Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Court Actions

A settlement about his wife and children.

Witness: Love McDaniel

On the 30th March 1860 I was in Goldsboro with Henry Simmons. I accompanied by Simmons called upon William B. Fields for Simmons and told him that Henry Simmons had come there to have a settlement with him about his Wife & children according to their bargain & that he Simmons had the money to pay up what he owed him, when he told me to mind my own business & then left me. This was on Friday night. On the next day upon some information received by me myself & Henry Simmons attended at the Office of Wm T Dortch in Company with George B Strong Attorney for Simmons. This meeting was for the Purpose of a Compromise but we could not do so. Fields presenting and account which was Considered on the Part of those acting for Simmons as extravagant & outrageous for the Keeping of Jenny & her children making his claim to amount of $2300,00 The account being objected to he Fields offered to take $2200.00 and refusing to take anything less. Simmons through his attorney Mr Strong offered to Pay Fields $1800.00 which he refused to take. Mr. Strong then offered to Pay $1900.00 in Cash & the amount of Simmons account against Fields in addition on One part of Simmons stating that had the money and offered to pay it & I know the fact that he had the money present at the time. This Fields refused and swore that would not take less than $2200.00. I had no interest in the negroes except to befriend Simmons and had no secret understanding with him that I was to own the negroes nor did I then nor do I now desire to own any of them. I know Henry Simmons to be a good Carpenter having employed him to build a house for me and employed him at the recommendation of Wm B Fields who said he was a smart good Workman. Simmons was in my empoyment at teh time I went to Goldsboro & went at his request to take charge of his money & have a proper settlement made with Fields for the negroes. 

Cross Examined by Defendant

Did you hear Simmons admit in a conversation in Mr Dortch’s office that he had taken back from Mr Fields one hundred Dollars in small notes which were insolvent for which he had given Fields in Part Payment

Answer — I have no distinct recollection about it.  Question 2 — Was any money exhibited to Fields in this conbversation of which you speak in your examination in chief.  Answer Mr. Strong had it in his pocket & put his hand & his breast pocket & told Fields the money was there for him but did not show it. I know that Strong had it in his pocket. The money was Bank Rolls on different banks in ther State.    /s/ Love McDaniel

Sworn & Subscribed  W.A. Haskin(?) Clk & Mast

This affidavit was filed in support of the plaintiff in the bill of complaint of Henry Simmons, a free man of color of Cumberland County, against William B. Fields of Wayne County alleging that Fields had purchased for $1500 from the estate of L. Dortch slaves Jenny and her children Jane, Mary and Charles, who were Simmons’ wife and children. Fields allegedly agreed to convey the slaves to Simmons when Simmons repaid the purchase money, plus interest, but refused to turn them over when Simmons presented his cash. Documents in the file of Records of Slaves and Free Persons of Color, Wayne County Records, North Carolina State Archives. 

Two trials.

Superior Court. – On Thursday, the 7th instant. Negro Ephraim, the property of Dr. Simmons J. Baker, of Martin county, was tried before the Superior Court of this county, for killing Francis W. Anderson, a free boy of color, by throwing at, and striking him on the head with a stone, which occasioned his death, after lingering a few days. He was convicted of manslaughter, and sentenced to receive 39 lashes.

On the following day, the trial of a young man, of mixed blood, though, to all appearance, a white man, & having a white woman for his wife, charged with attempting to commit a rape upon a white girl of about 12 years of age, took place. The jury retired about eight o’clock in the evening, and, in three of four minutes after, returned with a verdict of Not Guilty.

The North Carolina Star (Raleigh), 15 April 1825.

Interesting cases.

STOKES COUNTY COURT.

… On Wednesday there was a case which excited considerable interest, the case of the State vs. Enoch Going. The State was represented by Mr. Solicitor Masten, and Going was defended by J.R. McLean and A.H. Joyce, Esquires. This was an indictment against the said defendant, who was charged in the bill as being a free negro, for migrating into this State from Virginia, contrary to our Act of Assembly. The defendant, through his counsel, denied that he is a free negro, and alleged that he is of Indian extraction. The Jury, on the testimony before them, acquitted him.

