Southampton-Nansemond County Virginia USGenWeb Archives Court.....Southampton Insurrection, 1821 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Southampton County Virginia USGenWeb Archives Court Records Trial of boy Abel, property of Sally DAUGHTREY of Southampton Co., for the murder of James POWELL [Jr.] & wife America (MURFEE) POWELL, 14 Jun 1821 28 Jun 1821 Trial of girl Celia, property of the estate of Henry DAUGHTREY of Nansemond Co., 28 Jun 1821 Examination of Celia by matrons, 16 Jul 1821 [Southampton Co. Court Minute Book, 1819-1824] [in modern pen, p. 177] At a court of Oyer and termini Summoned and held for the County of Southampton Boy on the 28.th day of June 1821 for the Trial of Abel a negro [? struck] Slave the of this county ^ property of . Salley Daughtrey ^ for feloniously & willfully murdering James Powell and America Powell his wife on the night of the 14.th of the present month June them at the dwelling house of ^ the same James Powell & America Powell, his wife, Prest. Benjamin Cobb, Jacob Darden, James D. Massenburg Wm. E.Daughtrey & Wm. L.Everett Gent: The court being thus constituted the prisoner was set to the bar by the Sheriff of this county into whose custody he was heretofore committed and charged with the felony aforesaid, and being thereof arraigned and upon his arraignment pleaded not guilty and for his Trial put himself upon his god and this court, and thereupon divers witnesses were sworn and examined on behalf of the commonwealth Touching the premises, to wit, Patrick Doles of full age being Sworn deposeth and saith that Early in the morning of the 14.th of this present month, the young man who lives at the house of this deponant, informed him this deponant that he thought the house of James Powell was on fire and had Sent a negro man George the property of this deponant to See if it was the fact, but before the conversation between this deponant and the young man, had ceased, the said negro man George returned and informed this deponant that Powells house was on fire, This deponant asked George if he saw any person Stirring he replied he did not, This deponant then observed it was probable they were all consumed in the house, and ordered all hands to go over and if it was not the case to render all the assistance they could, This deponant after putting on his clothes immediately went over to the assistance of Powell, and when he arrived there, he found the house of Powell consumed and himself & wife also consumed therein, after walking about and making Some examination to See what discovery he could make, he discovered that a Trunk which was brought out of the house was broken or bursted open, and the papers that verymuch Scattered about, ^ Powells remains were lying where a cot formerly Stood & appeared to be on the back, and Mrs. Powells lying where a bed formerly Stood in the house -Celia a negro Girl Slave the property of Henry Daughtreys estate of the mitted Nansemond on the day before the murder was com= county of ["Isle of Wight" struck] being charged and Sworn, Saith that ^ the prisoner Said to her this deponant that he the prisoner had Something to tell her till Just Knight which he was afraid to do ^ for fear this deponant would tell of it, and just at Knight of the Same day he told this deponant that he wanted her to kill meaning Powell & wife them people, ^ that he wou'd give her this deponant five dollars to do it, [page break] [p.] 178 which this deponant refused to do, Saying they had done nothing to induce her to Kill them & that She could not do it, he the prisoner Said She this deponant Shou'd do it or that he wou'd & then said that She this deponant Shou'd kill them meaning Powell & wife, that he did not intend to come home there on the monday morning following. that Knight this deponant went in the room where the prisoner ["slept" struck] to get water ["Powell & wif" struck] Slept ^ which She never done before, after knight, and after getting in the room the prisoner asked this deponant if She did not meaning Powell & wife intend to Kill them, ^ She answered no, and went back & laid down but did not go to Sleep, neither could She rest, She then went back in the room where the prisoner was, and got the ax and returned again in the room where Powell & wife Slept & laid down, & then got up and attempting three times to strike Mr. Powell before She gave the blow, and gave him three blows, one in the breast & two on the head and then left him, When She gave Powell the first blow he said dont [underlined] and Mrs. Powell asked what was the matter, and at that instant this deponant gave Mrs. Powell a blow in the breast and two on the head. while this deponant was committing the murder the prisoner was in the other room holding a negro boy to keep him from Seeing this deponant commit the murder and at the same time telling this deponant to Save them and Spare them no life, this deponant then went in the other room where the prisoner was and he went out to the wood pile, & returned in the house and got Some lightwood, carried it to the door Steps and split it, and Kindled a fire