Craven County, NC - Criminal Actions Concerning Slaves & Free Persons of Color 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 Part 2, 1823-1839 ----- Criminal Actions concerning slaves and free persons of color 1823-1826 Jurors present that Benjamin TILLMAN, Thomas JONES, and David GREEN on the 7th of December 1820 gathered together riotously to disturb the peace and unlawfully entered the kitchen of Thomas LEITH and violently seized two negro slaves Abraham and Joe, against the will of LEITH. Oct 1823 Warrant for Benjamin TILLMAN, Thomas JONES, and David GREEN to appear and answer an indictment for a rout and unlawful assembly. Apr 1821 Warrant for Benjamin TILLMAN, Thomas JONES, and David GREEN to appear and answer an indictment for a rout and unlawful assembly. No date Summons for Thomas LEITH, Levy BISHOP, Elijah CRATCH to appear and testify for the state in a matter in which Benjamin TILLMAN & others are defendants. Apr 1821 Warrant for Benjamin TILLMAN, Thomas JONES, and David GREEN to appear and answer an indictment for a rout and unlawful assembly. Sept 1822 Warrant for Benjamin TILLMAN, Thomas JONES, and David GREEN to appear and answer an indictment for a rout and unlawful assembly. 21 Jan 1822 Warrant for Benjamin TILLMAN, Thomas JONES, and David GREEN to appear and answer an indictment for a rout and unlawful assembly. Apr 1822 Appearance bond for Benjamin TILLMAN to appear and answer an indictment for rout and unlawful assembly. 21 Oct 1821 Appearance bond for David GREEN & Thomas JONES to appear and answer an indictment for rout and unlawful assembly. 22 Oct 1821 Appearance bond for Thomas JONES with Spring BROOKS and James WHARTON to appear and answer an indictment for rout & unlawful assembly. 15 Oct 1821 Summons for Elijah CRATCH to appear and testify on behalf of the State in a matter in which the State is plaintiff and Thomas JONES & others are defendants. 25 Jan 1822 Summons for Roger JONES to appear and testify on behalf of Benjamin S. TILLMAN in a matter in which the State is plaintiff and Ben S. TILLMAN & others are defendants. 25 Apr 1821 Summons for Thomas LEITH, Levy BISHOP, & Elijah CRATCH to appear and testify on behalf of the State in a matter in which the State is plaintiff and Benjamin TILLMAN & others are defendants. Apr 1821 Summons for Stephen FOWLER to appear and testify on behalf of the State in a matter in which the State is plaintiff and Benjamin TILLMAN & others are defendants. Oct 1822 Summons for Miss Clary TILLMAN to appear and testify on behalf of the State in a matter in which the State is plaintiff and Thomas JONES & others are defendants. Oct 1822 Jury presents that Benjamin TILLMAN, Thomas JONES, and David GREEN, together with diverse persons to the number of ten or more, to the jurors yet unknown, on 1 Jan 1821 gathered together to disturb the peace and upon Thomas LEITH made an assault. Apr 1821 Warrant for Thomas JONES to appear and answer an indictment of riot & trespass. Apr 1824 Warrant for David GREEN and Thomas JONES to appear and answer an indictment of riot & trespass. Oct 1824 Summons for William JONES and Roger JONES, Esq. to appear and testify on behalf of Benj. S. TILLMAN in a matter in which the State is plaintiff and TILLMAN defendant. Oct 1823 Summons for Thomas LEITH, Levy BISHOP, & Elijah CRATCH to appear and testify on behalf of the State in a matter in which the State is plaintiff and Benjamin TILLMAN & others are defendants. Oct 1823 Summons for Elizabeth WASHINGTON to appear and testify on behalf of Negro Eliza in a matter in which the State is plaintiff and Eliza is defendant. Apr 1823 Summons to Lenoir County for William CROOM to bring his negro boy Jacob (formerly the property of A. PEARCE) & that with him he appear and testify on behalf of the State in a matter in which the State is plaintiff and Negro Eliza is defendant. Apr 1823 Summons to Lenoir County for Cannon DESMOND to bring his negro man Bob (formerly the property of A. PEARCE) & that with him he appear and testify on behalf of the State in a matter in which the State is plaintiff and Negro Eliza is defendant. Apr 1823 Summons to Lenoir County for negro George, slave of John WASHINGTON & Negro Hector, slave if Jesse JONES to appear before the judge of Craven Co. (unless the owners of the slave severally enter into recognizance to the state in the sum of £100 each for their appearance) to testify in behalf of the slave Eliza in a matter in which the state is plaintiff and Eliza defendant. Apr 1823 State vs. Elisa slave the property of W. GASTON: Document that is a list of names pertaining to this case. It appears that all of the names together were the full jury pool. The first column is people who were challenged peremptorily (that is, for no stated reason); the second column is people who were challenged for cause (that is, for a stated reason); the third column is the people actually chosen for the jury. I have transcribed as written: Peremp Challenge Challenge for cause Jury Nathe CRADLE Joshua CARRAWAY Fred. JONES (no slaves) Jno. H. JONES Levi CARRAWAY no S Caleb KING James COOK, Jar. Roger CUTRELL no S Asa JONES Jas. C. COLE Alfred JONES no S Jac. GOODING Elijah V. PITTMAN Jno. MERRIT no S Jno. M. PATRICK Jno. BRIGHT Jno. S. PASTEUR no s Elijah SCOTT Zacheus SLADE Jesse JONES opin Nathe SMITH And. H. RICHARDSON Silas S. STEVENSON opin Joseph OLIVER Zion FLOWERS Jer. FONVILLE op W.L. BLACKLEDGE D. SHAKELFORD Stephen FOWLER no S Elias HAWES Jas. CRATCH Jas. WHARTON no S Chs. STEWART David GREEN Jas A. WHITE no S Jno. FRANKLIN Lemuel SIMMONS Major HUNTINGTON no S Jesse MCCOTTER Edw. BOWEN no S Will CHARLOTTE Lewis SANDERSON no S Fred FOY Elias LAWSON no S Thos. LEITH Jno. S. SMITH op W.H. CONNER Chs. D. DELAMAR Jesse PEARCE Jno. BRINSON Adam GASKINS Jno. DAWSON [Note: In the “Challenge for cause” column, no S appears to mean “no slaves;” i.e., in order to be on the jury, a man had to be a slaveowner. “Opin” or “op” means opinion; i.e, the person had already formed an opinion about the case.] Lenoir county jury of Abram CROOM, John HANDY, John L. HILL, Jacob PICKLE, Robert WOOTEN, Radner MOOR, William MOSELEY, Daniel DAUGHTERY junr., Isaac BARWICK, Frederick BAKER, Levi MEWBORN, Durant JACKSON, Nathan CREEL, John MOOR sr., Thomas CANLY, Joshua ROUSE, Needham LOFTIN, & Richard MOOR present that Eliza (a slave the property of William GASTON Esquire) of the County of Lenoir, not having the fear of God before her eyes but moved and seduced by the instigations of the Devil on 8 Feb 1823 with force and arms made an assault on Elias (a slave the property of William GASTON, Esquire) & with a gun of the value of 50 shillings, loaded and charged with gun powder and 5 leaden shot, held the gun in both her hands and shot and discharged it in and upon the back part of the head of Elias a little behind the right ear, one mortal wound of the depth of 4 inches and breadth of 1/2 inch, of which wound Elias immediately died. Below this: A true bill, Ab. CROOM foreman of jury. Witnesses: Allen, Rose, George, Jacob, Bob, and Isaac TULL Below this: Eliza was brought before the bar and pled not guilty and put herself on the county [i.e., put herself to trial]; Stephen MILLER, Esq. prosecutor for the state did likewise. William GASTON, Esquire, owner of Eliza admits that due notice of prosecution had been given to him. Below this: William GASTON, owner of the slave indicted in this case, makes oath that he is informed and believes that a strong and general prejudice within the County of Lenoir exists against the prisoner. The homicide took place at Kinston. The boy killed was much esteemed by those who resided in the neighborhood; the prisoner almost as much disliked. Many stories have been put into circulation; the truth of which is at least questionable, calculated to prejudice the public mind agains the prisoner and which for the reasons above stated have found a ready reception and belief. GASTON requests that the trial be moved to some adjoining county. 13 Apr 1823. Ordered that case be moved to Craven County for trial. Below this: William GASTON makes oath that he has conversed with the slave Eliza or Lizzy and that she has communicated to him facts which can best be testified to by John WASHINGTON’s slave George and by Jesse JONES slave Hector, which facts he believes to be material to her defense. 18 Apr 1832. Below this: Order to the sheriff of Lenoir to take Negro George, the slave of John WASHINGTON and Negro Hector the slave of Jesse JONES, and have them before the Superior Court of Craven County on Wed. 23 Instant, unless the owners of the slave severally enter into recognizance to the state in the sum of £100 each for their appearance. (The owners involved then posted bond for their slaves). Next page: Statement that this is a true summary of the case and calculation of court costs. Calculation of court costs in case State vs. Toney slave of Philip MILLER. Order to the sheriff of Lenoir Co: Whereas at the Superior Court of Craven County Oct 1822, Toney the slave of Philip MILLER received the sentence of death for the felony and murder mentioned in his indictment. Now it is ordered that execution of the sentence be made between the hours of 12 and 3:00 on Friday 15 Nov next at the usual place of execution in the County of Lenoir. 