Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Court Actions

June 10, 2013

Overturned on a technicality.

State v. Bill Ely (1857).

Bill Ely was indicted in Beaufort County Superior Court on a charge of unlawful immigration. The indictment described him as a “free man of color.” The Court noted that Ely had come into North Carolina from Virginia in 1842. During the next two or three years, he went back to Virginia two or three times and stayed a few weeks each time, but had resided continually in Beaufort County for ten years.  Ely was found guilty and fined five hundred dollars. Because Ely was a “free negroe unable to pay the fine,” the court directed the sheriff to hire Ely out to any person willing to pay it. Ely appealed.

In a brief per curiam decision, the Supreme Court noted that Section 54 of Chapter 107 of the Revised Code made it illegal for a “free negro” (not a “free person of color”) to immigrate. Citing State v. Chavers, the Court ordered judgment arrested.

File #7301, Box 284, North Carolina Supreme Court Case Files, North Carolina State Archives.

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June 7, 2013

He, his father, his mother, his grandfather AND his grandmother….

State of North Carolina, Franklin County    }

Be it known that this 1st day of October in the year of our Lord one thousand eight hundred and twenty eight Came before us James Baker & Richard Arrendell two of the Justices of the peace for the County and Franklin, aforesaid, Thomas Broom and Thomas Williams both of the County & State aforesaid, and maketh oath that they are well aquainted with Frederick Reed (a man of Colour, the bearer hereof, and that he has always passed as a free borned man; that they new his father & mother, and his Grandfather & grandmother, and that they were also reputed to be free persons; that the Said Frederick is about 36 years old, of dark yellow complexion, about 5 ¾ feet high and by profession farmer.    /s/ Thomas Williams    Thos. Broom

Sworn to & subscribed before us, this date & Date above written Attest Richd. Arrendell J.P. Jas. Baker J.P.

Miscellaneous Records, Franklin County, North Carolina State Records.

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June 4, 2013

Let Pig stay.

At the heart of Wayne County Superior Court proceedings stemming from the suit in J.F. Coley v. Tom Artis (1908) was a dispute over 30 acres of land.  Thomas “Tom Pig” Artis began renting the property in 1881 from W.J. Exum.  In 1892, Exum’s widow Mary sold it to Napoleon “Pole” Hagans.  In 1896, after Napoleon’s death, the land passed to his sons Henry and William S. Hagans, and in 1899 Henry sold his interest to his brother.  In 1908, William S. Hagans sold the 30 acres to J.F. Coley.  Coley filed suit when Tom Artis laid claim to it, arguing that Napoleon had sold it to him.  Tom claimed that the 800 lbs. of cotton he tendered to Napoleon Hagans (and later, his son William) was interest on a mortgage, but William Hagans and other witnesses maintained that the payment was rent. (Tom also testified that he rented the “Adam Artis place.”) William testified that his father was in feeble health in 1896 when he called him and his brother Henry together “under the cart shelter” to tell them he would not live long and did not know to whom the land would fall.  William testified that Pole asked them to let “Pig” stay on as long as he paid rent, and they promised to do so.  Tom Franks testified that “Pole was a first-rate business man.” Jonah Williams, Adam Artis’ brother, testified that he borrowed money from Napoleon to open a brickyard in the spring of 1893 and had preached his funeral.  He also noted that “Tom married my sister [Loumiza Artis].  He is not a member of my church.  I turned him out.  He is a Primitive Baptist.  I preached Napoleon Hagans’ funeral.”)  Jesse Artis, another of Adam Artis’ brothers, testified that he had worked on Napoleon’s property as a carpenter for 18 years and noted, “I don’t know that Tom and I are any kin, just by marriage.”   John Rountree testified that he was a tenant renting on thirds.  Simon Exum, Delilah Artis‘ husband, testified: “I am no kin to Tom [Artis] as far as I know, except by Adam.  His first wife was my wife’s sister.”  H.S. Reid testified that he was Tom Artis’ son-in-law.  The court found for Coley and against Artis.

