Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Court Actions

December 16, 2012

Two lots in the town of Goldsboro.

This Indenture made & entered into the 23rd day of August 1847 by and between William K. Lane of the County of Wayne & State of North Carolina of the one part and James King Free man of Color of the other part.  Witness that the Said William K. Lane for & in consideration of the Sum of Forty Dollars to him in hand paid at and before the sealing & delivery of these presents the receipt and payment whereof is hereby acknowledged and from the further payment whereof the said William K. Lane will by these presents forever acquit release & discharge the Said James King his Executors Admin & assigns.  The said William K. Lane hath given granted bargained & sold & will by these presents give grant bargain & sell unto the Said James King his heirs and assigns forever two Lotts in the Town of Goldsboro & known in the plan of Said Town as No. 74 & 75 To have & to holds said lott with all and Singular the appurtenances thereunto belonging or in any wise appurtaning to him the said James King his heirs, & assigns forever & I the Said William K. Lane will Warrant & forever defend the right & title free & clear from the lawfull claims of all perosns whatsoever to him the Said James King his heirs & assigns forever

In testamony whereof I have hereunto set my hand & seal the day & year above written   /s/ Wm K Lane

Signed sealed & delivered in presense of us  Rufus Edmundson, O Coor

Wayne County May Term 1848 then was the above deed of sale from Wm K. Lane to Jas King duly moved in open court by the oath of Ollen Coor a subscribing witness & ordered to be made registered  /s/ Jno A Green Clk

Recorded in the Registers office of Wayne County the 9th of Aug’t 1848 is Liber V page 80   /s/R. Hooks, Reg’r

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December 7, 2012

They are bound to support their bastard children.

State v. John L. Lee, 29 NC 265 (1847).

On appeal from Craven County Superior Court, the issue in this case was whether John Lee, after having been tried and convicted of bastardy, could move to quash the proceedings against him on the grounds that Catharine Curtis, the mother of the child, was a woman of color and therefore incompetent to testify against a white man.  The verdict: too late.

State v.  Thomas Long, 31 NC 488 (1849).

On appeal from Martin County.  In May 1848, Lucinda Simpson, then pregnant, swore that the father of her child was Thomas Long. Long moved to dismiss proceedings against him on the grounds that Simpson was a woman of mixed blood within the fourth degree and therefore incompetent to give testimony against him.  The Court was satisfied that in fact she was of mixed blood and dismissed the case.  In October 1848, on Simpson’s oath, another warrant for the same pregnancy issued for Long.  These proceedings were dismissed based upon the earlier finding.  The Supreme Court held that the prior judgment was binding and the second case rightfully quashed and noted that the better course would have been an appeal. 

State v. Williamson Haithcock, 33 NC 32 (1850).

On appeal from Orange County.  Williamson Haithcock, an admitted free negro, was charged with bastardy by a white woman.  Haithcock’s counsel moved to quash on the grounds that bastardy laws did apply to such a case. The Supreme Court: “We are at a loss to conceive of any reason why the defendant should be exempted from the operation of the bastardy laws, merely because he is a free negro.  Free negroes are capable of holding property, they can sue and be sued, and are bound to support their bastard children, whether begotten a free white woman or free black woman.  They can set up no ‘exclusive privilege’ in this behalf.”

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December 6, 2012

Onslow County Apprentices, 1813-16.

Asa Hammonds was bound to Joseph Mitchell in 1813.

Asa Hammonds married Charlotte Jarman on 28 Oct 1817 in Onslow County. Joseph Mitchell was bondsman and Banister Lester, witness.  The 1820 census of L.R. Lands [Lower Richlands] district, Onslow County, lists an Asa Hammonds as the head of a household that comprised one male aged 26-45, one male under age 10, one female aged 16-26 and one female under age 10, all white.  The 1860 census of Lower South West district, Onslow County shows Asa Hammonds, 65, in the household of Calton Boon, 52, wife Catherine, 40, and children John, 6, and Elizabeth Boon, 4.

James Shepard was bound to Hill Williams in 1813.

John Waldron was bound to Edward Erwin in 1813.

James Shepard, son of Betsy Shepard, a white woman, was bound to John Johnston in 1814.

Joshua Whitehurst was bound to Whitehead Humphrey in 1816.