26 Oc 1822 “Kinston Lenoir March 17th 1823 Mr. James G. STANDLY Sir please to pay over all The fees if paid in office In the Case by the State against Philip MILLERS Toney—and this my order Shall be your Receipt In full or for What ANDREWS may receive and oblige your friend.” s/Robt LOFTIN Request by James COX to James STANLY, Esqr. that he pay the fee due COX to Blount COLEMAN, Esq for attending as a witness on behalf of the state against negro Toney the property of Phillip MILLER. 27 Oct 1826 State vs. Toney slave of Phillip MILLER: Witness charge to State by John PARKER—Lenoir. Includes 78 miles travel. October term 1822 State vs. Toney: Witness charge to State by James COX—Lenoir. Includes 70 miles travel. October term 1822 State vs. Toney slave of Phillip MILLER: Witness charge to State by John FORDHAM—Jones. Includes 70 miles travel. October term 1822 State vs. Toney slave of Phillip MILLER: Witness charge to State by Council GOODING. Includes 63 miles travel. October term 1822 Receipt by Council GOODING for himself and negro Mary John’s attendance at Superior Court as witness against Negro Toney on behalf of the State. 15 Mar 1823 State vs. Toney slave the property of Philip MILLER: Document that is a list of names pertaining to this case. It appears that all of the names together were the full jury pool. The first column is people who were challenged for cause (that is, for a stated reason); the second column is people who were challenged peremptorily (that is, for no stated reason); the third column is the people actually chosen for the jury. I have transcribed as written. (Some names have letters written after them—no indication what that means): Ch. for cause Peremp. Jurors Sam. MCCAFFETY a Ephraim DOUGHETY Samuel POTTER Edwd. POTTER a Ed. S. FRANKS James T. JONES Darius AMYETT a Luke RUSSELL Thomas WHITE Jno. RHEM b Hez. WATERS Jonathan PARKER Ivy MERRITT a Will. CHARLOTTE Dennis T. DALY Abner PEARCE b Jno. SHINE Jno. SNEAD Hardy WHITFORD b Ben C. GOOD Ben S. TILLMAN Will FIFE b Tho. WADSWORTH George WILSON Cason BRINSON a Zion FLOWERS Joseph ANTHONY Morgan BANKS a Will. HOLLISTER Wm. R. STREET Thomas HARPER a Chr. D. DELAMAR Durant H. LANE Jno. HEATH a James MARSHALL Charles STEWART Silas STEVENSON b David GREEN Will. DUNKIN ab Jesse PEARCE L.B. HERRITAGE b Danl. SHAKELFORD Jno. PARKER b Jas CRATCH (Wm. MITCHELL exd) Elijah CRATCH Is. PIPKIN Jno. S. NELSON Daniel BRINSON a Charles CARTER James COX b 20 Jno. H. JONES Jno. FORDHAM b Chr. BROCK Benj. ROBERTSON Farniford GREEN Jno. ROBERTSON Cr. DICKERSON Vincent WHITE Joshua SCOTT No date State vs. Toney slave of Phillip MILLER: Witness charge to State by John (slave of Wm. GOODING). Includes 62 miles travel. November term 1822 The State vs. Tony the slave of Phillip MILLER: Winston ANDREWS charges the owner of the slave Tony in this cause: [Follows a list of charges related to Toney’s incarceration]: Jail fees from 8 Apr 1822 to 23 Oct. 198 days $59.40 Travelling 34 miles in conveying prisoner to Newbern for trial $1.70 Maintaining the prisoner 1 day going to Newbern $.40 Frederick & Richd. LOFTIN traveling as guard to Newbern with prisoner, 34 miles $1.70 Himself & guard returning from Newbern $3.40 Recommitment of prisoner Tony Nov 7 to day of Execution, 7days $2.10 Releasing prisoner Tony for election $.30 Putting on & taking off irons & handcuffs 14 times $3.50 9 Jan 1823 Lenoir County Superior Court records related to case State vs. Tony slave of Phillip MILLER: At the Superior Court of Lenoir Co. held on 15 Apr 1822 before Joseph John DANIEL, judge, the following jury was present: Alexander MOSELEY, James COX, Willis ROUSE, Sherwood WHITEFIELD, James WEST, Hymrick HARLSFIELD, Jesse JACKSON, Francis BENTON, James DAWSON, John WOOTEN, Melcher RHEM, John PARKER, William KILPATRICK, Francis NUNN, James ENGRAM, Henry BLACK, Joseph TILGHMAN, and Abram CROOM and present that Tony (a slave the property of Phillip MILLER) of the County of Lenoir, not having the fear of God before his eyes but moved and seduced by the instigations of the devil on 12 Aug 1821 with force and arms upon William MILLER made an assault, and with a gun of the value of five shillings loaded with gunpowder and five leaden shot, which he took in both hands upon William MILLER and shot him in the right breast a little above the right pap, giving him one mortal wound of the depth of four inches and breadth of half an inch, of which MILLER instantly died. This bill of indictment is endorsed and called a true bill. Joseph LOFTIN, Esq., sheriff of Lenoir was ordered to bring Tony into court, and was asked how he will acquit himself thereof, and he said he is not guilty and puts himself upon the country [i.e., asks for a full trial], and Stephen MILLER who prosecutes for the State did the like. Phillip MILLER (owner of slave Tony) therein also appeared and admitted he had due notice of the charge against Tony and refused to employ counsel to defend him; the court assigned John STANLY, Esq. as counsel. Prisoner was then remanded to jail to await his trial at next term. On 14 Oct 1822 at a Superior Court before the Hon. John PAXTON & Stephen MILLER, Esq. who offered to the court the following affidavit for removal of the cause: Phillip MILLER, swears that his negro man Tony, who has been indicted for the murder of William MILLER cannot have a fair trial in the County of Lenoir. The death of William MILLER has been the subject of so much conversation that a jury cannot be had who have not formed & expressed opinions as to his guilt or innocence. Two efforts have been made to procure a jury of the County without success. A full trip has been made this term when a good many strangers attended in addition to the citizens of the County & but seven out of twelve of the jury have been procured. 15 Oct 1822 Ordered by the court that this cause be removed to the Superior Court of Craven County for trial, & that the sheriff deliver the prisoner Tony to the sheriff of Craven County on or before the 2nd day of the term of the next Superior Court & the sheriff of Craven County is ordered to receive him. The following witnesses paid appearance bonds: Lewis G. HAYWOOD, pros., Phillip MILLER, James COX, Council GOODING, John FORDHAM, John PARKER. List of court costs incurred so far Summons for Daniel TOLSON and Thomas SPARROW to appear and testify on behalf of the state in a matter in which the State is plaintiff and Nicholas (slave) is defendant. Oct 1824 Indictment by the jury against Nicholas (a slave the property of Francis C. DICKSON) on 27 June 1824, about the hour of two of the night, broke into the dwelling house of Teresa NELSON with the intent to steal. Oct term 1824. [Two copies of this in folder]. Back: List of witnesses: Daniel TOLSON, Smith DELAMAR, Gideon SPARROW Summons for Frederick JONES and Hansey JONES to appear and testify on behalf of the State in a matter in which the State is plaintiff and Jim a slave is defendant. Apr 1824 Summons requiring Frederick JONES to produce his negro man Dennis to appear and testify on behalf of the State in a matter in which the State is plaintiff and Jim the slave of T. WADSWORTH is defendant. Apr 1824 Summons requiring John JONES to produce his negro man Jack to appear and testify on behalf of the State in a matter in which the State is plaintiff and Jim a slave is defendant. Apr 1824 Summons requiring Donum MONTFORD to appear and also to his son Nelson to appear and testify on behalf of the State in a matter in which the State is plaintiff and Jim a slave is defendant. Apr 1824 Indictment of Jim (a slave the property of Thomas WADSWORTH) on 20 Mar 1824 about the hour of twelve of the night broke and entered the dwelling house of Frederick JONES with the intent to steal. Apr 1824 [Case not identified]: Document that is a list of names pertaining to a case. It appears that all of the names together were the full jury pool. The first column is people who were challenged peremptorily (that is, for no stated reason); the second column is people who were challenged for cause (that is, for a stated reason); the third column is the people actually chosen for the jury. I have transcribed as written. Peremptory Challenges Challenges for cause Jury Thos. SPARROW James LOVICK James JONES jr Wm. S. BLACKLEDGE Moses EVERINTON Johnston BRYAN Freeman E. WADE Moses CAYTON Joseph PHYSIOC Elijah SCOTT David LEWIS Durant H. LANE Chapel CHURCHILL Moses NELSON Jeremiah FONVILLE Saml. OLIVER James A. WHITE Joseph F. ANTHONY Thos. L. GOODING Hill PRESCOTT Thomas LEITH James N. SMITH Risdon SAWYER Silas STEVENSON Jno FRANKLIN Jno. M. IVES James JACKSON Thos. CAREY Zacheus SLADE Hill COMBS Jonathan PERKINS Ben C. BRINSON John S. MOORE Gideon JONES John L. DURAND Jesse VENDRICK Levi WRIGHT Hill R. STREET James VENDRICK John JONES Fred. JONESis. JEMERY At bottom: “is guilty of the felony and burglary aforesaid in manner and form as charged upon him.” Notice to Mr. Thomas WADSWORTH that his negro slave called Jim has been charged with having committed burglary on the dwelling house of Frederick JONES, and will be tried at the next Superior Court on the third Monday of April. WADSWORTH may attend and defend the negro is he thinks proper. 