Craven County, NC - Civil Actions Concerning Slaves & Free Persons of Color Part 1, 1788-1846 Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm File contributed for use in USGenWeb Archives by: Sue Guptill - sguptill@mindspring.com Craven County Civil Actions Concerning Slaves and Free Persons of Color no date 1788, 1806-1860, 1885 CR.028.928.7 John Daves, collector for duties on Negroes imported, vs Isaac Hill and Levy Fulsher 1788 John DAVES brought his complaint against Isaac HILL and Levy FULSHER: Take notice that at the next term of County Court of Pleas & Quarter Sessions I intend to move the court for judgment against you for the sum of £27.10 for duties on merchantize imported into this state for which you have jointly given bond but have failed to discharge the same and also for the cost accruing. You may appear and show cause why judgment should not be entered against you. 28 Feb 1788. Jury found for defendants, that negroes were imported for their own use. Plaintiff appealed and entered bond. 20 May 1788 Appeal in case John DAVES, collector of Port of Beaufort vs. Isaac HILL & Levi FULSHER for debt on bond on Negroes imported into state. It was determined by the court that defendants were not liable for bond. Attorney for defendant says that this determination is contrary to Act of Assembly and there are grounds for appeal. Mar term 1788 Civil Actions Concerning Slaves and Free Persons of Color 1800 Slip of paper that appears to be a verdict: Jury finds that the defendant did take the negro man Enoch of the goods and chattel of plaintiff. Negro was of value of $500. Further assess damages of six pence & costs. Determined that the plaintiff should recover the value of the negro from defendant; the defendant may by delivering the negro to the plaintiff enter satisfaction of this record. No date; no other names KILPATRICK & others vs. John TILGHMAN: [Handwriting very hard to read] Court charged the jury if they collected from the evidence that the plaintiffs knew of the [can’t read] of the deed of trust the hiring of the boy Ruben by the Trustee for one month & at the end of which time he was to be sold and that they attended at the time & place of sale and that one of the plaintiffs KIRKPATRICK perchased at the sale the girl Africa conveyed in the same deed of trust with the slave Ruben and subject to the same claims of the plaintiff now [can’t read] up to him. The court further charged the jury if the plaintiff that knew the sale was to take place at the time & place it did & he went off from the [can’t read] at the time the sale took place without forbidding the sale or setting of any title to the boy Ruben and that he and the other plaintiff KILPATRICK by their acts and conduct induced the defendant and others to believe that the title of the Trustee to the slave Ruben was undisputed and if they further believe that the plaintiff received cash [or each] of [can’t read] from the Trustee a portion of the money arising from the sale of the boy Ruben they are not entitled to recover. The jury returned a verdict for the deft. Rule for a new trial. [Can’t read] discharged. The plaintiff prayed an appeal to the Superior Court which is granted.No date Thomas MCGLIN & other against the Executrix of James CARNEY. This document is exceptions to a clerk’s audit of the estate regarding slave hires. There are 6 exceptions: 1. The clerk in his report charged the defendant with hiring of slaves at a larger amount without any evidence 2. The clerk charged the defendant in some instances with the hire of negroes during years when the slaves had run away and could not be hired out 3. Clerk charged defendant with higher sums for the hire of some slaves with no evidence to warrant 4. Clerk charged the defendant for the hire of a slave for several years when the slave was insane and on that account nothing could be received for him 5. The only evidence laid before the clerk of the number and prices of the slaves hired out by her testator for the benefit of the petitioners was the yearly lists kept by testator and furnished as evidence to the clerk for the purpose of showing the amount with which the defendant was chargeable which the defendant contends ought to have been taken as evidence. The clerk in his report charged the defendant with the hire of more slaves than appeared in the year’s list and in some cases higher prices than in the lists. 6. At the last meeting before the Clerk account was not finally done each left open for further testimony at the instance of the petitioners and another meeting this defendant if she had had an opportunity could have explained & disproved several charges against her. No date Civil Actions Concerning Slaves and Free Persons of Color 1806, 1808-1809 Note to Samuel CHAPMAN, Esq. from W. ROBINSON saying that a suit was instituted in his name for recovery against R. BARRINGTON for harboring a negro. The suit was brought by John LATHAM with his [ROBINSON’s] permission, but at his [LATHAM’s] own risk and benefit and all costs should be recovered from him. 6 Mar 1806 Summons for Willis RAWLES, William DAW, W.H. GASTON, and Jysey ROE to appear and testify on behalf of William ROBINSON in a case where ROBINSON is plaintiff and Richard BARRINGTON is defendant. Sept 1805 Summons for Thomas HALE and William TYRE to appear and testify on behalf of Richard BARRINGTON in a case where William ROBINSON is plaintiff and BARRINGTON is defendant. 10 June 1805 Warrant for Richard BARRINGTON to appear and answer a plea by William ROBERTSON that he render to him £50 which he owes and unjustly detains, damage £25. Mar 1805 Summons for Hollon BARRINGTON, Nathan BARRINGTON, & Benj. H. MARTIN to appear and testify on behalf of Richard BARRINGTON in a case where William ROBERTSON is plaintiff and BARRINGTON is defendant. 14 June 1805 Joseph Vicker vs. Lewis CROWELL & Silas NORTH: Witness charge by Seth NORTH charged to defendant. No mileage. June 1807. [Same charge was made dated Sept 1807, Mar 1807, Dec 1806, Sept 1808, Dec 1808, Mar 1808, Mar 1809, June 1809] [Note: In some places the plaintiff’s name appears to be Wicker and in others Vicker] Appearance bond by Silas NORTH & Lis CROWELL with Thomas HYMAN and Stephen FOWLER to appear and answer a charge by Joseph Vicker of trespass on the case. 10 June 1804 Joseph Vicker vs. Lewis CROWELL & Silas NORTH: Witness charge by Reuben BELL charged to defendant. No mileage. June 1809. (Same charge for Mar 1809, June 1807, Dec 1808, Sept 1808, Mar 1807, Dec 1806, Mar 1808, Sept 1807, June 1808, Dec 1807) Summons for Reuben BELL, William SHELLINGS, and Mrs. PICKETT to appear and testify on behalf of the defendants in a case in which Joseph Vicker is plaintiff and Lewis CROWELL and Silas NORTH are defendants. Dec 180__ Summons for William STANFORD & Seth NORTH to appear and testify on behalf of Joseph Vicker in a case in which Joseph Vicker is plaintiff and CROWELL and NORTH are defendants. Dec 1807 Summons for Elijah CONNER & Alsey LANE to appear and testify on behalf of Joseph Vicker in a case in which Joseph Vicker is plaintiff Silas NORTH is defendant. Dec 1809 Warrant for Lewis CROWELL and Silas NORTH to appear and answer Joseph Vicker of a plea of trespass on the case, damage £100. June 1806 Warrant for Silas NORTH to appear and answer Joseph Vicker in a matter of controversy where Vicker is plaintiff and Lewis CROWELL and NORTH are defendants. 12 June 1806 Lewis CROWELL & Silas NORTH, admin. vs. JOSEPH VICKER: Notice to the plaintiffs from the defendant’s attorney that the depositions of sundry witnesses for the defendants will be taken at the dwelling house of Roger RYLEY, Esq. in Berlin, Connecticut on 29 Jul next and where plaintiffs may attend. 15 June 1806 Joseph VICKER vs. Lewis CROWELL & Silas NORTH: Witness charge to plaintiff by Peter HILL, includes 160 miles. June 1809 Joseph VICKER vs. Lewis CROWELL & Silas NORTH: Witness charge to defendant by William SPELLINGS, includes no miles. June 1807. [Same charge made Mar 1809, Dec 1807, Mar 1807, Dec 1808, Sept 1808, Mar 1808, June 1808, Sept 1807, Dec 1806] Order from Craven Co., NC court to Roger RYLEY, Amos HOSFORD, and Solomon DUNHAM, Esq. for Hartford Co., CN to take the depositions of Seth NORTH and Jacob K. JONES in a case where Joseph VICKERS is plaintiff and Lewis CROWELL and Silas NORTH defendants. 10 June 1806. Back is certification that the depositions were to be taken on 29 Jul next at the home of Roger RYLEY, Esq. in the town of Berlin, CN. Order to Lucas Jacob BENNERS, Esq. to take the deposition of Seth NORTH in a case in which Joseph VICKER is plaintiff and Silas NORTH and ____ CROWELL are defendants. Dec 1808 Attached: Deposition of Seth NORTH: States he resided in New Bern, NC when the matter in controversy happened & was present when Mrs. WICKER then living in an adjoining house was whipping and beating a negro boy about ten years old; the deponent saw her take the boy by the hair & beat him with her fist & afterwards with a large stick too big the deponent judged to beat such a child with. She continued beating until the blood ran from his body & face at a great rate. I thought she would soon put an end to the child’s life. Then Silas NORTH the defendant spoke to Mr. CROWELL wishing him to take the child from her for he thought it a great piece of cruelty to beat a child in such a manner. Mr. CROWELL steps over the fence & took the child from her & let him into the defendants yard & opened the gate & bid him walk out into the street & in about two hours the deponent saw the boy in Mrs. WICKER’s yard. 13 Feb 1809 P.S.J.G. WILLIAMS vs. Timothy HOLMES: Witness charge to defendant by Samuel BROWN. Includes 110 miles. April term 1808. [Same charge made Jan 1807, April 1807] P.S.J.G. WILLIAMS vs. Timothy HOLMES: Witness charge to plaintiff by Debora ELLIS. Includes 120 miles. Jan term 1807. [Same charge made April 1808, Oct 1807] Order to Greene Co., NC sheriff to summon Henry BEST, Esq., Samuel BROWN, and Stephanus SHEPPARD to appear and testify on behalf of Timothy HOLMES in a matter in which Phereby S.J. Glasgow WILLIAMS by his friend is plaintiff and HOLMES is defendant. 15 Jan 1805 Order to Greene Co., NC sheriff to summon Deborah ELLIS, Nathan MINSHEW, Junr., & Elisha DOWNING to appear and testify on behalf of PSJG WILLIAMS by his next friend in a case where WILLIAMS is plaintiff and Timothy HOLMES is defendant. Apr 1807 Order to sheriff of Beaufort Co., NC to summon Nathan MINCEY to appear immediately and testify on behalf of PSJG WILLIAMS in a matter in which WILLIAMS is plaintiff and Timothy HOLMES is defendant. 