Frederick Potter was bound to Daniel Bradham in 1816.

In the 1850 census, of Tuckahoe, Jones County: Frederick Potter, 50, wife Laney, 58, plus Thursey Cummings, 26, and Lewis Cummings, 1, all mulatto.  Frederick Potter married Elany Cummings on 10 January 1835 in Duplin County.

Apprenticeship Records, Records of Onslow County, North Carolina State Archives; Onslow County Marriages, Register of Deeds, Onslow County; Duplin County Marriages, Register of Deeds, Duplin County; US population schedules.

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December 6, 2012

Petition to free a dutyful wife.

State of North Carolina, Northampton County court, June term 1801.

To the worshipful the Justices of said court, the humble petition Len Kenchen free Negroe humbly complaining Shewing that he the said Len, upwards to ten years ago, purchased of a Mr. Robert Armstead, of Scotland Neck, a negroe woman called Rebecca for the sum of £45 Virg Curcy, and which said negroe, your petr. Len, had as wife, upwards of 15 years previous to said purchase, and until the present day.  And your petr. further shews that he the said Len and the said Rebecca previous to said purchase and until this date has always behaved herself as a dutyful wife and as a faithful servant.  Your petitioner therefore prays your worships will agreeable to the spirit and meaning of the act of assembly in such case Made, liberate and set free the said Rebecca, and your petitioner as in duty bound will pray   /s/ J.H. Keys

Records of Slaves and Free Persons of Color, Northampton County Records, North Carolina State Archives.

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December 2, 2012

The first free colored person he recollects he ever saw.

State of North Carolina, Wayne County  } August the 3rd 1853

Jesse Martin after being Duly Sworn Deposeth & Says as follows (viz) that he has known Fariby Simons a free Woman of Color for the last Sixty or Sixty five years and was Raisd within one of Two Miles of hir She was the first free Colord person he Recolects Ever saw and She was Cald free Fariby in the Neighborhood the Deponant further Sais She the Said Fariby Simons Never was considered to be a Slave the Said Fariby Simons livd with William Burnham She & Burnham would have a fawling out at Some times & she thretend to leave him Said Burnham and they would have to Compremise to Keep hir from leaving but She was concidered By all knew his that She was free & has Remaind So to the present time further the Deponant Sayeth Not August the 3rd 1853 then was the above written certificate of Jesse Martin Sworn to & Subscribed to before me George Flowers JP     /s/ J Martin

Jesse Martin’s affidavit  Evidence of Phereby Simmons freedom Recorded Aug 6 1853

Records of Slaves and Free People of Color, Wayne County Miscellaneous Records, North Carolina State Archives.

This is one of four sworn statements by whites attesting to Fereby Simmons’ freedom. They were recorded in Docket Recording Book 11, p. 346, with this notation: “The following papers were presented to the court & permission asked to have them Registered & Recorded for the better security of the evidence therein contained, the court doth therefore grant said request, let them be recorded.”  Office of the Clerk of Superior Court, Wayne County Courthouse, Goldsboro.

 

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November 30, 2012

How Napoleon recouped.

In the 1850 census of the North Side of Neuse, Wayne County: Aaron Seaberry, 32, farmhand, wife Louisa [Eliza], Napoleon, Frances and Celia Seaberry.

On 18 Jan 1860, in Wayne County, Bryan Minshew sold Eliza Seaberry a certain parcel of land for $109.37, beginning at a stake “in the run of a small branch in the new road and runs with the run of the same to a small whortleberry” then to the stake, measuring 3 1/2 acres.  The parcel was conveyed in the presence of James M. Gardner and Martin Sauls, but the deed, found at Book 27, page 255, was not registered until 1862.

