Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Court Actions

20 dollars for his head.

State of North Carolina, Craven County, ss.

By RICHARD ELLIS, and WILLIAM TISDALE, Esquires, two of the Justices for the said County.

NEWBERN, June 27, 1777.

WHEREAS complaint hath been made to us, by James Davis, that a negro fellow named SMART, very black, about 5 feet 8 inches high, well made, and very likely, speaks broken English, but very artful and insinuateing, is run away, and is supposed to be lurking about committing many acts of felony.

These are therefore to command the said slave forthwith to surrender himself, and return home to his said Master. And we do also require the Sheriff of the said County to make diligent search and pursuit after the said slave, and him having found, to apprehend and secure, so that he may be conveyed to his said Master, or otherwise discharged as the law directs. And the said sheriff is hereby empowered to raise and take with him such power of his County that he shall think fit, for apprehending the said slave. And we do hereby, by virtue of an act of assembly of this state concerning servants and slaves, intimate and declare, if the said slave doth not surrender himself, and return home, immediately after the publication of these presents, that then any person may kill or destroy the said slave, by such means as he or they may think fit, without accusation or impeachment of any crime or offence for so doing, or without incurring any penalty or forfeiture thereby. RICHARD ELMS, WILLIAM TISDALE.

N.B. ‘Tis supposed he is harboured about South River, by one Abel Carter, a free negro, as he has been seen there several times. I will give fifty dollars if delivered to me at Green Springs, or 20 dollars for his head. JAMES DAVIS.

The North Carolina Weekly Gazette (New Bern), 14 November 1778.

Daniel Artis’ will and estate.

Daniel Artis was born about 1820, probably in Greene County, and died in early 1905. He married an enslaved woman (or women) whose name is unknown, and his children were born in slavery. Daniel recorded two wills in short succession in Greene County. The first, dated 15 January 1905, was recorded in Will Book 1 at page 514; the second, dated two days later, at page 524. The legatees are the same, but the gifts are packaged differently:

Item 1. Page 514 — to daughter Clary Edwards, wife of Henry Edwards, his interest valued at $172 in the tract of land on which Clary and Henry live. The tract was purchased from Debro Cobb with money advanced from Henry Artis. If $172 is more than the other’s children’s share, Clary is to make them even, and vice versa. Page 524 — to daughter Clara Edwards, wife of Henry Edwards, his interest valued at $172 in the tract of land purchased from Debro Cobb. His agreement with Henry Edwards has not been recorded.

Item 2. Page 514 — to son Henry Artis, 1/4 interest in his real estate. Page 524 — to son Henry Artis, 40 acres, including the house in which Daniel then lived.

Item 3. Page 514 — to the children of his son Lodrick Artis (Anna Randolph, Frank Artis, Lula Forbes, Madison Artis, Marcellus Artis, Ernest Artis, Dicey Batts and Hannah Artis) 1/4 of his estate. Page 524 — to the children of Lodrick Artis and his wife Mandy, 40 acres (land Lodrick resided on at the time of his death) and all buildings thereon.

Item 4. Page 514 — to the children of his daughter Prior An Thompson (Isaac Sauls, C.D. Sauls, Maria Edwards and Clara Lane), 1/4 of his estate. Page 524 — to Prior An Thompson’s children and their heirs, 40 acres that Willis Thompson lives on.

Item 5. Page 514 — $50 to daughter Mariah Swinson, wife of Jesse Swinson, to be paid from the shares of the others in the amount of $12.50 each. Page 524 — a committee to be appointed to assess value of shares and make Clara Edwards’ share equal to the others, difference to be paid within seven years.

Item 6. Page 514 — none. Page 524 — Each lot to be taxed $12.50 to pay daughter Mariah Swinson, wife of Jesse Swinson.

Grandson Isaac Sauls was appointed executor in both, Daniel Artis signed each with an X, and both were proved on 21 March 1905.

Whatever his intent at clarification, things did not go well with Daniel’s estate. A Notice of Sale ran four weeks from December 1923-January 1924 in the Greene County weekly The Standard-Laconic announcing the sale of “a certain tract or parcel of land devised to Henry Artis by Daniel Artis by his last will and testament, … containing 40 acres.” The sale was advertised pursuant to a judgment in Greene County Superior Court in the matter of Frances Hall; Bennett Hall; Bessie Woodard, infant; and Alice Woodard, infant, by their next friend Amos Woodard v. J. Settle Artis and Roumania Artis. Settle Artis, who was Henry Artis’ son, had purchased the parcel at a courthouse sale the previous July. Frances and Bennett Hall were Settle’s sister and brother-in-law, and Amos Woodard was another brother-in-law, widower of Settle’s sister Dillie.