[Sidenote: The Artises, Haganses and Reids were neighbors in the Eureka area of Wayne County for generations. Tom Artis’ mother Celia Artis and Henry S. Reid’s grandmother Rhoda Reid were the wealthiest free women of color in the county. Adam Artis married Napoleon Hagans’ half-sister Frances Seaberry. Adam’s sister Loumiza married Tom Artis. Henry S. Reid, son of Washington and Penninah Reid, married Tom Artis’ daughter. Henry’s first cousin Henry Reid, son of John and Mozana Hall Reid, married Adam Artis’ daughter Georgianna Artis. Adam Artis’ son William Marshall Artis and grandson Leslie Artis married Tom Artis’ neices, Etta and Minnie Diggs. And on and on. — LYH]

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June 4, 2013

Wayne County Apprentices, 1841-1842.

Jacob S. Read, 6, was bound to David Barden in 1841.

In the 1850 census of North Side of Neuse, Wayne County: Tabitha Read, 38, with children Jacob, 16, Nancy, 14, Rachell, 11, David, 5, and Margarett, 3.

John Hagans, 4, was bound to Elias Barnes in 1841.

John G. Hall, 8, was bound to James Hall in 1841.

Mary Jones, 4, was bound to William Sauls in 1841.

Hillary Jones, 7, was bound to Bardin Jones in 1841.

Briley Lane, 16, was bound to Jesse Lane in 1841.

John Artis, 19, was bound to Sarah Davis in 1841.

Mancy Seaberry, 8, was bound to William T. Williams in 1841.

In the 1860 census of Saulston, Wayne County: Manse Seberry, 27, cook, with sons James, 2, and Joseph, 9 months, in the household of David Barden, farmer. [Next door, the household of Th.o Seaberry, 50, farmer.]

Jim Carroll was bound to William C. Bryan in 1842.

In the 1850 census of North Side of Neuse, Wayne County: James Carroll, 20, farmhand, is listed in the household of Wm. C. Bryan, 38, clerk of Superior Court.

Jim Carroll, Willie Carroll and Henry Carroll were bound to Samuel Smith in 1842.

Andrew Mitchell, 3, and Jacob Mitchell, [no age listed], were bound to Absalom Sauls in 1842.

Betsey Morris, 9, was bound to Thomas Horn in 1842.

In the 1850 census of North Side of Neuse, Wayne County: Elizabeth Morris, 17, is listed in the household of Thomas Horn, farmer.

Nancy Lucas was bound to William Thomson in 1842.

John Hagans, 5 months, was bound to Lemuel Edmundson in 1842.

In the 1850 census of North Side of Neuse, Wayne County: John Hagins, 8, is listed in the household of Lemon Edmonson, farmer. In the 1860 census of Davis, Wayne County: John Hagans, 18, in the household of Leml. Edmundson.

Henderson Gandy, 15, was bound to Rob Williams in 1842.

Rigdon Wise, 17, and Marenda Wise, 13, were bound to Asher Pipkin in 1842.

In the 1850 census of South Side of Neuse, Wayne County:  Marenda Wise, 50, with Sally, 20, Rigdon, 26, and Zilpha Wise, 5 months. Sally and Zilpha were described as mulatto; the others, white. Next door: Betsey Wise, 28, with Sarah, 4, Dury, 10 months, and Rebecca Wise, 65; all white.  In the 1860 census of Cross Roads, Wayne County: Sally Wise, 45, with Elizabeth, 28, Sarah, 15, Dary, 9, Marenda, 27, Zilpha, 8, and Edmund Wise, 3; all white. [It appears that Sally and Marenda’s names are reversed in the 1850 census.] In the 1870 census of Grantham, Wayne County: Sallie Wise, 60, Renda, 38, Zilpha, 20, Edmond, 15, and Monroe Wise, 6; with Ann Brown, 75, and Susan Lewis, 45. Renda’s color was initially described as M, then a W was superimposed.

Apprentice Records, Wayne County Records, North Carolina State Archives; federal censuses.

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May 31, 2013

We cannot come to terms.

State of North Carolina, Wayne County   } Court of Pleas and quarter Session November term 1837

To the worshipful the justices of said Court — The petition of the Wilmington & Raleigh railroad company humbly complaining sheweth unto your worships that the road which they are now constructing will pass through the lands of Adam Wynn of this county, They represent unto your worships that they have not been able to come to any understanding or make any agreement with the owner Adam Wynn as to the terms upon which they may construct their road over his lands They therefore pray that thus court will cause the Sheriff to summon a jury of twelve lawful men to go upon the rout that may be pointed out by the President and Directors or by their agent and say what damage the owner will sustain by the construction of the road allowing or condemning sixty five feet on each side of the base. The jury also taking into consideration the value of the benefit resulting and that may result to the owner from the construction of the road and that the jury make a return to court under hand and seal of their proceedings they first having been duly sworn and your petitioners pray that this court will take all and such other steps touching the premises as may seem necessary and your petitioner as in duty bound will ever pray    /s/ W.B. Wright Sol. Pro Pet

Railroad Records, Wayne County Records, North Carolina State Archives.

