Revolutionary War Pension and Bounty Land Warrant Application File R. 7056, for John May, Virginia
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(3-1776)
SERVICE
Va

May, John
Sarah

NUMBER
R. 7056

CONTENTS
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Tlepolard May the son of John May and Sarah May born in the year of Lord one thousand Eight Hundred and five July the twenty sixth is born in the forteenth [sic] year of the Commonwealth of Kentucky whose name as taken from Homer

Tlepolard the son of Hercules and King Rodiah or Rodes
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Declaration
In order to obtain the benefit of the act of Congress of the 7th July 1838 entitled "An act granting half pay and pensions to certain widows"

State of Kentucky
Pike County SS

On the 15 day of September 1843 personally appeared before the Pike County Court in open Court
Sarah May
a resident of Pike County and State of Kentucky
aged 86 years who being first duly sworn according to
law doth on her Oath make the following
declaration in order to obtain the benefit of the
provision made by the act of Congress passed July
7th 1838 entitled ""an act granting half pay
and pensions to certain widows

That she is the widow of John May
who was in the Artillery service in the Virginia
Continental line of the Revolutionary war
That she is not able to state the exact year that
he entered the service but this may be informed
from the statements hereinafter contained
That he entered the service in the County of Berkley and State of Virginia and her recollection
that his Captains name was Cherry and a portion of the time she thinks he was under the command of General Lee and she has a recollection of hearing him frequently speak of being on the opposite side of the river from the battle of Long Island and also of
General Washingtons retreat over the river
She recollects of being in Martins burg Berkley
County Virginia when he returned from the
army and she saw two young men one
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by the name of Jacob Orr the other by the naeof Jacob Pink with many others take him into Skinney Tavern in either husburg and mathew to something to drink and they seemed to be rejoicing together and on inquiring the cause was told that it was John May who had just returned from the Army.  At this she has a distinct recollection  This was in the month of April and to the best of her recollection was in the year 1779 or 1780.  And i the march following John May and this affiant were married.  Her husband frequently told her that he entered the service in his seventeenth year and he was in his twentieth year when he and the affiant were married he having returned from the army in April and we being married in the March following which was the year 1779 or 1780 as before stated.  They were married by publishing the banns and the certificate given her by the preacher that married them was lost with other records of the family, she does not recollect from any information so that particular services he rendered further than above stated or within he was many engagement or not  The reason of her not recollecting now fully as to his service is that she was not in that section of country when he entered the service but came there (to Berkley County) while he was in the service she herewith sends a certificate from the  Auditors Office in Virginia as evidence of his service and she thinks she can explain why the expression is made use of in said certificate
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"delivered to widow".  That said John May lived with a widow May in Martinsburg Va at the time when he entered the service who was his aunt as she understood and returned to live there on his return from the army and soon after his return purchased the house and lot on which the said widow May lived and she has no doubt gave his wages in payment in part pay until for the same as his means was then limited and she supposes gave an order for said wages.  She further states that she recollects having frequently seen his discharge and that it was lost or destroyed many years since with other papers and records of the family but she cannot state certainly how it was lost or destroyed or the exact time when she refers to (illegible) of said of the secretary of war where she (illegible) his name may be found registered.  She further states that her husband John May died on the 25th day of January 1813 and that she has remained a widow ever since as will appear by the proof here with subjoined.  That she was married to him after the expiration of the last term of his service at t the time before stated and prior to the first day of January 1794 she further states that she is satisfied he must have been in the service two years and she has a distinct recollection of frequently hearing him speak of having had charge of the artillery whether as an officer or not she has do distinct
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recollection she further states that her name is not on the pension roll of the agency of any state and that she hereby releases all claim to any annuity except the present.  Sworn to and subscribed on the day and year above written before the Justice of Pike County Court in open court 12250
(Signed) Sarah May

State of Kentucky
Pike County ss:
I John D. Mines Clerk of the Pike County Court do hereby Certify that within Declaration of Sarah May was this day produced in Open Court by the said Sarah May and sworn to by her, and that the said Sarah May is a woman of undoubted varasity (veracity) given under my hand as Clerk of the Court aforesaid this 15th day of September 1845
(Signed) John D. Mines C. P. C. C.