The next suit over Daniel’s estate — filed in 1930 — was Isaac Sauls; Walter Sauls; Luby Sauls; Edward Sauls; Hattie Speight and her husband Walter Speight; Mariah Thompson; Lillie May Sauls, minor, George Sauls, minor, Sarah Sauls, minor, Lillie Lee Sauls, minor, Walter Sauls, minor, appearing by their next friend, Luby Sauls; and Nettie Sauls; Henry B. Lane; Lillie Maud Best and her husband Alex Best; John H. Lane and Carrie D. Lane, a minor, children and heirs at law of Clara Thompson; Penny Edwards, Silas Edwards, Prior Edwards and the Henry Pettaway children as follows: Hadie Pettaway, minor, Willie Harrison Pettaway, Georgia May Pettaway, minor, Minnie Clyde Pettaway, minor, grandchildren of Mariah Edwards, by their next friend Henry Pettaway v. C.D. Sauls and Duffrey Edwards. In other words, a fight among the heirs of Daniel’s daughter Prior Ann Artis Sauls Thompson. The crux of the matter is set out in paragraph 10:

10. That the plaintiffs, heirs at law of Isaac Sauls, Mariah Edwards and Clara Thompson are the owners of three fifths of the land devised by Daniel Artis in Item 4 of his will to the children of his daughter Prior Ann and are entitled to have the defendant Cain D. Sauls declared to have the same held in trust for them and are entitled to an accounting of the rents and profits of the same from the date of his purchase in 1908.

Instead, they alleged, C.D. Sauls had been keeping hundreds of dollars of rent for himself and, in 1928, had sold the parcel to Duffrey Edwards for $3000, with full knowledge by Edwards that Sauls was trustee for his relatives. C.D. denied all, of course. In 1937, his daughter and son-in-law, Willie Sauls Burgess and W.D. Burgess, were added as defendants after C.D. and his wife Ada allegedly tried to fraudulently transfer the disputed property to her. In 1939, the clerk of court entered a non-suit judgment noting that the parties had reached an amicable settlement. No details were included. The matter was over.

Much credit is due.

ATTEMPTED ABDUCTION OF A SLAVE.

The Schr. Dolphin, Samuel Salyear master of this port, left here 15 days ago bound for New York. Shortly after leaving the bar, the cook, James Corbell, a free colored man, seeing one of the crew, a colored man, frequently carrying water down the hold, suspected something was wrong and communicated his suspicions to the captain, who ordered the mate to make search; who on examination found a slave man secreted in the hold, named Edward, belonging to the estate of the late Mrs. Elizabeth Justice of this town. The boy had been concealed on board through the agency of two free colored men, Tom Fortune and Furny Moore, two of the crew. The captain immediately put into Norfolk Va., where the Dolphin arrived on the 10th instant. The captain immediately brought the case before the Mayor, and upon examination Edward was committed to jail to await the requisition of his owner, and Fortune and Moore were committed for trial for the abduction of the slave. Their trial of course must take place here, and the Governor of our State will demand them from the State of Virginia, Much credit is due the captain and the cook for their promptness in this matter. The above particulars we gather mostly from the Norfolk Herald of the 12th instant.   Newbernian.

The North-Carolina Star (Raleigh), 28 July 1847.

——

SUPERIOR COURT.

The fall term of Superior Court for this county was held last week. The most important case tried was that of a free negro sailor, Tom Fortune, for his life, charged with aiding a slave to escape into a free state. The slave was discovered in the hold of the vessel after she had got to sea, when the Captain put into Norfolk and lodged in jail the slave and the negros suspected of assisting him to escape. The jury returned a verdict of not guilty, the testimony not being sufficient to prove that he knew the slave was on board until he was discovered at sea. Messrs. Stevenson and Sparrow were employed on the defence.

Eastern Carolina Republican (New Bern), 3 November 1847.

Duplin County Apprentices, 1853-54.

At January Term 1853, Sarah Rouse was bound to John D. Abernethy.

At October Term 1853, Matilda Rouse, age 10, was bound to John B. Hussey, and James C. Burnett, age 5, and Caleb W. Burnett, age 3, were bound to William M. Bowden.

At January Term 1854, Betsey Rouse, age 4, and Mary Rouse, age 3, were bound to Calvin Jernigan.

At October Term 1854, Mary S. Aldridge, “mulatto girl,” was bound to John W. Chambers.

In the 1850 census of Duplin County, in the household of white farmer James Maxwell, Matilda, 7, and Sarah Rouse, 5, both mulatto. Nearby, Eliza Rouse, 27, and son Samuel, 1, both mulatto, in the household of white farmer James Tucker.

In the 1850 census, North Side of the Neuse, Wayne County: Mary, 48, Sarah, 26, Mary, 4, James, 2, Charles, 20, Churchill, 22, and William Burnett, 24.

