Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Court Actions

March 29, 2013

Where Thunder Swamp Branch crosses the main road.

Adam Winn to Lemuel Cherry

State of North Carolina, Duplin County   }         This indenture made this 30th of July 1841 Between Adam Winn of the one part and Lemuel Cherry of the other part and both of the same State and County witness that I the said Adam Winn for and in consideration of the sum of twelve dollars to him in hand paid by Lemuel Cherry before the sealing and delivery of these presents the receipt whereof is hereby acknowledged hath given  granted bargained and sold do by these presents bargain sell and make over unto him the said Lemuel Cherry his heirs executors Administrators & assigns forever a certain ankerage or tract of land lying and being in the County of Duplin and on the waters of thunder swamp it being part of the land that Adam Winn bought of Lucy Win and part of the old Jonson tract of land and I the said Adam Winn doth assign over to the said Lemuel Cherry all the right title interest or claim in the before mentioned land containing ten acres more or less and begins and runs as follows (viz) Begins on main road that runs in Wayne and where thunder swamp branch crosses the main road an runs up said road to a large pine and then corners a new made corner and then runs a strait line of marked trees to William L. Hills line and then with Hills line to said Cherrys line then down said Cherrys line to the beginning and I the said Adam Winn doth my heirs executors & admrs or assigns no warrant and defend the before mentioned lands unto him the said Lemuel Cherry his heirs executors admrs or assigns forever against all other person or persons whatsoever laying any claim to the same in witness whereof I the said Adam Winn have hereunto set my hand and seal the day and date first above written signed sealed and delivered in the presence of Kenan Millard and Wm P. Cherry   Adam Winn (seal)

North Carolina, Duplin County Court January term 1852

The due execution of the foregoing deed is proved in open Court by the acknowledgement of Adam Winn the bargainor and ordered to be registered.  B.F. Grady Clk

Grantor Book 20, Page 407, Duplin County Register of Deeds Office, Duplin County Courthouse.

In the 1850 census of North Division, Duplin County: Adam Winn, 45, farmer, with William, 13, Marshal, 11, John, 9, Woodard, 7, Woodley Winn, 5, plus Moses Simmons, 18. Adam reported $3800 in real property.  [Sidenote: Lemuel Cherry, 71, white, farmer, is listed four households away from Adam Winn in this census. His household included Elender Young, 50, who was white. Elender Young was likely the mother of America Young, who married Adam Winn’s brother Charles Winn.  Also, though Adam’s sons are listed as free, they were in fact his own slaves. More about that later. — LYH]

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March 26, 2013

If any slave is deserving of freedom, he is.

To the honorable the Judge of the Superior Court for the County of Wayne, the Petition of Benajah Herring of said County

Your petitioner sheweth that he is the owner of a negro slave Willis, and is desirous of being permitted to emancipate him. Your Petitioner sheweth that the said slave was raised by Michael Herring formerly of said County and after the death of said Michael belonged for many years to Ichabod Herring now of said County, that the said slave has been from his infancy up to this moment distinguished by his sobriety industry and faithfulness, that his services have uniformly been of the most meritorious kind, that he has been left in charge by his late master for months of his plantation and rural concerns and hath acquitted himself in the most exemplary manner, and that if any slave be deserving of freedom your Petiioner believes that the said Willis is. Your Petitioner saith that the said Willis hath by his industry and economy paid to his late master a considerable sum the price of his freedom and having secured the payment of the residue a conveyance of the said slave hath been made to this Petitoiner for the purpose of soliciting and endeavouring to effect his emancipation          /s/ Benajah Herring

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

The petition is undated, but Willis Herring is listed as a head of household in the 1840 census of Wayne County.

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March 26, 2013

He deserves a gun.

Agreeably to an act of Assembly passed during the session of 1840-41 Chapter XXX. Hilary Coor free man of color petitions the worshipful Court of pleas and Quarter sessions for license to use a gun for one year from the date hereof.  August 17, 1841

We recommend Hilary Coor as deserving the benefit of the act cited above.

John G. Eliot, J. Martin, Harris Barfield, M.G. Harrell, Saml. Flowers, L. Cogdell, John Manly, Aaron Martin

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

[Sidenote: According to the 1850 census, Coor (who was also known Hillary Croom)’s supporters were a collection of farmers and one school teacher, Eliot. Coor/Croom named Eliot as the executor of his 1843 will, which requested that Eliot free Croom’s wife Hannah and their children Charles, Ann and Tempie.  Lewis Cogdell, J. Martin, David Cogdell and Daniel Cogdell witnessed the will. In 1850, Hillery Crooms headed a household on the south side of the Neuse that included children Annie, 14, Charles, 12, Tempy, 10, and John, 9, as well as two slaves, one of which may have been his wife. Two years later, he filed a petition with the North Carolina legislature seeking to bring his freed wife and children back into the state. — LYH]

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March 26, 2013

I am but illy able.