I James Bevins Presiding Justice of the Pike County Court do hereby certify John D. Mines is Clerk of the Pike County Court duly appointed qualified and acting as such, given under my hand this 15th day of September 1845.
(Signed) James Bevins JPCC

State of Kentucky Pike County sect.
I John D. Mines Clerk of the court for the County of Pike and State of Kentucky do certify that James Bevins whose name appears to the foregoing certificate is genuine and that he is a duly commissioned and acting Justice of the Peace for (illegible) (illegible) and that the full faith and credit should be given to his acts (illegible) such given under my hand and seal (illegible) office this 15th day of September 1845
(Signed) John D. Mines Clerk of
the Pike County Court
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The deposition of Samuel May of lawful age taken at the Cflerks Office in Parstonsburg on the 19th day of September 1845 who being first duly sworn deposeth & saith 
I recollect having frequently seen in the lifetime of my father John May what he called his discharge.  this was from the time I was large enough to notice such then go until about my nineteenth year.  He kept his papers ina sack or small bag and when he wished to examine for a paper he poured the papers out and I was on such occasion that I noticed the paper called  by him his discharge.  It has been 41 or 42 years since I was in the company of my father any worth notice and it has been 32 years since his death.  I recollect to have frequently heard him speak of having served in the army in the revolutionary war
I recollect distinctly of having frequently heard my father John May and my mother Sarah May speak of having been married by publishing the banns and I have heard mother speak of the marriage having taken place in Martinsburg Berkley County Virginia.  I also have a distinct recollection of frequently hearing father and mother from my earliest recollection (illegible) to the (illegible) that I left them in my twentieth year speak of having been married very shortly after the expiration of fathers service in the army.
(Signed) Samuel May
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Commonwealth of Kentucky Floyd County ss.
A Justice of the Peace for the County aforesaid Certify that the foregoing deposition of Samuel May was taken sworn to and subscribed and sworn to before me at the time and place mentioned in the Caption thereof and that he is a  credible person.  Given under my hand the 19th day of September 1845
(Signed) John Friend J. P. F. C.

Commonwealth of Kentucky Floyd County ss.
I Edwin Trimble Clerk of the County Court for the County aforesaid Certify that John Friend at the time of signing the foregoing certificate was an acting Justice of the Peace for said County and that the foregoing signature purporting to be his is genuine.  In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Court this 19th day of September 1845
Attest  Edwin Trimble
Clerk of Floyd County Court
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BA--/WWF
John May
R.  7056

Mrs. Edwin H. Robison
550 East 20th Street
Long Beach, California

Dear Madam:

Reference is made to your letter in which you request, for Mrs. Mabel Bertha May Winn, the Revolutionary War record of John May, who died in 1813 in Kentucky, and whose widow, Sarah, applied for pension in Pike County, Kentucky.  You request to know the pension number, the  number of the volume and page of the book, in which the record of that soldier can be found.

Data furnished by the Veterans Administration in regard to soldiers of the Revolution are obtained from claims for pension, which have been made to the United States based upon service in that war and not form any printed volume.  the number of the claim for pension based upon service of the John May described above, is R.  7056.  All papers in that claim have been examined and the data given below are shown in those papers.

The date and place of birth of John May and names of his parents are not given.

John May married in Berkeley County, Virginia, sometime in March 1780 or 1781, Sarah.  the date and place of her birth and names of her parents are not shown.  John May and his wife, Sarah, moved from Virginia about 1789 to the "mouth of Roane Creek" in Carter County, Tennessee.  John May died January
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25, 1813, in Floyd County, Kentucky.

