COUCH

COUCH vs. MORRIS

BRUNSWICK COUNTY, VIRGINIA, Court Order Book #1, pages 272 and 273, August 1739. Transcribed from a picture of the original taken by Paul David Couch in the Brunswick County, Virginia, courthouse annex in May, 2008.

William Couch plt. vs. Henry Morris deft } In _____ Assault & Battery

This day came the parties by their attornies and thereupon came also a jury to __ Charles King.

Josias Randle, Bird Lanior, James Coleman, John Pearl--, Robert Dyer, James McDaniel, John Ballard, James Vaughan, John Bowder, Henry Jackson and William King who being ____tried and Sworn the truth to Speak the ____ ____ upon their Oaths do Say that the deft (defendant) Morris is guilty of the whole ______ aforesaid and that the plt (plaintiff) had Sustained Damage by ______ therefore _______ his loses to fifty shillings ____ Money. Therefore it is considered by this court that the plt (plantiff) recover against the Said Morris his damages aforesaid in form aforesaid _______ and his behalf ______the Said Morris may be taken by ____.

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Bowers Order of Evidence} Ordered that William Couch pay unto Philemon Bowers for two days attendance and Evidence in a _________ there _________ between the Said William Couch Plt (plantiff) and Henry Morris Deft (defendant)

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What happened here? (Analysis by Paul David Couch) An Assault and Battery case was brought to court by William Couch because Henry Morris had attacked him. Both William Couch and Henry Morris were represented by attorneys. The case was brought before a jury and a number of witnesses to the assault and battery case were present. The jury awarded William Couch damages of fifty (50) shillings. Philemon Bowers was an "expert witness" to the damages that William Couch suffered from the attack by Henry Morris and William Couch was ordered to pay Philemon Bowers for two days attendance at the trial, for giving evidence. Perhaps Philemon Bowers was a doctor.

The 566 acres where Thomas Couch, Sr., father of William Couch, had his land grant (recorded in Williamsburg, Virginia, in 1720), was just across the road and adjacent to the land owned by Henry Morris (mapping by Jo Lee Gregory Spears.) In other words the Couch family and the Morris family were close neighbors in Brunswick County, Virginia.

Brunswick County was formed in 1720 from Prince George County, but the population was so sparse that the county government did not start until 1732, at which time the first courthouse was built, not too far from where the Couch family lived (Virginia Hwy Marker 65 and Jo Lee Gregory Spears mapping of the Thomas Couch 566 acre land grant.)

From this Court recording, we think that Couch neighbor, British Lt. Colonel Drury Stith (Clerk of Brunswick Co, Va) was getting along fine with the Couch family: "Drury Stith gent (agent) appointed Overseer of a Road from his Mill into the Court Road and that Thomas Couch Senr Thomas Couch jUr and William Couch Assist in Clearing the Same". (Brunswick County Road Orders 1732-1746 by Nathaniel Mason Pawlett and Faculty Research Historian of the Library of Virginia. 7 October 1736 O.S., Page 138).

In 1739, probably just after the attack by Henry Morris on William Couch, a son of Thomas Couch, Sr., the Couch family sold their land:

After the sale of this 566 acre land grant, we lose track of where the Thomas Couch, Sr.’s boys were until they start showing up on records in Orange County, North Carolina, in the early 1750’s.

It would appear that the Assault and Battery against Henry Morris caused some kind of serious physical harm to William Couch because the jury made an award of 50 shillings to William Couch. No doubt there was "bad blood" now between the Couch and Morris families.