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- Abner Vance, Two Sides to Every Story By: Barbara Cherep Foreword The following article was researched by Barbara Cherep, Tom and Janice Vance. Although the original story of Abner was researched by many others first, to name a few are Theodosia Barrett, Kathleen Mason, Betty Williams, Charles C. Wells, Henry Ragland, Tim Vance, Grace Dotson, and probably more than a few I don’t know. This article will provide new pieces to the puzzle. Such as Judge Johnston’s Letter to the Legislature, Daniel Horton’s Letter to the Legislature and the American Beacon Newspaper Article. Theodosia Barrett mentioned the Virginia Case record by Brockenbrough but did not supply the transcripts for all to see. It is Thomas Ritchie’s letter of Judge Johnston that I found which tells the story from another point of view, one which will surprise you as it did me. Even though I wrote this article from my own point of view of the trial; much of the exact spelling as the originals, I want you to read it. Come to your own opinions after reading these original transcripts. We are Vance’s and share in this story. It may differ in what was passed down, but the truth lies in the middle. If I have missed anything, misquoted or anything that comes to mind, I would be happy to include or do a rewrite. Send an email to barbnzhxkq@aol.com . At the end of this story you will find some Petitions of Russell County, which mention Abner and others. These were hard to read, and the spelling is that of the document. Some names and words left off. Did my best to read them, sorry for any mistakes. Abner Vance - The Last Two Years Abner was hung in Abingdon for shooting a man in the back named Lewis Horton brother to Daniel Horton whom Abner intended to kill. Now according to the many stories written and published, this version will share a proven extra little twist which will shed light on some of the folklore passed down generation to generation. Such as Abner did not get his rifle from over the door just before he shot Lewis Horton, however he did intend to kill Daniel Horton, who is not mentioned as accompanying Lewis Horton at the time he was shot. Only Joseph Fowlkes (i.e. Russell County records have his name as Joseph Fulks) is mentioned as being present at the time of the shooting. Many stories have been published on his hanging with some variance of that historic trial but the outcome is always the same. Abner was sentenced to murder in the first degree, hung for a murder he had admitted to and noted in the Richmond Enquirer and the Journal of the House of Delegates by William Brockenbrough. However, there is still one document that tells the story as well as any. In 1818/19 in the Journal of the House of Delegates of the Commonwealth of Virginia, written by Thomas Ritchie printer for the Commonwealth. This document is known as “Letter of Peter Johnston Relative to the Trial of Abner Vance in Russell County”. Peter Johnston was the Judge of the first trial of Abner Vance in Russell County, Virginia. This letter holds what the Judge deems to be testimony of Abner and others present for the first trial in Russell County. Let’s start with the beginning records as we know it recorded in Russell County previous to the trial of Abner. I will then present the trial records and other documents found in support of his two trials. March 4, 1817 - Daniel Horton commissioned as a Justice of the Peace. April 1817 - Term of Russell County Virginia court, Abner Vance distinguished himself in the trial of John Elliott. John Elliott was being tried for the murder of Eli McLaughlin. Eleven of the jurors stood for first degree. Abner Vance "hung the jury" and with his eloquent oratory won them over. Instead of hanging, the sentence was "nine years in the penitentiary house in a solitary cell with a low coarse diet for half of the term." June 3, 1817 - Ordered that John Vance be appointed surveyor of the road from head of Sandy down to the mouth of slate; Frederick Stilton Sen. From thence down to the state line of Kentucky and that Harry Smith Get., do furnish each of the said surveyors with a list of tithables. June 3, 1817 - William Horton paid a $500 bond and took an oath of law to become a constable. July 1, 1817 - Abner Vance being bound in a recognizance with John Vance and James Vance his securities to appear here this day to abide by and perform the judgment of the Court on a charge of a breach of the peace by Daniel Horton, was solemnly called but came not. July 2, 1817 - Ordered that William Romine be appointed the surveyor of the cove road from the fork of the river road