His widow, Sarah May, applied for pension, September 15, 1845, at which time she was living in Pike  County, Kentucky, aged eighty-six years.  She alledged that her husband, John May, while residing in Martinsburg, Berkeley County, Virginia, with his aunt "widow May", enlisted when in his seventeenth year, served two years in the Artillery, Virginia Continental Line, part of the time under Captain Cherry and General Lee, and returned to Martinsburg, sometime in April, 1779 or 1780.

The claim for pension was not allowed as proof of service as required by the pension law as not furnished.

"Tlepolard May", son of John and Sarah May, was born July 26, 1805, and their son, Samuel May, was of "lawful age" in 1845, with post office address Prestonsburg, Kentucky.

The papers on file in this claim contain no further discernible data in regard to the family of John May.

Very truly yours

A. D. HILLER
Executive Assistant
to the Administrator
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V
No. 12250
Sarah May
Ky

Papers handed to Hon. R. French H. R. Jan. 12, 1848.
See his receipt on file

Act 7 July 1838
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29 Cert 1811 PDY John His Revenue tax in full for 1810 5 [illegible] 20 cuts
J Maye
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1935 - Sept 20 hist to Mrs. R. G. Francis, (illegible)
1935 Sept 27 hist to Mrs (illegible) H. Elliott
1935 Oct 9 let Mrs. R. G. Francis to apply to AGO for information in re military service  EH
1939 Sept 8 his to Mrs. Edwin H. Robison (illegible)

REJECTED

7056
Sarah May
Service:  widow of 
Saml May  Nov 4 1845
J. P. Martin Feby 3 1846
Enlisted:    
Discharged:  Papers delivered to Hon. Rich P. Friend, Jany 12, 1848 returned May 1883

Application field:          , 18 

Alleges:  The printed list of 1852 gives cause of suspension as "Service & marriage not fully proved claim (illegible)  drawn"
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This is to Certify, That it appears from a List in this Office of such Officers and Soldiers of the virginia Continental Line, during the Revolutionary War, as settled their Accounts, and received Certificates for the balance of their Full Pay, according to an Act of Assembly, passed the November  Session 1781, that a Certificate issued on the 1st day of May 1786, in the name of John May as Corporal of Artillery for L. 75.14.5, which Certificate appears to have been delivered to his Widow and was given for services prior to the 1st January 1782.
{No Seal}
{of Office}  Given under my hand at the Auditor's Office, Richmond, this 4th day of Sept 1845.
(Signed) Jas E. Heath, AUDITOR.
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Mrs. Chas H. Elliott
Box 22
Rosalynn, Va

John May

R 7056

Requested through Miss Stokes
Sept 23 - '35
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[illegible] Department
[illegible] January 5
Sir
The only information in regard to the service of John May is the enclosed certificate of the auditor. It does not appear that he received [illegible] This shows that he was a corporal in the Continental line & may be sufficient to secure a pension to his widow. of that depends upon proof of the fact that he was in service. There is no change
Respectfully yours
Hon H Richardson Secy c
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LONG BEACH, CALIFORNIA
550 East 20th Street
August 31, 1939

Pension Department
Washington D.C.

Dear sir:

Would you be so kind as to send me the number of the Pension and the date that it was granted, also the number of the Volume and Page of the Book, of the Revolutionary ancestor of Mrs. Mable Bertha May Winn, John May.  The enclosed sheet gives what information she has.

Mrs. Winn is making out membership papers for our chapter, - Western Shores Chapter D.A.R.  It is essential that she have the Pension  number, date, number of the Volume and Page of the Book (or Archive).

Thanking you in advance.  I would greatly appreciate this information before September 26 our first Chapter meeting of the year.

Yours very truly,
(Signed) Mrs. Mary Laughey Robison
(Mrs. Edwin H. Robison)
Asst., Registrar Western Shores Chapter
Daughters of the American Revolution
550 East 20th Street
Long Beach California.
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I am requested by Sarah May to ask the Congress of the United States to grant her a pension and therefore respectfully present her declaration made with the view to obtain a pension under existing laws, and accompanying papers, and on her behalf as to for a special act granting her a pension.
(signed) Richard French of the House.