and put it at the head of the bead [sic] where Mrs. Powell lay and asked this deponant for the barn Key and went & got a quantity of fodder and put some on the fire at the head of the bead [sic] and carried Some up Stares [sic] and Set it on fire, and put foder [sic] under the house at that part of the house where Mr. Powell lay and and Set it on fire, he then put Some fodder on the Top of the house and Set that on fire, during this time this deponant was carrying furniture &c. out of the house, & after the prisoner had fired the house he assisted in carrying out furniture &c. till the fire stoped [sic] them, they then moved the property out of the way of the fire, and the prisoner carried a Trunk a Short distance under a peach Tree & broke it open, and then returned to this deponant and said there was nothing in it, and then went to Mr. Powells Trunk and took out four pieces of money Silver Three 25 cent pieces & one piece of 12½ cents, ^ & two Silk frocks, one pair of stockings [page break] [in modern pen, p.] 179 and buryid [sic] them behind the smoke house, & then took one crevat & put it in his pocket, and took one shirt, one pair of pantaloons, & a coat & one cam= =bric frock, & carried them off in the woods & returned & Stayed a Short time and then went off Saying he was going to Mr. Murfees ŻŻ that Wills [sic; Wells] Murfee of full age being Sworn deposeth and saith ^ on the 14.th of this present month About Sun rise ["the pris" struck] in the morning of that day the prisoner came to the house of this deponant, and informed him that the house of James Powell was consumed by fire and James Powell and wife was also consumed in the house, the prisoner then askes this deponant, what he should do, this deponant directed the prisoner to go to Mr. Simon Murfees and till [sic; tell] him to come up to this deponants house, in his gigg in order to go to the place where Mr. Powells house was burnt, and when they arrived at the place they found the house consumed & the remains of two persons in it, one at the place where cot the bed formerly Stood and the other at the place where the ^ ["bed" struck] head of the formerly Stood, the ^ one that was said to be James Powell was separated from its body, and the Scull [sic] appeared to be in Several pieces, This deponant then discovered that two of the trunks which were brought out of the house were open, one appeared to be very much drawn by the fire and the other appeared to be broken open by violence used on the lock, ___ Simon Murfee of full age being Sworn deposeth and Saith that on the morning of the 14.th of this present month about ½ hour by Sun in the morning of that day, the prisoner at the bar came to the house of this deponant and informed him that the house of James Powell was burnt & himself and wife consumed therein, This deponant asked if the child was Saved, he answered it was, this deponant asked how, The prisoner answered that its Mother (Mrs. Powell) carried it out, This depo= =nant asked how it was possible the child Shou'd be saved & Mr. and Mrs. Powell consumed, the prisoner replied that they were carrying out property & both of them went in the house and it fell in upon them, that this deponant during this conversation with the prisoner, Thought he discovered evident marks of gilt, [sic] but upon reflection thought probably it might be the Scene which he had witnessed produced the effect upon the countenance of the prisoner, This deponant then went to the place where the house was burnt and found the remains of two persons which he has no doubt was the remains of James Powell & wife, that the remains of one [page break] [p.] 180 appeared to be where the bed formerly Stood and the remains of the other where the cot formerly stood, and upon examination found two trunks open one of them a small distance from the other property which was taken out of the house, and appeared to have been broken open, and a considerable part of the clothing taken thereout, and two pocket books (lying open in the trunk (upon top of the other things in the Trunks,) both of which were empty, that this deponant did not see the prisoner any more during that day till near Knight when he set off home, the prisoner came up behind him in the road near the place where the house was burnt, and asked this deponant what he Should do, or where he should go, that this deponant then directed the prisoner to go to the house of this deponant where he went accor= dingly, and remained till the next day, when he was directed by this had deponant to return to the plantation where James Powell ^ lived that when this deponant approached the prisoner he exhibited marks of fear and gilt and Shewed a disposition to avoid this deponant which induced this deponant to Suspect the prisoner of having committed the murder of James Powell & wife, and burning the house, upon these Suppositions this deponant apprehended the prisoner and had him confined and dealt with according to Law __ __ Tyler Edwards of full age being Sworn deposeth and Saith that on the 14.th of this month the prisoner at the bar overtook this deponant and