25 Mar 1824 “Gabriel HOLMES Governor of the State of North Carolina…. Whereas it has been represented to me by Petition that, at the last term of Superior Court, held for the County of Craven, a negro boy by the name of Jim, the property of Thomas WADSWORTH of the Town of New Bern, was convicted of Burglary, in entering the dwelling house of Frederick JONES of said Town and sentence of death was passed on him by the County, and it being moreover represented to me, that he is an object worthy of Executive mercy. Now therefore know ye, that by virtue of the power and authority vested in me, by the Constitution of the State, I do hereby pardon the said negro boy Jim of this crime; the Sheriff and Jailor of Craven are hereby required to take notice and act accordingly…” 5 May 1824 Grand jury of T.H. DAVES foreman, jno. HALL, Silvester BROWN, A.W. SEABROOK, James LOVICK, Wm. M. HERRITAGE, C. CRASTON, J.C. COLE, T.J. PASTEUR, Thos. H. WALLACE, Jonathan SMITH, Dempsey WADE, Allen JACKSON, Thomas FULSHER, Asa ARTHUR, Wm. GRIFFIN, [smeared] YATES, [smeared] present Jaber negro and ___ negro (his son) and Benjamin C. GOLD for an affray. Oct term 1826 Request by Enoch COX to the clerk of Superior Court that he deliver to Elijah CLARK a witness ticket filed in case State vs. John D. FORD, and COX assigns his interest in the ticket to CLARK. 9 Jul 1828 Summons for John PHILIPS, John PERDUE, and Enoch COX to appear and testify on behalf of John DE FORD in a matter in which the state is plaintiff and DE FORD is defendant. Apr 1826 Summons for Abner PEARCE to appear and testify on behalf of the State in a matter in which the state is plaintiff and John DEFORD is defendant. Apr 1826 Summons for Caleb MARSHALL to appear and testify on behalf of the State in a matter in which the state is plaintiff and John D. FORD is defendant. Oct 1826 Summons for John PERDEW and Enoch COX to appear and testify on behalf of the State in a matter in which the state is plaintiff and John DE FORD is defendant. Apr 1826 Summons for Mrs. Ann HAWKS and her negro woman slave Hannah to appear and testify on behalf of the State in a matter in which the state is plaintiff and John DE FORD is defendant. Oct 1826 Indictment of John DEFORD, laborer. On 10 of May 1826 for assault of Hannah a slave the property of Mrs. Nancy HAWKS with a knife in his right hand upon the left side of Hannah struck and stabbed her with the intent to kill her. Oct 1826 Notice to William JONES (Southhampton, VA) that his slave Tom is in the custody of the sheriff of Craven County, charged with robbery on the highway and other offenses, the punishment of which will affect his life, limb, or member: he will be indicted and tried at the next Superior Court. 22 Feb 1826 “In the case of the State against Tom his master is bound for the fees of the jailer, and would be bound to pay the prisoner’s witnesses if any—but he is bound for no other costs.” s/W. GASTON. No date, and no other words on the page. State vs. Negro Tom: S. MILLER makes oath that Elizabeth PALMER is a material witness for the state on the indictment against Tom for robbery—and he believes that she is kept away by [can’t read] motives. 27 Apr 1827. Below this: Order that capias [summons] issue to Elizabeth PALMER to hold her to bail in the sum of £200 for her appearance at 9:00 tomorrow. Summons for James Y. GUION, Alfred JONES, & William R. STREET to appear and testify on behalf of the State in a matter in which the State is plaintiff and Tom the slave of William JONES is defendant. Apr 1826 Summons for John H. JONES and his negro slave Virger and for Thomas WADSWORTH and his slave Sam or the slave of William ARMSTRONG who is under his care to appear and testify on behalf of the State in a matter in which The State is plaintiff and negro slave Tom the property of William JONES is defendant. Apr 1826 Order to sheriff to take the body of Elizabeth PALMER (unless she gives bail in the sum of £200) for her appearance at court on Friday of this term at 9:00 to testify on behalf of the State in a prosecution against Negro Tom. Apr 1826 Indictment of Tom a slave the property of William JONES on 27 Jan 1826, in the highway violently assaulted Elizabeth PALMER and put her in bodily fear and danger of her life, and took from her four pounds of coffee, and four pounds of sugar of the goods and chattels of William PALMER. Apr term 1826 Criminal Actions concerning slaves and free persons of color 1827-1829 Appearance bond by Nathaniel CLARK, with Robert FIPS and Duren IVES, bondsmen to appear and abide by the judgment of the court. 12 Nov 1827 [Note: Thos. SPARROW and Joseph NELSON also signed this bond, although they were not listed in it]. Indictment of Nathaniel CLARK, who not having the fear of God before his eyes but moved and seduced by the instigations of the devil on 6 June 1827 upon Abram (a slave the property of Jesse MCCOTTER) made an assault with a knife of the value of sixpence which he held in his right hand and made one thrust into the right side of the belly of Abram between the shortribs, giving him one mortal wound of the breadth of two inches and of the depth of six inches, from which wound Abram instantly died, and that Nathaniel CLARK did murder Abram. Witnesses listed on back are Jesse MCCOTTER, Jacob MCCOTTER, Jerome SPAIN, David GREENE, Geo. COOPER State vs. N. CLARK. Document that is a list of names pertaining to this case. It appears that all of the names together were the full jury pool. The first column is people who were challenged peremptorily (that is, for no stated reason); the second column is people who were challenged for cause (that is, for a stated reason); the third column is the people actually chosen for the jury. I have transcribed as written. Call. perempt Cause Jury Levi F. ROUSE Ed. DOWNING Joshua JONES Gideon JONES Jesse HARDISON Geo. W. HALL Jos. PHYSIOC Jon. CHESNUTT Stephen WILLIS Aaron MORRIS W.J. BRINSON Ebenesar JEWELL Peter FLOYD Jo GOWIN Thomas SPARROW Silvester TINGLE W.B. PEARCE Andrw H. RICHARDSON Cason FELL Thomas CAREY Jas. H. SMITH Thos. H. DAVIS Isaac WHITFORD James SMALLWOOD Fred. P. LATHAM John EBON No date List of witnesses (case not specified) For the defendant For other defendant Jesse MCCOTTER Jacob MCCOTTER Berny MCCOTTER Jerome SPAIN David GREEN Alban GREEN Thos. CARRAWAY Dempsey CARRAWAY Wm. BROOKS Lewis IVES Joseph SHIP Mason IVES Durant IVES No date Nathan CLARK: List of witnesses Benjamin CARTER Jes M. CARTER junr Thomas CARAWAY junior Demsee CARRAWAY Duran IVES junior Mason IVES Joseph PHIPS Emery DOWDY Sally IVES Mason wife Charlote BALL 27 Sept 1827 Subpoenas wanted for Wm. CARRAWAY Lewis IVES } Sally IVES }These, Mr. CLARK understands, have not been summoned Wm. BROOKS } 25 Sept 1827 “My dear Sir, That poor fellow in gaol (CLARK) requested me to have spas [subpeonas]. Issued in his behalf for the following witnesses: David GREEN, Ollive GREEN, Albert GREEN, Thomas CARRWAY, junior, Burney MCCOTTER, Wm. BROOKS, Jesse MCCOTTER junior, Joseph PHIPPS, Mason IVES, Sally IVES, Durant IVES. Will you have the goodness to issue them to the sheriff.” s/Jno. H. BRYAN. No date. Back has date 21 July 1827 Summons for Jesse MCCOTTER junr, Joseph PHIPPS, Mason IVES, Sally IVES, and Durant IVES to appear and testify on behalf of Nathaniel CLARK in a matter in which the State is plaintiff and CLARK is defendant. Apr 1827 State vs. Nathaniel CLARK: Witness fee to the State by Joseph PHIPPS. Includes 86 miles travel. Oct term 1827 Request that the following witness tickets be delivered to J. Mc BRINSON: David GREEN, William BROOKS, Durant IVES, Mason IVES, Jacob MORRIS, Albert GREEN, Olive GREEN, George COOPER, Sally IVES. Tickets proven at the Instant of the State against Nathaniel CLARK, 25 June 1833. Following this is a receipt from J. Mc. BRINSON for the tickets of D. GREEN, Will BROOKS, Durant IVES, Mason IVES, Jacob MORRIS, Albert GREEN, and Olive GREEN, 10 Jul 1833 Summons for Doctor Peter CUSTIS to appear and testify on behalf of Nathaniel CLARK in a matter in which the State is plaintiff and CLARK is defendant. Oct 1827 Summons for Dempsey CARRAWAY, Lewis IVES, Jacob MCCOTTER, and Jerome SPAIN to appear and testify on behalf of Nathaniel CLARK in a matter in which the State is the plaintiff and CLARK is defendant. Apr 1827 Summons for David GREEN, Oliver GREEN, Albert GREEN, Thomas CARRAWAY junior, Burney MCCOTTER, & William BROOKS to appear and testify on behalf of Nathaniel CLARK in a matter in which the State is the plaintiff and CLARK is defendant. Apr 1827 Summons for William CARRAWAY, Lewis IVES, Sally IVES, and William BROOKS to appear and testify on behalf of Nathaniel CLARK in a matter in which the State is the plaintiff and CLARK is defendant. Apr 1827 Summons for Benjamin M. CARTER, James M. CARTER junr, Thomas CARRAWAY, jnr., Dempsey CARRAWAY, Durant IVES, to appear and testify on behalf of Nathaniel CLARK in a matter in which the State is the plaintiff and CLARK is defendant. Apr 1827. Back: Benjamin M. CARTER and James M. CARTER not to be found. Summons for Charlotte BALL, Sally IVES (wife of Mason IVES), Emery DOWDY, Joseph PHIPPS, & Mason IVES to appear and testify on behalf of Nathaniel CLARK in a matter in which the State is the plaintiff and CLARK is defendant. Apr 1827 Summons for George COOPER & Jacob MORRIS to appear and testify on behalf of the State in a matter in which the State is the plaintiff and Nathaniel CLARK is defendant. Apr 1827 Notice by John R. DONNEL, judge of Superior Court that Nathaniel CLARK, a prisoner on the petition of CLARK to be admitted as an insolvent debtor shows that CLARK is committed for the costs of a state prosecution, that he has been in close prison for more than 20 days, and that notices of this application have been given to the County Justices of Craven and that the sheriff admits his own liability for the solicitor’s fee. Based on this, CLARK was allowed to take the oath of insolvent debtor and be released. 9 June 1828. Next page is the actual oath in which CLARK states he has not the worth of 40 shillings besides basic personal items (listed). 