William Gilbert later cleared

A history of Tryon County says William Gilbert was later cleared.

In "The History of Old Tryon and Rutherford Counties," county historian Clarence Griffin says the one-time representative was expelled on Feb. 8, 1779, on charges of fraud for allegedly duplicating his vouchers while working as commissary of the Tryon County militia.

In a footnote (p. 71), Griffin says Gilbert denied his guilt and was later re-elected. 

In 1781, he was appointed a justice of the peace in the Rutherford County court and chosen as chairman. That October, the court heard testimony on the fraud charges and vindicated Gilbert with the following order:

It is the opinion of the court that the said William Gilbert is not guilty of the charge laid against him to the General Assembly, and we do certify that the said William Gilbert never plundered, nor was guilty of plundering, to our knowledge. 

Of course, Gilbert was in charge of the court at the time and the county's largest landholder, so one could be skeptical. The truth, Griffin notes, "in all likelihood will never be known."

William Gilbert kicked out for fraud

William Gilbert was kicked out of the House for fraud.

Born in Ireland, Gilbert moved to Western North Carolina in 1760 and became the largest landholder in Tryon (now Rutherford) County in an area that came to be known as Gilbert Town.

In 1779, he represented the area in the General Assembly, according to William S. Powell's "Dictionary of North Carolina Biography":

Later that year, after a six-month inquiry, he was expelled from the Assembly for "intentionally defrauding the publick." 

Nevertheless, Powell notes, he was immediately re-elected and served  until 1783.

Gilbert later worked as a justice of the peace, and his home did double-duty as a tavern and the county seat. The General Assembly found him guilty of forgery and removed him from the post. 

He moved to South Carolina, where his fortunes soured. He lost "a great deal of his property" and his children died in epidemics, Powell notes. 

Who has been expelled from the legislature?

Answer:

At least 13 people were kicked out of the legislature between 1757 and 1880.

Below, the year of their expulsion, their names, districts and alleged crimes.

1757: Rep. James Carter, of Rowan County, for embezzlement.

1758: Rep. Francis Brown, of Currituck County, for perjury.

1770: Rep. Herman Husband, of Orange County, for libel.

1779: Rep. William Gilbert, of Tryon County, for fraud.

1784: Rep. Edward Clay, of Caswell County, for theft.

1786: Sen. Benjamin McCullock, of Halifax County, for a military pay scandal.

1786: Rep. Henry Montfort, of Warren County, for a military pay scandal.

1787: Rep. John Bonds, of Nash County, for a military pay scandal.

1809: Rep. John Clary, of Perquimans County, for fornication with his stepdaughter.

1816: Sen. John Roberts, of Carteret County, for fraud.

1835: Rep. Robert Potter, of Granville County, for brandishing a gun during a fight.

1875: Rep. J. Williams Thorne, of Warren County, for publishing a "blasphemous" pamphlet.

1880: Rep. Josiah Turner Jr., of Orange County, for calling other legislators names.

In 2007, two House committees decided to consider expelling Rep. Thomas Wright of Wilmington.

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