asked if he this deponant was not a witness to a note which James Powell gave for the hire of the prisoner, This deponant ans= that =wered that he was the Security to the note, ^ This deponant then asked the prisoner why he asked that question, the prisoner then Said that James Powell & wife was burnt up in his house with all his property except one Trunk & one chest, this deponant then asked the prisoner to give some account of the occurence he said he new [sic] nothing of it untill the house was on fire, that the house was fired in the boxing & that he thought "It" was Set on fire, that this deponant then asked the prisoner if there had been any fire in that part of the house, the prisoner answered there had not been any in a month that he Knew of __ [page break] [in modern pen, p.] 181 Nancy Beale of full age being Sworn deposith and saith that She was at the place where James Powells house was burnt & w in walking in the garden saw the ^rapper of the child of James Powell layin on a patoe ridge [sic] __ Elizabeth Beale of full age being sworn deposeth & saith that She happened at the place where James Powells house was w burnt & in waking [sic] in the garden Saw the ^rapper of the child of James Powell lying in the garden which was the Same wrapper which this deponant had Seen the child of James Powell wear [large X in margin beside entire paragraph] __ Alexander Booth of full age being sworn deposeth and saith that he saw the prisoner at the bar at a preaching at Dixon Basses Since James Powells house was burnt and saw him have 75 or 87½ cents in Silver __ Dixon Bass of full age being Sworn deposith and saith that he saw the prisoner at the bar at a preaching at his house Since James Powells house was burnt & Saw the prisoner at the bar have a small qu= =anty [sic] of money, __ [paragraph "The evidence..." erased & overwritten] John Screws of full age being Sworn deposeth and Saith that he heard the prisoner at the bar say if James Powell whiped [sic] him any more that he the prisoner would not live with him - ŻŻ Miles a negro Man Slave the property of Wm. Lawrence being charged & Sworn Sayeth that during the last fishing Season he frequently heard the prisoner at the bar say that if James Powell whiped him that he would be damed [sic] if he the prisoner did not Kill him __ - The evidence on the part of the commonwealth being thus closed and the prisoner being fully heard by counsel, The court after hearing the testimony and all the circumstances of the case are unanimous of opinion that the prisoner is guilty of the murder whereof he Stands charged - Therefore it is ordered that he be taken from thence to the place from whence he came and from thence to the place of execution on the wednesday the 15.th day of August next between the hours of 10 O.Clock AM. & 5 O.Clock PM. of that day, and then & there be hanged by the neck until he is dead - dead - dead - __ Seventy five Memd. The court value the said slave to three hundred & ^ Dollars Benja. Cobb [page end] [p.] 182 At a Court of Oyer and Termini Summoned and held for the county of Southampton on the 28.th day of June 1821 for the Trial of Celia a negro girl Slave the property of the estate of Henry Daughtrey of the county of Nancymond, [sic] who stands charged with feloniously murdering James Powell & America his Wife of This County on the night of the 14.th of the present month __ Present Benjamin Cobb, James D. Massenburg, Jacob Darden Wm. L. Everitt [sic; Everett] & William E. Daughtrey Gent. The court being thus constituted the prisoner was set to the bar by the Sheriff of this county into whose custody She was heretofore committed and charged with the felony aforesaid and being Thereof arraigned pleaded not guilty and for her Trial put herself upon god and this court and thereupon divers witnesses were Sworn & examined on behalf of & Simon Murfee the comml. Touching the premises, to wit, Samuel Calvert of full being sworn age ^ deposeth that the prisoner confisseth [sic] in the presence and hearing of these ['this' altered] deponents that She murdered James Powell & America his wife by inflicting Three blows on each with an axe that she struck Mr. Powell on the breast with the eye of the axe & repeated the blow twice upon which Mrs. Powell called upon her husband to Know what was the matter, that the prisoner then went immediately to her bed Side & inflicted three blows on her breast, They then both appeared to be Still & She then went into the other room where her accomplice the negro boy was who told her it was best to save the infant of Mrs. Powell to prevent Suspicion which She accordingly did by Taking it from its Mothers Side & carrying it out of doors & that Abel her accomplice then Set fire to the house with split lightwood & fodder both above & below Stares [sic] & under the house - and the evidence as of Simon Murfee & others ^ given in, in [sic] the case of Abel being admitted in this case The evidence being thus closed on the part of the commonwealth and the prisoner being fully heard by counsel - The court after hearing the testi= unanimously =mony and all the