January 19th - 1848}
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Pension Office
January (crossed out) 
Feby 3rd 1846

I have the honor to return herewith Mrs. May's letter, and also  my letter to her of the 4 Nov. last and to inform you that the evidence required in the case of Sarah May widow of John May must be produced before her claim can be allowed.  It is not believed that the John May for whom service certificate of depreciation for L 75.14.5 was delivered to "widow" in 1784 was claimants husband, as that soldier must have been dead at the time this certificate was issued

Hon. J.P. Martin
House of Reps.
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Pension Office
November 4th 1845

Sir

The papers in the case of Sarah May widow of John May under the Act of 7 July 1838 have been examined and filed.

The rules require that the commencement and duration of each term of service and the names of the company and field officers under whom it was performed shall be clearly set forth and sustained by the best attainable evidence.  In this case no specific term is made and of course Mrs May is deprived of any evidence the rolls of the Virginia Service in the office may afford, as no examination of those rolls can be made unless the officers names be given.  The certificate of the auditor of that State shows that a person bearing the same name of Claimants husband belong to the Artillery and that a certificate of depreciation for L75.14.5 was issued as 1st May 1784 "which certificate was delivered to "Widow".  It would appear therefore that this Certificate was delivered to his widow.  If so he could have been the husband of my claimant who death did not take place until 1813.
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the statement of Mrs May as to the certificate having been delivered to claimant be corroborated by such testimony as will shew clearly that she is correct in her explanation, as it now stands it is wholey [sic]unsatisfactory. the most satisfactory evidence of her identity with the widow of the soldier named in the Auditors Certificate will be required before this claim can be allowed

The date of the marriage showed to be established by a certified copy of the marriage bond or [illegible] from the Clerks office in the County where it was consummated or by some other record or documentary evidence public or private if attainable. The testimony of Individuals cannot be received untill it be shown that proof of a higher grade does not exist. The proof now on file is by no means satisfactory.
I enclose herewith printed instructions from which you will learn the forms to be observed in assembling a claim and the proof required to sustain it.

Samuel May Esq
Prestonsburg
Floyd Co
Ky
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Sarah May's petition for a pension
January 19, 1808 [illegible} to the
Committee on Revolutionary Pensions
Feb. 9, 1808, Adv. 1380
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xxxxxxxxxxxxxxx

BA-J/EEL
John May-R.7056

Mrs. R.  G. Francis
Prestonburg
Kentucky

Dear Madam:
Reference is made to your letter in which you request a definite record of the enlistment and discharge of John May, R.7056, whose history was furnished you on September 20, 1935: you ask, also, for the record of Colonel Thomas Phillips, who served in the Revolutionary War.

For information in regard to the military service of John May, it is suggested that you apply the The Adjutant General, War Department, this city, who is custodian of military records. 

There is no claim for pension or bounty land on file based upon the military service in the Revolutionary War of Colonel Thomas Phillips.  Such claims are the source of the data furnished by this office.

Very truly yours
A. D. HILLER 
Executive Assistant to the Administrator.
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September 27, 1935


John May-R. 7056
BA-J/AWF


Mrs. Charles H. Elliott
Box 22 Rosslyn, Virginia

Dear Madam,

In compliance with your request of recent date, you are furnished herein  the Revolutionary War record of John May, as found in the papers on file in pension claim, R. 7056, based upon his service in the war.

The date and place of birth of John May are not given, nor are the names of his parents shown.

He married in Berkeley County, Virginia sometime in March, 1780 or 1781, Sarah, whose maiden name is not given.  They moved from Virginia about 1789 to the "mouth of Roane Creek" in Carter County, Tennessee; He died January 25, 1813 in Floyd County, Kentucky.

His widow, Sarah May, applied for pension, September 15, 1845, then living in Pike County, Kentucky and aged eighty-six years.  She alleged that her husband, John May, while residing in Martinsburg, Berkeley County, Virginia, with his aunt "a widow May", enlisted when in his seventeenth year, served two years in the Artillery, Virginia Continental Line, part of the time under Captain Cherry and General Lee, and returned to Martinsburg, sometime in April, 1779  or 1780.

