Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Court Actions

Criminal conversation with a negro man.

Elizabeth Walters v. Clement H. Jordan, 34 NC 170 (1851).

Elizabeth Walters petitioned for a year’s allowance out of the estate of her late husband, Hardy Walters, who died intestate. Hardy “seduced” Elizabeth and “lived in adultery” with her before marrying her.  Both were white.  After the marriage, Elizabeth “had criminal conversation with a negro man” and got pregnant. Hardy ordered her to leave his home.  She did, but, with his permission, moved into another house on his property. There she gave birth to a mulatto child.  Hardy died soon after.

“Whatever cause this woman may have given her husband for taking steps to have the marriage dissolved, and thereby protect his estate from her claims. it is sufficient for this case, that he did not such thing, but did leave her as his widow and under no bar to her claims, as such, on his property.”

A faithfull & good servant.

ImageTo the Worshipfull County Court of Wayne

The petition of William Newsom humbly represents to your Worships that he is owner of a Negro man called Charles who has always conducted & demeaned himself as a faithfull & good servant who your petitioner is anxious to emancipate & intitle to the privileges of a free Citizen, he therefore prays your Worships to take the Case into consideration & do what appears to you right & proper & your petitioner will ever pray       William X Newsom

J.B.H. Martin

This undated petition is found among Wayne County Records of Slaves and Free Persons of Color, North Carolina State Archives.

He sold Betsy, well knowing she was free.

State of North Carolina  }    Superior Court of Law

Wayne County             }    Spring Term 1837

The Jurors for the State upon their oath present, that Farnifold Jernigan, late of the County of Wayne, and State of North Carolina, on the first day of March, in the year of our Lord one thousand eight hundred and thirty six, at and in the County aforesaid, one free negro, by the name of Betsy Dinkins, unlawfully did sell to one Robert Daniel, said Jernigan knowing the said Betsy Dinkins to be free, contrary to the form of the Statute, in such case made and provided and against the peace and dignity of the State.

And the Jurors aforesaid upon their oath aforesaid do further present, that Farnifold Jernigan, late of the County of Wayne, and State aforesaid, on the first day of March, in the year of our Lord, one thousand eight hundred and thirty six, at and in the county aforesaid, unlawfully, did sell one Betsy Dinkins, a person of mixed blood, to one Robert Daniel, the said Betsy Dinkins, then and there being free, and the said Farnifold Jernigan, well knowing that the said Betsy Dinkins was free, contrary to the form of the Statute, in such case made and provided, and against the peace and dignity of the State.

And the Jurors aforesaid upon their oath aforesaid do further present, that Farnifold Jernigan, late of the County of Wayne, and State aforesaid, on the first day of March, in the year of our Lord, one thousand eight hundred and thirty six, at and in the county aforesaid, unlawfully, did sell one Betsy Dinkins, a person of mixed blood, (daughter of one Sally Dinkins a white woman) to one Robert Daniel of said county, the said Farnifold Jernigan, knowing the said Betsy Dinkins to be free, contrary to the form of the Statute, in such case made and provided, and against the peace and dignity of the State.

And the Jurors aforesaid upon their oath aforesaid do further present, that Farnifold Jernigan, late of Wayne County and State aforesaid, on the first day of March, in the year of our Lord, one thousand eight hundred and thirty six, at and in the county and state aforesaid, unlawfully, did sell one Betsy Dinkins, then and there a person of mixed blood, to one Robert Daniel, for the price of fifty dollars, the said Betsy Dinkins, then and there being free, and the said Farnifold Jernigan, knowing that the said Betsy to be free, contrary to the form of the Statute, in such case made and provided and against the peace and dignity of the State.     /s/ Edw. Banly Solicitor

In 1834, Furnifold Jernigan and David Cole were charged in Wayne County Superior Court with taking Kilby O’Quinn from Wayne to Bladen County for “their own use.” In 1837, Jernigan was indicted for selling Betsy Dinkins. In that three-year period, Jernigan and at least four co-defendants appeared on the Wayne County docket ten times on charges of selling free negroes, but never vent to trial. Despite Jernigan’s notoriety (he had fourteen other unrelated court appearances in the same period,) the state’s solicitor in the Dinkins case was compelled to complain to the judge that “the defendant by the influence of several men of standing … has …  so many of the Court yard, in his favor, that it would be amere mockery to enter upon this trial in Wayne.” The case was ordered removed to Greene County, but never appeared on the docket there. In 1850, Jernigan, still living in Wayne, owned $5000 in farmland and 43 slaves. Minutes of the Superior Court of Wayne County, Spring Term, 1834, and Minutes of the Superior Court of Wayne County, Spring Term, 1837, Records of Wayne County, NCSA; State Docket, Superior Court of Wayne County, vol. 1, 1834-1843, Records of Wayne County, NCSA;Petition from Edward Banly to Superior Court, April 6, 1837,Box 4, Records Concerning Slaves and Free Persons of Color, Records of Wayne County, NCSA.