9 June 1828 State vs. Nath. CLARKE: Notice by J.W. STANLY, trustee of the County of Craven that he accepts service from the deft. of his intention to take the oath of insolvent debtor. May 1828 State vs. James MOZINGO. Document that is a list of names pertaining to this case. It appears that all of the names together were the full jury pool. The first column is people who were challenged for cause (i.e., a stated reason); the second column is people who were challenged peremptorily (that is, for no stated reason); the third column is the people actually chosen for the jury. I have transcribed as written: Cause Perempt Jurors Geo A. HALL Stephen WILLIS A.H. ROBINSON Cannon MOORE Gideon JONES Joshua JONES James ANTHONY Levi ROWE Ebenesar JEWELL Jas. S. WOOD Jos. PHYSIOC Aaron MORRIS Jno. STEVENSON Benj. GWALTNEY Tho. SPARROW Batema DOWDY Jno BRINSON John MILLER R. BECBE Wm. WOOTEN Alfred HATCH W.P. MORRIS Fred P. LATHAM Jno M. BRYAN Smith SPARROW Peter FLOYD Joseph F. ANTHONY Geo. W. PEDE Jon G. WICKER Will S. BLACKLEDGE Jno SAUNDERS Jonathan PELT Tho H. DAVIS Geo CONGLETON John GWALTNEY Guilford MURPHY Wm. TAYLOR Lewis GWALTNEY Will ELLISON A.H. FRANK Foreman MCDUEL Jesse MCCOTTER Saml SMALLWOOD Guilford HOUSTON Jarvis B. BAXTER Joseph PINER Rich DOWDY No date Summons for Betsey WILLIAMS & her son John WILLIAMS, Isaac WHITFORD, Council B. WOOD to appear and testify on behalf of James MOZINGO in a matter in which the State is plaintiff and MOZINGO is defendant. Oct 1827 Summons for Mrs. CHESNUTT (wife of Uriah CHESNUTT, overseer of R.D. SPAIGHT, Esq) to appear and testify on behalf of James MOZINGO in a matter in which the State is plaintiff and MOZINGO is defendant. Oct 1827 Summons for Jno. P. IVES to appear and testify on behalf of James MOZINGO in a matter in which the State is plaintiff and MOZINGO is defendant. Apr 1827. [Note that according to the indictment below, this crime did not take place until Jul 1827. It is likely that this was a summons filled out in advance, to be used at the previous term or court as needed, and was inadvertently used in this case] Summons for Dr. Peter CUSTIS to appear and testify on behalf of the State in a matter in which the State is plaintiff and James MOZINGO is defendant. Oct 1827 Warrant for James MOZINGO to appear at the court now sitting and answer the State upon an indictment for murder. Oct 1827 Summons for George COOPER and negro woman slave Elsey or Alicia the proper slave of COOPER to appear and testify on behalf of the State in a matter in which the State is plaintiff and James MOZINGO is defendant. Apr 1827. [Note that according to the indictment below, this crime did not take place until Jul 1827. It is likely that this was a summons filled out in advance, to be used at the previous term or court as needed, and was inadvertently used in this case] Indictment of James MOZINGO, who not having the fear of God before his eyes but moved and seduced by the instigations of the devil, on 16 Jul 1827 made an assault on Barney, a slave of William GASTON. MOZINGO took a gun of the value of 5 shillings, it being loaded with gunpowder and ten leaden shot, and holding it in both hands shot Barney in the left breast a little below the left pap, and from this mortal blow, Barney instantly died. And the jury states that James MOZINGO is guilty of the murder of Barney. Oct 1827 Indictment of Ned, a slave belonging to Henrietta SMITH, who on the 25th of Jul 1825 broke into the home of Craven DICKINSON with the intention of stealing, and also that he broke and entered with the intent to kill and murder Craven DICKINSON. Apr 1828 Appearance bond by Craven DICKINSON to appear and answer the State in a charge against Ned a slave the property of the heirs of late Nathan SMITH. 14 Aug 1827 Summons for Elsy or Alicia, the property of George COOPER and David the property of Jane TILLMAN to appear and testify on behalf of the State in a a matter in which the State is plaintiff and Negro man Ned is defendant. 14 Aug 1827 Complaint by Craven DICKINSON who says that on 23 Jul 1825, a slave named Ned the property of Nathan SMITH or some one of his heirs, did make an assault on him and with a grubbing hoe broke open the door of his dwelling house and store in the night time, and threatened his life and attempted to kill him while DICKINSON was defending himself within the door, but that DICKINSON was able to successfully defend himself from the attack of Ned, and finally repulsed him. 14 Aug 1827 Notice to Nathaniel SMITH that a Negro man Ned, SMITH’s property, has been charged with burglary and other offenses, the punishment of which will affect his life, limb, or member: he will be indicted at the next term of court. 10 Oct 1827 Notice to Hardy B. CROOM that a Negro man Ned, CROOM’s property, has been charged with burglary and other offenses, the punishment of which will affect his life, limb, or member: he will be indicted at the next term of court. 10 Oct 1827 Notice to Mrs. Henrietta SMITH that a Negro man Ned, SMITH’s property, has been charged with burglary and other offenses, the punishment of which will affect his life, limb, or member: he will be indicted at the next term of court. 10 Oct 1827 Notice to Mrs. Elizabeth ARMSTEAD that a Negro man Ned, SMITH’s property, has been charged with burglary and other offenses, the punishment of which will affect his life, limb, or member: he will be indicted at the next term of court. 10 Oct 1827 Notice to Miss Henrietta SMITH that a Negro man Ned, SMITH’s property, has been charged with burglary and other offenses, the punishment of which will affect his life, limb, or member: he will be indicted at the next term of court. 10 Oct 1827 Notice to Mrs. Frances CROOM that a Negro man Ned, SMITH’s property, has been charged with burglary and other offenses, the punishment of which will affect his life, limb, or member: he will be indicted at the next term of court. 10 Oct 1827 [Note: It appears that this notice was sent to each of the heirs of Nathan SMITH] Summons for Jane TILLMAN with her negro man David to appear and testify on behalf of the State in a matter in which the State is plaintiff and Negro Ned is defendant. Apr 1827 Appearance bond for Augustus EMMETT with Joseph KING and Daniel JACKSON to appear and answer the State of a charge of assault and Battery on the body of Andrew a slave the Property of John PASTEUR and Thos. WATSON committed on 31 May 1828. 2 June 1828 Complaint made by Richard VIOLINS that Augustus EMMETT on 31 May committed an assault and battery on Andrew a slave the property of John J. PASTEUR and Thomas WATSON. Order to sheriff to bring EMMETT before a JP to be dealt with as the law directs. 1 June 1828. Below this: Summons for the state: Richard VIOLINS, John DUNGUID, George CHOCKER Complaint by John DUGID that Augustus EMMETT on 31 May committed an assault and battery on Jim a slave the Property of DUGID. Order to bring EMMETT before a JP to be dealt with as the law directs. 1 Jun 1828. Below this: Summons for the State: George CROCKER Appearance bond for Augustus EMMETT with Joseph KING and Daniel JACKSON to appear and answer the State of a charge of assault and Battery on the body of Jim a slave the Property of John DUGID committed on 31 May 1828. 2 June 1828 Summons for Mary MCLEROY, James A. WHITE, & Ned a slave belonging to John GREEN to appear at the court now sitting to testify on behalf of the State in a matter in which the State is plaintiff and Jesse MORGAN is defendant. May 1829 Silas STEVENSON complains to the Grand Jury that Jesse MORGAN has been guilty of stealing Peas from Benjn. MORGAN’s land & names the following persons as witnesses to be summoned to appear before the Grand Jury tomorrow at 10:00: Mrs. Mary MCLEROY, Mr. Jas. A. WHITE, Ned a slave belonging to John GREEN, and requests supboenas to compel them to appear on 13 May 1829. Order to jailor of Craven County: Commanded to receive the body of John & him safely keep until he be claimed by his owner or proven himself free. 13 Aug 1829 Jurors find that John BRESSINGTON on 1 Aug 1829 unlawfully dealt, traded, and trafficked with Jacob the property of Francis [can’t read] without permission of his master. Fall 1829 State vs. Moses State vs. Moses: Witness charge by Dick the property of George POLLOCK to the State. Includes 32 miles travel. Oct term 1829. [2 copies of this in folder]. [Similar charge dated April 1830] State vs. Moses: Witness charge by Roscoe BARRUS to the State. Includes 28 miles travel. Spring term 1830. State vs. Moses: Witness charge by Duncan MCCALPIN for his slave Reddick to the State. Includes 294 miles travel. Apr term 1830. [Similar charge with 290 miles dated Oct 1829] Slip of paper that lists amounts to be added to court costs in case of State vs. Moses. State vs. Moses: Witness charge by Edmund HATCH to the defendant. Includes 20 miles travel. Apr term 1830. [Similar charge Oct 1829] State vs. Moses: Witness charge by Daniel DIXON to the defendant. Includes 50 miles travel. Oct term r1829. [Similar charge Apr 1830] State vs. Moses: Witness charge by Daniel WILLIAMSON to the defendant. Includes 16 miles travel. Apr term 1830. [Similar charge with 14 miles dated Oct 1829] State vs. Moses: Witness charge by Isom LUCAS to the defendant. Includes 294 miles travel. Apr term 1830. [Similar charge dated Oct 1829] State vs. Moses: Witness charge by Roscoe BARRUS to the defendant. Includes 20 miles travel. Oct 1829 State vs. Moses: Witness charge by James SIMMONS