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From: "Jemima Gee Morse" <>
Subject: [DOBBINS] DOBBIN/DOBYN, MONTGOMERY CO., VA., IN ELIZABETH ELSWICK'S COURT RECORDS
Date: Thu, 1 Jun 2000 16:23:56 -0400


A Polly and Anderson Dobbins, and an Abner Dobyn are mentioned in
the Elizabeth Elswick Montgomery Co., VA., court records in
1824-1826. I would appreciate any help in placing the family, and
others named in these records. I descend from Mary Elwick, b.
1741 and Elizabeth may be her niece.

Mary Elswick, b. 1741, m. Archibald Thompson, b. 1736, in 1760.
Archibald left a diary, index and transcript of which can be
found at http:///www.public.asu.edu/~moore/archibald/ I have
posted a separate message about the entries for Dobbins in the
diary, which placed the family in Montgomery about 1800.

Surnames in these court records for this suit: Anderson, Bishop,
Cecil,
Charlton, Crandal, Compton, Covey, Cox, Currin, Dobbins, Dobyn,
Elswick, Gardner, Goodson, Godbey, Hall , Hayes, Howerton,
Hughes, Jones, Kent, Lester, Lewis, Lorton, Pepper, Rupe, Smith,
Taylor, Thomas, Wade


NOTE: Hand-written entries on forms are typed in capitals.
Documents are dated 1823, 1824, 1825 and 1826, and are numbered
1-16.

(Document 1) 8 September 1823

Virginia Montgomery County To Wit The grand jurors for the
Commonwealth and for the body of the County of Montgomery
impaneled in the Superior Court of Law held for said county the
8th day of September in the year of Christ One thousand eight
hundred and twenty three upon their oath present That Elizabeth
Elswick late of the county of Montgomery aforesaid spinster.

On the tenth day of June in the year of Christ one thousand eight
hundred and twenty three at the County of Montgomery aforesaid
and within the jurisdiction of the Superior Court of Law
appointed by law to be holden in and for the County of Montgomery
aforesaid with force and arms an assault did make in and upon the
body of one Polly Dobbins in the peace of God and of the
Commonwealth then & there being and her the said Polly Dobbins
she the said Elizabeth Elswick did then and there beat wound and
ill treat and other wrongs and enormities then and there did
commit to the evil example of all others in like cases offending
and against the peace and dignity of the Commonwealth upon the
Information of Polly Dobbins, spinster of Montgomery County who
was called on by the Grand jury and Sworn in court to give
evidence to the Grand jury.

(Document 2)16 Sept 1823

Commonwealth of Virginia, To the Sheriff of Montgomery County.
Greeting. We command you that you summon Elizabeth Elswick to
appear before the Judge of the Superior Court of law for said
county at the court house on the 1st day of April Term next to
answer a bill of indictment found against her by the Grand Jury
for a breach of the peace by beating wounding and ill treating
one Polly Dobbins.

And have then there this wit. Witness Charles Taylor Clerk of our
said court at court house this 16th day of September 1823 in the
48th year of the Commonwealth.
/s/
Charles Taylor

(Document 3) 31 July 1824

Know all men by these presents, that we ELIZABETH ELSWICK AND
WILLIAM HAYS are held and firmly bound unto ANDREW LEWIS Esq.
Sheriff of Montgomery County, in the penal sum of FIVE HUNDRED
DOLLARS cents to be paid to the said ANDREW LEWIS or HIS certain
attorney, HIS executors, administrators or assigns to which
payment well and truly to be made, we bind ourselves jointly and
severally, and each of our joint and several heirs, executors &
administrators, firmly by these presents. Sealed with our seals
and dated this 31ST day of JULY one thousand eight hundred and
twenty four

