State of North Carolina

NewBern District}

At a Court of Sessions of the Peace, Oyer and Terminer and General Gaol Delivery begun [and held at] NewBern for the District of NewBern, on the First Tuesday of September, in the Second Year of the Independance of said State, & in the Year of Our Lord One Thousand Seven Hundred & Seventy Seven, before the Honorable James Davis and Alexander Gaston Esquires Judges & Justices of the State of North Carolina aforesaid & by Commission from his Excellency Richard Caswell Esquire Governor, Captain General and Commander in Chief in & over said State directed to the said James Davis and Alexander Gaston, under the Seal of the State, to hear try and determine all Offences against the Peace and good Government thereof, which may have been committed, or which shall hereafter be committed within the District aforesaid.

The Jurors for the State aforesaid, upon their Oath present that Nathan Mayo late of the Parish of St. Michael in the County of Pitt, in the District of NewBern in the State of North Carolina Planter, not having the Fear of God before his Eyes, but being moved & seduced by the Instigation of the Devil, on the twenty second Day of August, in the year of our Lord one thousand seven hundred & seventy seven, & in the second year of the Independance of said State, about the fourth Hour in the Evening of the same Day, in the parish & County aforesaid ^with Force and Arms^ made an Assault in & upon one Thomas Clarke then & there being in the Peace of God & of [our] said Lord the King the State aforesaid; & that the said Nathan Mayo in the Parish & County aforesaid, did feloniously, willfully & of his Malice aforethought with a smooth Bore Gun loaded with buck Shott, of the Value of five Shillings Sterling Money of great Britain, equal in Value to twelve Shillings & Six pence Current Money of the State aforesaid, which said Gun the said Nathan Mayo then & there feloniously & of his Malice aforethought, in the Parish & County aforesaid, did discharge at the said Thomas Clarke, by discharging the said Gun, at the Body of the ^said^ Thomas Clarke, give to the said Thomas Clarke one mortal Wound with the Gun ^& Shott^ aforesaid, in and upon theHis left Shoulder & Pass of the length & Depth length of three Inches & Depth of two Inches, of which said moral Wound the said Thomas Clarke, at the Parish & County aforesaid languished for the Space of half an Hour and so languishing died; and so the said Jurors upon their Oath aforesaid say, that, the said Nathan Mayo on the said twenty second Day of August in the year aforesaid, in the Parish & County aforesaid, did feloniously, wilfully & of his Malice forethought, kill & Murder the said Thomas Clarke in Manner & Form aforesaid, against the Peace & Dignity of the State.

Jno. Cooke Atty. For the State.

State vs Nathan Mayo
Indictmt. For Murder
Evidences
Thomas Everett
William Robson
Sworn & sent
Fras. Dawson
for Christopher Neale
True Bill
Farnifd. Green Foreman