Thomas Gadd in Monongalia Fuss
While researching my ancestors (Daniel Severns and William Waller), I came acrosss this incident:
Monongalia Fuss
Monongalia County, (West) Virginia, Records of the District, Superior and County Courts, vol. 3: 1804 - 1810, compiled by Melba Pender Zinn. On page 27-28, the following (spelling and punctuation as found in the source):
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81 - 1804, District Court, Monongalia County. Henry MILLER summoned to answer Moses MATHENY in a plea of assault damage $500, --February 1803. Gray and James WEBSTER, Abigail and Joseph PENROSE, William WALLER, John SUMMERS, Adam WOLF, John CHIPPS, Robert CONNER, John FORMAN, Absolom and Jonathan BRANDON summoned to testify in behalf of MILLER, 17 August 1804. Elizabeth HARRY and James DUNWOODY summoned to testify in behalf of MILLER, 18 September 1804. Thomas GADD, Thomas BURCHENAL, John CONNER, Robert DUNWOODY, James PARKER and Nathan METHENY summoned to testify in behalf of Matheny, 11 August 1804. Joseph and Daniel SEVERNS, Samuel CRANE and Epram MATHENY summoned to testify in behalf of Moses Matheny 18 September 1804. Matheny came before the court and swore that Miller did commit the assault and that he had cause to believe that Miller would leave the Commonwealth "before a judgement can be rendered in order to evade the remedy given by law in such case," February 1803. Henry said he was only defending himself as Moses made the first assault and therefore Moses should not have maintained action against him. John KEFFER, of Washington Town, Washington County, Pennsylvania was called to be questioned but his deposition was not found. Deposition of Dr. Francis BEANS?, of Washington County, Pennsylvania: Dr. Beans testified that some time in the fall of 1802, Moses Matheny came to him complaining that a certain ______ Miller had gouged him in the right eye. Beans said the eye appeared to be in bad condition and he applied some powders and noticed a cut in the corner of the eye and phlegm growing over the eye. Matheny went to the doctor again in December and the eye was mending but still clouded and he gave Metheny medicine to apply to his eye. The doctor said in his professional opinion Matheny would never "come to his usual sight." The doctor said Metheny paid for his services and medicine but could not recall the amount, 17 January 1804. Appearance Bond for Miller secured by James Webster, 15 March 1803. Bail Bond for Miller secured by James Webster, 14 May 1803. September 1804 term of court, verdict and judgement for the defendant.
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