The pension was not allowed as proof of service as required by the pension law was not furnished. 

"Tlepolard May" son of John and Sarah May, was
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born July 26, 1805 and their son, Samuel May, was of "lawful age" in 1845, with post office address, Prestonsburg, Kentucky.

There are no further data in this claim concerning the family John May.

Very truly yours

A. D. HILLER
Executive Assistant to the Administrator
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September 20, 1935

John May-R.7056
BA-H/AWF

Mrs. R. G. Francis
Prestonsburg
Kentucky

Dear Madam:

Reference is made to your letter in which you request the Revolutionary War record of John May, married Sarah Phillips, and died about 1805 or 1810 in Pike County, Kentucky.

The data furnished herein were obtained from the papers on file in pension claim, R. 7056 based upon the Revolutionary War service of John May.

The date and place of birth of John May are not given nor are the names of his parents shown.

He married in Berkeley County, Virginia in March, 1780 or 1781, Sarah, her maiden name is not given. They moved from Virginia about 1789 to the "mouth of Roans Creek", Carter County Tennessee; he died January 25, 1813 in Floyd County, Kentucky.

His widow, Sarah May, applied for pension, September 15, 1845, then living in Pike County, Kentucky and aged eighty-six years. She alleged that her husband, John May, while residing in Martinsburg, Berkeley County, Virginia, with his aunt "a widow May", enlisted in his seventeenth year, served two years in the Artillery, Virginia Continental Line, part of the time under Captain Cherry and General Lee, and returned to Martinsburg, in April, 1779 or 1780.

The claim was not allowed as proof of his service
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as required by the pension law was not furnished.

"Thepolard" "Tlepolard" May, son of John and Sarah May, was born June 26, 12805, and their son, Samuel May, was of "lawful age" in 1845, with postoffice address, Prestonsburg, Kentucky.

Very truly yours

A.D. Hiller
Executive Assistant to the Administrator
Page 28

Mrs. Mable Bertha May (Watson) Winn, applicant for membership in Western Shores Chapter D.A.R. should have the number of the Pension and the date that it was granted, also the Volume and Page of the Book;  the following is the name of the Revolutionary ancestor and other information she gave me:

John May born in or about 1760. near Baltimore, Maryland, died on January 25, 1813 in Pike County, Kentucky.  Married in March 1780 Martinburg Virginia, now West Virginia, to Sarah Phillips, born-1759  died 1845 in Pike County, Kentucky;
Enlisted in -----?

Mrs Winn also gives the following information:
The following Data is taken from the pension Department at Washington D. C..  These Statements were made by John May's wife, Sarah Phillips May when she applied for a pension.  She says the John May was living with an aunt,-"A widow May at Martinsburg, Virginia,(now West Virginia), when he enlisted in the Revolutionary War.  That he was seventeen years of age when he enlisted, and that he served two years. He enlisted in 1777, and returned home in 1779.  That he was born about 1760.  Sarah Phillips May further says, that he was in the Artillery Virginia Continental Line; and that he was across the river from the battle of Long Island and saw General Washingtons retreat across the river.  That he was under Capt. Cherry and General Lee.  He returned in 1779 to Martinsburg, and the following March they were married, 1780.

Mrs. Mary Robison
(Mrs. E. H. ) Robison
Asst Registrar of Wester Shares
Chapter D.A.R.
550 East 20th Street
Long Beach, Calif
Page 29

[stamped]
RECEIVED OCT 2 1935
[illegible]

Prestonsburg, Ky.
Oct 1, 1935

Mr. A.D. Hiller
Executive Assistant
Washington D.C.

Dear Mr. Hiller:

I am in receipt of your letter, and it gave me some valuable clues for which to work.