The Condition of the above obligation is such, that whereas THE
COMMONWEALTH hath sued out of the SUPERIOR Court of MONTGOMERY a
writ of Capias ___________against the body of the above bound
ELIZABETH ELSWICK UPON AN INDICTMENT FOR BREACH OF THE PEACE BY
BEATING WOUNDING AND ILLTREATING ONE POLLY DOBBINS
which writ hath been duly executed. Now if the above bound
ELIZABETH ELSWICK do and shall well and truly make HER personal
appearance before the JUDGE of our SAID SUPERIOR COURT at the
Court House, on the 1st day of the next term and then and there
answer the INDICTMENT
Then the above obligation to be void; else to remain in full
force and virtue.
Signed, Sealed and delivered in presence of

/s/ROBERT KENT

/s/ ELIZABETH X ELSWICK (her mark) (seal)
/s/ WM. HAYS (seal)

(Document 4) 1823, 1824 (A three-fold document)
(Left)
We of the jury find the defendant guilty and assess her ______ to
Twenty Dollars
W B Charlton

Numbers: 96; 62; 18; 70; 1.00; 38; 72; 40 Total $4.96 c__
10.00 att; 1.59 wit; 2.73 _____. Total $19.28

(Center)
Commonwealth
vs } Indictment for a breach of the peace

Elizabeth Elswick

A true Bill
Wm. Thomas
forman
1823
A__ Judgt.

(Right)
1823
Sept. Bill presents
& ____ awarded
1824
Afsd ___ awarded
___ Not Guilty &
____& cont at
dep__ costs

(Document 5) 19 April 1825

The Commonwealth of Virginia, To the Sheriff of Montgomery County
Greeting:
We command you, that of the goods and chattles of ELIZABETH
ELSWICK late in your bailiwick, you cause to be made TWENTY
DOLLARS which THE COMMONWEALTH lately in or SUPERIOR Court of
Montgomery have recovered against HER FOR AMERCEMENT FOR A BREACH
OF THE PEACE also $19.28 CENTS which to the said COMMONWEATH in
the same Court were adjudged for HER costs in that behalf
expended, whereof the said ELSWICK is convict as appears to us of
record and that you have the same before the JUDGE of our said
COURT at the Court house on the first MONDAY in JUNE next, to
render unto the said COMMONWEALTH of the FINE and cost aforesaid,
and have then there this writ.
Witness Charles Taylor Clerk of our said Court, at the Court
house this 19TH day of APRIL 1825 in the 49TH year of the
commonwealth.
/s/ Charles Taylor

(Document 6) 20 June 1825

The Commonwealth of Virginia, To the Sheriff of MONTGOMERY County
Greeting:
We command You to take ELIZABETH ELSWICK late of sd county if she
be found within you your bailiwick, and HER safely keep so that
you HAVE HER body before our JUDGES of superior Court, at the
Court House, on the first MONDAY in AUGUST, next to satisfy THE
COMMONWEALTH THE SUM OF TWENTY DOLLARS which the said
COMMONWEALTH recovered against HER for AMERCEMENT FOR A BREACH OF
THE PEACE also the sum of $19.68 which to us in the same court
were adjudged for OUR costs in that BEHALF expended, whereof SHE
IS convict as appears to us of record. And have then there this
writ: Witness Charles Taylor Clerk of our said Court at the Court
House the 20 day of JUNE 1825 in the 49 year of the Commonwealth
/s/ CHARLES TAYLOR

(Document 7) August 1, 1825

A schedule of the whole estate of Elizabeth Elswick who is in
custody of the Sheriff an Execution the Commonwealth __ her paid
from the Clerks office of the superior Court of Law for
Montgomery County no estate whatever wearing apparel excepted,
and no debts owing.
August the 1st 1825.