On 13 Feb 1867, Aaron Seaberry filed a mortgage deed conveying to Napoleon Hagins [his stepson, see above] a “tract of land lately conveyed by Bryant Minshew to Louisa Seabery, wife of Aaron, all interest therein, also one grey mare, four head of cattle, nine head of hogs, all household and kitchen furniture … and 12 barrels of corn, about one thousand two hundred pounds of fodder & about nine hundred pounds of pork, one wagon & cart,and all the farming implements of every description of the said Aaron Seaberry” for $500.  “The condition of this deed is such that whereas, the said Aaron Seaberry is justly endebted to the said Napoleon Hagins in the sum of one hundred & seventy dollars with interest from the first of February 1866, money paid by the said Hagins to William J. Exum for the said Seaberry and at his request and also the sum of two hundred dollars, loaned by the said Hagins to the said Seaberry, the precise date whereof is not remembered, but which the said Seaberry thinks was about eighteen months prior to the date hereof, and whereas the said Seaberry is justly indebted to the said William J. Exum as agent for J.M. Caho in the sum of thirty six dollars & twenty some cents, with interest from 1st January 1861 due by open account & also in the sum of sixty one dollars and thirty eight cents, due by note, the date of whereof is not now remembered by the said Seaberry, but supposed to have been given about two years ago…”  The deed carried a condition that Hagans sell the conveyed property to pay off Seaberry’s debts, with the balance to be paid to Seaberry.

 Federal population schedule; Deeds, Register of Deeds Office, Wayne County.
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November 28, 2012

Road work.

20 Nov 1822. Ordered that Arthur Martin be appointed overseer of the road from Bass’s old ferry to the Beaver dam & that the hands of Solomon Grantham, Bryan Pipkin, Henry Stanley Benson & Barna Burnett work thereon. 

Minute Docket 1820-23, Court of Pleas and Quarter Sessions, Records of Wayne County, North Carolina State Archives.

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November 25, 2012

Without consent or knowledge.

State of North Carolina, To the Sheriff of Onslow County — Greeting

Whereas James Barrow had by the Court of Pleas and quarter sessions for the county of Onslow some courts back had bound to him a certain child a person of Coulor by the name of Mary Hammond without the consent or knowledge of the mother of said child and where the said mother Serena Hammond hath made application for us to grant her a relief so as to have said child taken from said Barrow and bound unto some other person and we willing to do the premisis whatever seems right you are therefore commanded to make known to the said James Barrow to appear before our County Court to be held for the County of Onslow at the Court house in Onslow on the first Monday of August next then and there go Show Cause if any he has why said Indentur should not be recinded and herein fail not and have you then and there this writ

Witness Banester Clerk of our said at Court at Onslow the first Monday of May 1819 and in the 43rd year of American Independence           BANESTER LESTER CCC

Apprentice Records, Records of Onslow County, North Carolina State Archives.

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November 14, 2012

Caswell County Will Books: F.

At June court, 1809, Harvey Turner, child of colour, 4 years old the 25th of February last, bound to William V. Brown.

At April term, 1810, Nancy Owens, female infant of colour, 15 years old last September, bound to Daniel Hightower.

At April term, 1810, Hack Brown, boy of colour age 9 years the 6th of February last, bound to James Warren.

At August term, 1810, Jefferson Artis, free boy of colour of age of 3 years, bound to Peggy L. Nash.

At July term, 1812, Matilda Garrott, girl of colour, age 3 years the 4th of April last, bound to Danl. Darby.

At April term, 1814, Amy Phillips, girl of colour, age 2 years in September next, and Daniel Phillips, boy of colour, 4 years old the 22nd inst., bound to Joseph Knight.  Also, Frederick Phillips, boy of colour, age 6 years last March, and Dilcey Phillips, girl of colour, age 9 years next September, bound to Ellis Evans.

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November 13, 2012

Onslow County apprentices, 1812.

The following free children of color were appenticed in Onslow County in 1812:

Elisha, Peter, Carlton and unnamed Boon, children of Betsey Boon, to Nathaniel Loomis.

Elisha Boon and Calton Boon appear in the 1840 census of Onslow County, each heading households comprised of two free people of color.  In 1850, Calton Boon, 46, cooper, wife Kitty, 30, and daughter Clarrissa, 1 month, are listed in Lower South West district, Onslow County.  In 1860, in the same district, Calton Boon, 52, fisherman, wife Catharine, 40, children John, 6, and Elizabeth A., 4, and Asa Hammonds, 65, farmer.  Elisha Boon, 50, fisherman, appears by himself in Half Moon district, Onslow County.

Jim [no last name given] to Jesse Sandlyn.

Mary Hammons to Cader Cooper.

Susannah Hammons to Hester Willey.

Apprenticeship Records, Onslow County Records, North Carolina State Archives.

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