On the same day, Rowan Stewart and Harston Stewart, free negroes and brothers, were arraigned on a charge of having gambled with a slave, Calvin, the property of Alexander Martin. The State was assisted by J.R. McLean, Esq., and Mr. Morehead appeared for the defendants. The testimony showed that the free negroes and slaves played at a game of cards on the Sabbath day and directly on the side of a public road; that the three had liquor and were drinking; and that, after they were discovered by the witness, much abusive language passed between them, and that this ended in a fight. It was an aggravated case. The defendants submitted to a verdict of guilty and endeavored to beg; but the court, and very properly too, sentenced them to thirty-nine lashes each, a fine of $20 a piece,and to be hired out for the cost and fines, if not secured. These, however, were secured.

The Greensboro Times, 24 March 1860.

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In the 1850 census of Stokes County, Harston Stewart, 15, in the household of white farmer Hugh Martin.

The wheel had passed upon his neck.

Inquest. — On Friday last, Mr. Frederick Moore, Coroner, held an inquest on the body of a free colored man named William Blalock, of Robeson County, who was found dead on the evening previous, about four miles from town on the Rockfish Factory Road. It appeared that he had fallen from his cart in a state of intoxication, and that the wheel had passed upon his neck, and whilst in that position the ox stopped, leaving the wheel resting on his neck. Verdict accordingly. — Fayetteville Obs.

The Greensboro Patriot, 9 December 1843.

Sold for the crime of immigration.

On Monday last, we witnessed the novel spectacle of selling a free negro, Howell Thomas, who was condemned at our last Court, to be sold for ten years, for the “crime” of emigrating to this State from “old Figinny,” was put up to the highest bidder, according to law, and was knocked down at the moderate price of fifty-two dollars – “dog cheap!” – Oxford Exam.

North Carolina Free Press (Halifax), 19 June 1832.

They were sold for his debts.

SALE OF NEGROES.

A public sale of negroes took place in this town at the Court House steps on Saturday last, of which the following is an account.

Negro woman, aged 25 with two young children brought 883.

Negro girl, aged, 16, brought $711

Negro girl, aged 22,   “             808

Negro boy, aged 22, “              817

The first three were purchased by Dr. Dortch of Stantonsburg, the fourth by Mr. John Davis, of Lenoir and the fifth by Mr. Fourney Jernigan of Wayne. They were the children of a free negro by the name of Adam Wynne, who had purchased their mother, his wife, previous to their birth. – They were consequently his slaves and he having become involved, they were sold for his debts. – Goldsboro Tel.

The North-Carolina State (Raleigh), 17 March 1852.

[Sidenote: These four were not the first or last of Adam Wynn’s children to be sold to pay off his debts. — LYH]

Bodysnatchers and common thieves.

At the Superior Court of Wake county, Lockley, a free man of color, implicated in the charge of disinterring a dead body for the purpose of obtaining the teeth, was tried, found guilty, and sentenced to three months imprisonment. The principal offender has not been found.

Salisbury, a free boy of color, was convicted of grand larceny, and sentenced to receive forty lashes.

Hillsborough Recorder, 16 April 1828.

He complained of being unwell.

Law. – …

We understand that Joel Mitchell, a free negro, who was arraigned at the last Halifax Superior Court for the murder of Miles Ralph another free negro, and who had his cause removed to Warren county, was attempted to be brought to trial at the Superior Court held for that county last week. On his way to the Court-house Mitchell complained of being unwell, and was suffered to take a seat in the Court-house yard – medical aid was immediately procured, but it was ineffectual, the prisoner breathing his last in a few minutes – he was much debilitated, having been severely indisposed during his confinement; and it is supposed that the alarm attendant upon the situation in which he was unhappily placed, hastened his dissolution.

North Carolina Free Press (Halifax), 27 October 1827.

Docket report.

Edgecombe Superior Court.

Griffin Stewart, a free negro, charged with the murder of Penny Anderson, was removed on his own affidavit to Nash county, to be tried on Wednesday next.

Alfred Hagans, a free negro, charged with a rape on a white woman, removed on his own affidavit to the Superior Court of Wayne county, to be held on the 1st Monday of April.

Malachi Anderson, a free negro, charged with grand larceny, moved likewise to Wayne, on his own affidavit.

Tarboro’ Press, 17 March 1849.

Sold to servitude for idleness and dissipation.

Law. – The Court of Pleas and Quarter Sessions for Edgecombe county held its sittings in this place last week. No case of public interest was tried, excepting that of Allen Morgan, a free negro, who was condemned and sold to servitude for one year, under the act of 1826, requiring free negros who are spending their time in idleless and dissipation, to give bond for the industrious and peaceable deportment for one year, or be hired out for a term of service not exceeding three years.

North Carolina Free Press (Halifax), 5 September 1828.