This may shed some light on the discussion. It is located at:
http://bz.llano.net/gowen/dud/manuscript/Gowenms097.htm
William Going was one of 116 Rutherford County men who aligned with the
Tories during the Revolutionary War. They served in the defeated army of
Lt. Col. Patrick Ferguson in the Battle of Kings Mountain. Because of their
action they were charged with treason by the Rutherford County Court, and
their property was confiscated by the state. It is assumed that all of
these men fled the state.
In the battle 225 loyalists were killed, 163 were wounded and 715 were taken
prisoner. As to patriots casualties, 28 were killed and 68 were wounded.
The information below comes from "Morgan District, NC Superior Court of Law
& Equity; Misc. Records, Book III" and is a transcription of court
proceedings against suspected Tories.
"State of North Carolina }
Rutherford County }
At a County Court of Pleas and Quarter Sessions began and held for said
county on the Second Monday of July in the year of our lord one thousand
Seven Hundred & Eighty two, before the Worshipfull William Gilbert, James
Whithrow & Jonathan Hampton and Other Justices asigned & Duly Commd. With
full Power and Authority and Jurisdiction to hold the Said Court and to hear
try and determine all petit larceny, assault, Batteries, trespasses,
breaches of the peace and Other Misdemeanors of What Kind So ever of an
inferior nature and also duly Authorised and Impowered by an Act of Assembly
in such case made & provided to hear try adjudge & Determine all Cases of
Confiscated Property in the County aforesaid, The Jurors for the State on
their Oath present & Say that
William Mills, William Going, Arthur Taylor, Moses Whitly, Freeman Jones,
Thomas Townsend, Phelemon Hankins, Joseph McDaniel, Jeremiah McDaniel, John
Hendrix, James Kelly, James Lemar, William Adams Sen, William Adams Jur,
James Upton, Benjamin Adams, Benjamin Adams Junr, John Morgan, Moses Wright,
William Henson Jur, Giles Williams, Essex Capshaw, John McDaniel, Joseph
Clark, John Thomason, John Owins, Thomas George, William Thompson, Jeremiah
Webb, John Walburt, Isaiah Blackwell, William Webb, John Webb, Thomas Camp,
Micajah Proctor, John Camp, James Camp, John Camp Jur, David Morgan, William
Nettle Jur, Alexander Coulter, Joseph Moore, William Morgan, Thomas
Goodbread, John King, Elias Morgan Senr, James Cook Senr, John Goodbread,
George Revis, William Duning, Phillip Goodbread Jur, Federick Jones, Isham
Revis, John Davice, Neel Wilye, Ambros Mills, George Davice, George Davice
Jur, Gideon Rucker, Stophen Walburt, James Chitwood Sen, Joseph Chitwood,
Richard Chitwood, William Battle, James Capshaw, John Richardson, Stephen
Langford, Joseph Lawrence, Joseph Underwood, Stephen Shelton, Andrew Poor,
John Hutson, John Morris, William Hall, Shadrack Nettle, Tho. Whitesides,
Elias Brock, Mark Powell, William Henry, Barna King, Giles Reynolds, Samuel
Moore, Daniel Singleton, Jonas Bedford, Samuel Thompson, William Green,
Isaac Cooper, Abel Langham, Benjamin Bigerstaff, Joseph Baily, Muphord
Wilson, Caleb Taylor, Peter Dills, George Cox Jur, Edward Francis, Shadrack
Avery, Arthur Owensby, George Cox, John Jones, Samuel Hendrix, John Cox &
Joel Cox, David George, John Felts, Jesse Nettle, William Henson Sen, Brock
Davice, James Patterson, William Shephard, Benjamin Moored, William Capshaw,
Robert Taylor of Whiteoak, all late of the County of Rutherford, Planters,
not reguarding the Duty of their Allegance to the said State & her laws or
fearing the pains & penalties therein Contained on the first day of October
in the year of Our lord One thousand Seven Hundred & Eighty with force &
Arms in the County aforesaid Wickedly & treacherously entending and
Designing as for as in them lay to Overturn the present free Government of
this State & reduce the Inhabitants thereof Under the Power of the Army of
Great Britain then & now at Open War with this State and the United States
of America did then & there with force and Arms feloinously & treacherously
Knowingly & Willfully did aid & assist the said King by Joining his Army
Commanded by Major [Patrick] Ferguson and by bearing Arms in the Service of
the said King Against the Good Government Peace and Dignity of this State;
and the Jurors aforesaid on their Oath aforesaid do further Present & say
that by their felony and treason by them respective in Manner & form
aforesaid Committed have Severally forfeited their Goods & Chattels lands &
tenements to the State according to a form of An Act of Assembly in Such
Case made & provided.
A True Bill - William Porter, foreman. A true Copy of the Inquisition
found by the Grand Jury - Certified by me, Felix Walker C.C."
==O==
from Doug Kendrick