to the defendant. Includes 34 miles travel. Apr term 1830. State vs. Moses: Witness charge by Thomas HALL to the defendant. Includes 36 miles travel. Oct term 1829 State vs. Moses: Witness charge by John the property of John STANLY to the defendant. Includes 18 miles travel. Apr term 1830 State vs. Moses: Witness charge by Juba the property of John STANLY to the defendant. Includes 20 miles travel. Oct term 1829 State vs. Moses: Witness charge by Rhody the property of John STANLY to the defendant. Includes 20 miles travel. Oct term 1829 State vs. Moses: Witness charge by Peter the property of John BURGUIS to the defendant. Includes 32 miles travel. Oct term 1829 State vs. Moses: Witness charge by Jenny the property of John BURGUIS to the defendant. Includes 32 miles travel. Oct term 1829 State vs. Moses: Witness charge by Elijah SIMMONS to the defendant. Includes 34 miles travel. Oct term 1829. [Similar charge Apr term 1830] State vs. Moses: Witness charge by Bryan LAVENDER to the defendant. Includes 26 miles travel. Oct term 1829. [Similar charge Apr term 1830] State vs. Moses: Witness charge by Jacob BLOUNT for his slave Aaron to the State Defendant. Includes 294 miles travel. Apr term 1830. [Note: Both State and Defendant are marked out—not sure who the charge was made to]. [Similar charge with same strikethroughs with 290 mi. travel made Oct term 1829] State vs. Moses: Witness charge by Dave the dower property of George POLLOCK to the defendant. Includes 32 miles travel. Oct term 1829. [Similar charge Apr term 1830] State vs. Moses: Witness charge by Joe the property of George POLLOCK to the defendant. Includes 32 miles travel. Oct term 1829. [Similar charge Apr term 1830] Summons to Roberson Co. for Isom LUCAS Senr, & Aaron the slave the property of Jacob BLOUNT to appear and testify on behalf of the deft. in a matter in in which the State is plaintiff and Moses a negro slave is defendant. Oct 1829 Summons to Jones Co. for James SIMMONS to appear and testify on behalf of the negro Moses in a matter in which the State is plaintiff and Moses is defendant. Oct 1829 Summons to Jones Co. for Job SMITH to bring with him Dave (driver), Joe (Blacksmith), slaves the property of George POLLOK & to Jno. BURGYN to bring with him Jenny the property of BRYGYN & Peter the property of John BURGYN to appear and testify on behalf of Moses in a matter in which the State is plaintiff and Moses is defendant. Oct 1829 Summary of case State vs. Moses: A Grand Jury for Jones Co. consisting of Simmons HARRISON foreman, John L. PARSONS, Millington MEADOWS, James G. HERRITAGE, John SHELFER, John FRIESE, William ISLER, Shadrack MALLARD, Peter ANDREWS, Silas MCDANIEL, Amos TYLOR, James MCDANIEL, Elijah KOONCE, Owen B. COX, James WISE, Asa EUBANKS, William H. MEADOWS, John MALLARD found that Moses (a slave the property of some person whose name to the jurors is unknown) “not having the fear of God before his eyes but being instigated by the devil” on 23 Aug 1826 made an assault on Gabriel (a slave the property of George POLLOCK) with a gun of the value of 5 shillings, loaded and charged with gun powder and 5 leaden shot, which he held in both hands and shot Gabriel upon the left breast a little below the left pap, giving him one mortal wound of the breadth of two inches and length of six inches, and there Gabriel instantly died. Fall term 1826. A summons was sent to the sheriff of Robeson County ordering him to take the body of Moses, formerly the property of Anthony HATCH of Onslow County but now the property of some person unknown, and have him before the Superior Court of Jones County next April to answer an Indictment for murder committed on negro boy Gabriel the property of George POLLOCK of Jones Co. Sept 1828 This summons returned “executed” by Archibald S. BROWNE, sheriff of Robeson Co. At the Spring term of court, Moses was brought to the bar by the sheriff of Robeson Co. and pled not guilty and put himself upon God and his country. Notice of the trial had not been given his owner, and his owner not being known, the court ordered that the sheriff of Jones Co. take the prisoner and deliver him to the jail of Craven Co., and that the sheriff of Craven Co. keep him. Further ordered that advertisement be made in the Newbern Spectator and Raleigh Register for three months, whereby the owner may be apprised of the situation. Archibald BROWNE, sheriff of Robeson Co. paid a bond for the delivery of Reddick a slave the property of Duncan MCALPIN (of Robeson) to testify. The prisoner was brought forward at the Fall term 1829 and it appearing that advertisement for the owner had been made as ordered, and no person appearing, the owner being unknown to the court George S. ATTMORE and John S. HAWKS, Esqrs. were appointed as council for Moses (who had before intimated a willingness to appear for the prisoner) George S. ATTMORE and John S. HAWKS make oath that they are informed and believe that for some time previous to the commission of the crime for which he is indicted, the prisoner had been runaway in the county of Jones. The prisoner expresses his firm belief that he cannot have a fair trial in Jones County; council entertains this idea because the county is small and numerous freeholders of the County reside in that section of the County where the offense is said to have been committed, that he was a runaway at the time, and from their very often having heard it expressed that the intent was to kill a white man instead of the negro boy who was killed. Fall term 1829 This cause was therefore ordered to be moved to Craven County. Sheriff of Jones ordered to deliver the prisoner to the jail of Craven Co. John BURGUIN, Esq. makes a bond for the appearance of Dick and David, slaves the property of George POLLOCK at the Court of Craven. Archibald BROWNE makes a bond for the appearance of Reddick, a slave the property of Duncan MCCALPIN. Summary certified by Roscoe BARRUS, Clerk of Superior Court of Jones Co. [2 copies of this in folder] State vs. Moses: Witness charge by Joe the property of George POLLOCK to the defendant. Includes 32 miles travel. Apr term 1830. Below this: State vs. Moses: Witness charge by Dave the dower property of George POLLOCK to the defendant. Includes 32 miles travel. Apr term 1830 Order from Jones Co. Court that Moses, a slave brought to this court by virtue of a capias [summons] from this county to Robeson Co., be carried from here to Craven Co. and committed to the jail of the county & safely kept, and that the sheriff of Jones Co. have him in this court at the first day of the next court. Mar term 1829 State vs. Moses: Witness charge by Dick the property of George POLLOCK to the state. Includes 32 miles travel. Apr 1830. Below this: State vs. Moses: Witness charge by Jenny the property of John BURGUIN to the defendant. Includes 28 miles travel. Apr term 1830. Below this: Below this: State vs. Moses: Witness charge by Peter the property of John BURGUIN to the defendant. Includes 28 miles travel. Apr term 1830. Summons to Jones Co. for Elijah SIMMONS, Bryan LAVENDER, Daniel DICKSON, Daniel WILLIAMSON, Edmund HATCH, Thomas HALL, Roscoe BARRAS to appear and testify on behalf of the negro Moses in a matter in which the State is plaintiff and Moses is defendant. Oct 1829. [2 copies in file] Summons to Jones Co. for Alfred STANLY to bring with him Juba and his wife the property of John STANLY to appear and testify on behalf of Moses in a matter in which the State is plaintiff and Moses is defendant. Oct 1829 “After a careful examination of negro man Moses, I believe him too much exhausted to undergo the fatigue necessarily attendant on his undergoing his trial at Court. Enervated in mind and body by a protracted illness of several weeks he is now so much reduced that he can scarcely stand or remain in an erect position without showing the greatest marks of debility. I have attended him in his illness and visited him this morning.” s/Isaac HUGHES. 29 Oct. 1829 [Note: Isaac HUGHES was a physician in Craven County]. Summons for John T. BOYD and Isaac HUGES to appear and testify on behalf of the State in a matter in which the State is plaintiff and Moses is defendant. 29 Oct 1829 Fifteen page document: Supreme Court June term 1830. The State vs. Moses. Opinion written by RUFFIN. Document concerns itself with an appeal by Moses of the verdict against him. The document has a long introduction describing judges’ instructions to juries, stating what kinds of instructions are appropriate and differentiating the judge’s role from the jury’s. This is apparently in response to an objection by the defendant’s attorneys that the charge by the judge was biased, and specifically instructions related to determining the veracity of witnesses. (One witness evidently testified he saw Moses pull the trigger; however, the crime happened at night. Was this testimony credible? The judge instructed the jury that they should consider what the witness meant by “seeing him pull the trigger.” Did he mean he actually saw his finger move, or did it mean that he saw the defendant’s finger on the trigger before and after the shot? Another witness was contradicted by two different witnesses and the judge pointed that out). The Supreme Court’s decision was that those were appropriate instructions by the judge, and that pulling certain statements out of context without addressing the whole of the judge’s remarks implied a bias that was not present when the entire instructions were known. The defendant’s attorneys also objected to some technicalities in the grammar and wording of the indictment. The Court’s decision was that while that wording was not the historical standard, the substance of the facts and circumstances are clear. (The most important of these objections was that the breadth of the wound was not stated in the indictment. The Court agreed that the form is to include that information, but the lack of stating it does not affect the fact that the wound was a mortal wound). The conclusion was that the verdict of Craven County Superior Court was upheld, & judgment of death was pronounced on this prisoner. Jones County Superior Court, Sept term 1829 State vs. Negro Moses } For murder The prisoner appearing and advertisement having been made, and no person appearing as the owner, the court appointed George S. ATTMORE and John J. HAWKS as Counsel for the prisoner (who had before intimated a willingness to appear in court for the prisoner) On affidavit of the prisoner’s counsel—ordered that the case be moved for trial to Craven. Ordered that it stand for trial on the Wednesday of the term of the court for that County. Ordered that the sheriff of Jones deliver the prisoner at the jail of Craven and the sheriff of Craven receive and safely keep him until the next term of court. 