At the May term, 1778, a somewhat embarrassing question presented itself. Some one of three persons, it would appear, had taken from Samuel Sherrill,[D] without his consent, his bay gelding, and left the country. They could not, therefore, get any one of the suspected persons into court or in custody, and they must have been in doubt as to which of the three did in fact ride the horse off; so they said: On motion it appears that Joshua Williams Johnathan Helms and a certain James Lindley did Feloniously Steal a certain Bay gelding horse from Saml Sherill Senr. Ordered that if the said Saml Sherill can find any property of the said Joshua Williams Johnathan Helms & said Lindley that he take same into his possession. So far as the record shows, they never caught any of the defendants, but Sherrill must have got close on them at one time; for, at the August term, the court “ordered that a saddle and coat the property of Joshua Williams be sold and the money arising therefrom be left in the possession of Saml Sherill.” They could not capture and punish the thieves, but they could and did authorize Sherrill to seize the property of the rascals wherever he could find it. The first case of high treason tried by the court was at the August term, 1778. This is the record: STATE } _v._ } _High Treason._ MOSES CRAWFORD. } It is the Opinion of the Court that the defendant be imprisoned during the present war with Great Britain, and the Sheriff take the whole of his estate into custody which must be valued by a jury at the next Court and that the one half of the said estate be kept by the said Sheriff for the use of the State and the other half remitted to the family of defendant. I have not examined the statute under which this _county court_ tried, convicted and imprisoned defendants charged with treason, and confiscated their property, to see whether or not they had a right to remit one half of confiscated property to the family of the defendant, for the reason that I do not wish to know how the fact was. I am satisfied with the record as they made it, and leave others to look up the statute. Having disposed of Crawford--and his property too--they took up the case of Isaac Buller, whom, as he had neither family nor property, and the evidence, if any was heard (on motion), was a little vague, they simply put him in prison until an opportunity should offer to make a better use of him. This is the summary manner in which they disposed of Isaac: On motion of Ephriam Dunlap that Isaac Buller Should Be sent to the Contl. Army, and there to Serve three Years or During the War On Hearing the facts it is Ordered by the Court That the said Isaac Buller Be Immediately Committed to Gaol and there Safely kept until the said Isaac can be delivered unto A Continent’l Officer to be Conveyed to Head Quarters.