23 Jul 1806 Order to sheriff of Craven Co., NC to summon William TAYLOR to appear immediately and testify on behalf of Timothy HOLMES in a matter in which P.S.J.G. GLASGOW is plaintiff and HOLMES is defendant. 22 Jul 1806 Order to Greene Co., NC sheriff to summon Joseph [can’t read], Deborah ELLIS, & Elisha DOWNING to appear and testify on behalf of Ferebee SJG WILLIAMS in a case where WILLIAMS is plaintiff and Timothy HOLMES is defendant. 15 Jan 1804 PSJG WILLLIAMS vs. Timothy HOLMES: Oath by defendant that Henry BEST is a material witness for him and he cannot safely come to trial without him. Henry has been summoned but does not attend. 28 Oct 1807 Order to sheriff of Wayne Co., NC to summon Jesse HOLMES to appear and testify on behalf of Timothy HOLMES in a matter in which P.S.J.G. GLASGOW is plaintiff and HOLMES is defendant. 4 Oct 1807 Order to sheriff of Greene Co., NC to summon Jesse HOLMES to appear and testify on behalf of Timothy HOLMES in a matter in which P.S.J.G. GLASGOW is plaintiff and HOLMES is defendant. 3 Apr 1807 Order to sheriff of Craven Co., NC to summon Thomas MATTHEWS to appear immediately and testify on behalf of Timothy HOLMES in a matter in which P.S.J.G. GLASGOW is plaintiff and HOLMES is defendant. Apr 1808 Order to sheriff of Craven Co., NC to summon James SMITH to appear and testify on behalf of PSJG WILLIAMS in a matter in which WILLIAMS is plaintiff and Timothy HOLMES is defendant. 15 Jan 1807 Order to sheriff of Greene Co., NC to summon Deborah ELLIS, Nathan MINCHEW Junr & Elisha DOWNING to appear and testify on behalf of PSJG WILLIAMS by his next friend in a matter in which WILLIAMS is plaintiff and Timothy HOLMES is defendant. 3 Apr 1807 P.S.J.G. WILLIAMS vs. Timothy HOLMES: Witness charge to plaintiff by Thos. MATTHEWS. Includes 150 miles travel. Apr term 1808 Pheriby S.J.G. WILLIAMS by his next friend vs. Timothy HOLMES: Witness charge to plaintiff by Joseph SCURLOCK. Includes 300 miles travel. Apr term 1808. [Same charge for Oct 1807, Apr 1807 (150 miles), Jan 1807, Jul 1806 (plaintiff identified as Phereby Sheppard James Glasgow WILLIAMS), Jan 1806 (105 miles), Jul 1805 (105 miles)] P.S.J.G. WILLIAMS by his next friend vs. Timothy HOLMES: Witness charge to defendant by Henry BEST. Includes 100 miles travel. Jul term 1807. [Same charge April 1807, April 1808, Jan 1806] P.S.J.G. WILLIAMS by his next friend vs. Timothy HOLMES: Witness charge to plaintiff by Henry BEST. Includes 100 miles travel. April 1808 P.S.J.G. WILLIAMS by his next friend vs. Timothy HOLMES: Witness charge to defendant by William TAYLOR. Includes 114 miles travel. Jul term 1807. [Same charge Jul 1806, Oct 1807, Apr 1808, Apr 1807] P.S.J.G. WILLIAMS by his next friend vs. Timothy HOLMES: Witness charge to defendant by Samuel BROWN. Includes 110 miles travel. Jan term 1806. [Same charge Jul 1806] P.S.J.G. WILLIAMS vs. Timothy HOLMES: Witness charge to plaintiff by Jesse HOLMES. Includes 110 miles travel. April 1808 P.S.J.G. WILLIAMS by his next friend vs. Timothy HOLMES: Witness charge to plaintiff by Elisha DOWNING. Includes 114 miles travel. Oct 1807. [Same charge Apr 1808] P.S.J.G. WILLIAMS by his next friend vs. Timothy HOLMES: Witness charge to defendant by William ROBERTSON. Includes 160 miles travel. Jan term 1806. [Same charge Jul 1806, Jan 1807, Jan 1806, Apr 1808] Deposition of William ROBERTSON taken in Edgecombe Co. regarding a matter of controversy between P.S.G. WILLIAMS by his next friend James GLASGOW and Timothy HOLMES, defendant. ROBERTSON stated that a considerable number of years ago (12-15) Willoby WILLIAMS came to his plantation and requested him to go with him to Charles MARCHMAN’s in Edgecombe Co & show him the way. ROBERTSON accompanied WILLIAMS to MARCHMAN’s, where he was asked to be a witness to a bargain between WILLIAMS and MARCHMAN where MARCHMAN sold WILLIAMS a negroe man named Millby, who ROBERTSON understood was laying out, and that WILLIAMS was to take the negroe man Millby as he ran at large; the bargain was that if WILLIAMS ever got the negroe he was to be his (WILLIAMS’) property; if he did not, it was no bargain. A few days afterwards, ROBERTSON happened by WILLIAMS; property and saw Millby at work; he asked WILLIAMS if he had got his negroe and he replied he had got him without much trouble; deponent [ROBERTSON] further says that he understood that the negroe was sold by MARCHMAN to WILLIAMS in part payment for a planation that WILLIAMS & his wife Nancy had sold to MARCHMAN in Edgecombe Co. on White Oak Sw. Deponent further says that he understood that the negro man Millby remained in the possession & service of WILLIAMS always afterwards, and was considered to be his property until he sold him to Col. MORING; there was a firm and absolute bargain and sale on the before mentioned conditions, of negro from MARCHMAN to WILLIAMS and a delivery as far as then could be, the negro being at large. 17 Aug 1805. Attached: Order appointing William ELLIS or any JP for the County of Edgecombe to take the deposition of William ROBERTSON in a matter in which P.S.J.G. WILLIAMS by his next friend James GLASGOW is plaintiff and Timothy HOLMES is defendant. 15 Jul 1805 Prosecution bond by F.S.G. WILLIAMS by his next friend Nancy WILLIAMS with Wm. O.SPIGHT & West EDWARDS to pursue his prosecution of a case where he (Glasgow WILLIAMS) is plaintiff and Timothy HOLMES is defendant. 15 Nov 1804 Order to Henry EDWARDS, Esq. or any JP for the County of GREENE to take the deposition of Samuel BROWN in a matter in which P.S.J.G. WILLIAMS by James GLASGOW his next friend is plaintiff and Timothy HOLMES is defendant. 15 Jul 1805 Summary of case Pherebee Sheppard James Glasgow WILLIAMS by his next friend Nancy WILLIAMS against Timothy HOLMES from Greene Co. Court. Case was brought in Nov 1803, and sheriff of Greene Co. was commanded to summon Timothy HOLMES and have him in court to answer the charge that he answer WILLIAMS, an infant by his next friend Nancy WILLIAMS that he render him one negro man slave named Millby of the price of £300 whom he detains to his damage of £320. 13 Aug 1803 Defendant appeared and pled General Issue and put himself upon the county for trial. Nov 1803 The trial was continued by consent of both parties several times until Nov 1804, when it came to trial. A jury consisting of Jeremiah BARROWS, Ruffin PRIDGEN, Daniel [torn], Ezekiel WARD, Thomas HOWELL, John SUGG Junr., Dewry ALDRIDGE, Adam HEATH, John HEATH, Samuel WADE, Theophilus DILLIARD and Henry MORING found that the the defendant does not detain the negroe in dispute, and ordered that the defendant recover £24.5.1 in court costs. The plaintiff disputed the judgement, and prays appeal to the Superior Court of Law for the District of Newbern, which was granted, and the plaintiff entered into prosecution bond with William V. SPEIGHT & West EDWARDS. 4 Dec 1804. Attached is a bill of costs in the suit Deposition of Samuel BROWN taken in Greene Co. in the matter in which P.S.J.G. WILLIAMS by his next friend James GLASGOW is plaintiff the Timothy HOLMES is defendant. BROWN states that in or about the year 1796 he happened at the dwelling house of Willoby WILLIAMS where was Colo GLASGOW and William TERRAL; WILLIAMS was boasting largely about his having one more negroe (a man Millby) by his wife Nancy than her father and given the rest of her sisters; GLASGOW replied to WILLIAMS that he need not boast, he wants to tell the company how it happened. Accordingly he related the case that was, that GLASGOW bought a plantation of Abraham BARNES in Edgecombe Co. on White Oak which land he gave to his daughter Mrs. WILLIAMS; that Mrs. WILLIAMS & her husband sold the land and by that means got the negro Millby. But they must observe, said GLASGO that he did not intend ever to make his daughter Nancy a right to any more or other lands as they had sold that, and got Millby and other property thereby. Deponent (BROWN) says that WILLIAMS & wife has previous to this been in peaceable possession & service of negro as well as he can recollect about 6 years and continued on until WILLIAMS sold Burwell MORING the negro which he believes to be about 6 years more. Deponent says that he was the whole time a near liver to them (WILLIAMS & GLASGOW) and never heard of GLASGOW, nor other persons setting up a claim to the negro until just before the sale of him to MORING. Further deponent believes GLASGOW never made of title to his daughter Nancy WILLIAMS nor to WILLIAMS himself to the land and plantation then did, and continued to live on until GLASGOW made a right of part to him the deponent, and the rest to Abraham DARDEN to whom it was sold. 10 Aug 1803. Summons for Elisha LEWIS to appear and answer Seth CHAPMAN of a plea of trespass with force and arms to his damage £300. 15 Jan 1804 Summons for Jacob POLLARD, Nasby MILLS, and Mary LEWIS to appear and testify on behalf of Elisha & Jon LEWIS in a matter in which Jesse CHAPMAN is plaintiff and Elisha and Jonathan are defendants. Apr 1808 Summons for Elisha LEWIS and Jonathan LEWIS to appear and answer Jesse CHAPMAN of a charge of trespass with force and arms, damage £250. Jan 1809 Summons to Pitt Co. for Abram SMITH to appear and testify on behalf of Elisha & Jon LEWIS in a matter in which Jesse CHAPMAN is plaintiff and Elisha and Jno LEWIS are defendants. Oct 1807 Summons for Allen KING to appear and testify on behalf of Elisha LEWIS in a matter in which Jesse CHAPMAN is plaintiff and Elisha and Jonathan LEWIS are defendants. Apr 1807 Summons for Jacob POLLARD and Nasby MILLS to appear and testify on behalf of Elisha & Jonathan LEWIS in a matter in which Jesse CHAPMAN is plaintiff and Elisha and Jonathan LEWIS are defendants. Oct 1807 Summons for William HARDY to appear and testify on behalf of Elisha LEWIS in a matter in which Jesse CHAPMAN is plaintiff and Elisha and Jonathan LEWIS are defendants. Apr 180_ Summons for John HALL to appear and testify on behalf of Jonathan LEWIS in a matter in which Jesse CHAPMAN is plaintiff and Elisha and Jonathan LEWIS are defendants. Apr 1807 Jesse CHAPMAN vs. Elisha LEWIS & Jonathan LEWIS: “The examination of witnesses in the above suite on the part of the plaintiff will take place on the 9th day of February next at the dwelling house of Lewis BRYAN esquire on Swifts Creek.” 