25 Sept 1825 State vs. Moses a slave: [This appears to be a summary of an initial request by the defense for a new trial. It more specifically describes the objections referred to in the Supreme Court decision]. Summary of testimony of concern: The witness said that the night was dark, and that at a distance of ten steps he saw the prisoner pull the trigger and fire the gun which killed the deceased, and did not explain how he was able to see at night, nor mention a particular flash of the gun. The witness said after the deceased was killed, the witness and the prisoner (both being runaways) went down into Stanley’s Neck, that while there the prisoner left witness in the woods and went in the direction of the house of Juba a negro slave the property of Mr. STANLY and after being absent some time returned saying that Juba had charged him with being the murderer, while Juba being called denied that he had ever seen Moses during the time he was runaway at his own house or elsewhere. Evidence was given in support of Juba’s character and that he was high in the confidence of his master. On cross-examination the witness admitted that his overseer had told him several times if he did not tell the same story on the trial as before the jury of inquest that he should be whipped when he got home, although it was proved by a witness that the account he had now given was substantially and so far as the witness could remember precisely the same he had given on the examination when there was no proof of any bias on his mind. The witness was discredited by another from Robeson who testified that the witness had told him he had a grudge against the prisoner and would hang him if he could; that he had told him this once before he was summoned and afterward as they were coming together to court after the witness for the state knew that he had been summoned as a witness to discredit him. In charging the jury, the judge among other things told them that the credit they would give to testimony was a matter exclusively with them, then proceeded to suggest circumstances that they might consider to shake or support the credit of the witness for the state. Of the many suggestions by the judge, the following were selected as objectionable: A man might be seen by the flash of a gun even in the night and probably the darker the night, the more distinctly, and that seeing a man in the attitude of shooting with his hand upon the trigger and by the flash of the gun was substantially the same as seeing him actually pull the trigger. In weighing the credit of the witness for the state and the witness for the prisoner, the motives of each ought to be considered. It was for them to say what might have influenced Juba’s testimony; having a high character and standing high with his master might make him desirous to conceal any intercourse he might have had with a runaway slave. The weight of the testimony given (under threat of being whipped) should be taken with caution, but the inquiry was whether whether they were satisfied of its truth, and if so, they ought to convict; otherwise, they ought not. The jury should take into account in the case of the conversations with the witness from Robeson whether it was credible that the witness for the state would make that statement after he knew the witness for the prisoner was called to discredit him. The motion for a new trial was overruled, and the defendant’s attorneys then moved in arrest in judgment due to improprieties in how the Bill of Indictment was drawn. This motion also being overruled, the prisoner appealed. Document that is a list of names pertaining to this case [case is not specifically stated on the page, but presumably refers to State vs. Moses, since in this folder]. It appears that all of the names together were the full jury pool. The first column is people who were challenged for cause (i.e., a stated reason); the second column is people who were challenged peremptorily (that is, for no stated reason); the third column is the people actually chosen for the jury. I have transcribed as written: Wednesday Morning April 21 1830 Challenges for Cause Peremptory Challenges Jury Elijah SPARROW Clement DANIELS James CARNEY Stephen VINCEY Martin STEVENSON Samuel OLIVER Smith SPARROW William OUTLAW Silvester BROWN Hardy B. LANE George W. DIXON Thomas CASEY Robert PRIMROSE Vendrick DIXON Charles STEWART Joseph RHEM John JONES George WILSON Moses JARVIS John WILLIAMS Richard DOWDY John M. BRYAN James PRICE John CHADWICK Isaac C. Patridge Council WOOTEN Irvin SAMPSON Frederick FOY Thomas MCLIN Jacob GOODING Isaac LEWIS Henry DEWEY Hatch WHITFIELD State Richard B. HATCH Peremptory Challenges Isaac PIPKIN Jr. James T. JONES Enoch FOY Harman ROW Will. H. RICHARDSON Will. MCCOY Joshua SCOTT Solomon GRANT Will. G. BRYAN James G. CUTHBERT Ephraim DAUGHETY John BRINSON John SALTER Order to the sheriff of Craven County to summon 500 talesmen to serve on Wednesday. Order given on Tuesday 20 Apr 1830. [A tales juror, or talesman, is a juror summoned on an immediate emergency basis to serve on a pending case. In other words, tales jurors are selected among bystanders in an area]. The sheriff reported he and his deputies summoned the following people: George WILSON Hatch WHITFIELD John CHADWICK William CHARLOTTE George HALL Joshua SCOTT Edward NELSON John H. JONES jr Isaac C.PARTRIDGE Andrew H. RICHARDSON Jacob GOODING Moses JARVIS Zacheus SLADE James G. CUTHBERT Ephraim DAUGHTY Elijah BALL James CARNEY Wm. H. RICHARDSON John H. JONES jr Joseph RHEM Council WOOTEN wwc James SIMMONS Silvester BROWN ________ _________ Charles CARRAWAY Will G. BRYAN Richard DOWDY James MARRIT Thomas MCLIN Fredk. NAESTED Joseph F. ANTHONY John M. BRYAN Smith SPARROW Robt. V. ORME George W. DIXON Clement DANIELS Claudius B. CHURCHILL William OUTLAW Arvin SAMPSON Rodney WALLACE Frederick FOY William HARPER Christopher C. NEALE Enoch FOY Isaac LEWIS Whitney BALL John WILLIAMS Dempsey WADE Daniel DAUGHETY Robert PRIMROSE Harmon ROSE John HUTCHINSON Martin STEVENSON Thomas CASEY Thomas BORDEN Solomon GRANT John SALTER Allen BACKHOUSE Elijah S. SIMMONS Henry DEWEY Seth CHAPMAN Richard B. HATCH John D. FRIOU sr James FOSCUE (car) John MAYO Saml. OLIVER Alfred HATCH wwc Charles STEWART Hardy B. LANE William LATTINER ec Stephen KINCEY John GILDERSLIEVE William SAUNDERS ec Joseph OLIVER Henry B. MICHELL ec Dempsey HOLTON ________. _______ Bryan LAVENDER John YOUNG Daniel ANDREWS Henry LATTIMER John STREET John MOORE John FRANKLIN Lucas B. HERRITABE Thomas LEWIS John L. DURANT Gibbious BELL (car) Rufus H. LATTIMER Below this list is written “No more to be found” Criminal Actions concerning slaves and free people of color 1834-1835 1837-1839 Summons for Hardy LEE and Philip PIPKIN to appear and testify for the state in a matter in which the State is plaintiff and Lacy PHILIPS is defendant. Nov 1833 Grand jury presentments: Rufus SMITH orphan boy not having any guardian or master living near Dawson’s Creek Bridge Lacy PHILIPS for trading with Negroes by Candlelight Hardy LEE Philip PIPKIN witnesses Capt. Jonathan BLANEY for trading with Negroes after night Soloman WITHERINGTON William GLOVER witnesses No date Jurors present that Lacy PHILLIPS on 1 Nov 1833 unlawfully did sell barter with and deliver to a certain negro man slave to the jurors unknown one pint of spiritous liquor. Nov term r1833 Warrant for Lacy PHILLIP to appear and answer the state upon an indictment for Negro trading. Nov 1833 Appearance bond by Lacy PHILLIPS with Raymond CASTIX to appear and answer the State upon an indictment for Negro trading. 