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Daniel Morgan steals a horse but didn't burn down a tobacco storage

Daniel Morgan is convicted of stealing a horse from none other than the famous Thomas Cresap. Some of the Ashby family testifies for Cresap. Morgan has to pay Cresap for his expense in paying for those Ashby's to come from Fauquier County just over Ashby's Gap to appear in the Winchester Virginia courthouse. This courthouse sits right where the 1840 courthouse (now a Civil War Museum) sits on the Loudoun Street walking mall. This case occured around 1761. This is even more interesting because Daniel Morgan was an enlisted Ranger in Captain John (Jack) Ashby's Rangers 1755-1756. Somewhere along the line Daniel Morgan did not get along with some of the Ashbys. We are curious on the details more than the conviction. What were the circumstances of this horse stealing? We have no details on this so far.




On Dec 4, 1762 Daniel Morgan was deemed innocent of a charge of burning down a tobacco storage house.


His first conviction occured on June 4, 1760.

Here's what little detail we have on that:


John Cappon sued Daniel Morgan and Thomas Pritchard. Morgan failed to appear for that day in court June 4, 1760, Daniel Morgan was then charged 1 lb 18 shillings and 1 pence plus court costs. No mention of what Thomas Pritchard was charged.


The source of this claim is allegedly in  David Allason's Shenandoah Store Ledgers A and B, 1761-1763, Library of Virginia, Richmond.


Author Albert Louis Zambone used that source to make the above claim on page 38 in his book, "Daniel Morgan, A Revolutionary Life."


Why a court law suit is found in a store ledger we are not sure.




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Compiled by Jim Moyer 6/1/2024, updated 6/4/2024





 

Some of Daniel Morgan's other Court Dates



Context:

Author Albert Louis Zambone on page 38 of his book, "Daniel Morgan, A R evolutionary Life," gives excellent context of these court cases:


"Colonial Virginians were not necessarily more litigious than subsequent generations, but the needs and structure of colonial justice required them often to be in court.


For example, a criminal cases was not initiated by some functionary of law enforcement, but by a citizen or citizens bringing a criminal suit before the justice of peace. If a colonial Virginian suffered assault and battery, he went to court to bring a criminal suit against the assailant. If someone did not pay a debt, the aggrieved party filed a civil suit against the debtor.


It is easy to see, then, why a monthly "court day," when cases were heard by the county court, was something of a public holiday. Not only did it require the involvement of numerous people in the community, it provided a spectacle, and if you attended you could catch up on the news and meet with friends.


Given that Morgan was known as a brawler and entangled with merchants, it is not surprising that he shows up in court records as often as he does. It is perhaps startling to a modern sensibility that what might now seem like serious misdemeanors were treated more lightly by his cultural contemporaries."



Daniel Morgan Steals a horse

Circa 1760-1761,

a 13lb fine was levied on Daniel Morgan, for stealing a horse from the well known Thomas Cresap. Part of that fine was to pay Thomas Cresap's costs for paying two of the numberous Ashbys over the Blue Ridge to testify for Thomas Cresap. This might mean a possible conflict between the Ashbys and Morgan, which is interesting because Daniel Morgan was listed as a Ranger in Captain John (Jack) Ashby's Rangers at Fort Ashby in 1756.


Daniel Morgan innocent of burning down a tobacco house

Dec 4, 1762,

Daniel Morgan was judged not guilty for the charge of burning down a tobacco house of Jeremiah Wood.



Sources:

Albert Louis Zambone page 39 in his book, "Daniel Morgan, A Revolutionary Life"


Frederick County Order Book vol 9 Orders of the Frederick County Court, 1760-1761, Frederick County Clerk of the Circuit Court.


Frederick County Order Book vol 11 Orders of the Frederick County Court, 1763, Frederick County Clerk of the Circuit Court, 89


Frederick County Order Book vol 10 Orders of the Frederick County Court, 1762, Frederick County Clerk of the Circuit Court, 404




 

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Sources for further research


Falmouth and the Shenandoah: Trade before the Revolution

Miles S. Malone

The American Historical Review

Vol. 40, No. 4 (Jul., 1935), pp. 693-703 (11 pages)

Published By: Oxford University Press



Allason Papers: Shenandoah Store Day Book, 1761-1763



William Allason


Collecting Debts

JAMES R. FICHTER

The Virginia Magazine of History and Biography

Vol. 130, No. 3 (2022), pp. 172-217 (46 pages)

Published By: Virginia Historical Society






.Which Thomas Pritchard?






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