to the line of Tazewell near William Fannons and that Daniel Horton Gent., do furnish him with a list of tithables. August 6, 1817 - Abraham slave of Abendego White, The prisoner was brought into court with a sundry of witnesses, charge was not proved, prisoner was discharged from prosecution, Abraham by the Commonwealth proved that he lifted his hands against William Cromwell, and others, he was given 5 lashes at the whipping post by the Sheriff, that the prisoner is of turbulent disposition, and the Daniel Horton the prosecutor in the case and is afraid that slave will take his life or do personal injury to him. August 6, 1817 - The Commonwealth against Abner Vance, John Vance and James Vance defendants on a writ of venire facias to recover the penalty of a recognizance. By consent of the attorney for the Commonwealth and assent of the court, it is ordered that this writ be dismissed at the defts. Proceeding the Trial - Cause and Effect Sometime in September 1817 it is stated by Judge Johnston that Lewis Horton gave testimony in the days preceding the shooting in Chancery Court, presiding was Chancellor Brown, where Abner understood that Lewis Horton had “swore upon his life” or so Abner was told or misinformed. That statement comes from, “The Letter of Judge Peter Johnston Relative to the Trial of Abner Vance.” What is not stated is why Lewis Horton had given a deposition in Chancery Court. Chancery Courts would try to reconcile land disputes, divorces, bastardly bonds, Wills and Administrations. These are usually disputes that were non criminal in content such as trespassing or land deeds. If we could locate this Chancery Case we could prove why Lewis Horton was in Chancery against Abner Vance. A story of this shooting was passed down through the generations but with no court related content to say that Abner Vance shot Horton because Lewis and Daniel dropped by horseback, his daughter off at Abners home after tarnishing her reputation. Another such story was told by William Vance to Judge Elihu Sutherland written in an article by Grace Dotson. William writes to Sutherland: “As I have been told by older people Vance did not kill the Horton he aimed to kill. His mind was to kill Daniel, but Lewis put himself in the way and provoked the old man until he told him to go away or he would kill him, and Horton run and crossed the Clinch River, a distance of about 200 yards and told the old man to “shoot and be damned.” The old man fired and Horton rolled off his horse into the river.” William’s story in this one paragraph was not far from the truth. Lewis Horton was a single man however Daniel Horton was married. It was Daniel who Abner admits to wanting to kill as William says. That is so very true. Other stories say that Elizabeth, daughter of Abner is thought to have a multi day excursion of sorts with one Lewis or Daniel Horton. This depends on who tells the story. Locating the Chancery Case for Horton would solve that mystery forever. In our case the story could be proved with these documents. They say there are always two sides to every story. In this case I believe it’s true. Now, because of Judge Peter Johnston we have some new facts to go on which allude to much more than what was passed down. On Sept 22, 1817, Abner Vance shot Lewis Horton. Abner loaded his gun this fateful day and walked down to the Ford of the Clinch where Judge Johnston’s letter states “to wait for Daniel”, just a short distance from his home. The Judge writes that Abner waited to kill Daniel Horton and 3 others whose names are not mentioned. However we do get a clue in this one verse of the Vance Song that was sung by Abner the day he was hung naming three others. At this point we cannot be sure it’s the Horton men (i.e. William, Robert Horton) in which Abner was talking about in this song. But it does begin to make sense. It’s the name David that does not come to mind in any transcript or record. There are 1David Horton, Bob and Bill, a lie against me swore, in order to take my life away that I might be no more. But they and I must meet when Gabriel’s trump shall blow. Perhaps I shall rest in Abraham’s breast while they roll in the gulf below. Lewis Horton was shot in the back just below the shoulder and lived 6 days after the shooting. Lewis Horton last gave instructions of his Will on September 27th. From the letter dated December 2, 1818 to the Legislature where Peter Johnston was looking to the Legislature for new legislation as he felt strongly about the way in which the first trial had gone, afterwards when a Writ of Error was filed, thus giving Abner a new trial based upon Abners defense of