Circuit Court Minutes – First Session, October, 1810
Tuesday Morning Court met according to adjournment. Present the Honorable Wm. Cocke The court then proceeded to the appointment of a Clerk of the Circuit Court of law & Equity in and for the County of Hawkins aforesaid and thereupon did appoint Thomas Cocke to that office. Whereupon the said Thomas Cocke together with John Cocke and F. Jack his securities entered into bonds in the following words to wit –
Know all men by these presents that we Thos. Cocke, John Cocke, & John F. Jack are held and Firmley bound unto Willie Blount Governor in & over the State of Tennessee in the sum of ten thousand dollars to be paid unto the said Willie Blount or his successors in office to the which payment well & truly to be made we bind ourselves. [page 4] or our heirs executors and administrators firmly by these presents sealed with our seales and dated this second day of October A. D. 1810.
The condition of the above obligation is such that whereas the above bounden Thomas Cocke hath the day of the date hereof been appointed Clerk of the Circuit Court of Hawkins County within the first Circuit. Now if the said Thomas Cocke shall safely keep the Records of said Court & shall faithfully discharge the duties of his said office then the obligation to be void otherwise to remain in full force and virtue in Law.
Signed sealed & delivered Thomas Cocke (Seal) in open court. John Cocke (Seal) Judge of the first Circuit John F. Jack (Seal)
Know all men by these presents that we Thomas Cocke, John Cocke, & John F. Jack are held & firmly bound unto Willie Blount Govenor in and over the State of Tennessee in the sum of one thousand dollars to be paid unto the said Willie Blount or his successors in office to the which payment well & truly to be made we bind ourselves our heirs executors & administrators firmly by these presents sealed with our seals and dated this second day of October A. D. 1810.
The condition of the above obligation is such that whereas the above bounden Thomas Cocke hath the day of the date hereof been appointed Clerk of the Circuit Court for Hawkins County within the first Circuit now if the Said Thomas Cocke shall well truly & faithfully account for and pay unto the Treasurer of the District of Washington and Hamilton all publick monies which [page 5] he shall receive at the time and in the manner perscribed by Law then the above obligation to be void and of none effect otherwise to remain in full force and virtus in law. Signed sealed & delivered Thomas Cocke (Seal) in open court. John Cocke (Seal) Wm. Cocke Judge of first Circuit John F. Jack (Seal)
Know all men by these presents that we Thomas Cocke, John Cocke, John F. Jack are held & firmly bound unto Willie Blount Govenor in & over the State of Tennessee in the Sum of five hundred dollars to be paid unto the Said Willie Bount or his successors in office to the which payment well and truly to be made and done we bind ourselbes our heirs executors & administrators firmly by these presents Sealed with our Seals and dated this Second day of October A. D. 1810.
Know that the condition of the above obligation is such that whereas the above bounden Thomas Cocke hath the day of the date hereof been appointed Clerk of the Circuit Court for Hawkins County within the first Circuit now if the Said Thomas Cocke shall well truly & faithfully account for and pay unto the people of the State of Tennessee all such Sums of money as he shall receive and which is or shall be by law made payable to them. Then the above obligation to be void and of none effect. Otherwise to remain in full force and virtue in law. Signed sealed & delivered Thomas Cocke (Seal) in open court. John Cocke (Seal) Wm. Cocke Judge of first Circuit John F. Jack (Seal) Judge of the first Circuit
[page 6] Whereupon on oath was administered to the Said Thomas Cocke in due form of law to Support the constitution of the United Sates the constitution of the State of Tennessee and also the oath of Office as prescribed by law. Den of the demise Appeal of Thomas Ingram Vs This day came the Said George Moody defendant Richard Fen and by John Kennedy Esqr. His attorney & with the George Moody leave of the Court first and Enters a rule to show cause why the Judgments of the County Court should be affirmed alledging that the transcript of the record in this cause had not been brought into this court in due time and also that the bond given for the prosecution of Said appeal was not incorporated with and made part of the transcript and because the Court is not yet advised what Judgment ought to be pronounced in this cause will advise thereof.