29 Jan 1808 Jesse CHAPMAN vs. Elisha LEWIS & Jonathan LEWIS: “The examination of witnesses in the above suite on the part of the plaintiff will take place on the 22nd day of January instant at the dwelling house of Lewis BRYAN esquire on Swifts Creek.” 11 Jan 1808 Jesse CHAPMAN vs. E. LEWIS: Witness charge to plaintiff by John WILLIAMS. Includes 46 miles travel. Apr term 1809. [Same charge Oct 1808] Jesse CHAPMAN vs. E. LEWIS: Witness charge to plaintiff by Norman Camell Includes 53 miles travel. Apr term 1808. Jesse CHAPMAN vs. E. LEWIS: Witness charge to plaintiff by Jesse GIN. Includes 42 miles travel. Oct term 1807. [Same charge Apr 1808, Oct 1808] Jesse CHAPMAN vs. E. LEWIS: Witness charge to plaintiff by Thomas CAMPBELL. Includes 59 miles travel. Oct term 1808. [Same charge Apr 1809] Order to Lewis BRYAN, JP for County of Craven to take the depositions of Jesse GINN, Allen KING, Thomas CAMPBELL, Robert BULL in a matter where Jesse CHAPMAN is plaintiff and Elisha LEWIS & Jonathan LEWIS is defendant. Oct 1807 Deposition of Jesse GINN: Q. Do you know anything about Elisha LEWIS and Jonathan LEWIS beating and whipping of Jesse CHAPMAN negro man Ben? A. Yes, on the last Saturday in December 1806 I went with Ben to the house of Jonathan LEWIS and saw Elisha LEWIS strike Ben with a lightwood stick and also whip him with a cowskin around the head, then the door of the house was opened and the negro was ordered out, the fellow replied that he could not find the door and went the contrary way for the door, then Jonathan LEWIS took hold of Ben and carried him to the door and struck him several times with a cowskin, he fell or laid down at the door for near 3 hours. Since I have understood that Ben was blind from the abuse he received of the Lewises & he never gave them any abuse to ascertain them to beat him as I heard. Interogatory by defendant Jonathan LEWIS: What was the first of your knowledge of the dispute between Elisha LEWIS & Ben? A. Ben came to make complaint to Jonathan LEWIS that Elisha LEWIS had abused him. Jonathan LEWIS then told Ben to go in the kitchen and if he wanted anything to eat he should have it & that he did not ask him in the house to play the fiddle. 22 Jan 1808 Deposition of Robert BULL: Q. What do you know respecting of Elisha LEWIS and Jonathan LEWIS beating or whipping of Negro Ben the property of Jesse CHAPMAN? A. On the last Saturday of December 1806, Ben came to where I was shooting at a mark and appears to have his eyesight as well as common in looking for the shot. I had shot in a pine we then went to the house of Jonathan LEWIS, some of the company asked him in the house to play the fiddle for them. I went home early in the night. Before I left the company Ben appeared to be very drunk. 9 Feb 1808 Deposition of Allen KING: Q. What do you know respecting of Elisha LEWIS and Jonathan LEWIS beating or whipping of Jesse CHAPMANs negro Ben? A. I went with Ben to the house of Jonathan LEWIS in the time of the holy days of Christmas 1806. Sometime after we come to the house by the consent of Jonathan LEWIS Ben was asked in his house to play the fiddle for the company to dance. During Bens continuance in the house, Elisah LEWIS asked Ben if he would not change a chalk with him he also asked Ben if he did not think himself a champion. He answered him not amongst white people but he did among his own coler. Ben then stept out in the flower & Elisha LEWIS struck him as I suppose before he was ready for changing the chalk. There was no more said or done until after supper, Ben seemed to be not well please at LEWIS striking of him, then LEWIS offered to give him a pint of run to make up with him and say no more about it, after that Elisha LEWIS struck Ben with a piece of wood that was in the corner of chimney for the purpose of making of sight, Mr. Thomas CAMPBELL was present and requested him not to beat him with a stick but if he wanted whipping to whip him with a switch then Jonathan LEWIS brought him a cowskin he took that and struck him three or four licks then he threw down the cowskin and Jonathan LEWIS took it up & struck him three or four licks and pushed or drove him out of the house. By this time Ben appeared to be much in liquor from the spirits the company had given him. He either fell or laid down at the door for about two hours. I went out and tried to wake him up. I could not get him up. I after wards went to him and got him up and led him to the kitchen and he went in thro the door & up to the fire. Since that time I have heard he was blind. The fellow was not blind apparently when he went to the above house with me. I saw Ben about four weeks after and his eyes appeared to be bloodshot and the mark of a whip or stroke of a stick crossed his nose near his eyes and appeared blind. 9 Feb 1808. [Note: “Change a chalk” appears to be some kind of contest, but I can’t find any kind of definition of it]. Deposition of Jaco H. JONES of Berlin, CN of lawful age. Stated he resided in Newborn, NC last June & was at the house acquired by Silas & Seth NORTH & was present when Mrs. WICKER then living in an adjoining house was whipping & beating a boy—one of her servants as I understand. She took the boy by his hair & beat him with her fist & then with a large stick too big to beat such a child with until the blood ran from his body & face at a great rate. I saw Silas NORTH & Lewis CROWELL standing at Mr.NORTH’s door. CROWELL jumped over the fence & took the child from Mrs. WICKER & set him over the fence into Mr. NORTH’s yard & Mr.NORTH opened the gate & the child went into the street. Within 2 hours after I saw the child within Mrs. WICKER’s yard. 2 Jul 1806. Deposition of Seth NORTH of Berlin, CN of lawful age. Stated he resided in Newborn, NC last June. Was at the house acquired by Silas NORTH and myself & was present when Mrs.WICKER the living in an adjoining house was whipping and beating a Negro boy about 10 years old. Saw her take the boy by his hair & beat him with her fist and after with a large stick too big (I judged) to beat such a child with. She continued to beat him until the blood ran from his body & face at a great rate—I thought she would soon put an end to the Childs life. Then my brother Silas NORTH spoke to Mr. CROWEL wishing him to take the child from her for he thought it was a great piece of cruelty to beat a child in such a manner & Mr. CROWEL leapt over the fence and took the child from her and set him into our yard opened the gate and bid him walk out into the street. In about 2 hours I saw the boy in Mrs. WICKER’s yard. 29 Jul 1806 Civil Actions concerning slave and free persons of color 1811-1819 (broken series) Petition of Simon SIMONS, a free man of color. In the month of December 1811, having permission from Simon FOSCUE to cut wood from the land of FOSCUE, SIMONS associated with a man named Maxey DRIGERS, also a free man of color & agreed with DRIGERS that if he would assist in cutting a load of wood for petitioner and work as a hand in the field in bringing the wood to market, petitioner would, in return, haul from the wood for the landing (about a mile) with the horse & cart of petitioner, the boat load of wood which DRIGERS would cut for himself & DRIGERS should find for himself the provisions for the horse and cart at his own expense. Petitioner would work as a hand in the flat which should bring DRIGER’S wood to market. Upon this agreement, DRIGERS, petitioner, and petitioner’s son cut wood, producing not less than ten cord, of which DRIGERS cut five cord. Petitioner hauled the wood to the landing, boated to Newborn & every expense defrayed by deponent [petitioner—sbg]. DRIGGERS worked as a hand in the flat. From the proceeds, deponent advanced DRIGGERS a loan of $2. Petitioner is ready to comply with his part of the employment and to haul DRIGGERS wood & assist in boating it to market, but DRIGGERS has not yet cut the wood, but desiring to injure petitioner has drawn up an account, charging him for days work. Petitioner further shows that he resided in the neighborhood of DRIGERS & occasionally visiting with the family commenced a treaty for marriage with the mother of DRIGERS’s wife, who lived with him. Petitioner’s views were approved by the family & favored by the person who was the object of them. On visits that he made therefore with that desire, he believes were acceptable to DRIGGERS & encouraged by him. On those occasions he would stay at DRIGGERS generally one day or two nights. After the business was understood to be concluded except the actual celebration, petitioner understood some dispositions had been made of the property of the woman, intended to defraud his just expectations; he therefore after making necessary explanations withdrew his proposals for marriage & DRIGGERS & the woman seemed to be content. DRIGGERS included in his account a charge for boarding petitioner for 2 weeks. This account was brought to Tho. L. CHEADER, Justice, who executed a judgement against petitioner in the evening of Saturday 11 Jan. Deponent desired an appeal, but the time between the rendering and the retiring of the magistrate from his office was too short for him to obtain security. He attempted to offer security the following Monday, but it was rejected. A judgement has been levied against his horse and cart. 19 Jan 1812 Order to sheriff to collect 6 pence from Dempsey WILLIAMS & John A. GREEN, recovered against them by George, a man of color. Occ 1818 Appearance bond by Amos MADDEN with Moses JARVIS, bondsman to appear and answer a charge by John D. FRIOU that he render him a certain Negro woman slave named Hannah, value £300, which they unjustly detain. 14 Aug 1815 Prosecution bond by Joseph GREEN with Daniel SHAKELFORD, bondsman to prosecute his suit against William GATLIN. 5 June 1813 Warrant for Amos MADDEN to appear and answer John D. FRIOU of a plea that he render unto him a certain woman slave named Hannah, value $300 which MADDEN unjustly detains. June 1811 Settlement between J.D. FRIOU and Amos MADDEN: MADDEN will deliver to the plaintiff the negro due for & relinquishes all his claim & title to plaintiff. Each party pays his own attorney & defendant will pay residue of court costs. 