Minutes, Court of Pleas and Quarter Sessions, Court Records, Duplin County Records, North Carolina State Archives.

Release him from any further cull.

It appearing to the satisfaction of the Court that Noah Mitchel a free person of color is a blacksmith by trade and without his services the farming interests of the County must be materially impaired. It is therefore ordered by the Court that the proper authorities be requested to release him from any further cull of the free negroes from the County to perform labor for the Government. [15 February 1864]

Minutes, Superior Court of Sampson County.

Her mulatto child was nursed by a negro woman.

The Petition of John Chambers of Haywood County Humbly Sureth Your Honerable Body that about the first day of February, that a certain Theophilus Oneal who emigrated from Johnson County in this State to this Haywood County. And that after some acquaintance with the family of Mr. Theophilus Oneal Your Petitioner Maried his daughter Riney. But in Abouts two Weeks after marriage your petitioners Wife was charged With having been delivered of a Molatto Child which was Nused by a Negro Woman of the said Theophilus Oneals the Father inlaw of the Petitioner. After being Charged with the above crime, the family has since the Mariage Confessed the fact. After which time your Petitioner carried his wife Riney to her father and has never lived with her since. Your Petitioner is a poor young Man but Wish to Conduct him self in such a manner so as to render himself Respectable, as this petition May Want form, Gramar, and eloquence yet there is one thing he feels himself weel assured of that is the correctness of his Narative he therefore wish your honerable Body to take his case into serious consideration and pass a law to annul the Marriage of your unfortunate Petitioner, And in duty bound he Will ever pray, your petitioner think it needless to have paper crowded with Names he therefore Contents himself with having a few of the respectable part of his neighbours or county men placed on the petition.

——

The Committee on Divorce & Alimony to whom was before the Petition of John Chambers of Haywood County, have had the same under consideration and ask him to report; Your committe find that the said John Chambers intermarried with Riney ONeal the daughter of Theophilus ONeal, who was emigrated from the County of Johnson to the County of Haywood three or four years since, and that some short time afterward, the said Chambers discovered, and it appears to your committee in proof likewise, that it was the common talk previous to their removal from the County fo Johnson, and has been, subsequently acknowledged by the family that the said Riney (previously to her removal) had been delivered of a mulatto child; And it appears further to your Committe that as soon as the Petioner the said John Cahmbers had ascertained this fact, he returned or carried his wife to her parents, & with whom and himself  there has been no fellowship since __ Your Committe aware of the importance of rendering indi[illegible]ible teh marriage contract, and of that demoralizing tendency which a seperation under any circumstances produces, are yet of an opinion, that the prayer of the Petitioner in this Case should be granted, and therefore recommended the passage of the accompaning bill. All which is respectfully submitted.  /s/ J.G.A. Williamson, Ch. of the Com.

General Assembly Session Records, November 1825-January 1826, Box 4, North Carolina State Archives.

She has actually performed some surprising cures.

To the worshipfull Court of Perquimans

we the Subscribers pray your worships that Negro Phillises freedom may be Established for Merritorious Services by the Court

She first being Purchased by her Husband Doctor Tom & actually paid for also being verry Serviceable in the neighbourhood both as a Midwife and Doctress & has acktually Performed Some Surpriseing Cures, & we your Petitioners as in Dutty Bound Shall Ever pray Feb’ry 1797

/s/ Fra’s Newby, Jas. Summer, Robert Whedbee, Joab Kinyon, John Miller, William Barclift, Joseph Perisher, Seth Whidbee, Sam’l Whidbee, Geo. Sutton, Tho’s Whedbee, Wm. Whidbee.

Slave Records, Pasquotank County Records, North Carolina State Archives.

He had no marks of violence on his body.

State of North Carolina, Nash County }

An Iquisition indented taken near Mr. Rickes in the said county of Nash on the 29 day of Dec’r A.D. 1838 before A.B. Baines coroner of and in the said county upon the mein of the body of Jams Locust then and there lying dead upon the oaths of Marmaduke Ricks Gideon Stricklen William Cone Saml Wester Griffin Bird Ruben Stricklen George R. Bell Isaac Stricklen Jos. Barnes Richrd H. Dorzier Jerry Perry Merida Whitley good and Lawful men of the county aforesaid who being sworn and charged to engain on the part of the State aforesaid, when, where, how, and often what manner the Said James Locust came to his death do say upon there oath that the said Jas. Locust on the 29 day of Dec’r A.D. 1838 in the county aforesaid to wit in the publick road leading from Raleigh to Tarborough near one Marmaduke Ricks was found dead that he had no marks of violence on his body and died by being intoxicated with spirituous liquors and being unable to escape from the rain and snow [illegible] and by reason of the same died witness where of as well the afore said coroner as the Jury afore said have to this Inquesition put their seals, on the day and date first above written at the place aforesaid

[Signatures of coroner and committee omitted.]

