Peter Kitts Sr. Slander Trial
Peter Kitts, Sr. -- from VA Courthouse Records
1785 Slander Trial
In an email dated 1/13/00, Verla Barr wrote that from 1785-1787 Peter Kitts Sr. was in a lawsuit against Joseph Irwin. From 1784-1787, Peter’s sister, Elizabeth, and her husband Jacob Blessing also had a lawsuit against Joseph Irwin. Both parties were charging Irwin with “Plea of Trespass.”
Her theory is that Mr. Irwin testified against the Kitts family in the 1779 Tory trials. “According to what I have read, the men who lived on that part of the New River were all suspected of being loyal to the King. Our own Nicholas Wyrick (Peter Kitts Sr.’s father-in-law) was convicted & imprisoned for 18 months . . . it was not so much that the settlers were British sympathizers, but more likely that they were so far removed from the rest of civilization [Remember Dunmore’s War of 1774 -- they depended on British troops against Indian attacks] that they were not aware of what was going on and not informed enough to know they needed to swear an oath of loyalty to the new government.”
Verla added “I figure it was about 1779 that old John Kitts decided to pull up stakes & take Mary (Kitts) and her son, John, and get out of Virginia.” John did that in 1780 when he fled to the edge of European expansion (Fort Nashborough).
Peter Kitts, Sr. against Joseph Irvin for Slander
Documents located in Montgomery County, VA Order Book #1 1773-1788, Page 173.
(This record is a collection of documents found in a little pocket folder at the court house in Christiansburg. Some parts were illegible.)
January 1785
PETER CATES (KITTS) complains of Joseph Errowin in custody __ for that __ that whereas the said Peter is and always hath been esteemed accounted & reputed to be a good citizen of this commonwealth and has always been of good name character and reputation not only amongst his neighbours but all others with whom he was acquainted never known or suspected to be guilty of Perjury or other infamous conduct of practice nevertheless the said Joseph Errowin in no wise unacquainted with the ___ but maliciously contriving & intending to injure the said plaintiff in his good name character & reputation of said and to bring him into infamy and disgrace of the Day of ___ in the year One Thousand Seven Hundred and Eighty Five in the presence and hearing of divine good people of this commonwealth ___ the said Joseph Errowin did utter publish pronounce & declare of and concerning the said plaintiff these false scandalous opprobrious & lying words following ___ Peter Kitts (the plaintiff Peter meaning) is perjured he hath taken a false oath.
By means of which false scandalous opprobrious & lying words the plaintiff hath not only lost his good name character and reputation of said but is liable to a prosecution by the laws of this state to his damage Ten Thousand Pounds and therefore he sues.
************ We of the jury find for the Plaintiff Peter Kitts *** ***
The Commonwealth of Virginia to the Sheriff of Montgomery County greeting: We command you that you take Joseph Irvin if he be found in your bailiwick and him safely keep so that you have his body before the justices of our said county on the fourth Tuesday in this present month to answer Peter Kitts of a Plea of Trespass on the case damage ten thousand pounds and have then there this writ witness James M. Corkle clerk of our said court at the courthouse the fifth day of January in the IX year of our Independence. (1785)
James McCorkle
************ This day came the plaintiff by his attorney and the defendant not appearing although solemnly called, it is ordered that the conditional judgment obtained against him at last court be confirmed and that a writ of enquiry of the damages be executed at the next court.****************
March 1787
The Commonwealth to the Sheriff of Montgomery County greeting: We command you to summon George Kenser & Jacob Kincer & Nicoles Looser, Agness Mcfarlen, Marey Darter, Thos Meed to appear before our justices of our said county at the courthouse, on the 3rd day of May to testify, and the truth to say in behalf of Joseph Ervin in a certain matter of controversy in our said court, before our said justices, depending and undetermined, between Peter Kitts Joseph Ervin and this you shall in no wise omit, under the penalty of 100 pounds. Witness clerk of our said court, at the said courthouse, __of March in the XI year of the Commonwealth. (1787) Thomas Trigg
Know all men by these presents that we Joseph Irwin and John Gullion are held and firmly bound unto Peter Kitts his certain attorney his heirs executors and administrators in the penal sum of sixteen pounds Virginia currency to which payment will and truly be made we do bind ourselves our heirs executors and administrators firmly by these presents sealed with our seals and dated this 16th day of April 1787.
The condition of the above obligation is such that whereas an execution issued from the county court of Montgomery at the suit of Peter Kitts against the estate of Joseph Irwin which said execution was levied on one black horse and one bay horse, the property of said Joseph Irwin, have if the said Joseph and John do well and truly pay off and discharge said execution which amounts to seven pounds sixteen shillings within three months of the date of this ********* with lawful interest at the rate of ******** then the obligation to be void else to remain in full force and *******.
Sealed and delivered in presence of Samuel Doak, Robert Adams.