5 Dec 1811 Deposition taken by Durant HATCH, JP of Jones Co. of Thomas GREEN concerning the matter in controversy between Joseph GREEN and William GATLIN. Thomas GREEN states that sometime in the month of September, 1812, he was at the house of John HARTLEY in Craven Co. where a conversation took place between Jos. GREEN and GATLIN relative to the sale of a negroe man offered by GATLIN to GREEN. The price being agreed upon, and a bill of sale offered offered to GREEN, when GREEN said that the bill of sale was not full enough. GATLIN replied that whenever they might meet elsewhere GREEN might have a bill of sale more to his liking, and he [GATLIN] would sign in. GREEN asked GATLIN if the Negro was sound and healthy and GATLIN answered he was sound and healthy as negroes commonly are. GREEN took the negro into possession two or three days after the conversation. Two or three weeks afterwards, the deponent then living with Joseph GREEN discovered the negroe to be unwell; he had a rupture, or was bussed, that all last winter the negroe worked with the deponent, and was often unable to work because of his infirmity. Deponent was on Joseph GREEN’s plantation from the time of the purchase until he discovered the negro infirm and he does not believe the hurt was received after he came to GREEN’s planation but before. Q. By defendant: Had not the negro a wife among negroes belonging to plaintiff’s ward? A. He had. Q. How long had you lived with the plaintiff before the purchase of the negroe? A. 4 or 5 months. Q. Were you acquainted with the Negro before the purchase? A. I was not. Q. Do you believe the plaintiff was acquainted with the negro before the purchase? A. I believe he was not. 13 Oct 1813 Order to Durant HATCH to take the deposition of Thomas GREEN in a cause in which Joseph GREEN is plaintiff and William GATLIN is defendant. Sept. 1813 Joseph GREEN vs. William GATLIN: Witness charge to plaintiff by John REEL. Includes 21 miles travel. March term 1814 Summons for David D. DUNN and Dempsey HOLTON to appear and testify on behalf of William GATLIN in a matter in which Joseph GREEN is plaintiff and GATLIN is defendant. June f1813 Warrant for William GATLIN to appear and answer a charge by Joseph GREEN of trespass on the case, damage $400. March 1813 Summons for John REEL, Aaron ERNULL, David DUNN, Dempsey HOLTON, & Jno. HARTLEY to appear and testify on behalf of Joseph GREEN in a matter in which GREEN is plaintiff and William GATLIN is defendant. June 1813 Joseph GREEN vs. William GATLIN: Witness charge to plaintiff by Dempsey HOLTON. Includes 21 miles travel. December term 1813 & March term 1814 Joseph GREEN vs. William GATLIN: Witness charge to plaintiff by John REEL. Includes 21 miles travel. December term 1813 Joseph GREEN vs. William GATLIN: Witness charge to plaintiff by John REEL. Includes 21 miles travel. September term 1813 Warrant for Elijah GIBSON to appear and answer a complaint by Roger JONES that he did ullawfully deal with, and buy from, some slave negroes, by the confession of Gibson, a negro then belonging to William CONWAY of Newborn, a certain cow bell which was stolen from off JONES’ cow in the months of April or May last past. Jan 1814 Summons for William B. PERKINS to appear and testify on behalf of Jon. S. GREEN &c in a matter in which George a man of color is plaintiff and GREEN is defendant. Sept 1815 George a man of color vs. Jno. S. GREEN and Dempsey WILLIAMS: Witness charge to the plaintiff by William B. PERKINS. Includes 28 miles travel. April 1816. George a man of color vs. Jno. S. GREEN and Dempsey WILLIAMS: Witness charge to the defendant by William B. PERKINS. Includes 28 miles travel. April 1816. George a man of color vs. Jno. S. GREEN and Dempsey WILLIAMS: Witness charge to the plaintiff by Dempsey HOLTON. Includes 28 miles travel. October 1815 & April 1816. Summons for Frederick LATHAM to appear and testify on behalf of Dempsey WILLIAMS, &c in a mater in which George a man of color is plaintiff and WILLIAMS is defendant. Sept 1815 Summons for James Okelly WILLIAMS to appear and testify on behalf of George a man of color in a matter in which he is plaintiff and D. WILLIAMS Jno. S. GREEN are defendants. Apr f1815 Summons for Dempsey HOLTON, Gabriel HARDISON, Michael POWERS, William PERKINS to appear and testify on behalf of George a man of color in a matter in which he is plaintiff and Dempsy WILLIAMS and Jno S. GREEN are defendants. Apr 1815 Warrant for Ismael ARONS to appear and answer William WHITFORD of a charge that he stole 8 barrels of turpentine. 7 Aug 1834 Summons for Michael POWERS to appear and testify on behalf of Dempsey WILLIAMS & others in a matter in which George a man of color is plaintiff and WILLIAMS is defendant. Apr 1815 George a man of color vs. Jno. S. GREEN and Dempsey WILLIAMS: Witness charge to the plaintiff by William B. PERKINS. Includes 26 miles travel. September 1815. Geo man vs. WILLIAMS & GREEN: Witness charge to the defendant by John WEST. Includes 10 miles travel. Oct 1815. Warrant for John S. GREEN & Dempsey WILLIAMS to appear and answer George a man of color of a plea of trespass with force and arms, damage £100. Mar 1814 Warrant for John S. GREEN & Dempsey WILLIAMS to appear and answer George a man of color of a plea of trespass with force and arms, damage £100. Dec 1813 George a man of color vs. Dempsey WILLIAMS and John S. GREEN: Witness charge to the plaintiff by Michael POWERS. Includes 14 miles travel. April 1816. Geo man vs. WILLIAMS & GREEN: Witness charge to the defendant by John WEST. Includes 10 miles travel. Apr 1816. George a man of color vs. Jno. S. GREEN and Dempsey WILLIAMS: Witness charge to the plaintiff by Michael POWERS. Includes 14 miles travel. October 1815. Warrant to Beaufort Co. for John S. GREEN & Dempsey WILLIAMS to appear and answer George a man of color of a plea of trespass with force and arms, damage £100. Mar 1815 Summons for Sarah LATHAM, Esther TYRE, John WEST, & Joseph GREEN to appear and testify on behalf of D. WILLIAMS & Jno. S. GREEN in a matter in which George a man of color is plaintiff and WILLIAMS & GREEN are defendants. Mar 1815 Summons for Reuben P. JONES, Roger JONES, & Thomas WATSON to appear and testify on behalf of George a man of color in a matter in which he is plaintiff and Jno S. GREEN & others are defendants. Mar 1816 Summary of case George a man of color vs. John S. GREEN and Dempsey WILLIAMS. 1. Warrant for GREEN & WILLIAMS to Craven Co., Dec 1813. This was returned by sheriff as “Executed on GREEN WILLIAMS not to be found.” 2. Similar warrant issued to sheriff of Beaufort Co., returned from term to term until the second Mon of June 1815, where it was returned “Executed on WILLIAMS, GREEN not found.” 3. On June 1815, defendants came into court and answered charge, saying that the plaintiff is a slave [without] leave to add pleas. 4. A jury came at the next term on the 2nd Monday of Sept 1815. The defendants plead general issue [deny the charge without any other explanation or defense]. A jury consisting of John BROUGHTON, Benjamin LANIER, William GRIFFIN, Worry KILPATRICK, Thomas JONES, James BATTLE, Thomas FAUNT, Joseph WIGGINS, John HAYS, George MOYE, Christopher DAWSON, and Martin STEVENSON say that the defendants are not guilty. The plaintiff appealed, and entered into bond with security. 5. Attached: Prosecution bond by John C. STANLY and Thomas A. DAVIS for the prosecution of the appeal by George. Sept 1815. Order to sheriff of Craven Co. to collect six pence from Dempsy WILLIAMS and John S. GREEN which George a man of color recently recovered against them; also 23.12.3 for costs. Apr 1916 Deposition of Stephen WILLIAMS taken 29 Mar 1810: Well acquainted with Isaac HARDY in the District of Marlborough and State of So. Carolina and knew him to have in personal possession for many years a Negro boy by name Demps and a Negro girl by the name of Charity. HARDY died possessed of the Negroes to the best of his knowledge. Deposition taken by Eli KING and James NETTLES. Deposition of Betsey KIRBY taken 29 Mar 1810: Well acquainted with Isaac HARDY, that she lived within a few miles of him at the time of his death and to the best of her recollection HARDY has been dead about 16 or 17 years. Further says that she knew a Negro boy by the name of Demps and a Negro girl by the name of Charity and that she had frequently seen the Negroes with Mrs. Hardy, wife of Isaac nursing their children and that general report in the neighborhood said they were the property of HARDY and that she always believed them to be his and never heard that any other person claimed them. Deposition taken by Eli KING and James NETTLES. Certification by Eli KING & James NETTLES that they took these two depositions of Elizabeth KIRBY & Stephen WILLIAMS at the house of William H. CONNOR in the District of Darlington & state of SC on 29 Mar 1810. Order to sheriff to collect £14.16.11 from Dempsey WILLIAMS & John S. GREEN, recently recovered by George a man of color against them. Apr 1819 The remainder of the documents in this folder are folded together: Rufus DAVENPORT, Charles W. DAVENPORT, James R. Maltbie, and John R. Maltbie vs. William H. JUDD: Suit by original attachment. Comfort JONES swears the following testimony is true: Q.: At time of serving of this attachment did you owe William H. JUDD any money, or did you have any property belonging to him in your hands? A: Did not owe him any money or have any property of his. Q: Did not William H. JUDD once own negroes Peter, Patsy, Serena, and Julia, which he obtained by his marriage—are not these negroes in your possession? If they are not the property of William H. JUDD by whom are the claimed and by what title? A: William H. JUDD did own the negroes named in the interrogatory, & acquired them by his marriage—In January last & she believes on the 26th day of the month and before this attachment was served upon her, she purchased the negroes from William H. JUDD, at the price of $1700, and actually paid him that sum in current bank notes—she actually had paid the whole consideration money before she was summoned as garnishee. Q: Did William H. JUDD keep the whole sum paid him by you in his possession, or did he place any part or the whole part of the money with any person to your knowledge and if with any person with whom? A: She does not know that Wm. H. JUDD left any part of the money with any person. She is informed & believes that he has left the state & she believes he took the money with him. 9 Mar 1819 IOU from DEWEY & JUDD to Davenport, Maltbie, & Co. for $803.24. New York, 9 Oct 1817 Order to sheriff of Craven Co. to collect $440 from Joseph FOWLER which Charles W. DAVENPORT, Rufus DAVENPORT, James R. Maltbie and John Maltbie recently recovered of him for debt, and the sum of $8.80 damages, and the sum of £3.15.9 court costs. Sept 1818 Davenport, Mattbie, & Co. vs. Wm. H. JUDD: Original attachment Oliver DEWEY sworn as garnishee says that at the time he was summoned as garnishee he had in his hands the merchandise stated in the schedule now produced, the estimated value on New York [can’t read] of which is $1699.42. These goods were part of the stock in trade of Dewey & Judd & deponent having a property in one half thereof, has assigned the same to Wm. HOLLISTER in trust for certain creditors in New York. These goods he is ready to concede to the sheriff in discharge of himself in this case.11 Mar 1819 Account of Dewey & Judd with Davenport & Maltbie from 29 Sept 1817-23 Sept 1918. Amount totals 172.9.9. Below this says, “Dolls 431.22” [Presume this means $431.22]. Davenport Maltbie vs. Wm. H. JUDD: Summons for Comfort JONES to appear and answer what sums of money are due by you to William H. JUDD and what sums are due you in the hands of any other person, or what effects of his are in your hands or what effects of his are in the hands of any there person or persons to the best of your knowledge. 