circumstance of the case are ^ of opinion that the prisoner is guilty of the murder whereof She Stands charged - Therefore it is ordered that She be taken from hence to the place from whence She came and from thence to the place of usual execution & then and there on the 15.th day of August next between the hours of 10 O.Clock AM & 5 O.Clock PM of that day be hanged by the neck till She be dead_ dead _ dead, & the court value the Said Slave to Three hundred and fiifty Dollars __ Whereupon the prisoner at the bar ple= aded that She was quick with child, &prayed that her execution [page break] [in modern pen, p.] 183 She be delivered of the clild of which She is might be Suspended untill ["that matter cou'd be properly enquired into" struck] ["and ascertained" struck]^ It is Therefore ordered that a writ^ to the Sheriff of this county directing him to Summon a Jury of Matrons consisting of twelve to Meet at the courthouse on the Third monday in July next being court day to inquire into and ascertain whether the prisoner be quick with child or not, And it is ordered that the execution of the prisoner be Suspended till the fact aforesaid be properly ascertained; whereupon the court Stands adjourned & it is hereby adjourned till the Third Monday in July next being court in course Benja. Cobb At a Court held for the county of Southampton the 16.th day of July 1821 Prest. Benja. Cobb, Lawrence Cook, Jacob Darden, Wm. E. Daughtrey and Wm. L. Everett Gent. [...] [p.] 184 Celia a negro woman slave late the property of the estate of Henry Daugh =trey of the county of Nansemond who Stands convicted of feloniously murder again =ing James Powell & America his wife) was this day ^ set to the bar by the Sheriff of this county to which day the court of Oyer & Termini Summoned & held for her Trial was continued, whereupon came a Jury of matrons, to wit, Lucy Myrick, Peggy Vick, Elizabeth Whitehead, Peggy Williford, Lucy Drake, Betsey Rowe, Sally Pope, Patsey Stott, [sic; Scott] Ann Beale, Tabitha Blythe, Winney Doyal & Tempy Philips [sic; Phillips] who being duly sworn to inquire whether the prisoner be with child with a quick child or not, and upon their oaths do say that the said considered by the court prisoner is not with child - Therefore it is ["ordered" struck] that the Judgement heretofore rendered in the case ["by" overwritten] & the Sentence thereupon pronounced be carried into execution according to the terms Thereof - ___ [case end] [Southampton Co. Court Order Book, 1819-1822] [p. 321] At a Court of Oyer and Terminer summoned and held for the County of Southamp =ton on the 28.th day of June 1821 for the trial of Abel a negro boy slave the property of Sally Daughtrey of this County, for feloniously murdering James Powell and America Powell his wife on the night of the 14.th of the present month June at the dwelling house of them the same James Powell & America Powell his wife _ _ Present. Benjamin Cobb, Jacob Darden, James D. Massenburg William E. Daughtrey and William L. Everett _ Gent: Justices _ The Court being thus constituted the prisoner was set to the bar by the Sheriff of this County into whose custody he was heretofore committed and charged with the felony aforesaid, and being thereof arraigned upon his arraignment pleaded not guilty and for his trial put him= self upon God and the Court and thereupon divers witnesses were sworn and examined on behalf of the Commonwealth touching the premises to wit, Patrick Doles of full age being sworn deposeth and saith that early in the morning of the 14.th of this present month the young man who lives at the house of this deponant informed him, the Deponant, that he thought [t]he house of James Powell was on fire and had sent a negro man George the property of this Deponant to see if it was the fact but before the conversation [page break] [p.] 322 between the deponant and the young man had ceased, the said George returned and informed this deponant that Powells house was on fire. This deponant asked George if he saw any person stirring, he replied he did not_ This deponant then obser= ved it was probable they were all consumed in the house, and ordered all hands to go over and if it were not the case to render all the assistance they could. This deponant after putting on his clothes immediately went over to the assistance of Powell and when he arrived there, he found the house of Powell consumed and himself and Wife also consumed therein _ After walking about & making some examination to see what discovery he could make, he discovered that a trunk which was brought out of the house was broken or bursted open, and the papers very much scattered about_ That Powells remains were lying where a cot formerly stood and appeared to be on the back, and Mrs. Powells lying where a bed formerly stood in the house _ Celia a negro girl the property of of [sic] Henry Daughtrey estate of the County of Nansemond being charged and sworn saith, that on the day before the murder was Committed the prisoner said to her this deponant that he, the prisoner, had something to tell her which he was afraid to do till