insanity. His daughter wanting to give testimony in Abners defense, of his insanity in the first trial, the daughter, name not mentioned, had not seen her father for days before the shooting. The court felt if she could not give testimony of his nature the day of the shooting, insanity could not be recognized as a defense. Abners Counsel “2excepted” the ruling, thus the insanity plea was dropped, only later to be overturned by the Attorney General for the State of Virginia, awarding Abner a “Stay of Execution”, a new trial on June 1818. This was more than likely the reprieve that many Vance descendants thought to be a “Stay of Execution” the day Abner was hanged, based on stories handed down generation after generation, which a reprieve was sent on the day he was hanged, which came moments to late. In Richmond the Governors Reprieve Book does not list Abner Vance anywhere in its contents. Therefore a Stay of Execution on the day Abner was hanged could not be found. Judge Peter Johnston Jr. Judge Peter Johnston was the Judge of the 13th Circuit Judicial Court mentioned in a book by Dobson called “The Speakers and Clerks of the Virginia House of Delegates.” It is noted in this book that Judge Peter Johnston was the speaker of the House for Virginia 1805 to 1807. He was born in Chesterfield, Virginia in 1763. Died at “Panicello” near Abingdon, Virginia and buried in the Johnston Cemetery on Walden Road, east of Abingdon. He was a member of the House of Delegates from 1792 to 1794 and 1798 to 1808. Assigned to Prince Edward County first, he took a position with the Thirteenth District General and Supreme Court of Law in 1811, because he felt that the hunting would be better in Southwest Virginia. He married Mary Wood, daughter of Valentine Wood and Lucy Henry, who is the sister to Patrick Henry. Peter Johnston was a very influential man in Virginia. The trial of Abner Vance was not only a local issue to Russell and Washington Counties. Judge Johnston asks the Legislature for a change to Laws for what he believes to be an unfounded Cause of insanity in Abners trial, he states; “It is not only probable, but certain, that other instances will arise under the present judiciary system of this State, requiring the special interference of the Legislature, unless some general law should be enacted, the provisions of which may be adequate to the prevention, of remedy of evils and difficulties, such as have occurred in the case of Abner Vance. I have made this communication from a persuasion, that if the subject appears as important to you, as it does to me, you will lay it before the General Assembly.” Peter Johnston __________________________________ The First Trial Begins Underlined dates are transcripts of Russell County Court Books to include Vance, Wingo, and Horton’s. The idea is to give you all of them so that you can get a feel for the people and what was happening around Abner as he goes into this trial. 7 Oct 1817 - William Wingo and John Webb Bell who were committed to the jail of this county for not finding security for their good behavior were brought into Court and sundry witness being sworn and examined against them and they being heard in their defense. It is considered by the Court that they the said William Wingo and John Webb Bell do enter into recognizance for their good behavior for the term of one year and a day in the penalty of one hundred dollars each with two securities in the sum of $50 each and pay the Costs of the Prosecution but being unable to find Security they were remanded to jail there to remain for the said term of a year & a day or until they find such security or be otherwise discharged by the due Course of law. Ordered that it be certified to the Register of the Land Office that John, Travis, Lucy Sergent wife of Wm. Sergent, Elizabeth Sergent wife of Elijah Sergent, Enoch Horton, Sarah Bradshaw, wife of John Bradshaw, Lettice Horton wife of William Horton, Laodicea White wife Meshach White and Robert Horton are the heirs and all the heirs at law of John Horton deceased as has been satisfactorily proved to this Court. This day personally appeared in Court Ezekiel Daniel and Isaac Arden (Harden) and made oath that Lewis Horton deceased during the time of his last sickness to wit on the 27th day of September last past at William Ardens in the county of Russell made his noncupative will in which he desired that all his just debts should be paid and after they were paid, that his remaining estate should be divided in four equal parts to be divided as follows, one part to his son Daniel by Priscilla Wilson and the other three parts divided between Lewis, Francis