25 Jan 1819 Davenport Maltbie vs. Wm. H. JUDD: Summons for James GRISWOLD to appear and answer what sums of money are due by you to William H. JUDD and what sums are due you in the hands of any other person, or what effects of his are in your hands or what effects of his are in the hands of any there person or persons to the best of your knowledge. 25 Jan 1819 Davenport Maltbie vs. Wm. H. JUDD: Summons for Oliver DEWEY to appear and answer what sums of money are due by you to William H. JUDD and what sums are due you in the hands of any other person, or what effects of his are in your hands or what effects of his are in the hands of any there person or persons to the best of your knowledge. 25 Jan 1819 John R. MALTBIE makes oath that William H. JUDD is indebted to Rufus DAVENPORT, Charles W. DAVENPORT, James R. MALTBIE, & John Rufus MALTBIE in the sum of $750. JUDD has removed or concealed himself so that the ordinary process of law cannot be served on him. This is a prosecution bond by John R. MALTBIE with John STANLY, bondsman, for $1500 to pursue their suit against JUDD. 25 Jan 1819. Order to sheriff to attach the estate of William H. JUDD to the amount to satisfy the debt ($750) owed by JUDD to Rufus DAVENPORT, Charles W. DAVENPORT, James R. MALTBIE, & John Rufus MALTBIE, plus costs, and to compel JUDD to appear and answer the complaint against him. 25 Jan 1819 Civil Action Concerning Slaves 1821 Warrant for Uriah SANDY & Stephen B. FORBES to appear and answer a charge by John OLIVER of a plea of trespass on the case, damage £120. Dec 1821 “Received Newbern Sep 20. 1820 from Mr. Uriah SANDY Twenty Five Dollars.” s/Jno. OLIVER Account of Uriah SANDY with Jno. OLIVER: Charges for cutting and finishing a scuttle in 1817 and for hire of carpenters in 1820. Total amount is $41.50 Account of John OLIVER with U. SAMDY: Lists various kinds of labor; also lists “work on Little John,” and “Culis for Little John.” [Not sure what this means] . Total amount is $42.70, paid in full. 8 Nov 1817 IOU from U. SANDY & Steph. B. FORBES to John OLIVER for $120 for hire of Negro man Ben. SANDY & FORBES to provide him with one winter suit of clothes and 2 summer, a blanket, shoes, & pay his taxes. Civil Actions Concerning Slaves and Free Persons of Color 1831-1838 (broken series) “Deed” by Richard FONVILLE for the purpose of setting a mulatto girl free, named Lurandy by Edmund WILLIAMS, have this day sold Lurandy about 18 to WILLIAMS. 21 Feb 1825. [Note: no amount of sale is mentioned. This appears to be transferring ownership to WILLIAMS, who will then free Lurandy]. Summons for James FREEBORN to appear and testify on behalf of Charles T. SAUNDERS in a matter in which Richard FONVILLE is plaintiff and SAUNDERS is defendant. May 1831. [2 copies of this in folder] Summons for Richard G. FONVILLE, Zacheus SLADE & Horatio WITHERINGTON to appear and testify on behalf of Richard FONVILLE in a matter in which FONVILLE is plaintiff and John STREET is defendant. Feb 1831 Summons for Marcus C. BOGEY & Richard G. FONVILLE to appear and testify on behalf of Charles T. SANDERS in a matter in which Richard FONVILLE is plaintiff and SANDERS is defendant. Feb 1831 Summons for Brice FONVILLE to appear and testify on behalf of Richard FONVILLE in a matter in which FONVILLE is plaintiff and Chas. SANDERS is defendant. No date Richard FONVILLE vs. Charles T. SANDERS: Witness charge by Horatio WITHERINGTON to plaintiff. Includes 20 miles travel. Aug 1831 Richard FONVILLE vs. Charles T. SANDERS: “Mr. FONVILLE wishes a writ of Replevin under the Act of 1828, Ch. 28 for a Negro woman Louinda of the value of $300. No date. [Writ of replevin is an antiquated legal remedy in which a person who wrongfully holds the property of another must return it immediately while the action is being adjudicated. The property must be specifically identifiable]. Notice by Chas. T. SANDERS to Richard FONVILLE that he [FONVILLE] is required to produce on the trial of this suit the original bill of sale from FONVILLE to Edmund WILLIAMS for the negro in dispute. On failure to do so inferior evidence will e given of its contest. 9 May 1831 Order to sheriff to replevin to Richard FONVILLE his negro woman Louinda, value $300 which Charles T. SANDERS took and unjustly detains as it is said. Also order to summon SANDERS to appear and answer FONVILLE of the taking & unjustly detaining his slave. Nov 1830 Oath by Zacheus SLADE, Constable of Craven Co. that for the sum of $21 paid by Charles T. SANDERS that he has sold to him a negro woman (the property of Edmund WILLIAMS) named Louinda, about 22 years of age, he [SANDERS] being the highest bidder. 10 Jan 1831. Back: Deed proved Feb term 1831 by oath of James FREEBORN Bond by Richard FONVILLE with Abner PASTEUR to Charles T. SANDERS. FONVILLE has today filed a writ of replevin to recover a negro woman called Louinda. Bond is void if FONVILLE performs the final judgment on the writ in the Court of Pleas and Quarter Sessions. 12 Jan 1831. Attached: Richard FONVILLE makes oath that he has been in the lawful possession of a negro woman slave named Louinda within two years next preceding this day and that he has been deprived of such possession without his consent. ___ Jan 1831 Case summary: 1) Complaint was made by William GASKINS, suit for himself and for the Wardens of the Poor of Craven Co. that John STREET owes him $100 as a penalty for buying of, trafficking with, and receiving from Frank a slave of GASKINS certain shingles without permission from GASKINS or anyone being the manger of the slave. Sheriff was therefore ordered to bring STREET to a JP to be dealt with as the law directs. 4 Nov 1828. 2) Statement by Hardy WHITFORD, JP that it was not proved that Frank belonged to Will. GASKINS, and the case is dismissed at the plaintiff’s cost. 8 Nov 1828 3) Plaintiff appeals, and gives bond with Shadrack GATLIN. 4) Both parties appeared with their attorneys at the Nov. 1828 court session, and entered into the rule “To Plead and Try.” The case was continued from term to term until May 1829. Jury of Thomas ROWE, Daniel ANDREWS, Henry JONES, William BENNET, Robert LEWIS, James TOLAR, William GRIFFIN, Samuel REID, Wiley KILPATRICK, Reuben SLADE, Rufus LATHAM, and Asa ARTHUR decided all issues for the defendant. Plaintiff appealed to Superior Court. Attached: Prosecution bond by William GASKINS, Hardy WHITFORD, Levin GASKINS to prosecute suit. 18 May 1829 Slip of paper with very faded ink that says, “Copy—Warrant for negro tradg in the case of Gaskins [can’t read] &c vs. Street in C.C.” William GASKINS vs. John STREET: Witness charge by Esau SEABROOK to defendant. Includes 48 miles travel. April term 1830. William GASKINS vs. John STREET: Witness charge by Esau SEABROOK to defendant. Includes 100 miles travel. October term 1830. William GASKINS vs. John STREET: Witness charge by Esau SEABROOK to defendant. Includes 40 miles travel. March term 1831. William GASKINS vs. John STREET: Witness charge by Asa ARTHUR to plaintiff. Includes 6 miles travel. April term 1830. William GASKINS vs. John STREET: Witness charge by Asa ARTHUR to plaintiff. Includes 6 miles travel. October term 1830. William GASKINS vs. John STREET: Witness charge by Asa ARTHUR to plaintiff. Includes 6 miles travel. April term 1831. William GASKINS vs. John STREET: Witness charge by Asa ARTHUR to plaintiff. Includes 6 miles travel. Oct term 1830. William GASKINS vs. John STREET: Witness charge by Esau SEABROOK to defendant. Includes 48 miles travel. April term 1832. William GASKINS vs. John STREET: Witness charge by Esau SEABROOK to defendant. Includes 90 miles travel. October term 1832. William GASKINS vs. John STREET: Witness charge by Esau SEABROOK to defendant. Includes 40 miles travel. October term 1831. William GASKINS vs. John STREET: Witness charge by Esau SEABROOK to defendant. Includes 0 miles travel. April term 1833. William GASKINS vs. John STREET: Witness charge by Asa ARTHUR to plaintiff. Includes 6 miles travel. April term 1832. William GASKINS vs. John STREET: Witness charge by Asa ARTHUR to plaintiff. Includes 6 miles travel. October term 1832. Summons for Esau SEABROOK to appear and testify on behalf of John STREET in a matter in which William GASKINS is plaintiff and STREET is defendant. Oct 1829 Summons to Green Co. for Platt WICKS to appear and testify on behalf of William GASKINS in a matter in which GASKINS is plaintiff and John STREET is defendant. Apr 1832 Summons for William HANDCOCK, Platt WICKS, Asa ARTHUR to appear and testify on behalf of William GASKINS in a matter in which GASKINS is plaintiff and John STREET is defendant. Apr 1829 Summons for Elijah CLARK to appear and testify on behalf of William GASKINS in a matter in which GASKINS is plaintiff and John STREET is defendant. Apr 1833 Oath by John STREET that Esau SEABROOK is a material witness for him in this case and that he is informed and believes that witness is about to leave the state. Affiant [STREET] swears that the plaintiff as he is informed lives within 30 miles of this place. Fall term 1832 Order to George WILSON & Jos. L. FOWLER, Esqrs. to take the deposition of Esau SEABROOK in a cause in which William GASKINS is plaintiff and John STREET is defendant. Oct 