just night for fear this deponant would tell of it, and just at night of the same day he told this deponant that he wanted her to kill them people meaning Powell & wife, that he would give her, this deponant, five dollars to do it which this deponant refused to do saying they had done nothing to induce her to kill them, and that she could not do it: he the prisoner said she, this deponant, should do it, or that he would & then said that she this deponant should kill them meaning Powell &wife,_ that he did not mean to come home there on the monday morning following. That knight this deponant went in the room where the prisoner slept to get water which she never done before after knight, and after getting in the room the prisoner asked this deponant if she did not intend to kill them, meaning Powell and Wife. She answered no, and went back and laid down, but did not go to sleep_ neither could she rest_ she then went back in the room where the prisoner was, and got the axe and returned again in the room where Powell & wife slept & laid down, & then got up and attempting three times to strike Mr. Powell before she gave the blow, and gave him three blows. one in the breast and two on the head & then left him _ when she gave Powell the first blow he said 'dont' [underlined] and Mrs. Powell asked what was the matter, and at that instant, this deponant gave Mrs. Powell a blow in the breast and two on the head, while this deponant was committing the murder the prisoner was in the other room holding a negro boy to keep him from Seeing this deponant commit the murder and at the same time telling this deponant to save them and spare them no life _ This deponant then went in the other room where the prisoner was and he went out to the wood pile, & returned in the house and got some lightfvodd [sic, typo; 'lightwood'] - carried it to the door Steps and split it and kindled a fire and put it at the head of the bed where Mrs. Powell lay and asked this deponant for the barn key and went out and got a quantity of fodder and put some on the fire at the head of the bed and carried some up Stairs and set it on fire and put fodder under the house at that part of the house where Mr. Powell lay and Set it on fire he then put some fodder on the top of the house and set that on fire, during this time this deponant was carrying furniture &c. out of the house and after the prisoner had fired the house he assisted in carrying out furniture &c. till the fire stoped [sic] them__ they then moved the property out of the way of the fire and the prisoner carried a trunk a Short distance under a peach tree and broke it open, and then returned to this deponant and said there was nothing in it, and then went to Mr. Powells trunk and took out four peices [sic] of money three 25 cent pieces & one 12½ cent piece, Silver, and two silk frocks, one pair of stockings and buried them behind the smoke house and then took one cravat and put it in his pocket, and took one [page break] [in modern pen, p.] 323 Shirt, one pair of pantaloons, and a coat and one cambric frock & carried them off in the woods and returned and stayed a short time and then went off saying he was going to Mr. Murfees ~ Wells Murfee of full age being Sworn deposeth and saith that on the 14.th of this pres= ent month about sunrise in the morning of that day the prisoner came to the house of this deponant, and informed him that the house of James Powell was consumed by fire and James Powell and Wife were also consumed in the house, the prisoner then asked this deponant what he should do, this deponant directed the prisoner to go to Mr. Simon Murfees and tell him to come up to this deponants house, in his gigg in order to go to the place where Mr. Powells house was burnt, and when they arrived at the place they found the house consumed and the remains of two persons in it, one at the place where the bed formerly stood, and the other at the place where the Cot formerly Stood the head of the one that was said to be James Powell was seperated [sic] from its body, and the scull [sic] appeared to be in several pieces__ This deponant then discovered that two of the trunks which were brought out of the house were open, one appeared to be very much drawn by the fire, and the other appeared to be broken open by violence used on the lock ~ Simon Murfee of full age being sworn deposeth and saith, that on the morning of the 14.th of this present month about ½ hour by sun in the morning of that day, the prisoner at the bar came to the house of this deponant and informed him that the house of James Powell was burnt and himself & wife consumed therein, this deponant asked if the Child was Saved, he answered it was _ this deponant asked howd_ [sic, typo; 'how'] the prisoner answered that its mother (Mrs. Powell, carried it out - This deponant asked how it was possible the child should be saved & Mr. & Mrs. Powell consumed the prisoner answered that they were carrying out property and both of them went in the house and it fell in upon them _ that this deponant during this conversation with the prisoner thought he discovered evident