/s/ Elizabeth X Elswick (her mark)

(Document 8)19 Oct 1826

Montgomery County Wit
Whereas I have received Information upon oath from James Howerton
and Anderson Dobbins that the following property To Wit 1 sheet,
2 shirts, 2 shifts, one furkin of lard, 2 cambric dresses &
capes, 7 yds of flax thread, 1 cravat, one piece of netting has
within the last of July last past been feloniously taken Stolen
and Carryed a way out of the possession of the sd James Howerton
and Anderson Dobbins in the county a foresaid and that the said
James Howerton and Anderson Dobbins hath probable cause to
suspect and doth suspect that the sd property is conceald on the
premises of William Hayes of this county labourer Deposited there
by By Betsey Elswick, these are there fore In The Name of the
Commonwealth to authorise and require you with necessary and
proper assistants to Enter in the Day time into the houses and
premises of William Hayes and there make diligent Search for the
sd goods and if the above goods or any part thereof is found upon
search that you bring the same and also the bodys of William
Hayes Lydda Hayes and Betsey Elswick before me or some other
Justice of the peace for this county to be disposed of and dealt
with according to law. Given under my hand and seal this 19th day
of October 1826.

To Henry Bishop to Execute} G. Godbey __

(Document 9) 1826
Commonwealth
vs search warrant

Wm Hayes, Lydda Hayes and Betsey Elswick
Executed and found cotton and thread cloth 2 flowered capes;1
cambric dress;1 pair of scissors; 1 bundle of pieces; 1 apron two
shirts; 1 cape two pieces clo; 7 hanks of flax; thread 1 piece of
netting

/s/ Hy. Bishop, ____


(Document 10) 21 Oct 1826

Montgomery County to Wit
Memorandum that upon this 21st day of October in the year of
Christ 1826 John dobbins _, Asa Hall, Elizabeth Dobbins, Peggy
dobbins, Allen Crandal, Crockett Crandal, Lydda Hayes, Polly
Dobbins, Wm Covey, Polly Rupe, Henry Bishop, James Howerton,
Anderson Dobbins, prossecutors, of the said county aforesaid came
before me, G. Godbey a Justice of the peace for the county
aforsd. and Each of them of their proper person Acknowledged
themselves Indebeted to John Tylor, Esq., Governor (Chief
Magistrate) of the Commonwealth of Virginia and his successors in
the sum of 40 dollars to be levied severally of Each of their
Goods and chattles lands and tenements Respectively to the use of
the sd Commonwealth upon condition that if each of them do
personally appear before the Commonwealth justices of the peace
for the said County of Montgomery on the 30th of this Inst. at a
court to be held at the Court house for the Examination of Betsey
Elswick charged with stealing and carrying away and concealing
diverse goods and ___ and do then and there on behalf of the
Commonwealth give such Evidence as he knoweth against the sd.
Betsey Elswick concerning the matters where with she is charged
and that neither of them do depart with out leave of the sd.
Court then this Recognizance to be void Else to remain in full
force.
Acknowledged before me
/s/ G Godbey

(Document 11) 21 Oct 1826

Montgomery County to Wit
To William Wade keeper of the jail of said County
I Lend you herewith the body of Betsey Elswick spinster
Taken and brought before me for feloniously stealing and carrying
a way divers pieces of property from James Howerton and Anderson
Dobbins to wit 1 sheet 2 shirts 2 cambric dresses 2 capes and
other articles within the last of July last past.
These are therefore in the name of the Commonwealth to command
and Require the sd jailor to Receive the body of Betsey Elswick
into your jail and custody and her there safely to keep till she
shall be thence discharged by due course of law. Given under my
hand and seal this 21st of October 1826.
/s/ George Godby (seal)

(Document 12) 21 Oct 1826

Montgomery County to Wit
To Robert Kent DS for Thos Goodson
Whereas Betsey Elswick of the County of Montgomery Spinster was
this day committed to the jail of the county by my warrant for
feloniously stealing and carrying out of the possession of James
Howerton and Anderson Dobbins the following property To Wit 1
sheet 2 shirts 2 shifts one furkin of lard 2 cambric dresses 3
___ 7 yrds of flax thread 1 cravat one piece of netting which
property was feloniously stolen and carryed a way within the ___
of July last past and it appearing to me that the felonious
offense where with she stands charged with ought to be examined
___ by the County Court therefore on behalf of the Commonwealth I
require you that you summon at least Eight of the Justices of
this county to meet at the Court house on the 30th of this _____
of and then and there to hold a court for the examination of the
fact with which the sd Betsey Elswick stands charged and for such
other purposes concerning the premises as is by law required and
directed and that you have then and there this warrant given
under my hand & seal this 21st of October 1826.