1832. Attached: Deposition of Esau SEABROOK, taken at the office of George S. ATTMORE, town of Newbern on 3 Nov 1832: SEABROOK swears that he was clerk for Jno STREET and slept at the store at the corner of the new county wharf formerly occupied by Benjamin GOOD—that Jno. STREET did not sleep at the store. On Sunday morning a free mulatto named Tom LONG offered to sell him some shingles about sunrise and he bot them at 11 shillings per thousand payable in trade and the quantity of shingles was two thousand and that they were landed on the end of the new county wharf where he STREET usually had his lumber landed, that he purchased them for Jno. STREET who was not present at the time of purchase—that when Tom LONG had landed the shingles he came up to the store in company with a negro man who witness did not know and had not seen before that he proceeded to pay for the shingles in trade, that after Tom LONG had recd. part of the pay, he told the negro he might take the balance—which he accordingly did. STREET came down sometime during the morning, but was not in the store as the witness recollects—witness was in the habit of purchasing lumber for STREET and informed him that morning that he had purchased the shingles from Tom LONG—the witness knew Tom LONG and knew no other owner of the shingles besides Tom LONG—and when Tom LONG told the negro that he might receive the balance of the pay witness asked him if the negro owned any part of them, to which he replied no that he had hired him to help him make the shingles— witness does not recollect of having any conversation with STREET relative to the purchase of the shingles until after he had paid for them, but STREET came to the store while Tom LONG was receiving pay for his shingles—and witness thinks from that circumstance that STREET knew of the purchase of the shingles—witness says that a few days after he purchased the shingles of Tom LONG, Wm. HANDCOCK called and as witness understood from HANDCOCK and STREET claimed the same shingles that he had purchased from LONG as having been stolen from HANDCOCK’s wharf. Small piece of paper that says, “James G. STANLY Esqr. I have authorized Dexter GIBSON to sign the appealing bond for me and in my name thinking you would want the certificates to ascertain the amount of the bond I have sent them they among to $42.13 and have my lawyers receipts $10 making $52.13.” s/W. HOLLAND, 12 NOV 1833 Authorization for Dexter GIBSON to sign name to appealing bond in the suit of D.B. GIBSON against me, and “his act in that case shall be as binding as if I signed with my own hand.” s/W. HOLLAND, 11 Nov 1833 Summons for James MARSHALL & James FOSCUE, Samuel HOOVER to testify on behalf of David B. GIBSON in a suit in which GIBSON is plaintiff and William HOLLAND is defendant. Apr 1834 Summons for Lucinda FOSCUE, Willliam T. OHLESBY, John P. IVES, William H. FLYBUS, Sally IVES, & William BAILEY to appear and testify on behalf of William HOLLAND, Esq. in a matter in which David B. GIBSON is plaintiff and William HOLLAND is defendant. Oct 1833 Summons for Solomon BELL & Peter PELITTIER to testify on behalf of David B. GIBSON in a suit in which GIBSON is plaintiff and William HOLLAND is defendant. Oct 1833 Summons for Amos ROWE, Esqr., Lucinda DOWDY and David H. DENNIS to appear and testify on behalf of William HOLLAND, Esq. in a matter in which David B. GIBSON is plaintiff and William HOLLAND is defendant. Oct 1833 Summons for Isaac W. HUGHES to testify on behalf of David B. GIBSON in a suit in which GIBSON is plaintiff and William HOLLAND is defendant. Oct 1834 Summons for Dennis WATSON, John W. IVES, Irving EBON, Alfred HAATCH, Samuel POTTER, William OGLESBY, John FOSCUE, Esther TYRE, Elizabeth IVES to testify on behalf of David B. GIBSON in a suit in which GIBSON is plaintiff and William HOLLAND is defendant. Oct 1834 Summons for Moses JARVIS & Elizabeth WYNNE to appear and testify on behalf of William HOLLAND, Esq. in a matter in which David B. GIBSON is plaintiff and William HOLLAND is defendant. Oct 1834 Summons for Margaret HOOVER, Church VENDRICK, William HOLLAND, Jr., & Dexter GIBSON, & William STEVENS to appear and testify on behalf of William HOLLAND, Esq. in a matter in which David B. GIBSON is plaintiff and William HOLLAND is defendant. Oct 1833 Summons for Alfred HATCH to testify on behalf of David B. GIBSON in a suit in which GIBSON is plaintiff and William HOLLAND is defendant. Oct 1834 Deposition of Lucinda FOSCUE now Lucinda DOWDY taken by Joseph PHYSIOC and Amos ROWE on 12 Apr 1833, the plaintiff not being present: Mrs. Lucinda FOSCUE, now Lucinda DOWDY states that she was living at the house of the defendant William HOLLAND, Esqr. some time in the month of January 1829 she believes on the Sabbath evening in that month W. Dennis WATSON and the negro man York a slave man the property of David B. GIBSON came to the house of the defendant William HOLLAND and while the defendant was sitting at his usual window reading a book or newspaper Wm. Dennis WATSON petitioned the negro man York to take the defendants horse and ride with Bill BLACK who was about to ride one of the defendants young horses for the purpose of braking him and Wm. WATSON to influence the negro York to ride went to the side board of the defendant & poured out a large dram from the decanter of the defendant when the boy Primus took the horse of the defendant to the piazza where the negro man York took the horse from the boy Primus and came to the door and told Mr. WATSON if he would give him another dram he would ride the horse whereas Mr. WATSON stept up and give him a second dram from the decanter of the defendant. When the negro man York was persuaded not to ride the horse he was too drunk he replied he would ride him to hell. Deponent further states that she did not see the negro man York ride the horse but she heard an outcry that they was a coming when the deponent stept up to look out where she saw the negro man York down in the land as though he had fell from the horse Question by the defendant Will. HOLLAND: Do you or do you not know that knew nothing of the transaction? Answer: I do not know, but do not believe that you knew anything about the matter for you was sitting at the window reading. Question by the defendant: Do you not know that Mr. WATSON swore false against me in a trial against the man York at Will PHYSIOCS? Answer: From my being an eye witness at the time his evidence could not be true agreeable to what I saw or what came under my observation. Attached: Order appointing Joseph PHYSIOC and Amos ROWE to take deposition of Lucinda FOSCUE and others. Feb 1833 “Dear William I have sent you some papers to give to my lawyers if the Court will not continue the cause or the the cause is continued you will keep the papers and return them to me again if the court will not continue it get the lawyers to have it postponed if only for one day and let me know immediately at any expense and may be that I may be able to get up to Newbern please to do the best you can for me and obliged. Your friend W. HOLLAND.” 20 Oct 1834 David B. GIBSON vs. William HOLLAND: From Craven. This was an action on the case and the facts were that the defendant without any authority from the plaintiff written, express or implied procured the plaintiffs slave to ride a race in which the horse fell and seriously injured the slave. The defendant objected to the plaintiffs recovery upon the grounds: 1st: That is was an injury without any remedy 2nd: That if any action lay it was trespass [can’t read the rest]. But the court being of opinion that the present action was sustainable was properly brought a verdict and judgment was rendered accordingly in favor of the plaintiff from which the defendant appealed. No date Complaint of William HOLLAND that on or about the 10th of Jan 1831 a certain negro slave named York belonging to David B. GIBSON did take his old chear [chair] here from and by force from one of his Negro boys and threw him down and otherwise injured him without leave or permission and without the knowledge of William HOLLAND. Order to sheriff to apprehend York and bring him to Amos ROWE or another justice of the peace. 9 Aug 1832. Below this: Summon for the plaintiff Lucinda FOSCUE, Stephen W. WINN, William HOLLAND Junr., & negro Prymus & Bill BALCK & Hannah [can’t read], Zack and Paddy. Must also notice his said owner David B. GIBSON of the time place and day of his trial. Back: “The officer will take the Negro man York and give him fifteen lashes well layed on with discretion. 12 Aug 1833. Also on back: Within warrant was continued by the oath of the defendant for the want of the evidence of Mr. Solomon BELL, till Thursday the 22nd day of this instant 11 Aug 1832. Summary of case from county court: Bill of complaint brought by David B. GIBSON against William HOLLAND Feb 1832. Warrant issued for William HOLLAND, Senior to answer David B. GIBSON of a plea of trespass on the case, damage $500. 1 Feb 1832 Writ of endorsement by David B. GIBSON that he is informed that there is no sheriff or coroner in Craven Co. to execute this writ and that he has a just cause of action against the defendant. 1 Feb 1832 James HEYWOOD deputized to execute warrant by sheriff W. HUGGINS. 4 Feb 1832 Writ returned by HEYWOOD that it came too late to execute. 7 Feb 1832. Warrant later executed. Plea by defendant of General Issue, Statute of Limitations, and leave to add. Jury trial ordered, and case continued until August 1833, when by consent of both parties the case was referred to Alfred HATCH and Council B. WOODS, and if they disagree, to choose an umpire, to be a judgment of court with leave to either party to appeal. Matter was therefore continued until Nov. term 1833. Referees [HATCH and WOODS] awarded the plaintiff damages for the injury alleged those been sustained by him by the acts of the defendant, but the referees disagree as to the amount of damage, and appoint A. F. GASTON their umpire to ascertain the amount. GASTON awarded the plaintiff $100 and all costs to be paid by defendant. Defendant was dissatisfied with the judgment, and prayed an appeal, posting bond with Dexter GIBSON and John S. MORRIS. Back: Calculation of court costs Attached: Prosecution bond by William HOLLAND with John S. MORRIS and Dexter GIBSON, bondsmen. 13 Nov 1833 Notice to William HOLLAND, Esqr. That on the 29th day of this instance at the dwelling house of David B. GIBSON, that GIBSON will take depositions to be used in a suit now pending in which GIBSON is plaintiff and HOLLAND is defendant. 