Now this information given by Sarah May wife of John May in her pension claim R.7056, where she says that he enlisted in his seventeenth year, and served two years in the Artillery, Virginia Continental Line part of the time under Captain Cherry and Gen. Lee. And that he enlisted while living with his aunt in Martinsburg, Va. Berkeley Co. And that he returned there in 1779 or 1780. [note in right margin:] For fur inf. in re to the mil. serv of John May it is suggested A.G.D. Evidence May can & keep this either in it

Please tell me where I can find definite record of his enlistment and discharge, and of his service in the war. To whom should I write, and where are these records kept. 

Then please look in your files and see if a pension was ever granted Colonel Thomas Phillips who was in the Revolutionary war. Or if his wife ever drew one. She was before her marriage a Pollard or it has been handed down that way. Notice if it gives her maiden name, the names of her children, his service in the war, county were enlisted, dates of birth, names of parents etc.

This Sarah May wife of John May was always said to be the daughter of Col. Thomas Phillips, and her mother was before marriage a Pollard. We want to try to establish that fact.

Please let me hear from you as early as possible.

Very truly yours
no signature?
Mrs. R. G. Francis
Page 30

Rev + 1812

Prestonsburg, Ky
Sept. 10, 1935

To
Pension Dept.
Pension Office,
Washington, D.C.

Gentlemen:

Please look in your Revolutionary War records, and see if you have a record of John May drawing a pension, or his wife Sarah Phillips May. He was in the Revolutionary, but can't say from what County he enlisted. He moved to Pike Co. Ky. immediately after the war in 1800, and lived there until his death, which was about 1805 or 10. I don't know whether he enlisted from Va. or Md.

Am enclosing a stamped envelope for reply. [line pointing to this sentence from this note:] returned Sept 14

Very truly yours
Mrs. R. G. Francis

[stamped]
RECEIVED
SEP 12 1935
MAIL SUB-DIV
[illegible]
Page 31

This day personally appeared before the undersigned a Justice of the Peace for the county of Floyd and state of Kentucky Thomas C Brown and made oath that some time in the year 1810 he served a writ as sherriffe [sic] of the above County on John May and Sarah May for slanderous words charged to have been spoken by the said Sarah May concerning the plaintiff in the writ. And that said John May treated the subject matter of the writ as a man would a charge against his wife he further states that said John May and Sarah May were living together at the above named time as man and wife and were reputed by the country as such not at the above named time but during his acquaintance with them. said Brown further states that he was 86 years of age in Jannuary [sic] 1843 Given under my hand this seventeenth day of September Eighteen hundred and forty five.
That he is a revolutionary pensioner and has resided in Floyd County Kentucky for [blank] years past and was well acquainted with John May in his lifetime and with his wife Sarah May then and since her husbands death
Tho C Brown

Commonwealth of Kentucky Floyd County set
I William Bays an acting Justice of the Peace for the County aforesaid certify that the foregoing deposition was taken sworn to and subscribed before me on the day given under my hand this 19th day of Sept 1845
William Bays JPLe
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Commonwealth of Kentucky Floyd County set
I Edwin Trimble Clerk of the County court for the County aforesaid Certify that William Bays is and was at the time of subscribing the foregoing Certificate an acting Justice of the Peace in and for said County and that the foregoing signature purporting to be his is genuine In testimony whereof I have hereunto subscribed my name and affixed the seal of the said County thy 19th day of September 1845
Attest Edwin Trimble Clerk of Floyd County Court
Page 33

Paid 10
Prestonsburg Ky
Sept 20th
Joseph L Edwards
Comisioner [sic] of Pentions [sic]
Washington City DC
Page 34

