Early Governors' Papers

State of North Carolina Wake County

Be it remembered that heretofore to Wit, at a Superior Court of Law &c begun and held for the County of Wake aforesaid the first Monday afer the fourth Monday of September

AD 1815 Present

The Honorable Henry Seawell A Bill of Indictment was found by Our Grand Jury which is in the following Words & figures to wit, The Jurors for the State upon their Oath present that Samuel Barley late of said County labourer John Davis of the aforesaid County Yeoman John R Cooke of the aforesaid County labourer and William Heflen of the aforesaid County labourer, Not having the fear of God before their eyes but being moved and soduced by the instigation of the Devil, On the fourth day of July in the Year of Our Lord One thousand eight

hundred and fifteen with force and arms at the County of Wake aforesaid, in and upon a certain Negro Man slave Called Stephen the property of the aforesaid Samuel Bailey then and there being in the Peace of God and the said State feloniously wilfully and of their malace aforethought did make and assault and that the said Samuel Bailey John Davis John R Cooke and William Heflen with both their hands feloniously wilfully and of their malace aforethought with certain switches and sticks of wood and a Certain rope made of hemp did strike Stephen in and upon the neck and various parts of the Body of him the said Stephen as well by striking and beating as choakeing and strangling several mortal mortal bruises of which said Mortal bruises he the said Stephen then and there instantly died, and so the the Jurors aforesaid upon their Oath aforesaid do say that the said Samuel Bailey

John Davis John R Cooke and William Heflen in manner and form aforesaid did feloniousy wilfully and of their malace aforethought kill and murder the said Stephen Against the form of the Act of Assembly in that case made and provided and against the peace and dignity of the state

H G Burton Atty Gen^l

The foregoing Bill of Indictment having been laid before the Grand Jury, it was returned endorsed a True Bill.

Samuel Bailey John Davis and John R Cooke defendants in the above case was brought to the bar for trial for the murder of a Negro slave called Stephen when M Brown Counsel for for Samuel Bailey moved that he be tried separately for reasons by him assigned which motion was refused him by the Court

On motion to the Court for reasons assigned for the trial of John R Cooke separate from the Others named in the Indictment, and was

John R Cooke who was at this Term Convicted for the murder of a Negro man Called Stephen is now brought into Open Court to receive Judgment of the Law, when upon his Honour the Judge gave the following Judgment and sentence of the Law to Wit, that the presoner be taken from this to the Jail, from whence he was taken there to remain until Friday the seventeenth day of this month on which day, it being on Friday, the said presoner John R Cooke is to be suspended by the neck at the Gallows untill he is dead, dead, and that the Shereff of Wake [Carry?] this sentence into execution between the Hours of Twelve and Two Oclock of the same day

The following Capias issued to the Sheriff of Wake County to bring into Court the Defendant William Heflen to Wit

State of North Carolina

To the Sheriff of Wake County Greeting You are hereby Commanded to take the body

William Heflen and him safely keep so that you have him before the Judge of our Superior Court of Law; to be now sitting held for the County of Wake at the Court House in Raleigh on the 1^st monday after the fourth monday of September Instant to answer a Bill of Indictment found by our grand Jury against him for the murder of Stephen the property of Samuel Bailey. Herein fail not and have you then and there this Writ. Witness Simon Turner clerk of our said Court at office the 1^st monday after the 4^th monday of September AD 1815. Issued 5^th [page damaged] 1815

S Turner Clk

Isaac Lane Esquire Sheriff of the County aforesaid returned the Capias aforesaid endorsed "not to be found"