Onslow County apprentices, 1811.

The following free children of color were apprenticed in Onslow County in 1811:

Joshua White, son of Elizabeth White, to Henry Horn.

Joshua White to Robert Wallace.

Durand Henderson, son of Nancy Henderson, to Henry Hyde.

Oma and Elijah White to Eli Cox.

Sukey Henderson to Richard Trott.

Naomi Henderson to Adam Trott.

James [no last name] to William Paradis.

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

Application for Guardianship.

Image

Application filed by Adam T. Artis in 1872 for guardianship of his minor children Augustus Kerney, Noah and Mary Jane Artis.  Their mother, Lucinda Jones Artis, died circa 1860, and they inherited her share of the estate of her father Jacob Ing, who died in 1870.  See earlier post.  Gus Artis, born about 1857, migrated to Arkansas, where he died in 1921.  Noah Artis was born in 1856, married Patience Mozingo, and died in 1952 in Wilson NC.  Mary Jane, born 1859, married Henry Artis and died after 1900.

In the 1860 census of Davis district, Wayne County, Adam Artis, 30, appears with children Kerney, 4, Noah, 2, and Mary J, 1, plus Jane Artis, 26 (who was his sister), and a one month-old infant.

Estate Records, Records of Wayne County, North Carolina State Archives; 1860 federal population schedule.

No cards, dice or fornication.

State of North Carolina    This indenture Witnesseth that Edward Upton & Jane his wife of the County of Caswell hath put her son William Long a Mulato and by these presents doth Voluntary and of their own Accord and free will put him an apprentice to Samuel Brackin of the same County his Heirs and Assigns forever, to learn his Trade or Mistery and after the Manner of an Apprentice to Juse him from the day of the date Hereof untill he arives to the age of Twenty one years. During all which time the said apprentice his said Master faithfully shall Serve his Secrets keep his lawfull command & every whim obey, he Shall do no Damage to his said Master, nor See it be done by Others without letting or giving notice thereof to his said Master. He Shall not waste the said Masters goods, nor lend them Unlawfully to any, he shall not Commit Fornication nor contract Matrimony during the said time, at Cards, dice or any other unlawfull games he shall not play whereby his master may be Damaged with his own goods nor the goods of Others during the said time without licence from his said Master He shall not absent himself day nor night might from his said Masters Service without his leave nor haunt Ale houses, taverns or play houses but in all things behave himself as a faithfull apprentice ought to during the said time.  And the said Master shall use the Utmost  of his Endeavours to teach or cause to be taught or Instructed the said Apprentice in the Trade of Mistery he now Followeth, and Procure or Provide for him Suficient Meat Drink Appearl and Washing fitting for an apprentice during the said time – And for the due Performance of all and every the said Covenants and agreements Either of the said Parties bind themselves unto the Other by these Presents, In Witness whereof They have interchangably Put their hands & seals this Second day of August Ano Dom 1783 and in the Eighth year of American Independence.   Edwd X Upton  Jane X Upton

N.B. The above mentioned child was Born August 1st 1781.

Witness Thomas Brookes Thomas Rice

Memorandum that I the within named Saml. Brackin is to Give the within bound William Long one years Schooling and at the Expiration of his time Two Suits of Cloaths one ax one Mattock, Witness & date as within           Saml. Brackin

Test – Thomas Brookes  Thos. Rice

August Term, 1783, Minutes of Court of Pleas and Quarter Sessions, Caswell County, North Carolina State Archives.

Caswell County Will Books: E

At February court, 1804, Lewis Watkins, base born of colour now 2 years and one month old, bound to Daniel Clam.

At February court, 1804, Free Robin Watkins listed among buyers at the second sale of the estate of John Lea on 16 November 1803.

At April court 1805, David Hutson, male child of colour, one year old August next, bound to William Cantrell.  Betsey Hutson, a child of colour, 3 years August next, bound to William Cantrell.

At February court 1806, Joseph Bracken hath petitioned the court that negro slave named Arnes, property of Bracken, may be liberated and become free.  Should Arnes ever become chargeable to the county, said obligation should be voided.

At April court 1806, Mourning Gillaspy girl of colour age 17 years the last day of March last bound to Jacob Ahart.

At July court 1806, Betsy Watkins, age 2 years last September, and Lewis Watkins, age 5 years last March, children of colour, bound to Christopher Dameron. 

At August court 1806, Christopher Dameron Sen. not to remove two free children of colour, Lewis and Betsy Watkins, from Caswell County and should deliver them to Court when they arrive at age.