To the Worshipful Court, Feby Term 1833

I beg leave to request that you would take into your wise consderation and bind my Son Sherard unto Exum Pike, as the said Exum has agreed to find & furnish me something towards my support for his labor, as I am but illy able now to support myself without assistance.  Druzilla X Hagans  Feby 18, 1833

Witness Nathan Davis       N.B. Sherard is about 17 years of age.

[Sidenote: Sherard Hagans was already a father when he was bound to Exum Pike. He and Nancy Hall eventually had nine or ten children. The oldest four — Mozana, Samuel, Winifred and Benjah Ann Hall, small children during their father’s term of indenture — were repeatedly bound until they reached adulthood.  When Sherard Hagins, age 63, married Serena Jackson, 35, on 26 September 1878 in Wayne County, their license listed his parents as Sam and Zilla Hagins. — LYH]

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March 17, 2013

Two years longer for the mulatto.

Charlotte DeOrmond, a white woman servant of Major John Dunn has had a white & a mulatto bastard; she must serve a year for the white bastard and two years longer for the mulatto, who, being a female, is bound to said Dunn until 21 years old.

January Term, 1769, Minutes, Court of Pleas and Quarter Sessions, Rowan County Records, North Carolina State Archives.  

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March 13, 2013

Craven County Apprentices, 1810.

On 13 June 1810, Joseph Long, a free boy of color aged 16 years on 30 June 1810, was bound to Andrew Worron as a Taylor and habit maker.

On 10 September 1810, Jacob Lewis, a free boy of color aged 8 years, was bound to Joseph Robeson as a pilot and mariner.

On 10 September 1810, Smith Lewis, a free boy of color aged 10 years, was bound to Joseph Nelson as a pilot and mariner.

On 14 September 1810, William Manning, a boy of color aged 16 years on 30 June  1810, was bound to Andrew Worron as a tailor and habit maker.

On 10 December 1810, Jesse Gaudet, a free boy of color aged 3 years, was bound to William Physioc as a cooper.

On 12 December 1810, London Howard, 13, and John Gaudett, 10, free boys of color, were bound to Horatio Dade as coopers.

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March 12, 2013

Setting free Maria and her four children.

State of North Carolina, New Hanover County  } Court of Pleas & quarter Sessions, June Term 1797

Know all men by these Presents that We John McLellan, George Hooper, Henry Urquhart and John Allan all of the County aforesaid, are held and firmly bound unto his Excellency Samuel Ashe esq’r Governor, Captain General and Commander in Chief in and over the State aforesaid in the just and fill sum of One thousand Pounds, for the which payment will and truly to be made to his Excellency the Governor aforesaid his successors or assigns We do hereby jointly and severally, firmly by these presents, bind our seves and each of us our Heirs Executors and Administrators, Sealed with our Seals and dates as above –

The Condition of the above Obligation is such, that Whereas, the Justices presiding in the Court aforesaid at the Term aforesaid have on the Petition of the aforesaid John McLellan, emancipated and sett free, as fully and amply, as by the Laws of this State they are entitled, a certain female Negroe Slave, belonging to the said John McLellan named Maria and her four Children named William Elizabeth Margaret and Mary; And in case the said female Negroe Slave Maria and her four Children William, Elizabeth, Margaret and Mary or either of them shall not in any manner whatsoever become chargeable to or on this or any other County within this State, then the above Obligation to be void otherwise to remain in full force and Virtue.   /s/ John Mclellan, G. Hooper, Henry Urquhart, John Allan

Signed Sealed & Delivered in presence of /s/ James W. Walker

Slave Records, New Hanover County Records, North Carolina State Archives.

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March 12, 2013

Did unlawfully live as man & wife with a slave.

State of North Carolina, Wilson County to wit:

Court of Pleas & Quarter Sessions January Term AD 1859

The Jurors for the State on their oath present that Benjamin Price a free negro late of the County of Wilson on the 1st day of December AD 1858 and divers other days and times both before and after that day at and in the county aforesaid did unlawfully cohabit & live as man & wife with Easter a slave the property of Dempsey Barnes contrary to the form of the statute in such cases made & provided and against the peace & dignity of the state.    /s/ B.B. Barnes Sol

[Reverse: State vs Ben Price A Slave for Wife / Gov Pros Wit Dempsey Barnes  / Not a true Bill W.E.J. Shallington For’n Grand Jury]

Miscellaneous Records, Wilson County Records, North Carolina State Archives.