3 June 1833. Attached: Order to Joseph PHYSIOC and Alex GASTON to take the depositions of Dennis WATSON, Esther TYER, and Elizabeth IVES in a case in which David B. GIBSON is plaintiff and William HOLLAND is defendant. _____ 1832 Attached: Depositions Dennis WATSON: On Sunday Jan 1831, deponent visited the house of William HOLLAND in company of York, property of David GIBSON & Bill BLACK, a free negro. After some conversation HOLLAND asked York if he did not know that he was his master, to which York said yes. Bill BLACK the free boy in the course of the evening caught a young horse belonging to HOLLAND & commenced riding him about the plantation. Upon this HOLLAND inquired of York if he had forgotten how many races he had won for him on his Mark Anthony horse. York replied that he had not forgotten. HOLLAND then asked York if he could not take one of his old horses & beat Bill on his young race horse. York said that he could. ‘Come then, my man, and take another drink to make you ride strait.’ (He had previously given both of the boys one dram). Upon this the two negroes went off for the purpose running the two holes, and in the race that took place the boy York was thrown the horse falling on him, by which he (the boy) was very much injured. York stated to deponent that he was much hurt in the breast & on his shoulder; that after this HOLLAND attempted to bleed him, but without effect. Saw the negro several times after he was laid up for some months, and deponent believes from the effect of the bruises he received from the fall of the horse. Question by plaintiff: Did you see Mrs. FOSCUE at Mr. HOLLAND’s that afternoon. Answer: Saw her when I first got to the house, after that no more until some time after the boy had been injured & had left the house. Esther TYRE: Lives at Mr. GIBSON’s. Negro boy York was injured in January 1831. From that time until late in the fall he was unable to do the slightest work for his master. Late in the fall he attempted to knit a net & to make some baskets but complained excessively of pain in the breast & shoulders. In attempting to split basketwood, he fell exhausted. From this time until June 1832 he did no work. In June he endeavored to make a hot helve, but was completely overcome by his exertions, and was laid up a week from the effort without being able to walk. He did not work from that period until August. From that time until the present he has kept about; but is always affected by bad weather or heavy strains. Elizabeth IVES: On the night of Sunday January 1831, Negro boy York arrived to Captain POTTER’s; that understanding that he was fainting she went out to see him. He was perfectly speechless, and appeared to be very much injured. He remained so all night & the next day Captain POTTER’s negroes carried him to his masters. Question by plaintiff: Do you recollect Mrs. Lucinda FOSCUE saying anything of the circumstances of York being injured? Answer: She heard Mrs. FOSCUE say that she knew nothing about it. That she was in the room all the evening & never went out amongst them. Warrant for William B. WADSWORTH to appear and answer Abram BRYAN of a charge of trespass with force and arms, damage $100. April 1835 Prosecution bond by Domum MUMFORD with Jacob MCLURE, Robert CAUSWAY, Robert BRYAN, Benjamin HENRY, bondsmen, to prosecute his suit against William B. WADSWORTH. 5 Sept 1835 Abram BRYAN vs. Will WADSWORTH: Summary of case as sent to Superior Court: This was an action of trespass with force and arms brought for the purpose of trying the question of the liberty of slavery of the plaintiff. Defendant pleaded that the plaintiff Abram is the proper slave of the defendant and that he cannot maintain an action. The following facts are admitted—the plaintiff was originally the proper slave of one Elizabeth HENRY of Craven Co and so being her slave she filed her petition in writing to the Court of Pleas and Quarter Sessions in words following: “…the petition of Elizabeth HENRY respectfully showeth that she is possessed of the following slaves whose meritorious services she desires to reward with the blessing of freedom, viz Chelsea and her children Peter Hannah Abram and Rosanna; Tench and her child Ben; Rose and Peggy. She prays that she may be permitted to emancipate the slaves at such time as she may think proper. March 17th 1808 E. HENRY” The court at the Mar term 1808 made an order decree in the words following: “…Ordered that the petitioner have the permission prayed upon complying with the directions of the Acts of the General Assembly in such cases.” Elizabeth HENRY with John C. STANLY her security entered into bond, payable to the governor for £200; the condition of the bond being “…permission given to Elizabeth HENRY to emancipate and set free a certain negro slave named Abram—now if the said Negro so permitted to be liberated shall during his residence in the state of North Carolina behave himself as an honest and peaceable citizen that the above obligation be void.” [In other words, if Abram does not behave in an honest and peaceable citizen, then HENRY or STANLY will have to forfeit the £200—sbg]. A similar bond was posted with John TILLMAN, Esqr., Chairman of Craven County Court for £100, with the same conditions. Abram is the slave in the petition, order, and bonds. Abram remained in the possession of E. HENRY until 4 Jan 1820, and during the whole of that time she claimed and held him as her slave and exercised control over him as his mistress and owner—and that E. HENRY had executed and delivered to some of the slaves mentioned in the petition and order (all of whom she had continued in the actual possession of) deeds of liberation or emancipation, but to Abram she made no such deed nor did any act whereby to express her determination to liberate him, but on the contrary on 4 Jan 1820 she sold him to Thomas WADSWORTH for $450, and by deed conveyed the boy Abram to Thomas WADSWORTH. Abram continued in the possession of Thomas WADSWORTH until ____ 1829, on which day he sold Abram to the present defendant, who has kept possession of him until the present action. E. HENRY died on about ___ February 1825[or8] and was at the time of her death seized & possessed of a large real & personal estate over and above her debts. Court rendered judgement for the defendant, and plaintiff appealed. State vs. James CULLEY: Witness fee by Peter George to the plaintiff. Includes 56 miles travel. May term 1834 Appearance bond by James CULLEY with James GODET, William CARTER, and William CULLEY, bondsmen to appear and answer a charge by the state of assault and battery. 26 Mar 1836 Warrant for James B. CULLEY to appear and answer the state upon an indictment for an assault & battery. Nov 1835 Summons for John NEALE to appear and testify for the state in a matter where the state is plaintiff and Jas. CULLY is defendant. Nov. 1836 A complaint was made by Peter GEORGE, Senr., a free man of color that on 3rd day of this instant that James CULLEY, a free man of color did with force and arms beat, wound, and ill-treat him such that he considered himself in danger of his life. Order to any officer of the county to bring CULLEY before Abner NEALE or any justice of the county to answer the charge. 6 Aug 1835 Appearance bond by James CULLEY with James GAUDETT and William DOVE to appear and answer the charge against him, and in the meantime to be of peaceable behavior towards the state and all good citizens and of good behavior to Peter GEORGE. 5 Sept 1835 Indictment of James CULLEY for an assault on Peter GEORGE on 1 Nov 1835. Nov term 1835 Summons for Peter GEORGE to appear and testify on behalf of the state in a matter in which the State is plaintiff and James CULLEY is defendant. Nov 1835 Summons for Peter GEORGE to appear and testify on behalf of the state in a matter in which the State is plaintiff and James CULLEY is defendant. Feb 1836 Warrant for James B. CULLEY to appear and answer the state upon an indictment for an assault & battery. Feb 1836 State vs. James CULLEY: Witness fee by Peter George to the plaintiff. Includes 56 miles travel. Feb term 1836 Order to sheriff to replevy unto Allen ANDERSON his girl slave Harriet of the value of $500 and his negro boy slave named Green of the value of $300 which Henry HILL took & unjustly detains, and that sheriff summon Henry HILL to appear and answer Allen ANDERSON of the taking & unjustly detaining his slaves. Aug 1838 Bond by Allen ANDERSON with Elisha GRIFFIN to Henry HILL to perform the final judgment on his writ of replevin. 4 Sept 1838. Civil Actions Concerning Slaves 1842, 1845 IOU from Wm. H. HANCOCK to Mrs Sarah WORTHINGTON for hire of her negro man Jeny for the year 1871, $75. Newbern, 1 Jan 1842 To David C. FREEMAN: Having been arrested on a ca sa at the instance of Sarah WETHINGTON by William B. BRINSON, constable to appear at the County Court of Craven on the 2nd Monday of Aug next & show cause if any why I shall not be discharged as an insolvent according to law. Newbern 12 Jul 1842. s/William H. HANCOCK To Mr. Thomas S. GOODING, Sr.: Having been arrested on a ca sa at the instance of Sarah WETHINGTON by William B. BRINSON, constable to appear at the County Court of Craven on the 2nd Monday of Aug next & show cause if any why I shall not be discharged as an insolvent according to law. Newbern 23 Jul 1842. s/William H. HANCOCK To James K. HATTEN: Having been arrested on a ca sa at the instance of Sarah WETHINGTON by William B. BRINSON, constable to appear at the County Court of Craven on the 2nd Monday of Aug next & show cause if any why I shall not be discharged as an insolvent according to law. Newbern 12 Jul 1842. s/William H. HANCOCK To William R. STREET: Having been arrested on a ca sa at the instance of Sarah WETHINGTON by William B. BRINSON, constable to appear at the County Court of Craven on the 2nd Monday of Aug next & show cause if any why I shall not be discharged as an insolvent according to law. Newbern 23 Jul 1842. s/William H. HANCOCK To James E. HOYT: Having been arrested on a ca sa at the instance of Sarah WETHINGTON by William B. BRINSON, constable to appear at the County Court of Craven on the 2nd Monday of Aug next & show cause if any why I shall not be discharged as an insolvent according to law. Newbern 12 Jul 1842. s/William H. HANCOCK To Thomas A. DENELL: Having