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May 28, 2013

Set off and divide.

State of North Carolina, Wayne County   }  In obedience to an order of Court to me Olin Coor Sheriff directed, Issued from Aug Term 1863. I have proceeded to Summon the following man as commissioners to Set-off and divide the land Deeded to Rody Reed and Isaac Reed by Jno. Hollowell as by reference to said and will more fully show. Viz – Said Rody Reed is to have one fourth of said land and Isaac Reed three fourths which division is in manner and form following to witt viz. –

Beginning for J.P. Rogers (who has become the purchaser of the interest of Said land belonging to Isaac Reed) at a stake on the main run of Aycocks Swamp H.B. Ballance corner and runs N 5 W 272 poles to two small pines Thomas F. Davis & H.B. Ballance’s corner then N 33 E 24 poles to a hickory Said Davis corner then with his line So 70 E 157 ¾ Poles to a Stake then with his line N 55 E 27 poles Stake then South 40 E a strate line to a Stake on the run of Aycocks Swamp then up the various courses of Said run as it meanders to the beginning containing one hundred and ninty five acres Also one other tract adjoining the lands of Said Ballance & others beginning at a maple in a small branch then up said branch 30 poles to a black Gum the dividing corner between Said Rogers and Rody Read then down the run of Said branch to a white Oak then N 86 E 72 poles to the beginning continuing twenty and one fourth acres.

Beginning for Rody Reed at a Stake on the run of Aycocks Swamp the corner of said J.P. Rogers and runs with his line N 40 W 59 poles to a State said Rogers corner in Thomas F. Davis’ line then N 55 E 18 poles to a Sassafras then N 27 ½ W 60 poles to a maple on the run of Newsums Branch then down the run of said Branch as it meanders to the run of Aycocks Swamp then up the run of said Swamp as it meanders to the beginning, containing Seventy two acres Also another tract adjoining the Lands of said Davis and others. Beginning at a black Gum said Rogers’s corner then with his line S 82 W 33 poles to a small sweet Gum in a small branch then up said to a pine said Davis’s corner then N 82 E 21 poles to a Small black Gum at the head of a Small drain then down the same as it meanders to the beginning, containing five and one fourth acres.

Al of which is respectfully submitted under our hands and Seals this the 24th day of Aug 1863  /s/ Henry Martin, W.P. Peacock, H.B. Ballance, L.J. Sauls

Witness O. Coor Sheriff

Recording Docket Book 14, page 9. Office of Clerk of Superior Court, Wayne County Courthouse, Goldsboro.

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May 22, 2013

For the murder of Archibald Beebee.

MATTHEW N. LEARY, jr., a witness for the prosecution, having been first duly sworn, testified as follows:

Examined by the Counsel for the prosecution.

Q. What is your name? A. Matthew N. Leary, jr.  Q. Where do you reside? A. In Fayetteville. Q. What is your occupation in Fayetteville? A. Saddle and harness maker was previous to the war. Since the war I have added to that a small grocery in the same building. A. Have you been a free man all your life? A. All my life, sir.  Q. Where did you reside in the beginning of the year 1867? A. In Fayetteville. Q. Did you know one Archy Beebee there? A. I did, sir, by sight. I knew him when I saw him. Q. Where is he now? A. Dead. Q. When was he killed? A. On the 11th of February. … [p. 3]

ROBERT SIMMONS, a witness for the prosecution, having been first duly sworn, testified as follows:

What is your name? Robert Simmons. Where do you live? In Fayetteville, sir. What is your occupation there? I keep a grocery there. Was that your occupation at the beginning of the year? Yes, sir. Did you know Archy Beebee? Yes, sir. … [p. 47]

HENRY HAGANS, a witness for the prosecution, having been first duly sworn, testified as follows:

Examined by the Counsel for the prosecution.