marks of guilt, but upon reflection thought probably it might be the scene which he had witnessed produced the effect upon the countenance of the prisoner _ This deponant then went to the place where the house was burnt and found the remains of two persons which he has no doubt was the remains of James Powell & wife_ & that the remains of one appeared to be where the bed formerly stood, and the remains of the other where the Cot formerly Stood, and upon examination found two trunks open, one of them a small distance from the other property which was taken out of the house and appeared to have been broken open and a considerable part of the clothing taken thereout, and two pocket books (lying open in the trunk upon top of the other things in the trunk) both of which were empty, that this deponant did not see the prisoner any more during that day till nearly night when he set off home, the prisoner came up behind him in the road near the place where the house was burnt, and asked this deponant what he should do, or where he should go, that this deponant then directed the prisoner to go to the house of this deponant where he went accordingly & remained till the next day, when he was directed by this deponant to return to the plantation where James Powell had lived _ that when when [sic] this deponant approached the prisoner he exhibited marks of fear and guilt and shewed a disposition to avid [sic; 'avoid'] this deponant which induced this deponant to suspect the prisoner of having Committed the murder of James Powell & wife and burning the house _ Upon these suppositions this deponant apprehended the prisoner and had him confined and dealt with according to law ~ Tyler Edwards of full age being sworn deposeth and saith, that on the 14.th of this month the prisoner at the bar overtook this deponant and asked if he, this deponant was not a witness to a note which James Powell gave for the hire [page break] [p.] 324 of the prisoner. this deponant answered that he was the security to the note That this deponant then asked the prisoner why he asked that question. the prisoner then said that James Powell and wife was burnt up in his house with all his property except one trunk and one chest _ This deponant asked the prisoner to give some account of the occurence _ he said he knew nothing of it until the house was on fire _ that the house was fired in the boxing and that he thought it was set on fire. that this deponant asked the prisoner if there had been any fire in that part of the house _ the prisoner answered there had not been any in a month that he knew of ~ Nancy Beale of full age being Sworn deposeth and saith that she was at the place where James Powells house was burnt & in walking in the garden saw the wrapper of the child of James Powell laying on a potatoe ridge__ Elizabeth Beale of full age being sworn deposeth &Saith that she happened at the place where James Powells house was burnt & in walking in the garden saw the wrapper of the child of James Powell lying in the garden which was the same wrapper which this deponant had seen the child of James Powell wear Alexander Booth of full age being sworn deposeth and saith that he saw the prisoner at the bar at a preaching at Dixon Basses since James Powells house was burnt and saw him have 75 or 87½ cents in silver ~ Dixon Bass of full age being sworn deposeth and saith that he saw the prisoner at the bar at a preaching at his house since James Powells house was burnt and saw the prisoner have a small quantity of silver John Screws of full age being sworn deposeth and saith that he heard the prisoner at the bar say if James Powell whiped [sic] him any more that he the prisoner would not live with him ~ Miles a negro man slave the property of William Lawrence being charged and Sworn saith that during the last fishing season he frequently heard the prisoner at the bar say that if James Powell whipped him that he would be dam'd [sic] if he, the prisoner, did not kill him __ The evidence on the part of the Commonwealth being closed and the prisoner being fully heard by Counsel, the Court after hearing the testimony and all the circumstances of the case are unanimous in the opinion that the prisoner is guilty of the murder whereof he stands charged Therefore it is considered by the Court that the prisoner be taken to the place from whence he came and from thence to the place of execution on Wednesday the 15.th day of August next between the hours of 10. O.Clock A M & 5. O.Clock P M of that day and be hanged by the neck until he is dead _ And the Court value the said slave Abel to three hundred &Seventy five dollars __ The foregoing proceedings were signed by Benja. Cobb Teste James Rochelle Cl.S.C [page end] [in modern pen, p.] 325 At a Court of Oyer and Terminer held at the Courthouse in the County of Southampton on the 28.th day of June 1821 for the trial of Celia a negro girl slave the property of the Estate of Henry Daughtrey of the County of Nansemond, who stands charged with feloniously murdering James Powell and America, his Wife of this County on the night of the 14.th of the