and Salley children of his brother Daniel Horton. Which is ordered to be established as the non cupative Will of the said Lewis Horton dec’d. (Noting Lewis Horton was a single man, having one child, seems to be an ex-wife or girlfriend, as she uses the name Wilson, also he leaves property to his brother Daniels children who is married, also noting that the name of Arden is used in the above but Harden is used below on Oct 16th when witnesses are called to give bond as witnesses against Abner) October 16, 1817 - At a Court called and held by the justices of Russell County at the courthouse on the 16th day of October 1817 for the examination of Abner Vance and Susanna Vance charged with the murder of Lewis Horton. Present: Zachariah Fugate, Charles Carrell, James Browning, Nathan Hamilton and John Colley, Gent Justices The said Abner Vance and Susanna Vance being brought into Court and sundry witnesses being sworn and examined as well for as against them, it is the opinion of the Court that the said Abner Vance and Susanna Vance for the murder of Lewis Horton as aforesaid ought to be made in the Superior Court of Law for the county. That the said Susanna Vance be permitted to give security for her personal appearance before the said Superior Court at the next term in the sum of five thousand dollars to answer the charge aforesaid and thereupon the said Abner Vance was remanded to jail and the said Susanna Vance not being able to find such security was also remanded to Jail there to remain till she finds such security or until she be thence discharged by due course of law. Daniel Horton, Ezekiel Daniel, Joseph Fulks, William Harden, Catherine Harden, Isaac Harden and William Horton all of this County came into Court and severally acknowledged themselves to be indebted to his Excellency James P. Preston Esquire Governor or Chief Magistrate of the Commonwealth of Virginia in the sum of one hundred dollars each, of their respective lands and tenements goods and chattels to be levied and to the said Governor and his successors for the use of the Commonwealth rendered; yet upon this condition that if the said Daniel Horton, Ezekiel Daniel, Joseph Fulk, William Harden, Catherine Harden, Isaac Harden and William Horton shall severally make their personal appearance before the Judge of the Superior Court of Law for this County at the Courthouse at the next term to give evidence on behalf of the Commonwealth against Abner Vance and Susanna Vance accused of Murder, then this recognizance to be void. Zachariah Fugate. Oct 16 1817 - At a court called and held by the justices of Russell County at the Courthouse on the 16th day of October 1817 for the examination of William Wingo charged with being accessory to the murder of Lewis Horton. Present: Zachariah Fugate, Charles Carrell, Samuel Gibson, James Browning and John Colley gent justices. The said William Wingo being brought into Court and sundry Witnesses being sworn and examined as well for as against him on consideration it is the opinion of the Court that the said William Wingo for being as an accessory before the fact to the murder of Lewis Horton aforesaid ought to be tried in the Superior Court of Law for this County and that he be permitted to give security for his personal appearance before the said Superior Court at the next term to answer the said charge in the sum of two thousand dollars. Whereupon the said William Wingo and Squire McGuire and Francis McKinney all of the County of Tazewell here in Court acknowledged themselves to be indebted to his Excellency James P. Preston Esquire Governor or Chief Magistrate of the Commonwealth of Virginia the said William Wingo in the sum of two thousand dollars and the said Squire McGuire and Francis McKinney in the sum of one thousand dollars each of their respective lands and tenements goods and chattels to be levied and to the said Governor and his successors for the use of the Commonwealth rendered. Yet upon this condition that if the said William Wingo shall personally appear before the Judge of the Superior Court of Law for this County at the Courthouse at the next Superior Court to be holden for this County then and there to answer the Commonwealth of and concerning the charge aforesaid and shall not depart thence without the leave of the said Judge, then this recognizance to be void. November 4, 1817 - Samuel Clark and Fanny Clark of this county come into Court and severally acknowledge themselves to be indebted to his Excellency James P. Preston Esquire Governor or Chief Magistrate of this Commonwealth of Virginia in the sum of one hundred dollars each of their respective