/s/ G. Godbey (seal)

(Document 13) October 30, 1826

The Commonwealth of Virginia, To the Sheriff of MONTGOMERY county
Greeting:

We command You to summon THOMAS LORTON, POLLY LORTON, JAMES
COMPTON, BETSEY COMPTON, MATILDA?_SMITH , LUKE COX? JOHN HUGHES,
AMBROSE COX MARGARET SMITH AND JONATHAN ELSWICK to appear before
the JUSTICES of our Court of Montgomery county at the court house
on the THIRD day of NOVEMBER next to testify and the truth to say
in behalf of BETSEY ELSWICK in a certain matter of controversy in
our said court depending and undetermined between THE COMMONWEATH
AND THE SAID BETSEY ELSWICK and this THEY shall in no wise omit
under the penalty of #100 and this THEY shall in on wise omit
under the penalty of (pound sign) 100. And have thern there this
writ. Witness Charles Taylor, Clerk of our said court at the
court house the 30TH day of OCTOBER 1826 in the 51ST year of the
Commonwealth.
/s/ CHARLES TAYLOR

(Document 14) Dec 9 , 1826
Summon to appear on the 19 Dec 1826

Montgomery County To Wit

To the Sheriff of the said County
Whereas Betsey Elswick of the county of Montgomery afrdsd
spinster was this day committed to the jail of this county by my
warrant Feloniously stealing and carrying a way about seven yards
of Flax thread (the property of Abner Dobyn) it appearing to me
that the felonious offense wherewith she stands charged ought to
be examined into by the county court. Therefore in behalf of the
Commonwealth I require you that you summon at least eight of the
Justices of your said county to meet at the Court house on the
19th day of this ____ and then and there to hold a court for the
examination of the fact with which the said Betsey Elswick stands
charged and for such other purposes concerning the premises as is
by law required and directed, and that you have then there this
warrant. Given under my hand and seal this 9th day of December
1826.
/s/ Hamilton Wade (seal)


Not dated, but copy is attached to Wade's summon.
Commonwealth }to summon
Betsy Elswick
Summoned
Robert Gardner, Hugh M __Kent, Wm. Anderson, Haml. Wade, W.B.
Charlton, John Pepper, Wm Currin & John G. Cecil, Esq. John N.
Charlton Dsfor
/s/Thos. Goodson, S__

(Document 15) 12 Dec 1826

The Commonwealth of Virginia, To the Sheriff of MONTGOMERY county
Greeting:
We command that you summon Elizabeth Elswick to appear before the
Judge of the Superior Court of law for said county writ. Witness
Charles Taylor, Clerk of our said court at the court house the
12TH day of DEC 1826 in the 51ST year of the Commonwealth.
/s/ CHARLES TAYLOR.


(Document 16) 12 Dec 1826

The Commonwealth of Virginia, To the Sheriff of MONTGOMERY county
Greeting:
We command You to summon THOMAS LORTON, POLLY LORTON, RACHEL
HUGHES, LYDIA HAYES, ELIZA HAYES, STEPHEN LESTER, GEORGE JONES,
JAMES CUMPTON, WM. COVEY, TOM HAYES, JONTHAN ELSWICK to appear
before the JUSTICE of our Court of Montgomery county at the court
house on the 19TH day of this month to testify and the truth to
say in behalf of ELIZABETH ELSWICK in a certain matter of
controversy in our said court depending and undetermined between
THE COMMONWEATH AND THE SAID ELIZABETH ELSWICK CHARGED WITH
FELONY and THEY shall in on wise omit under the penalty of #100.
And have them there this writ. Witness Charles Taylor, Clerk of
our said court at the court house the 12TH day of DEC 1826 in the
51ST year of the Commonwealth.
/s/ CHARLES TAYLOR.













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