and judgment was entered against them for 200 pounds. They are to be notified to appear in Superior Court on March 1, [1790]
Endorsed on the back thus:
Jan. 27th 1790 Perygreen Magness notified in presence Thos. Harden and John Roberts.       Robt. Irvine     Shff
John Magness Notfd. in presence of Thom Coventon   John Herod by me       Robt. Irvine Shff
George Magness Notfd. in Presents of Thos. Camp and James Camp by me
      Robt. Irvine Shff

Robert Magness
7 January 1793. Rutherford Co., NC. Wm. Graham, Justice of the Peace, receives complaint of Robert Magness that William Tate does detain from him his lawful property, a bay horse with a blaze face.

10 January 1793. Wm. Graham, J.P., took depositions in the above case from Isaac Collins, Thomas Harrid, Jr., Jonathan Fouch, and John Fouch.
Deposition of George Magness:
"George Magness saith 25th Decbr. 1792 he & his brother Robert met William Tate Between his fathers & his house." At that time Robert Magness and Tate swapped horses, with Tate giving 6 pounds boot. If not satisfied, Magness could have his horse back within a week or ten days.
        Signed     George Magness
Wm Graham took bond of 20 pounds each from William Tate and his security James Burkendol. Also from Robert Magness, George Magness, Isaac Collins, and Thomas Harrid, Jr. All are to appear in Morgan Superior Court on March 1, 1793.

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