lands and tenements goods and chattels to be levied and to the said Governor and his successors for the use of the Commonwealth rendered yet upon this condition that if the said Samuel Clark and Fanny Clark shall severally make their personal appearance at the Courthouse of this County before the Judge of the Superior Court of Law for this County at the next term of the said Superior Court to give evidence on behalf of the Commonwealth against William Wingo accused of being accessory before the fact to the murder of Lewis Horton and their recognizance to be void. Zachariah Fugate. November 4, 1817 - Richard Vance committed to the Jail of this County charged with being accessory after the fact to the felonious shooting and wounding of Lewis Horton by Abner Vance with intent to murder and of which shooting the said Lewis Horton shortly thereafter died was brought into Court and thereupon sundry witnesses being sworn and examined as well for and against the said Richard Vance, it is the opinion of the Court that the said Richard Vance for the felony in being accessory as aforesaid ought to be tried in the Superior Court of Law for this County at the next term and thereupon he was removed to jail. November 4, 1817 - John Olinger, John Scaggs and William Elkins all of this county come into Court and severally acknowledge themselves to be indebted to his Excellency James P. Preston Esquire Governor or Chief Magistrate of the Commonwealth of Virginia in the sum of one hundred dollars each of their respective lands and tenements goods and chattels to be levied and to the said Governor and his successors to the use of the Commonwealth rendered yet upon this condition that if the said John Olinger, John Scaggs and William Elkins shall severally make their personal appearance before the Judge of the Superior Court of Law for this County at the Courthouse on the second Monday in April next then and there to give evidence on behalf of the Commonwealth against Richard Vance charged with being accessory to a felony then this recognizance to be void. November 5, 1817 - The case of Richard Vance who was yesterday committed for trial as accessory to a felony in the Superior Court of Law for this County as it respects his admission to bail was reconsidered and for reason appearing it is the opinion of the Court that the said Richard Vance be admitted to give security for his personal appearance at the next term of the said Superior Court by entering into recognizance in the sum of three hundred dollars with two securities in the penalty of one hundred fifty dollars each but not finding such security was remanded to jail there to remain till security given or until he be thence discharged by due course of law. December 3, 1817 - On the motion of Daniel Horton who made oath as the law directs and together with James McFarlane his security entered into bond in the penalty of one thousand dollars conditioned according to law, certificate is granted the said Daniel Horton for obtaining administration of the estate of Lewis Horton decd with his Will annexed in due form. Ordered that Harry Smith, Jacob Francisco, Moses Hunt and Simeon Jackson or any three of them being first sworn before a justice of the peace, do appraise in current money the personal estate of Lewis Horton decd and return the appraisement under their hands signed by the administrator to this Court. April 14, 1818 - Abner Vance late of the County of Russell laborer who stands indicted of murder was led to the bar in custody of the keeper of the jail of the said County, of thereof arraigned and pleaded not guilty of the indictment and for his trial was put himself upon God and his Country; Whereupon came a jury to wit; George Robinson, John Belcher, Stephen Fuller, Larkin Howard, John Wallis Jr., Francis Fuller, William Williams, James Jesse, John Johnson, William Jesse, Thomas D. Fuller, and Jacob Rasnick Jr., who being elected tried and sworn the truth of and upon the premise to speak, and having heard the evidence upon their oath do say that the said Abner Vance is guilty of murder in the first degree in manner and form as in the indictment against him is alledged; and thereupon he is remanded to jail. April 15, 1818 - Present the same Judge as yesterday The Grand Jury appeared according to their adjournment of yesterday __ point out of the Court and after some time returned into Court and further presented. An Indictment against Richard Vance as accessory to a murder a true bill, and An Indictment against Susanna Vance for murder “not a true bill”. They also forwarded John J. Cowan and John McFarland for a breach of the peace, And