Person:Zachariah Spencer (2)

Lincoln County, North Carolina Court Minutes

[Compilers: Kathy Gunter Sullivan, Anne Williams McAllister "Civil Action Papers 1771-1806 of the County Court of Pleas & Quarter Sessions, Lincoln County, North Carolina" 1989.]
A Sample of a 1784 Lincoln County Criminal Action

During the course of proceedings in the County Court of Pleas & Quarter Sessions, a variety of loose papers were created. The papers include documents of evidence (such as depositions, promissory notes, letters), orders issued out of the County Clerk's office (such as Writs of Arrest, Writs of Attachment, Orders to sell land to satisfy debts), and many, many other kinds of papers. The loose papers are filed at North Carolina Archives under the classification "Civil Action Papers" or "Criminal Action Papers."

These records have not been microfilmed, and are not indexed (they are filed by date). The only publication of Lincoln County's civil action papers is by Anne Williams McAllister and Kathy Gunter Sullivan, "Civil Action Papers 1771-1806 of the County Court of Pleas & Quarter Sessions, Lincoln County, North Carolina" (by compilers: 1989).

The following excerpt is #1053a from the McAllister-Sullivan book and is typical of the kinds of charges instigated near the close of the Revolutionary War. The originals of these papers are filed at North Carolina Archives under call number CRX 298.

A bit of explanation may be helpful. Robert Walker has reported that Zachariah Spencer has made treasonous statements. When illegal actions come to the attention of the authorities, it is the State's duty to prosecute the perpetrators.

State's Attorney Spruce McCay prepared a Bill of Indictment for presentation to the Grand Jury. Bills of Indictment always have very strong language as you will see in this one. The Jurors will hear the testimony of Robert Walker. Walker is the private citizen who reported Spencer's statements, thus he is referred to as "the prosecutor." This term does not refer to a County solicitor - it always refers to the informant. In addition to Walker's testimony, other witnesses were subpoenaed. They were William Moore and Joel Jetton.

After hearing the evidence and debating its merits the Grand Jury may pronounce the Indictment "A True Bill" which means there is sufficient evidence to prosecute. This is not a pronouncement of guilt or innocence; it is only an evaluation of the evidence. If the Grand Jury pronounces the Indictment "Not A True Bill" then they are unconvinced that the evidence is sufficient to go to trial. You will see the phrase "Sworn & Sent." This means that the Clerk of County Court has sworn in the Jurors and they have been sent to the jury room to make their deliberations.

[abstract of original document begins here, comments in brackets by KGS:] The State v. Zachariah SPENCER: Indictment Misdemanor. To April Sessions 1784, Lincoln Co. [meaning "for return to April Sessions 1784 of Lincoln Co. Court."] Prosecutor: Robt WALKER Witnesses: Robert WALKER, Wm MOORE, Joel JETON. The Jurors present upon their oath that Zachariah Spencer, yeoman, being a wicked, pernicious & seditious man & a person of depraved, impious mind & of a seditious disposition & conversation & contriving & practising & falsely, diabollically, maliciously, turbently [turbulently] & seditiously intending the peace & common tranqulity of our State & Government to disquiet, molest & disturb & bring to our Government hatred, contempt & scandal with the good & faithful citizens & to scandalize & vilify our most happy Government & the public credit & faith to ruin & distroy & to vilify, scandalize & depreciate our lawful money did on 30 March 1784 in the presence & hearing of divers good & faithful citizens did say, assert, affirm & pronounce with a loud voice in English words the following, to wit: that he would not have our lawful money, that it was worth nothing & they may be damned that made it - meaning our General Assembly & that they had no authority. . . [signed:] Spruce MCCAY, Attorney for the State. Sworn & Sent, Jo. DICKSON, C.C. [Clerk of County Court] [The Jurors have found the evidence convincing. The foreman has written their opinion on the cover of the Indictment and has signed his name, as follows:] A True Bill. Edward HUNTER, Foreman

[End abstract of Bill of Indictment]

Zachariah Spencer had been brought into Court at April Sessions, and notified of the charges against him. Spencer was ordered to appear at Court the next day to hear the results of the Grand Jury's deliberations. Spencer had the choice of remaining in jail overnight or of posting bond guaranteeing his attendance. Surety on Spencer's Recognizance Bond was William Varner. But Spencer failed to appear at Court the next day, as did his surety Mr. Varner, therefore, both men were liable for the amounts of the Recognizance Bond. The next document is a Writ issued by the Clerk of County Court ordering the Sheriff to notify Spencer and Varner that, unless they can show good cause, they must each pay the sums guaranteed by their bonds. The Sheriff must have witnesses when he serves the Writ, and these witnesses were Joel Jetton and James Hunt.

[Abstract of Writ begins here:] State vs Zak SPENCER & Wm VARNER: Sciri Facias to July Sessions 1784. Whereas Zachariah Spencer, Planter, was bound in Recognisance on 6 April in Open Court in £100 & Wm Varner his Security in £50 to be void on condition that Spencer appear Wednesday the next day & answer a Bill of Indictment against him by the Grand Jury on which day Zachariah Spencer was solemnly called & failed to appear & therefore forfeited his Recognizance & William Varner as Secuity being called failed to surrender up the principle [Zachariah Spencer], therefore his Recognizance of £50 is forfeited; make known to Zachariah Spencer, principle, to appear at Court at Henry DELLINGER's on the first Monday in July to show caws why he shall not pay to us the sum of £100 & allso Wm Varner to shew caws why he shall not pay unto us the sum of £50 & have you the names of the men before whom you shall have maid these presents known, [signed] Joseph DICKSON, Clerk at Office 10 April 1784. [Here is the Sheriff's report:] Made known to Wm Varner in presence of Joel JETTON & James HUNT. Zachariah Spencer not found, [signed] Jo. HENRY, Sheriff.

[End of Writ of Scire facias]