Where did you live at the beginning of this year? In Fayetteville. What is your business there? Shoemaker. Whose shop did you work in, the first part of this year? I worked with Mr. Henry Sykes. Is that the one-armed man? Yes, sir. Did you know Archy Beebee? Yes, sir. … [p. 55]

Argument of ED. GRAHAM HAYWOOD:

… Here is Matthew N. Leary, jr., whose character is unassailed, and unassailable, who says – he was standing to the right of the man who fired the pistol, and his rear, about five feet. … Between Leary and the man who fired his pistol, stood Lewis Smith. Square behind [John] Armstrong – almost touching him – and within five feet or six feet of the man who fired the pistol, stood Henry Hagans; a little further to the front than James Douglass, and to his left stood Robert Simmons… [p.347]

Proceedings in the Case of the United States against Duncan G. McRae, William J. Tolar, David Watkins, Samuel Phillips and Thomas Powers, for the Murder of Archibald Beebee at Fayetteville, North Carolina on the 11th Day of February, 1867, together with the Argument of Ed. Graham Haywood, Special Judge Advocate (1867).

In the 1860 census of Fayetteville, Cumberland County: D. Simmons, 40, Robert, 23, Saml., 20, and Mary Simmons, 12.

In the 1860 census of Fayetteville, Cumberland County: Joseph Heggins, 51, laborer, wife Harriett, 31, and children Henry, 13, Duncan, 9, Lavina, 7, Sophia, 5, and Mary, 3.

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May 17, 2013

Burnett shares his estate.

In the name of God, Amen, I David Burnett of the County of Cumberland & State of North Carolina being of Sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make or ordain publish and declare this to be my last Will and testament, That it to say, first that after all my lawful debts are paid and discharged, the residue of my estate real & personal I give bequeath and dispose of as follows to wit: to my beloved wife Jane Burnett the land and appurtenances, whereon I now live located in 71st Township in the County of Cumberland & State of North Carolina during her natural life, and after her death to be equally divided among my daughters, Mary Catherine, Elisabeth Ann, Sarah Elisa, Laura Columbia, Amanda Carolina & Sudy Jane, To my wife Jane & my daughter Sarah Elisa, I give and bequeath my horse, To my daughter I give bequeath (Mary Cathrine) all my stock of Cattle, To my wife & Sarah Elisa I give and bequeath all my hogs, to my son John Henry Five dollars in money & my wearing apperall, if I should have any left; I give bequeath & devise all the rest & residue & remainder of my personal effects to my wife and daughters Like wise I make contribute and appoint my friend Daniel C. Munroe of 71st Township in the County of Cumberland & State of North Carolina to be my executor of this my last will & testament hereby revoking all former wills made by me, In witness whereof I have known to subscribed my name and affixed my seal the second day of December AD 1872  David X Burnett

Witness Wm. John X Chavers, D. McDugald

Proved 19 January 1884. Will Book E, Page 331, Register of Deeds Office, Cumberland County, Fayetteville.

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On 12 December 1884, David Burnett’s executor, Daniel C. Monroe, filed a petition to sell lands for assets.  Neill R. Blue, Alexander McKethan, John A. Monroe, Jane Burnett (widow), Mary Manuel, Catharine Burnett, Elizabeth Ann Chavers, Sarah Eliza Oxendine, Laura Columbia Williams, Amanda Carolina Burnett and Lundy Jane Burnett, minors, and John Burnett were named as defendants. Monroe noted that Burnett’s debts were about $250; that his personal estate had no value and was insufficient to set off a one-year widow’s allowance; that Burnett’s real property consisted of two tracts received from his father Jesse Burnett, totaling 150 acres, and located on Middle Creek between Buies Creek and Little Rockfish and between Little Rockfish and Middle Creek in 71st township; that Burnett’s widow Jane remained in his dwelling house on said tracts; that there were various claims on parts of the tracts; and that all the defendants lived in Cumberland County. Other documents listed Burnett’s widow as “Jennette” Burnett and identified his daughter’s husbands as Jacob Manuel, William Chavers and Alexander Oxendine. Executors released and quitclaimed the 25 acres above to the widow and heirs.  It contained a house and a graveyard.

From the file of David Burnett, Cumberland County, North Carolina Estate Files 1663-1979, https://familysearch.org. Original, North Carolina State Archives.