The deposition of Joseph Ford of Pike County and State of Kentucky aged 97 years taken at the house of said Ford in said County before James Bevins a Justice of the Peace of said County who being first duly sworn according to law deposeth and saith
That he is personally well acquainted with Sally May now of Pike County Kentucky widow of John May deceased and who is an applicant for a pension on account of her husbands services in the Revolutionary War That he was well acquainted with her and her husband John May 56 or 57 years ago on the Watauga river near the mouth of Roans Creek and it was there said and generally understood in the neighborhood that they had moved from the state of Virginia to that place it being then in the County of Carter and state of Tennessee That they were reputed there as man and wife and he was well acquainted with them up to the death of said John May which took place about the year 1812 1813 or 1814 and he has been well acquainted with said Sally May since her husbands death That said John May died in the then County of Floyd and State of Kentucky That said John May having moved from Tennessee to said County of Floyd and State of Kentucky several years before his death and not long after his removal this affiant also moved to said County of Floyd State of Kentucky That said place of John Mays former residence is now in Pike County Kentucky
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any Further this deponent sayeth not Sept 18th day 1845
Joseph Ford _ his mark

Pike County State of Kentucky to wit
I James Bevins a Justice of the Peace of said do hearby [sic] Certify that the forgoing [sic] deposition was subscribed and sworn to by the said Joseph Ford for the purposes mentioned in the within Deposition [illegible] my this 18th day of Sept 1845
James Bevins JPPC
Page 36

Paid 30
Prestonsburg
Sept 20th
Mr J L Edwards
Commissioner of Pensions
Washington City
D.C

died 1813

12250
Sept 29 1845

Adal
Be 
Sarah May
July 7 1838

Mail 3
Page 37

Prestonsburg Ky 19th September 1845
Mr. J L Edwards Comr of Pensions

Dear Sir
Enclosed I send you the declaration of my mother Sarah May for pension as also some depositions in aid of her application If there should be any informality in the proceedings please advise me of it or if there should be any thing lacking in the case that will have to be supplied by proof please advise me of it addressing our letter to me at this place
Samuel May
Page 38

Robert Haws
vs Co Record
John May & wife
Page 39

Pleas before the honorable John Allen Judge of the Floyd Circuit Court at the Court house in Prestonsburg on the 23d day of April 1811
Robert Hause plaintiff
against John May and Sarah or Sally May his wife
In trespass on the Case 
defendants
Be it remembered that heretofore court on the day of 18 the plaintiff by his attorney produced and filed in the Clerks office of the Floyd Circuit Court his declaration herein which is in words and figures towit
Floyd County & Circuit Set
Robert Hause complains of John May and Sarah or Sally May his wife in custody [illegible] of a plea of trespass on the case For this Court That whereas the said plaintiff is a Justice of the Peace in and for the County and Circuit aforesaid duly Commissioned as the law directs and hath always [ilegible] himself as such and is of good
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2

fame and reputation as a man and Justice as aforesaid among all of the good people of this Commonwealth for honesty and propriety of Conduct and is and always hath been free from the atrocity crime of willingly knowingly and maliciously giving a partial Judgement in matters that came before him as a Justice at afsd to adjudicate on as well as a man and hath always maintained himself by honest and industrious attention to his beliefs  Never the less he Sally on Sarah May wife of the aforesaid John not being ignorant of the promises but wickedly and maliciously intending to injure clan and defame the said [illegible] on his good fame & reputation as a justice as afsd and as a man and to expose him to the Censure and reproach of the good people of this Commonwealth as well as the passed & penalty prescribed by law for willingly knowing and maliciously giving a partial & erroneous Judgement did on the day of [blank] 1810 at the county and circuit aforesaid in a certain conversation there and these had between said Plaintiff and said [illegible] S. or S. May wife of the aforesaid John of and concerning a certain Judgment which said [illegible] had given as a Justice as afsd in and for the circuit and county aforesaid
Page 41