24 Jan 1834 Warrant for John DOVE to appear and answer the State upon an indictment for trading with a slave. May 1835. Warrant for John DOVE to appear and answer the State upon an indictment for trading with a slave. Feb 1835. Warrant for John DOVE to appear and answer the State upon an indictment for trading with a slave. Aug 1835. [2 copies of this in folder] Warrant for John DOVE to appear and answer the State upon an indictment for trading with a slave. May 1834. Warrant for John DOVE to appear and answer the State upon an indictment for negro trading. Nov 1833. Warrant for John DOVE to appear and answer the State upon an indictment for negro trading. Feb 1834. Jurors present that John DOVE on 1 Nov 1833 unlawfully did traffic with and receive from a slave named Isaac the proper slave of Moses W. JARVIS & John G. GRANBURY one side of leather, Isaac having no permission in writing from his owners or managers to disperse the same. Nov term 1833 Warrant for John DOVE to appear and answer the State upon an indictment for trading with a slave. Nov 1834. Summons for Moses JARVIS senr. And Moses W. JARVIS to produce his negro slave Isaac to testify on behalf of the State in a matter in which the State is plaintiff and John DOVE is defendant. Nov 1833 Complaint made by Margret HALL a free woman of color that David SPELMAN a free man of color on 19 Jan 1835 broke and destroyed a number of articles in her house and cut open and destroyed her bed, and did in other respects behave in a riotous manner threatening to beat her which she has good reason to believe that he will do. Order to sheriff to take David SPELMAN and bring him before a JP to answer the complaint and to be dealt with as the law allows. Summons for State: Polly DOVE. 19 Jul 1835 Appearance bond by William G. BRYAN for the appearance of Isaac the slave of Christopher BRYAN to answer the State upon an indictment of assault and battery. 3 Jan 1836 Summons for Noah BARNETT to appear and testify on behalf of the State in a matter in which the State is plaintiff and Isaac the slave of Chr. BRYAN is defendant. Nov 1835 Jury presents that Isaac, the slave of Christopher BRYAN on 1 Nov 1835 made an assault upon Noah BARRATT, and Noah did beat, wound, and ill-treat. Nov term 1835 Warrant for Isaac (the proper slave of Christopher BRYAN) to answer the State upon an indictment for an assault and battery. Nov term 1835 The State vs. Negro Jesse a Slave} Indictment for Assault with intent to Commit a rape Removed from Craven County Superior Court of Law to the Beaufort Supr. Court of Law, Fall term 1837 Summary of case by William J. HOLMES, CSC for Beaufort Co.: Negro Jesse, a slave (the property of Miss Sarah GREEN of Craven Co.) was tried on the 5th Monday after the 4th Monday after the 4th Monday of March 1838 upon the premises of the Bill of Indictment and Jesse pleaded a former trial and acquittal and that he is not guilty of the charges, to wit, an assault with intent to commit a rape and of this he put himself on the Country. Solicitor for the state, William H. WASHINGTON, replied & said that the alleged may be inquired of by the country, and Jesse said the like. [In other words, both parties agreed to a trial]. A jury of Henry BLOUNT, Ezra F. HOLMES, Jacob VANDER VEER, Benjamin GRIST, Henry FORTESCUE, William SHAW, Thos. D. SMAW, Gabl. ROBASON, Richard H. BONNER, Saml. V. SMAW, John SALTER, & Joseph POTTS find that the prisoner is guilty and that they find that there has not been a former acquittal. The prisoner by his attorney moved for a new trial, which was overruled Jesse was set to the bar, and it was demanded of him to say what he had to allege why judgment to suffer death should not be passed upon him; and he not shewing any cause, it is ordered that Jesse a Negro slave, be taken to the dungeon from whence he came and from thence to the place of public execution and there be hanged by the neck until he be dead. Ordered that the sheriff carry out the sentence on 15 June next between 12:00 and 3:00 that day. Afterward, on the day aforesaid being Sat. 5 May 1838, William HERITAGE, the agent of Miss Sally GREEN, being dissatisfied with the judgement and sentence against Jesse prayed the court for an appeal to the next Supreme Court, which was granted on bond and surety being given by William H. HERRITAGE alone, which was not considered such a bond as would satisfy the law & be in accordance with the condition on which the appeal was granted. Afterword, in vacation of the court, a certificate purporting to be of the Clerk of the Supreme Court was received, shewing that the Solicitor General consented that the appeal should go up with the bond as taken by HERRITAGE, the record of the case was sent to the Supreme Court. At the term the 5th Monday after the 4th Monday in September 1838, the decree of the Supreme Court having been recd., being seen and by the Court here the premises understood, the prisoner is ordered to be brought into Court. Prisoner being brought into court being set to the bar, the Court proceeded to pass sentence of death upon him, and it being demanded of him what he had now to say why sentence of death should not be passed upon him, and he not alleging any cause, he was ordered to be taken back to the dungeon from whence he came and from there to the place of Public execution on Friday the 23 of Nov instant, and there to be hanged by the neck until dead. Sheriff is ordered to carry out this execution on that day between 12:00 and 4:00. 11 Aug 1839 Account of Miss Sarah N. GREEN of Craven County with Jacob SWINDELL, jailor of Beaufort County. This is a calculation of costs associated with the incarceration of Sarah GREEN’s slave Jesse: 3 Nov 1837: 2 days committal & releasing 2 May 1838: Commital 3 May he is taken out for trial and sent back, committal and releasing that day 5th taken out and sentenced comital & releasing 2 Nov he is taken out and a day appointed for execution after decision of Supreme Court, committal and releasing 23rd Jessee is released for execution Board from 2 May to 23 Nov making 206 days Total charge: $65.40 Below this is written: “Jacob SWINDELL maketh oath that the foregoing acct. is just & true—that he has not recd. the same nor any part thereof, & that as he has been informed and believes, the owner of the slave has removed beyond the limits of the state with all her effects so that he cannot obtain payment from that source.” Attached: Complaint by Jacob SWINDEL to Jos. S. FOWLER, justice of Craven Co. that Sarah N. GREEN is indebted to him in the sum of $65.40 and Sarah has removed out of the state so that the ordinary processes of law cannot be served on her. Order to sheriff of Craven Co. is to attach the estate of Sarah N. GREEN, or as much of it as is replievable on security, as shall be of value to satisfy the debt and costs and have it before the next term of the Court of Pleas and Quarter Sessions. 15 May 1839. Replievable with security means that the property taken may be returned to the owner if she gives adequate security, i.e., a bond] Back: “Levied on Sarah GREEN’s one fourth part of a tract of land on Core Cr. adjoining the lands of William PRESCOT, John CHALTON, and others, containing 1200 ac.” 16 May 1839 Summons for Mariah AVERY, Eliza BANKS, and Julia LEWIS to appear before the Grand Jury and testify on behalf of the State in a matter in which the State is plaintiff and George a slave is defendant. Apr 1838 Piece of paper with a list of names: Saml. BOWDEN Wm. TISDALE Fred. DAWSON Jno. B. DAWSON David LEWIS Rashlin CASWELL Hiram BRINSON Thos. GOODING junior. Ed. TINKER James TISDALE J.N. BECKWITH G.W. DIXON Jno. MILLER Other side of paper: Ald. George Saml. E. CHAPMAN Eliza BANKS Maria AVERY Julia LEWIS No other information on paper. No date Jacob SWINDELL vs. Sarah GREEN: Jugt. $65.40 “I hereby assign transfer & set over to Elijah CLARK County Trustee of Craven, all my right title claim & interest in the [smeared—can’t read] to the judgement obtained by me in Craven County Court at this term for $65.40 saving & excepting the sum of $18 thereof to be paid by Jno. B. DAWSON, sheriff of Craven of monies in his hands belonging to Sarah GREEN & hereby authorize him to collect the same.” s/Jacob SWINDELL. Witness Jno. B. DAWSON. 13 Nov 1839 Calculation of cost of incarceration of Jesse, slave of Sarah GREEN. This is the same as the previous calculation, with the same words. 3 Dec 1837 Summons for Thos. J. PASTEUR, George WILSON, and James H. FRESHWATER to appear and testify on behalf of the State in a matter in which the State is plaintiff and Patience HARRIS is defendant. Oct 1837 Warrant for Patience HARRIS to appear and answer an indictment for disorderly house. Oct 1838 Summons for Thos. J. PASTEUR, George WILSON, and James H. FRESHWATER to appear and testify on behalf of the State in a matter in which the State is plaintiff and Patience HARRIS is defendant. Apr 1837 Summons for Bryan JONES, James MORRIS, Wright SUYDAM, & Jesse FIFE to appear and testify on behalf of Patience HARRIS in a matter in which the State is plaintiff and Patience is defendant. Oct 1837 Appearance bond by Patience HARRIS with George W. DIXON and O.J. HARRISON to appear and answer an indictment for disorderly house. 