From the file of James Locust, Nash County, North Carolina Estate Files 1663-1979, https://familysearch.org. Original, North Carolina State Archives.

The murder of one Dick Jones.

To His Excellency John M. Morehead, Governor of the State of North Carolina

The Petition of the undersigned respectfully shew unto your Excellency that at the Fall Term 1842 of the Superior Court of Law for the County of Green an Indictment was tried against Joseph Suggs, Bright Cannady and Edith Brown for the murder of one Dick Jones, alias – Jeffrey Mares, a free Negro – that upon the trial of said Indictment the said Bright Cannady and Edith Brown were acquitted and the said Joseph Suggs was convicted of the murder of the said Dick Jones, that the undersigned are some of them acquainted with the said Joseph Suggs and beleive that he is a very ignorant illiterate man and has not the ordinary sense belonging to person of his age and station, that they beleive a violent assault had been commited on the said Joseph Suggs by Dick Jones and his brother Jim Jones who were both free Negroes, and that the shooting took place very soon – not more then a half hour after the assault was committed upon him by the said free Negros, but the Jury under the charge of the Court considered that rather prolong a time had elapsed before the wound was inflicted of which Jones died and therefore felt bound under the said charge to find him guilty of murder

They therefore most respectfully pray your Excellency to grant a pardon to the said Joseph Suggs

Signed this 14th day of October 1842

Jurors names who Tried the crimnal

John Beeman
John Sutton
John F. Jones
Thos Wooten
Parrott M. Hardy
Edward Carmon
Henry H. Gibbons
B.F. Hazelton
James E. Exum
John T. Pridgen
Chas. Edwards

[Names of 151 petitioners omitted.]

Governors Papers, Gov. John M. Morehead, G.P. 102, Correspondence, Petitions, etc., Sept., 1842; Correspondence, Petitions, etc., Oct. 1842; North Carolina State Archives.

He ill-treated, whipped and abused her, then took up with a slave.

North Carolina, Guilford County    }   Superior Court of Law, To Fall Term, A.D. 1866.

To the Honorable, the Judges of the said Court:

Mary Hubbard, of said County, by her petitioner, respectfully showeth unto your Honor, that she was born free and was intermarried, about twelve years ago, with a free man of color of the name of John Hubbard; that they obtained a license from the Clerk of the County Court of Alamance County and the rites of matrimony were solemnized between them by a Justice of the peace in said county; that your petitioner and her said husband, John Hubbard, lived together agreeably, and as man and wife should, for about three years; that during this time she was treated affectionately and kindly; that for some cause, to your petitioner then unknown, the said John Hubbard, her husband aforesaid, began to ill-treat, beat, whip and abuse your petitioner in such wise as to make her life oppressive and burthensome; that this abuse of your petitioner continued from that time, with short intervals when he was less cruel and unkind to her, now and then, up to about the first of September, A.D. 1865; that prior to that time and to your petitioner’s quitting her said husband’s house, her said husband, the aforesaid John Hubbard, became intimate with one Emily, a slave then and in property of one Tobias May, of Alamance, and, as your petitioner is advised and believes, her said husband had habitually illicit and adulterous intercourse with the said Emily; that for these reasons and for the further reasons that her life with him became intolerable and unendurable, she left him and hath not cohabited with him since that time; that she is advised and believes, that the said John Hubbard, her husband aforesaid, hath since kept up his illicit, adulterous and criminal intercourse aforesaid, with the said Emily May, who is now free, and he is illegally and improperly cohabiting with the said Emily at this time, contrary to law and in despite of his vows of chastity and fidelity to your petitioner, made and entered into at the time of their marriage; that your petitioner hath resided in this county for the last twelve years and ever since she was married, and now resideth here; that the course of action hath existed ever since last September, which is about ten and a half months; that your petitioner hath kept her vows of chastity and fidelity to her said husband, both before and since this parting; that she is now leading a correct and chaste life:

Your petitioner, for the reasons aforesaid, most respectfully prays your Honor, that the bonds of matrimony, now existing between her and the said John Hubbard, her husband aforesaid, may be dissolved, and that your petitioner may have such other and further relief as the nature of her case may require and to your Honor may see merit.  She further prayeth, that the said John Hubbard be served with a copy of this libel, and a subpoena, commanding the said John Hubbard to appear at the next term of this honorable Court, to be held for the County aforesaid, at the courthouse in Greensboro; on the Fourth Monday after the Fourth Monday of September next; then and there, to plead, or answer, to this libel, and to stand to, abide by and perform the order, claims and Judgments of this Court. And an in duty-bound she will ever pray.    Scott & Scott, Attos. for Petitioner.

Divorce Records, Guilford County Records, North Carolina State Archives.