In the 1860 census of Western Division, Cumberland County: David Burnett, 42, farmer, wife Jane, and children Mary, 12, Elizabeth, 10, Sarah, 9, John, 4, and Laura, 4 months. Next door: Jesse  Burnett, 70, and wife Elizabeth Burnett,72.

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May 15, 2013

The criminal docket.

SUPERIOR COURT DECISIONS

The Superior Court of Law and Equity for the Counties of Cumberland and Harnett has been in Session during the present week. Nearly the whole of the Term has been taken up with the Criminal Docket. A part of Tuesday and the whole of Wednesday were devoted to the trial of Rachel Freeman, a free girl of color, on a charge of arson. The jury returned a verdict of guilty. For the State, Mr. Solicitor Strange; for the prisoners, Messrs. William B. Wright and Joseph Baker, Jr.

The next business on the calendar was an application of three prisoners from Bladen, charged with a capital offence, to be admitted to bail. They were represented by John A. Richardson, Esq., whose efforts to obtain bail were ineffectual. The prisoners were remanded.

Jackson Evans was then put on his trial for a homicide on the body of Joseph Williams, both free men of color. A verdict of manslaughter has been returned.

North Carolina Argus, Wadesboro, 16 October 1856.

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May 15, 2013

The partition of Robert Aldridge’s estate.

On 4 July 1902, dower laid off and partition made of Robert Aldridge‘s land as follows:

Dower — Eliza Aldridge received 53 acres on a run of Stoney Run Branch.

Lot No. 1 — Mathew W. Aldridge received 100 acres on Stoney Run and Hurricane Branches, excluding the Agustus Church and free school house lots.  Interest Mathew bought from his father included in the described tract.  Residue valued at $200.

Lot No. 2 — George W. Aldridge received 42 acres on Stoney Run and the county road, valued at $200.

Lot No. 3 — Joseph Aldridge received 53 acres on Stoney Run and the county road, valued at $200.

Lot No. 4 — David Aldridge received 80 acres on Stoney Run and the county road, valued at $200.

Lot No. 5 — Robert Aldridge received 41 acres on a prong of Stoney Run and the Spring Road, valued at $200.

Lot No. 6 — John W. Aldridge received 50 acres on Stoney Run Branch below the mineral spring and the Spring Road, valued at $285.

Lot No. 7 — Frances Locust received 33 acres on Stoney Run and the Spring Road, valued at $200.

Lot No. 8 — Talitha Brewington, Hattie Brewington, Elijah Brewington, Mattie Brewington, Lundy Brewington, and Toney Brewington jointly and subject to the life estate of Joshua Brewington, received 33 acres on W&W Railroad, valued at $193.

Lot No. 9 — Louetta Aldridge received 32 acres on Stoney Run Branch, valued at $193.

Lot No. 10 — Lizzie Aldridge received 32 acres on the W&W Railroad and Stoney Run Branch, valued at $193.

Lot No. 11 — Louetta Artis, Robert Artis, Columbus Artis, Josephine Artis, J. Scott Artis, J.B. Artis, Lillie Artis, Annie Artis and Elberta Artis, jointly and subject to the life estate of Adam Artis, received 32 acres at the mouth of a ditch on the run of Stoney Run and the railroad, valued at $193.

Submitted by Sam C. Casey, Walter C. O’Berry, Ira W. Hatch.

The margins of this document contain notations and signatures acknowledging receipt of moneys due to balance the lot values, including signatures of Lizzie Aldridge, Tilithia King, J.W. Aldridge, Joseph Aldridge, Hattie Brewington, Columbus Artis, Elijah Brewington, Tony C. Brewington, Robert Aldridge, Lundia Brewington, and June Scott Artis, and Eliza Artis’ mark.

John Aldridge, owner of Lot No. 6, paid $7 each to the owners of Lots 8-11, and $57 to the Clerk of Superior Court for costs of the division.

Louetta Aldridge’s share was divided among her siblings “the owner of said amount now being dead this day Aug 22=1904.”

Abstract from document in the file of Robert Aldridge, Estate Records, Wayne County Records, North Carolina State Archives.  [Sidenote: Robert Aldridge, born circa 1819, was my great-great-great-grandfather. Bits of his land remain in family hands. The Brewingtons were children of Robert’s daughter Amelia, who died a few years before he did. The Artises were children of his daughter Amanda, who died about the same time. Frances Locust and her husband changed their surname to Randall. — LYH]

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