having nothing further to present the said Grand Jury were discharged. Susanna Vance late of the county of Russell __ spinster, was led to the bar in custody of the keeper of the jail of the said county, and the Grand Jury having returned the indictment against her for murder not a true bill proclamation was made as the manner is, and nothing further appearing or being alledged against her, it is ordered that she be discharged from her imprisonment. April 16, 1818 - The attorney prosecuting for the Commonwealth by consent of the court saith that he will not prosecute further on behalf of the Commonwealth against Richard Vance accused as accessory to a murder, therefore it is ordered, that the said Richard Vance be discharged from his recognizance. April 17, 1818 (Friday) - Abner Vance late of the County of Russell laborer who stands convicted of murder in the first degree was once again led to the bar in custody of the keeper of the jail of the said county and thereupon it being demanded of him if anything for himself he had or know to say why the Court here to judgment and execution against him of and upon the premises should not proceed; he said he had nothing but what he had before said. Therefore it is considered by the Court that he be hanged by the neck till he be dead, and execution of the judgment be made and done upon him the said Abner Vance by the Sheriff of Russell County on Friday the 17th day of July next between eleven and the hours of the forenoon and two in the afternoon of the same day at the place of the execution of the said County. Memorandum: At the trial of the cause and before the jury retired from the bar the counsel for the prisoner excepted to two opinions of the Court and a third after the jury retired from the bar to an opinion of the Court, which three exceptions were signed and sealed by the Court and ordered to be made a part of the record in this case. Newspaper Article The American Beacon and Commercial Diary Norfolk, Tuesday Morning June 18, 1818 Extract to the Editor of the Inquirer, dated “Lebanon (Russell County) May 2nd, 1818 At the last session of the Superior Court of law, holden in this place, Abner Vance and Sylvanus Bauer were severally convicted of murder in the first degree. The Counsel for Vance having excepted as to the opinion of the court, his execution was deferred till the law thereupon could be decided in General Court. If the exceptions are overruled, his execution, pursuant to the sentence of the court, will take place the 17th of July next. “Execution of Sylvnaus Bauer “This being the day directed by the judgment of the court for the execution of Sylvanus Bauer, convicted of murder in the first degree, a large concourse of citizens assembled to witness the awful and solemn scene. The prisoner was taken from the jail at about ten o’clock in the forenoon, and conveyed by the Sheriff to the place of execution distance about a half a mile from this village, where the spectators where pathetically addressed by the Rev. Mr. Ashly, and the throne of mercy supplicated on behalf of the criminal. He was then launched into eternity at about half past one o’clock. “This person had been an inmate in the family of 3Samuel Indicot, whom he shot in the woods. The body was not found till four days after Indicot was missing. Suspicion having attached the murder to Bauer, he was arrested forthwith, but did not confess the fact till after conviction; no person saw the murder perpetrated; the evidence was merely circumstantial. The wife of the deceased is in the jail of the county, committed for trial at the September term of the superior court for this county, for advising Bauer to commit the murder; and such was the weight of the testimony against her, the court would not admit her to jail.” May 7, 1818 - John Keen having obtained an attachment against the estate of John Vance who Vc, and the constable having made notice that he had executed the same in the hands of Francis Browning and summoned him as a garnishee; This day came as ordered the plaintiff by his attorney as the said garnishee in his proper person who declared on oath that he owed the defendant $30 due the 15th of the month one half to be paid in silver and the other half in notes; $23 due next fall, $25 payable in skins and ginseng next fall; And on motion of the plaintiff and for reasons appearing to the court ordered that this attachment be continued till next fall September 14, 1818 (Monday) - At a Superior Court of Law held for Russell County at the Courthouse thereof on Monday the 14th day of September 1818. Present Peter Johnston Esquire the Judge assigned to hold a Court