State}
v.} For stealing a Ploughshear, hogs and some
Pat Murphey } other Things
The Court are of Opinion that the defendant pay 33L. 6s. 8d. to Zachr. Isbell for his Hog & 26L. 13s. 4 to Thos. Evans for his Hog and ten pounds fine And also receive Twenty Lashes on his bare Back well laid on by the Sheriff or Deputy.
The other entry was:
Ordered that John Murphey be fined the sum of Twenty pounds for Ill Treatment to his reputed father Pat Murphey.
The court said that, in its opinion, Pat Murphey was a bad man—and he was, as other cases in the records against him show; and they had him whipped, fined him and, under the operation of the court’s adjustable jurisdiction, rendered judgment against him in a criminal case for the value of two hogs; but these “backwoods” justices of the peace said to the reputed son of this old and hardened criminal that “Ill Treatment” of a father, by even a reputed son, would not be tolerated in that community.
At this May term, and following the entries just given, is another, which, in a few words and (so far as the record shows) without any previous notice, deprives a citizen of his liberty and of further opportunity to do harm to “the common cause of liberty,” on the mere motion of the state’s attorney. Here it is:
On motion of E. Dunlap State Attorney it is ordered that John Holly for his Ill practices in Harboring and Abetting disorderly persons who are prejudicial and Inimical to the Common Cause of Liberty and Frequently Disturbing our public Tranquility in Genl. be Imprisoned for the Term & Time of One Year.
Up to the date of the entry of this order imprisoning John Holly “for the term and time of one year,” on the mere motion of the state’s attorney, the record shows a little more formality in convictions for treason and the confiscation of property, as it will appear from the recitals that the court, “on considering the facts,” or “on hearing the witnesses [or evidence],” “are of opinion,” etc.
It is very doubtful whether there can be found (outside of Tennessee) another such judicial record as this one, made and entered on a mere motion, without the accused having previous notice or (so far as the record shows) being present in person or by attorney, and without any evidence being heard to support the charge, embodied in the motion, that Holly was an enemy to the public tranquillity generally and guilty of other specified offences. It is safe to assume, however, that the court “knew” he was guilty, as they “knew” that John Sevier was entitled to the office of clerk when they dismissed Cocke’s contest without hearing him at all.
At this term, the court “nominated and appointed John Sevier, Jesse Walton and Zachr. Isbell to take into possession such property as should be confiscated,” and they gave “bond as such commissioners in the sum of Five Hundred and Fifty Thousand pounds.”