3
in a certain case between Richard Dawron and her husband John as afsd which cause before here the said plff as a Justice as afsd to adjudicate on speak utter and proclaim the following false scandalous and malicious words of and concerning the plff as afsd towit you (meaning the plff) gave a false and partial judgement meaning in the case afsd contrary to law willingly, and knowingly
And whereas after wards to wit on the day of [blank] 1810 at the County & circuit aforesaid the said plff being of good fame character and reputation as a Justice of the Peace in and for the County and Circuit afsd duly commissioned as the law directs and hath never been convicted or suspected to be guilty of the crime of of [sic] giving a partial judgement as a Justice of the Peace afsd in and for the County and Circuit aforesaid Nevertheless the said defendant S. or S. May wife of the afsd John not being ignorant of the premises tried wickedly and maliciously intending to injure blacken and defame the said plff in his good name as reputation as aforesaid and to expose him to the pains and penalty proscribed by law for giving willingly and knowingly a false or erroneous and partial judgement in making that cause before him as a Justice as
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afsd to adjudicate upon did on the day of [blank] at the county & Circuit afsd in the presence and hearing of divers good citizens of this Commonwealth and in Conversation with the same with a loud voice speak utter & proclaim the following false malicious scandalous & defamatory words of and concerning the plaintiff towit "That he the said Plff had given a partial & false Judgement knowingly & willingly" meaning in the Case afsd between said Dawron and her said husband by means of the speaking ow which said several false scandalous malicious and defamatory words and of the said false and malicious charge the said plff is greatly injured in his good name and character as afsd and is liable to the pains & penalties prescribed by law as afsd and has undergone great distress of body & mind and hath sustained damage to $1000 wherefore he sues
Warfield p. g.

memo
Memo there is no endorsement on the foregoing declaration showing the day on which it was filed
Upon which foregoing declaration a Capias issued in the words and figures towit
Capias
The Commonwealth of Kentucky to the Sheriff of Floyd County greeting you
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are hereby commanded to take John May and Sarah alias Sally May his wife if they be found in your bailiwick and therein safely Russ so that you have their bodies before the Hon the Judges of our Floyd Circuit Court at the Court house in Prestonsburg on the 3d day of our April term next to and answer Robert Hawron a plea of trespass on the case damage $1000 and have then there this towit 
Witness William James Mayo Clerk of our said Court at the Court house aforesaid on the 27 day of March 1810 and in the XVIII year of the Commonwealth
Teste Wm J Mayo @ Free
upon which foregoing Capias is endorsed te following memo towit
memmo This is an action on the Case for slanderous words of the plff by the female deft Sarah alias Sally spoken and no bail is required
Plff
Sherriffs [sic]  return
also the following return of the Sherriff executed by Tho C Brown DS
for James Patton Sherriff

At a Circuit Court continued and held for Floyd Circuit at the Court house in Prestonsburg on the 25th day of July 1810
This day Came the parties aforesaid by their attornies and the defendant
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comes and defends the force and injury when so and for plea saith that she is not guilty in manner and form as the plff against her hath declared and by consent the deft hath leave to give the special matter in evidence and of this she puteth herself upon the Country and the plaintiff likewise and the trial of this cause is deferred untill the next October Term of thy Court
At a Circuit Court continued and helfd for Floyd Circuit at the Court house in Prestonsburg on the 23d day of April 1811.
On this day came the parties aforesaid by their attornies and there upon came a Jury towit Elineleck Garrott Thomas Spears Gabriel Vaughn Michael Auxen Richard Pres James Lair Reuben Giddens Samuel James Charles Pack Ruel Press George Brown Reuben Clark who being elected tried and sworn the truth to speak upon the issue joined upon their oath do say that the defendant is not guilty of the premises as in pleading above they have alleged therefore It is considered by the Court that the plaintiff take nothing by his bill but for his false claim or be in mercy so and that the defendants go thereof hence with
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=out day and recover of the said plaintiff their costs by them about their defense herein expended.

Commonwealth of Kentucky
Floyd County, SS

I Edwin Trimble Clerk of the Circuit Court for the County aforesaid certify that he foregoing seven pages contain a full and complete transcript of the Record and proceedings in the Cause therein mentioned     In testimony
whereof I have hereunto subscribed my name and affixed the seal of the said Court at the Court house thereof in Prestonburg in said county this 12th day of December 1845 
attest Edwin Trimble
Clerk of Floyd Circuit Court
[image of seal]

Fee for the transcript  $1.25
"      for seal & certificate  1.00
$2.25