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shall make default in performance of the condition underwritten. The Condition of the above recognizance is such that whereas the above bound Robert Johnson Richard Johnson and Horace Bird stood charged before me G H Dillard a Justice of said County with having on the 26" of March 1866 in the said County together with divers persons unlawfully and riotously. assembled together to disturb the peace having then and there assaulted and beat one William J Newbill to the great disturbance and Terror of this Commonwealth - now if the above bound Robert Johnson Richard Johnson and Horace Bird do and shall personally appear before a Circuit Court on the 1st day of the next Term thereof to be holden for the County of Essex there to answer for the said offence and shall not thence depart without the leave of said Court and shall in the meantime Keep the peace and be of good behaviour to all the people of this Commonwealth, then the above recognizance shall be void otherwise to remain in full force and virtue.
"Taken and acknowledged befoe me this 31st day of March 1866 G H Dillard JP." The following is a Copy of the summons awarded against the defendants to answer the Indictment and the Sheriffs return thereon-
"The Commonwealth of Virginia, To the sheriff of Essex County Greeting "You are hereby commanded to Summon Robert Johnson Richard Johnson and Howard Bird to appear before the Judge of our Circuit Court for Essex County at the Courthouse thereof on the 1st day of November Term next to answer an Indictment of the Grand July found against them on the 25" day of April 1866 in our said Court for unlawfully riotously and routously assembling and gathering themselves together with divers others to the number of ten whose names were unknown to the said Grand Jury as yet unknown on the 26" day of March 1866, at __ in the County aforesaid, and within the jurisdiction of the said Court with force and arms to disturb the peace of the said Commonwealth & then and there being so assembled & gathered together did then and there make a great riot noise tumult & disturbance & then and there unlawfully riotously and tumultuously remained and continued together making such noises, riot, tumult and disturbance for the space of six hours then next following to the great terror & disturbance of all Citizens of said Commonwealth then passing & repassing along the common highway then and against the peace and dignity of the Commonwealth of Virginia. And this they shall in no wise omit under the penalty of $100. each. And have then there this
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