in each of the Counties comprising of the 13th Judicial Circuit. William Gilmore foreman, Collin Fugate, Archer Jesse, Charles Carrell, Robert Fugate, James Dickenson, Nathan Hamilton, Zachariah Fugate, Stephen Gose and John Smyth, John Counts Sen., Stephen Gose Jr., James Browning, William Browning, Lee Jesse, James Caldwell, John Jesse, David Muncey, John Johnson, William Nash, Benjamin Johnson, and William Price were sworn a Grand Jury of Inquest for the body of the County and adjourned till tomorrow 10 o’clock. The Commonwealth against Abner Vance defendant - Upon Indictment for Murder A copy of the judgment of the General Court bound awarding a new trial in the cause was produced in Court and ordered to be __ on the records of this court and as in the following words and figures to wit. Virginia - In the General Court June 20th 1818 upon the petition of Abner Vance for a writ of Error to a Judgment rendered against him by the Superior Court of law for Russell County on the 17th day of April 1818 for murder in the first degree, this day came as well the Attorney General as the deft by his attorney who being fully heard, a writ of error is awarded, the said Vance, returnable further wit. And the Attorney General agrees to dispense with the execution and return of the said writ. And to receive the transcript of the record certified by the clerk of the said Superior Court upon inspection whereof the Writ of Error had been awarded, as if it had been duly certified by the Judge on the return of the writ, And he further agreed to receive the error set forth on the Plaintiffs petition instead of a formal assignment of Error, and thereto he pleaded that there is no error on the said record of the proceedings and Judgment of the Superior Court of Law. And this he is ready to certify. & which the Plaintiff replied that there is as or in the said record in manner and form as in the assignment he hath set forth and this he prays may be required of by the Court and the Attorney General likewise. And thereupon the transcript of the record of the Judgment and Proceedings fore with, being soon inspected, and due consideration had thereof, the Court are unanimously of opinion that there is order in this, that the Court rejected the evidence of the witness introduced by the prisoner to prove his insanity before the fact of which he was accused and in deciding that it was improper to introduce such proof until the prisoners insanity was proved on the day he shot the deceased. Wherefore it is considered that the said judgment be answered and annulled and a new trial awarded and in the main time that he be detained in safe custody in the Jail of the Superior Court of Russell County until the next term, and until he be discharged by due course of law. Which is ordered to be certified to the said Superior Court. A copy Teste, Peyton Drew(?) Whereupon a motion of the Attorney for the Commonwealth a venire facias denier is awarded returnable on this day and that said writ being returned ___. The prisoner is led to the bar in custody of the keeper of the Jail of the county and upon his motion and for reasons appearing to the Court it is ordered that this cause be continued till tomorrow and thereupon the said Abner Vance is remanded to jail. September 15, 1818 (Tuesday) - An Indictment against William Wingo as accessory to a murder, a true bill. William Wingo late of the County of Russell laborer who stands indicted as accessory to the murder of Lewis Horton appeared in Court according to the condition of his recognizance entered into before the Court at the last term, and thereupon the said William Wingo is ordered in Custody of the Sheriff to be committed to the jail of this County & there to be safely kept until he be tried, or otherwise discharged by due cause of law. William Wingo of the County of Russell comes into Court and acknowledges himself to be indebted to James P. Preston Esquire Governor or Chief Magistrate of the Commonwealth in the sum of Five Hundred dollars of this lands & tenements goods & chattels to be levied and to the said Governor & his successors for the use of the Commonwealth rendered; yet upon the condition that if Polly Wingo wife of the said William Wingo shall make her personal appearance before the Court on tomorrow to give evidence on behalf of Abner Vance who stands indicted of murder and shall not depart thence without the leave of the Court, there this recognizance to be ordered. Abner Vance late of the County of Russell laborer who stands indicted of murder was again led to the bar in custody of the keeper of
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