At January court 1807, Cornelius Willson, male child of colour 4 years old last February, bound to Edward Swann. 

At January court 1807, John Freeman, a free black man of Caswell County indebted to Durett Richards and Josiah Samuel, obliges to serve Richards for a term of 6 years.  Witness: William Yates Jun., John Hall, Ambrose Britt. 11 Dec 1806.

At January court 1808, Lewis Watkins, 7 years old, and Betsy Watkins, 3 years old, orphans of colour, bound to Gregory Hightower.  Also, Edmund McCubbins, orphan of colour, 14 years old next July, bound to Benjamin C. West.

A dutyful wife and faithful servant.

State of North Carolina Northampton County court, June term 1801.  To the worshipful the Justices of said court, the humble petitioner Len Kenchen free negroe humbly complaining Sheweth 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 money, and which said negroe, your petr Len, had as wife, upwards of 15 years previous to said purchase, and until this present day.  And your petr. further shews that he the said Len and the said Rebecca are old and infirm, and that 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 worship, will, agreeable to the spirit and meaning of the act of assembly in such case make, liberate and set free the said Rebecca, and your petitioner as in duty bound will pray.    J.H. [Keys?]

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

It is her wish and desire that her children should leave the state.

State of North Carolina, Onslow County }

Court of Pleas & Quarter Sessions, March Term 1860

To the Worshipful, the Justices of Said Court: The petition of Omar White, humbly complaining, showeth unto your Worships that she is a free woman of color: that her Mother, Elizabeth White was born a free person of color in the County of Pitt of the State of aforesaid and removed to this the county and state aforesaid when your petitioner was born, raised and has always resided.  Your petitioner further showeth to your Worships that she is now about sixty years, is at present residing where she has resided with her family, which is numerous, for the last twelve years on the premises of of Basil M. Barry, Esquire, and with his permission: that she is the mother of thirteen children and has [blank] grandchildren, all of whom, under the age of twenty-one years, respectively. Your petitioner further showeth that, after her said children shall have attained the age of twenty one aforesaid and shall have fulfilled all the requirements of the law in such cases made and provided for Apprentices, it is her wish and desire that they shall remove from the state aforesaid and settle in a free state.  Your petitioner further showeth unto your worships that the facts set forth in this her petition are in the knowledge of many persons now living and such knowledge is the only evidence of her freedom: that she is growing old and her witnesses are also much advanced in years: that by the time he said children shall have reached the age of twenty one aforesaid, when they shall be free to emigrate from the state aforesaid, it may not be in their power to show the facts herein set forth.

To the end therefore that such testimony may be perpetuated and become a part of the record of this Worshipful Court, your petitioner humbly prays your Worships for permission for a rule to take such depositions as may be necessary to sustain the allegations set forth in this her petition.  And your petitioner humbly begs your Worships for further and such other relief as your Worships may deem necessary and proper.

And your petitioner as in duty bound shall ever humbly pray etc.    L.W. Humphrey, Attorney for Pet.

Elizabeth “Betsey” Whitehurst’s children were apprenticed extensively in Onslow County — Omy [Naomi, also called Oma, and the petitioner here] in 1806, 1811, 1818, 1819; Joshua in 1806, twice in 1811, 1816, 1818 ; Elijah in 1811; Esther in 1813 and 1830; Ann, Bill and Edward in 1817 and 1827; and Morris in 1827.  Their last name appeared as White, Whiters and Whitehurst.  See Apprentice Records, Wayne County, North Carolina State Archives.  She is probably the “Betsey Free” listed in the 1820 census of South Richlands district, Onslow County, with a household comprising four people of color.  In the 1830 census of Onslow County, she is Betsey Whitehurst with a household of seven.  In the 1850 census, she is listed in her son Edward White’s household in Cypress Creek, Jones County.

Omy White’s children also cycled through Onslow County Court as apprentices — Betsy Jane in 1827, 1835, 1839; Nancy in 1827; Sarah in 1834; Lindey in 1834; Elijah in 1835; Linda and Jack in 1844;  Edward “Ned,” Esther and Robert “Bob” in 1844 and 1849; Naomi in 1844; and Alfred in 1849.  In the 1850 census of Half Moon district, Onslow County, Omy “Ward” and four children are listed in one household (headed by B.M. Barry, a lawyer) and son Jack is in another. 

Onslow County apprentices, 1810.

The following free children of color were apprenticed in Onslow County in 1810:

Charles, Nancy and Ezekiel Chance, children of Charity Chance, to Williams Cox.

Thomas Corbett to Hardy Gregory.

Elisha, son of  Sall [no last name] to James Orril.

Rachel, Sam, Billy, Harriet and Polly Smith, children of Margaret Smith, to John Ballard.

George, son of Hannah, [no last name] to William Murrell. Father a slave of Murrell.

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