been arrested on a ca sa at the instance of Sarah WETHINGTON by William B. BRINSON, constable to appear at the County Court of Craven on the 2nd Monday of Aug next & show cause if any why I shall not be discharged as an insolvent according to law. Newbern 12 Jul 1842. s/William H. HANCOCK To Mrs. Sarah WORTHINGTON: Having been arrested on a ca sa at your instance by William B. BRINSON, constable to appear at the County Court of Craven on the 2nd Monday of Aug next & show cause if any why I shall not be discharged as an insolvent according to law. Newbern 23 Jul 1842. s/William H. HANCOCK Order to the Coroner of Craven Co. to replevin to Ann SMITH her negro slaves: Woman Patty about 34 years old, black, thin visage, spare made of the value of $300 John, a child of Patty, 5 months old, black, value $50 Peter, child of Patty, black, 12 years old, value $300 Hagar, child of Patty, black, 7 years old, value $200 Mary Ann, black, well set or stout, full face, about 28 years old, value $400 Laura, child of Mary Ann, black, about 7 years old, value $200 Stephen, about 50 years old, dark complexion, thin visage, about 5 feet six or eight in height, value $200 Mingo, about 70 years, stout frame, about 6 feet 3 or 4 in height, value $50 Henry, about 17 years, dark complexion, well-set or stout, about 5 feet 3 or 4 in height, value $500 Emmanuel, about 35 years, black, about 6 feet high, value $500 Betty, black, stout-built, common height, about 40 years, value $150 Henrietta, child of Betty, about 7 years, dark complexion of the value of $175 which John B. DAWSON took and unjustly detains, it is said; and that you summon DAWSON to appear before the Judge of Superior Court for the County of Craven on the 4th Monday after the 4th Monday of March next to answer Ann SMITH of the taking and unjustly detaining the negroes. 4th Monday after the 4th Monday of Sept. [that is, 4th Mon. of Oct-sbg], 1842 [Note: This was written out in paragraph form. I re-formatted so it would be easier to read. See earlier document for definition of replevin]. Bond by Ann SMITH with John BLACKSHEAR & Adrian VAN BOKKELEN, bondsmen, to pursue the final judgement on the writ of replevin against John B. DAWSON to recover possession of her negro slaves: Emmanuel, woman Betty and Sidney and Henrietta children of Betty. 1 Dec 1842 Ann SMITH vs. Jno. B. DAWSON: Jury find all issues in favor of plaintiff, and it appearing to the court that the slaves were returned to the plaintiff by the sheriff executing the writ, it is considered by the court that Ann SMITH recover of the defendant double damages of the costs and taxes of the case. No date Oath by Ann SMITH that she has been in the lawful possession of the following slaves: Emanuel, woman Betty and her two children Sidney and Henrietta within two years next preceding this day and that she has been deprived of such possession without her permission, and that the slaves are of the value of $1014.33. 1 Dec 1842 Charge to James SHACKELFORD by John B. DAWSON, sheriff for 4 days jail fees of 4 negroes @$.40/day (Total $6.40) and for receiving and releasing ($2.40), charge $8.80. Newbern 2 Dec 1842. s/Jno. B. DAWSON, sheriff; Jno. A. CRISPIN, D.shf. Order to the Coroner of Craven Co. to replevin to Ann SMITH her negro slaves: Betty, black, stout built, common height, about 40 years old, value $164.33 Sidney, child of Betty, about 7 years old, dark complexion, value $175 Henrietta, child of Betty, about 7 years old, dark complection, value $175 Emanuel, about 35 years old, black, about 6 feet high, value $500 which John B. DAWSON took and unjustly detains, and order that John B. DAWSON personally appear before the judge of Superior Court of Law for the County of Craven on the 4th Monday after the 4th Monday of March next, to answer to Ann SMITH of the taking and unjustly detaining her negro slaves. 4th Monday after the 4th Monday of Sept. [that is, 4th Mon. of Oct-sbg], 1842. Back: “It having been made to appear to me William B. GASTON one of the Judges of the Superior Court of North Carolina that there is no proper officer of the County of Craven who can lawfully serve or execute the within writ I do hereby authorize and common Risden MCDANIEL, Esq., the sheriff of the County of Jones to serve and execute the same. 1 Dec 1842. s/Will. GASTON [Note: In both of these replevin cases, Ann SMITH vs. John B. DAWSON, the order is to the coroner, rather than the sheriff, as would be the usual procedure. That’s because John B. DAWSON WAS the sheriff; that’s also why the sheriff of Jones was ordered to serve the writ]. [Note: The handwriting in this document is very difficult to read]. Complaint by Thomas FENNER, free man of color, that on 5 Apr last past Edwin D. THORPE swore out a warrant against him saying that FENNER owes £20 ($40) as a fine for employing a decked boat on the waters of Craven County (no white man forming a part of the crew thereof) without having first given [can’t read] as is required by law, in violation of an act entitled “An Act Regulating Slaves Navigating Decked Boats in Craven County.” The damage is $10. The sheriff is ordered to bring FENNER to a Justice of the Peace within 30 days 5 Apr 1845. Petitioner [FENNER] furthers shows that this was served on him by PARSONS on the 15th of April and he was notified to attend trial the next day at 9:00 AM before Oscar P. DUDLEY, Esq., a justice who lived several miles from him and whose residence was on the other side of Clubfoots Cr. (a wide stream) from petitioner and that he left home early in the morning in ample time to get there but was delayed in consequence of the boats being gone unexpectedly in which he had to cross the creek, that he crossed as early as he possibly could and arrived at the place of trial a very short time after the time appointed, and there were trials & business going on and after waiting some time for his case to be called he mentioned it and was informed he had come too late and judgment had been given against him for $40 and costs. He then begged the Justice to hear his case, informed him he had no such boat as was charged in the warrant and that he was prepared to prove the same, but his being too late was reiterated and persisted in and no one listened to his complaints. Petitioner further pleas that he was told he could do nothing and that the case would not be taken up again and he had no opportunity of either defending his case of appealing from the judgment. Pet. Shows that he is very illiterate and ignorant of law business and consequently did not know what to do until he had an opportunity of [can’t read] that he has not as he is advised violated the Statute mentioned and the said THORP has either through [can’t read] or ignorance of the Magistrate obtained a judgment most unjustly against him. He [FENNER] understands that the judgment is now in the hands of Willam MARSHALL for collection and he is about to be unjustly deprived of his property for want of an opportunity of defense. Pltff prays process of [can’t read]. 9 Aug 1845. Attached: Order to the clerk of the Superior Court to issue a writ to the sheriff ordering him to cause Oscar D. DUDLEY, Esq. to record the complaint which was before him between Edwin D. THORPE and Thomas FENNER touching a certain penalty for unlawfully navigating a decked boat, etc. Sheriff to have the record and associated bond before the next Superior Court. s/M.E. MANLY, judge of Superior Court. 25 Aug 1845 Thomas FENNER vs. Edwin D. THORPE: Oath by THORPE that he was present at the trial of the justice’s warrant mentioned in the plaintiff’s petition and that he did not hinder or attempt to hinder FENNER from appealing from the judgment rendered against him, nor did Oscar P. DUDLEY the justice who tried the warrant, but that all present left the ground without the plaintiff having expressed any desire to appeal. 24 Oct 1845 Order from Will.BLACKLEDGE, clerk of court, to sheriff to cause Oscar P. DUDLEY to record the plaint which was recently before him between Edwin D. THORP and Thomas FENNER touching a certain penalty for unlawfully navigating a decked boat, etc. and have the record before the next term of Superior Court on the 4th Monday after the 4th Monday of Sept. 27 Aug 1845 Edwin D. THORP vs. Tho. FENNER: Defendant Tho. FENNER makes oath that he has been informed that Edwin D. THORP has since the last term of court made an assignment of all his property and become insolvent. 20 Apr 1846 Complaint having been made by Edwin D. THORPE who sues for the County of Craven complains of Thomas FENNER that he render the sum of £20 ($40) which he unjustly detains for a penalty for employing a decked boat upon the water of Craven County (no white man forming a part of the crew) without first giving bond as required by a private act of the General Assembly of the State passed in the year 1817, Chapter 85, entitled “An act to regulate slaves navigating decked boats in Craven County,” damage $10. Sheriff is commanded to bring FENNER within 30 days before a Justice of the County to answer complaint. 5 Apr 1845. (Jeremiah PARSONS deputized to execute and return). Back: Judgment against defendant for $40 and costs. 16 Apr 1845 Calculation of costs in suit E.D. THORP vs. Thos. FENNER, spring term 1846 Summons for Joshua NEALE, Thos. S. SINGLETON, Thomas SPARROW, & Alexander MITCHELL to appear and testify on behalf of Thomas FENNER in a matter in which Edwin D. THORP is plaintiff and FENNER is defendant. Oct 1845 Warrant to Lenoir County for Joseph BRUGMAN (person of color) to appear and answer John CHARLOTTE of a plea of trespass on the case, damage $200. Apr 1845 Appearance bond for Joseph BRUGMAN with John L. TAYLOR to appear and answer John CHARLOTTE of a plea of trespass on the case, damage $200. 4 Sept 1845 Statement of account of Joseph BRUGMAN with John CHARLOTTE. This is a long list of clothing materials, including actual clothes and fabric. Total charge is $117.10. 26 Apr 1846 Richard Pettifer vs. Ananias Godette (writ of Replevin for persons of color) 1846 Order to sheriff to replevin Richard PETTIFOR his two children he and they being persons of color, viz. Hannah PETTIFOR, aged about 15 and Elizabeth PETTIFOR aged about 17 of the value of $100 which Annanias GODETT took and unjustly detains, and to summon Annanias GODETT to appear and answer PETTIFOR of the taking and unjustly detaining the children. Oct 1845. [Note: This is the only piece of paper in this folder]