present month __ Present Benjamin Cobb, James D. Massenburg, Jacob Darden, William L. Everett and William E. Daughtrey _ Gent: The Court being thus constituted the prisoner was set to the bar by the Sheriff of this County into whose custody he [sic] was heretofore committed and charged with the felony aforesaid, and being thereof arraigned pleaded not guilty and for her trial put herself upon God and the Court and thereupon divers witnesses were Sworn and examined in behalf of the Commonwealth touching the premises, to wit, Samuel Calvert, &Simon Murfee of full age being duly sworn, depose, that the prisoner confessed in the presence and hearing of these deponents that she murdered James Powell & America his Wife by inflicting three blows on each with an axe _ that she struck Mr. Powell on the breast with the eye of the axe and repeated the blow twice upon which Mrs. Powell called upon her husband to know what was the matter. that the prisoner then went immediately to her bed side & inflicted three blows on her breast _ they then both appeared to be Still and She then went into the other room where her accomplice the negro boy was, who told her it was best to Save the infant of Mrs. Powell to prevent suspicion which she accordingly did by taking it from its mothers side and carrying it out of doors and that Abel her accomplice then set fire to the house with split lightwood & fodder, both above and below stairs and under the house- And the evidence of Simon Murfee & others as given in, in [sic] the case of Abel being admitted in this case, And the evidence being thus closed on the part of the Commonwealth and the prisoner being fully heard by Counsel. The Court after hearing the testimony and all the circumstances of the case are unani= mously of the opinion that the prisoner is guilty of the murder whereof she stands charged And it being demanded of her if any thing for herself she had or knew to say why the Court Should not proceed to pronounce Judgement against her according to Law She said that she had nothing but what she had before said_ Therefore it is considered by the Court that she hanged by the neck until she be dead~ But the said Celia alledging herself quick with child and praying that execution of the Judgement aforesaid may be respited, it is commanded the Sheriff of this County that he summon a Jury of matrons to meet here on the third monday in July next being a Court day, to try and examine whether the said Celia be quick with child or not _ Whereupon the Court stands adjourned and it is hereby adjourned till the third monday in July next _being Court in course _ The foregoing proceedings were signed by "Benja. Cobb" // [page end] [p.] 326 At a Court held for the County of Southampton on the 16.th day of July 1821 Present, Benjamin Cobb, Lawrence Cook, Jacob Darden, William E. Daughtrey and William L. Everett _ Gent _ [...] [in modern pen, p.] 327 [...] Celia a negro woman Slave who stands convicted of feloniously murdering James Powell & America his wife was again set to the bar by the Sheriff of this County, to which the day ^ Court of Oyer and Terminer summoned and held was continued) and thereupon came a Jury of matrons to wit Lucy Myrick Peggy Vick, Elizabeth Whitehead Peggy Williford, Lucy Drake, Betsey Rowe, Sally Pope, Patsey Scott, Ann Beale, Tabitha Blythe, Winney Doyal & Tempy Phillips who being duly sworn to try and examine whether the said Celia be quick with child or not, retired into a private room with the said Celia and after sometime [sic] returned into Court, and upon their oath did report, that they did not believe the said Celia to be quick with child. Therefore it is considered by the Court that the Judgement pronounced against the said Celia be executed by the Sheriff of this County at the usual place of execution on the 15.th day of August next between the hours of 10. O.Clock A.M. & 5. O.Clock P.M of that day~ and thereupon the prisoner is remanded to Jail _ // [...] [case end] [Southampton Co. Court Order Book, 1822-1824] [p. 44] At a Court held for the County of Southampton on the 15.th day of April one thousand eight hundred and twenty two _ Present, John C Gray, Benjamin Griffin, Peter Booth & Wm. Briggs. Gent [...] [in modern pen, p.] 45 [...] ______ ŻŻŻ Ordered that Master Commissioner Cobb examine, state and settle an account of Simon Murfees administration on James Powells Est. and make report thereof to Court _ _____ ŻŻŻŻŻŻ [...] [file end] Southampton Co., VA, Court Order Book, 1819-1822, pp. 321-27 Southampton Co., VA, Court Order Book, 1822-1824, pp. 44-45 The Library of Virginia (LVA), Richmond, VA LVA, Southampton Co. Microfilm Reel 30 Additional information: James POWELL jr. & America MURFEE, marriage bond 30 Aug 1817; sec/wit: James Powell; J.R. ,?, , (not legible) Southampton Co., VA, Marriage Register 1750-1853, p. 259 Note that there were several other persons named James POWELL in Southampton Co. during this period. Contributed for use in USGenWeb Archives by: Matt Harris (zoobug64@aol.com) [brackets mine] file at: http://files.usgwarchives.net/va/southampton/court/p400j_a.txt