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March 12, 2013

Licensed to carry.

Free Negroes licensed to carry guns 12 months

Date of license June 1852 – Loftin Chance, Richard Morris, George Lewis, Ezekiel Chance, Theophilus George, William Cully

September 1852 – Israel Pettiford, John Gaudet, John A. Wiggins, James Gaudet, Wright Pettiford, Will. Gaudet, George Roberson, Ben. Banton

Dec’r 1852 – Kelso Davis, Rufus Chance

March 1853 – Sylvester Gaskins, John Fenner, Thomas Fenner, Elijah George

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

In the 1850 census of Craven County, the following households:

  • Israel Pettiford, 25, farmer, wife Lucretia, 29, and children Caroline, 14, Willis, 3, and Francis, 2.
  • Loftin Chance, 57, farmer, wife Betsy, 55, and Ezekiel, 20, Rufus, 18, Betsy, 12, and [illegible] Chance, 11.  Also, Rufus Chance, 45, cooper, wife Hannah, Samuel Carter, 10, and Amos Fenner, 9. 
  • Richd. Moore Jnr., 35, laborer, wife Elennor, 25, and Mary, 4.
  • George Lewis, 33, boatman, wife Rebecca, 29, and Amos, 7 months.
  • Thepolus George, 22, boatman, wife Lucinda, 21, and Levery Godett, 55. Also Theop. George Jnr., 46, farmer, Susan, 24, Merinda, 18, Elijah, 16, Deborah, 12, Betsy, 9, James, 6, and Martha, 1.
  • James Godett, 70, farmer, wife Hepsy, 41, and James, 10, Jeremiah, 9, and William Godett, 6.
  • Right Pettiford, 38, farmer.
  • John Godett Jnr., 28, laborer, wife Mary, 24, and Francis, 6, Susan, 2, Nancy, 1 month, and Nancy Harkley, 17.
  • William Cully, 50, farmer, Mary, 40, William, 17, Hepsy, 16, Phebe, 14, and Mary, 3.
  • John R. Wiggins, 64, farmer, wife Julia, 50, and children George,14, Philip,12, Julia,10, Unis, 8, Nelly, 73, and John, 3.
  • John Fenner, 55, wife Ann, 45, and Philip Moore, 12.
  • Thomas Fenner, 50, Penelope, 55, and Thomas Carter, 9.
  • Elijah George, 35, boatman, Sarah, 21, Theopilus, 13, Matthew, 7, and Nancy, 1.
  • Benjamin Banton, 30, farmer, Celia, 70, Elizabeth, 25, Cornelia, 5, and Hepsy, 3.
  • George Roberson, 50, farmer, Betsy, 50, and Sidney Mahonis, 50.
  • George Godett Jnr., 66, farmer, wife Julia, 50, and William, 18, Andrew, 15, Sally, 15, Betsy, 32, and Jesse Ransom, 55.
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March 11, 2013

Wayne County Apprentices, 1830-1831.

John Reed, 4, Isaac Reed, 2, and Patty Reed, 6, were bound to Jesse Bogue in 1830; John as a shoemaker, Isaac as a farmer, and Patty as a spinster.

In the 1850 census of North Side of Neuse, Wayne County: Rhody Read, 60, and children John, 27, and Isaac, 22, farmers, and Zana Reid, 21.

Betsey Burnet and Micajah Burnet, both age 9, were bound to Lovet Stephens in 1830.

George Ward, 12, was bound to Nathan Davis, in 1830.

John Hagans, 2 ½, was bound to James Martin in 1831.

James Wiggins, 6 months, and Jordan Wiggins, 2, were bound to Robert Langston in 1831.

In the 1850 census of North Side of Neuse, Wayne County: Jorden Wiggins, 23, farmhand, wife Pricilla, 28, and Zilpha, 6. In the 1860 census of Goldsboro, Wayne County: Jordan Wiggins, 30, stiller, wife Priscilla, 35, washwoman, Mary, 18, Robert, 8, George P., 7, Francis, 5, Wm. Jordan, 3, and Bettie, 1.  But also, in Nahunta, Wayne County: Jordan Wiggins, 35, laborer, in the household of W.W. Barnes, turp’t distiller.

Rufus Lane, 5, was bound to James Forehand in 1831.

In the 1850 census of North Side of Neuse, Wayne County: Rufus Lane, 22, farmhand, in the household of Lucy Hall, 45, a free woman of color.

Willie Hagans, 9, was bound to Stephen Woodard in 1831.

Phereba Hagans, 5, was bound to Matthew Copeland in 1831.

Lawrence Hagans, 12, was bound to Edwin Bryan in 1831.

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

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