16 Mar 1838 Jurors present that Patience HARRIS, a free person of color on the first day of March 1887 and on diverse other days and times between that day and this inquisition, kept a certain common, ill-governed, and disorderly house, and in the house, for her own lucre and gain, certain evil disposed persons, as well men and women, of evil name, fame, and conversation came together on the days and times aforesaid them unlawfully and willingly did cause and procure and the said persons in the said house, at unlawful times, as well in the night as in the day, there to be and remain, drinking, tippling, cursing, swearing, quarreling, and otherwise misbehaving themselves. The jury also finds that Patience HARRIS, a free person of color, afterwards on the first day of March 1837 and on diverse other days and times between that day and the taking of this inquisition kept a certain common, ill- governed, and disorderly house, and in the house, for her own lucre and gain, certain evil disposed persons, to wit slaves and free persons of color, as well men as women, of evil name, fame, and conversation came together, at night as well as in the day, there to be preaching, exhorting, praying, singing, and otherwise misbehaving themselves (no white person being present), to the nuisance of of the good citizens of the state. Fall term 1837 Summons for Washington CARMAN, William M. HERRITAGE jr. & M.C. BOGEY to appear and testify for the State of NC in a matter in which the State is plaintiff and Jack COOK (free man of color) is defendant. Oct 1838 Grand Jurors present Jack COOK a colored man for holding negro meetings. Witnesses: Jury: Washington CARMON Jno. GREEN, foreman William M. HERRITAGE jr O.J. DEWEY M.C. BOGEY Henry JONES Lewis FOWLER S. POTTER James RIGGS Stephen CAVENA Wm. G. TAYLOR Nathl. T. STREET Michael N. FISHER John FORNES D.B. GIBSON Oct term 1838 Summons for Fred. J. JONES, Daniel Y. SHINE and Thomas L. HALL to appear before the Grand Jury and testify on behalf of the State of NC in a matter in which the State is plaintiff and David BABB (free man of color) is defendant. Oct 1838 Grand Jurors present David BABB a colored man for holding negro meetings. Witnesses: Jury: Fred. K. JONES Jno. GREEN, foreman Daniel Y. SHINE O.J. DEWEY Thos. L. HALL Henry JONES Lewis FOWLER S. POTTER James RIGGS Stephen CAVENA Graves FONVILLE Nathl. T. STREET M. N. FISHER John FORNES D.B. GIBSON Oct term 1838 Grand Jury presents that a certain negro man named Ben, the property of Reading MCCOY, has been & is permitted to hire his own time. Witnesses: Jury: Edward HEATH Tillman WILLIS J.M. BEASLEY James HANCOCK James M. BEASLEY Jess LAWSON Green CHESNUT Luke RUSSELL James PRICE Richard RIGGS Thos. JONES, snr Spencer RICE Jacob LAVESTER John A. DELAMAR Nov term 1838 Warrant as before for Ben, a negro man (the proper slave of Reading MCCOY) to answer the State on a presentment of the grand jury that he has been and is permitted to hire his own time, contrary to statute. Feb 1839 Summons for Edward HEATH and James BEASLEY to appear and testify for the State in a matter in which the State is plaintiff and Ben the slave of Readen MCCOY is defendant. Nov 1838 Summons for Edward HEATH and James BEASLEY to appear and testify for the State in a matter in which the State is plaintiff and Ben the slave of Readen MCCOY is defendant. Feb 1839 Summons for William J. MCCOY & Readen MCCOY jr to appear and testify on behalf of Readen MCCOY in a matter in which the State is plaintiff and Ben the slave of Readen is defendant. Feb 1839 Warrant for Ben, a negro man (the proper slave of Reading MCCOY) to answer the State on a presentment of the grand jury that he has been and is permitted to hire his own time, contrary to statute. Nov 1838 State vs. Stepney a slave: Witness charge by John B. GASKILL to State. Includes 70 miles travel. Apr term 1838 Warrant for Stepney, a slave of James T. JONES to appear and answer a charge of hiring his own time. Oct 1838 Piece of paper that says: “James J. JONES for permitting his negro slave Stepney hiring his own time and trading spiritous Liquors. Witness of State John B. GASKILL, Elijah TAYLOR, SAm. PARSONS, and Benjm. TAYLOR No date or anything else written on this slip of paper State vs. Stepney a slave: Witness charge by Elijah TAYLOR to State. Includes 54 miles travel. Apr term 1838 State vs. Stepney a slave: Witness charge by Abner WISE to State. Includes 60 miles travel. Apr term 1838 Appearance bond by Readen MCCOY for the appearance for his negro man Ben to appear upon a presentment by the Grand Jury that he has been and is permitted to hire his own time contrary to the statute. ___ May 1839 State vs. Stepney a slave: Witness charge by John PARSONS jr to State. Includes 60 miles travel. Apr term 1838 Summons for Abner NEAL, John PARSONS jr to appear and testify on behalf of the State in a matter in which the State is plaintiff and Stepney a slave is defendant. Oct 1837 Summons for John B. GASKINS, Elijah TAYLOR, & Saml. PARSONS, & Benjamin TAYLOR to appear and testify on behalf of the State in a matter in which the State is plaintiff and Stepney a slave is defendant. Apr 1837 Summons for John B. GASKINS, Elijah TAYLOR, & Saml. PARSONS, & Benjamin TAYLOR to appear and testify on behalf of the State in a matter in which the State is plaintiff and Stepney a slave is defendant. Oct 1837 Jurors present that Stepney, the property of James T. JONES on the 1st day of March 1837 and other times, has been permitted by his master to go at large, hiring himself to divers persons to the jurors unknown, he Stepney having hired his own time from his master James T. JONES. Feb term 1837. Back: List of witnesses for the State: John B. GASKINS, Elijah TAYLOR, Saml. PARSONS, Benjm. TAYLOR. [Note that this is on a pre-printed form; only the names and dates have been handwritten in, meaning that this was a common enough offense to have a pre-printed form]. Grand jury presents old negro woman Stacky formerly the property of Mrs. DOWDEN decd. for stealing Peter PETERSON’s fishing nets. 15 Mar last. May term 1838 Summons for Moses W. JARVIS, John C. STANLY, Donum MONTFORD, Marcus C. BOGEY, Saml. FOWLER to appear and testify on behalf of Negro slave George the property of John BLACKWELL in a matter in which the State of NC is plaintiff and George is defendant. Apr 1838 Summons for Saml. E. CHAPMAN, Eliza BANKS, & Maria AVERY to appear and testify for the State in a matter in which the State is plaintiff and George a slave is defendant. Oct 18__ Summons William [can’t read], Mary FOY, and Mary RODERICK to appear before the Grand Jury and testify on behalf of the State of NC in a matter in which the State is plaintiff and Thomas LEWIS (a free man of color) & Nancy JONES are defendants. Oct 1838 Summons William [can’t read], Mary FOY, and Mary RODERICK to appear before the Grand Jury now sitting and testify on behalf of the State of NC in a matter in which the State is plaintiff and ______ defendants. ____ 1838 Presentment by the Grand Jury that Thomas LEWIS a free Black and Nancy JONES a white woman for cohabiting illegally together. NOTE: There is an “X” through this presentment. Witnesses: Jury: Wm. BREW Jno. GREEN, Foreman Mary FOY O.S. LEWIS Samuel POTTER D.B. GIBSON Graves FONVILLE Joshua TAYLOR Wash. H. WEST John FORNES Stephen CAVENNA Lewis FOWLER Henry JONES Jesse LANCASTER Oct term 1838 Jury present that Nancy JONES on 1 Jan 1839 and on divers other days and times, did take into her house Thomas LEWIS and they did there live and cohabit together without being married, contrary to Statute. And the jury presents that Nancy JONES did take into her house Thomas LEWIS and they did then and there have one or more children, without parting or entire separation, they never having been lawfully married; contrary to the Act of Assembly in such case made and provided, to the evil example of all others in like case offending, and against the peace and dignity of the State. Spring term 1839. [Note: This is a pre-printed form with only the names of people and the county handwritten in]. Back: List of witnesses: William BREW, Mary FOY, Polly RODERICK Jurors present that William MARTIN, a free negro on 1 Oct 1838 did trade with a slave named Pompey the property of Michael N. FISHER for five barrels of turpentine, and did buy and receive the five barrels of turpentine without a permission in writing from his master, mistress, or any other person having management of him. Fall term 1839 Back: List of witnesses: Michael N. FISHER, Bryan WHITFORD, Nicholas BRAY Summons for Joseph MCCOTTER & John B. IRELAND to appear and testify on behalf of the State of NC in a matter in which the State is plaintiff and William MARTIN is defendant. Apr 1839 Summons for Michael N. FISHER, Bryan WHITFORD, & Nicholas BRAY to appear and testify on behalf of the State of NC in a matter in which the State is plaintiff and William MARTIN is defendant. Oct 1839 Summons for Soloman SAMPSON, William CARTER, & Martin CARTER to appear and testify on behalf of the William MARTIN in a matter in which the State is plaintiff and William MARTIN is defendant. Apr 1839 State vs. Will. MARTIN: Defendant makes oath that Soloman JACKSON is a material witness for him, and that he cannot safely come to trial without him. The capias (summons) was not served on the affsd. until too late to come to Newbern. He lives some distance below Newbern, and the process was not served until Thursday before court. Apr term 1839 Summons for David WHORTON to appear and testify on behalf of the State of NC in a matter in which the State is plaintiff and William MARTIN is defendant. Apr 1839 Summons for John HARVEY (Newbern) to appear and testify on behalf of the William ____ in a matter in which the State is plaintiff and William MARTIN is defendant. Apr 1839 Warrant for William MARTIN to appear and answer the State of NC on a bill of indictment for assault and battery. Oct 1838 Jury presents that on 1 Oct 1838 William MARTIN traded with a slave Pompey, the property of Michael N. FISHER for turpentine and bought and received turpentine without a permission in writing from his master, mistress or any other person having management of him. Fall term 1838 Back: List of witnesses: Michael N. FISHER, Bryan WHITFORD, Nicholas BRAY Appearance bond by William MARTIN with Samuel MARTIN, bondsman to appear and answer the state of a Bill of Indictment for assault and battery. 8 Apr r1839