Joseph Erwin, John Gullion.
1785 Slander Trial
In an email dated 1/13/00, Verla Barr wrote that from 1785-1787 Peter Kitts Sr. was in a lawsuit against Joseph Irwin. From 1784-1787, Peter’s sister, Elizabeth, and her husband Jacob Blessing also had a lawsuit against Joseph Irwin. Both parties were charging Irwin with “Plea of Trespass.”
Her theory is that Mr. Irwin testified against the Kitts family in the 1779 Tory trials. “According to what I have read, the men who lived on that part of the New River were all suspected of being loyal to the King. Our own Nicholas Wyrick (Peter Kitts Sr.’s father-in-law) was convicted & imprisoned for 18 months . . . it was not so much that the settlers were British sympathizers, but more likely that they were so far removed from the rest of civilization [Remember Dunmore’s War of 1774 -- they depended on British troops against Indian attacks] that they were not aware of what was going on and not informed enough to know they needed to swear an oath of loyalty to the new government.”
Verla added “I figure it was about 1779 that old John Kitts decided to pull up stakes & take Mary (Kitts) and her son, John, and get out of Virginia.” John did that in 1780 when he fled to the edge of European expansion (Fort Nashborough).
Peter Kitts, Sr. against Joseph Irvin for Slander
Documents located in Montgomery County, VA Order Book #1 1773-1788, Page 173.
(This record is a collection of documents found in a little pocket folder at the court house in Christiansburg. Some parts were illegible.)
January 1785
PETER CATES (KITTS) complains of Joseph Errowin in custody __ for that __ that whereas the said Peter is and always hath been esteemed accounted & reputed to be a good citizen of this commonwealth and has always been of good name character and reputation not only amongst his neighbours but all others with whom he was acquainted never known or suspected to be guilty of Perjury or other infamous conduct of practice nevertheless the said Joseph Errowin in no wise unacquainted with the ___ but maliciously contriving & intending to injure the said plaintiff in his good name character & reputation of said and to bring him into infamy and disgrace of the Day of ___ in the year One Thousand Seven Hundred and Eighty Five in the presence and hearing of divine good people of this commonwealth ___ the said Joseph Errowin did utter publish pronounce & declare of and concerning the said plaintiff these false scandalous opprobrious & lying words following ___ Peter Kitts (the plaintiff Peter meaning) is perjured he hath taken a false oath.
By means of which false scandalous opprobrious & lying words the plaintiff hath not only lost his good name character and reputation of said but is liable to a prosecution by the laws of this state to his damage Ten Thousand Pounds and therefore he sues.
************ We of the jury find for the Plaintiff Peter Kitts *** ***
The Commonwealth of Virginia to the Sheriff of Montgomery County greeting: We command you that you take Joseph Irvin if he be found in your bailiwick and him safely keep so that you have his body before the justices of our said county on the fourth Tuesday in this present month to answer Peter Kitts of a Plea of Trespass on the case damage ten thousand pounds and have then there this writ witness James M. Corkle clerk of our said court at the courthouse the fifth day of January in the IX year of our Independence. (1785)
James McCorkle
************ This day came the plaintiff by his attorney and the defendant not appearing although solemnly called, it is ordered that the conditional judgment obtained against him at last court be confirmed and that a writ of enquiry of the damages be executed at the next court.****************
March 1787
The Commonwealth to the Sheriff of Montgomery County greeting: We command you to summon George Kenser & Jacob Kincer & Nicoles Looser, Agness Mcfarlen, Marey Darter, Thos Meed to appear before our justices of our said county at the courthouse, on the 3rd day of May to testify, and the truth to say in behalf of Joseph Ervin in a certain matter of controversy in our said court, before our said justices, depending and undetermined, between Peter Kitts Joseph Ervin and this you shall in no wise omit, under the penalty of 100 pounds. Witness clerk of our said court, at the said courthouse, __of March in the XI year of the Commonwealth. (1787) Thomas Trigg
Know all men by these presents that we Joseph Irwin and John Gullion are held and firmly bound unto Peter Kitts his certain attorney his heirs executors and administrators in the penal sum of sixteen pounds Virginia currency to which payment will and truly be made we do bind ourselves our heirs executors and administrators firmly by these presents sealed with our seals and dated this 16th day of April 1787.
The condition of the above obligation is such that whereas an execution issued from the county court of Montgomery at the suit of Peter Kitts against the estate of Joseph Irwin which said execution was levied on one black horse and one bay horse, the property of said Joseph Irwin, have if the said Joseph and John do well and truly pay off and discharge said execution which amounts to seven pounds sixteen shillings within three months of the date of this ********* with lawful interest at the rate of ******** then the obligation to be void else to remain in full force and *******.
Sealed and delivered in presence of Samuel Doak, Robert Adams.
Joseph Erwin, John Gullion.