John Blair This day came the said John Blair by John Vs Kennedy Esqr. His attorney and moves the Daniel Coffman & court for a continuance of this cause till Thomas Blackburn the next term of this court on facts dis- closed in an affidavit Sworn to by Said plaintiff which affidavit being read to the Court & considered by the court it is ordered by the court that said cause be continued till the next term of this court.
Court adjourns for one hour – Court met according to adjournment. Present the Honorable Wm. Cocke.
[page 7] George Landerberger & George Lendenberger and Christopher Lendenberger by Samuel Vs Powel Esqr. Their attorney with Hezekiah Hamblen leave of the court enters a rule to show cause why Writs of Cer- teorari directed to Richard Mitchell Clerk of the Court of pleas do. For Hawkins County requireing him to transmit to the next term of this court a perfect copy of the proceedings had in Said Court in this cause a Writ of Superoedeas directed to Hezekiah Hamblen & all others requireing them to stay and all other & further proceedings in this case.
The argument of this rule with consent of cousel by leave of the court is continued till next court.
A Deed of conveyance from Robert King to John King for a tract of land containing four hundred acres be the same more or less was proven in open court by the oath of James McNaire one of the subscribing witnesses thereto and admitted to Record let it be Recorded.
State This day the said Obediah Gent was brought into Vs court and being charged on the bill of Indictment Obediah Gent which was found against him by the Grand Jury for plea thereto in his proper person says he is not guilty in manner and form as therein against him is alledged and the said Obediah Gent by Samuel Powel his attorney presents to the court an affidavit Sworn to by the Said [page 8] Obediah Gent alledging that he can not have a fair and impartial trial in any of the counties of Green, Washington, Carter, Sullivan, Hawkins or Grainger and thereupon moves that the venire be changed which being read and considered of by the court it is ordered by the court that the venire be not changed.
State This day the said James Breeden was brought Vs T.A.B. into court and being on the bill of Indictment James Breeden found against him by the grand Jury for plea thereto in his proper person, says he is guilty in manner and form as therein against him hath alledged. It is therefor considered by the Court that the said defendant James for such his offence make his fine by the payment of forty dollars and that he pay the cost of this prosecution and it is ordered that Execution issue accordingly.
Thomas McCollough Certiorari Vs Joseph McCollough This day came the Said Thomas McCollough plaintiff by John Kennedy Esquire his attorney and with leave of the courts enters a rule to Show cause why the Writ of Certiorari granted to Joseph McCollough should be set aside and after argument of council being herd in Support of said rule it is ordered by the court that Said rule be discharged to which opinion of the court Said plaintiff Thomas by his said attorney excepts in law and tenders his bill of exceptions which is Signed & Sealed by the Honorabe Wm. Cocke in these words to wit – State of Tennessee Hawkins County, [page 9] Circuit_____ October Sessions 1810. Thomas McCollough, Jos. McCollough and now to wit, on this Second day of October 1810 this cause came on to be argued on a motion to dismiss the Writ of Certiorari is this cause granted on the ground that a Judg. by the Constitution and laws of this State possesses no power to issue a Writ of Certiorari & Supercedeas and on argument the court was of an oppinion that a Jedge of the Circuit Court has power to issue a Writ of certiorari & Supercedeas before a Clerk is appointed and when there is no Clerk out of Court and not in term time To which opnion the Said Thomas McCollough by John Kennedy his attorney doth except in law and tenders this bill of Exception and prays that the Same be Signed & Sealed. Which is done accordingly this Second day of October 1810 Wm. Cocke (Seal) Judge of the first Circuit
Court adjourns till tomorrow 8 oclock. Wm. Cocke (Seal) Judge of the first Circuit