Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Tag: Wayne County

Free Colored Inhabitants of the Town of Goldsboro, Wayne County, 1860.

#722. Charity Hatcher, 45, and Sarah Hatcher, 14.

#757. Susan Bordan, 70, baker; Angia Capps, 60, sewer; and Catharine Carrol, 7.  Susan reported owning $500 real property and $100 personal property.

#760. Henry Mitchel, 25, blacksmith, wife Mary, 26, and Sandy, 6. Mitchel reported $100 personal property.

#790. Lawrence Hagans, 39, ditcher, wife Charity, 35, and children Melvina, 12, Wm. A., 12, Leonas, 9, Everett, 6, and Alsey, 2.

#799. Mary Burnett, 53; and Sally Rue, 35, Susan Rue, 4, and Mary Rue, 14.

#808. Edith Joyner, 40, and children Eliza, 17, Wm., 12, Ben, 8, and Needham, 18, in the household of Susan A. Griswold, hotel keeper.

#818. Alford Artis, 20, in the household of E.A. Thompson.

#146. Moria Brocket, 59, and Melvina Brocket, 10, in the household of Thomas M. Rogers.

#152. Mary Philips, 25, in the household of S.D. Philips, 42.

#154. Wm. Burnett, 49, barber, and wife Cuzzy, 50.

#155. Dolly Burnett, 20, “serving,” Polly Burnett, 18, Betsy Burnett, 5, and William An Burnett, 3.

#156. Solomon Finch, 28, bar keeper, wife Eliza, 27, seamstress, and children Georgianna Finch, 10, and Thomas Russell Finch, 2.

#164. Charity Reed, 30, and son Joseph Reed, 6, in the household of G.W. Hislop, railroad conductor.

#181. Delphi Artis, 27, Zilpah Artis, 25, Patsy Artis, 20, all washerwomen, and William G. Artis, 5, Melvina Artis, 6, Syntha Artis, 2, and Arkansas Artis, 9 months.

#182. Elizabeth Hagans, 25, wash woman; and children Mary Jane Hagans, 6, and William H. Hagans, 4.

#183. James Wiggins, 28, woodcutter; his wife Succy, 32, wash woman; and children Amanda, 5, and Henry Wiggins, 2; and Ann Fenner, 12; and Sydney Wiggins, 55, wash woman.

#186. Jordan Wiggins, 30, stiller, wife Priscilla, 35, wash woman, and children Mary, 18, Robert, 8, George P., 6, Francis, 5, Wm. Jordan, 3, and Bettie, 1.

#191. Henry (no last name), 23, blacksmith, in the household of Calvin Privett, wagoner.

#193. Wiley Hagans, 38, wash woman.

Their father bound them out, but wanted them back.

Haywood Musgrove v. Wm. J. Kornegay, et al., 52 NC 71 (1859).

On a writ of habeas corpus, Simon and Lucretia Musgrove, colored children, were brought into Wayne County Superior Court upon the petition of their father, Haywood Musgrove.  William J. Kornegay, in his defense, presented a deed that Musgrove had executed to Kornegay, purporting to bind the children to him as apprentices.  It appeared that Simon was over twelve years old at the time of the transaction; assented to the binding, but did not sign the deed; and served Kornegay three or four years.  However, Lucretia was only three or four years old at the time and did not assent to the binding in any way.

The court ordered Simon and Lucretia returned to Kornegay, and their father appealed.

The Supreme Court: “A father is entitled to the services of his child until he arrive at the age of twenty-one.” He has a right of property in the child’s services, may enforce them by reasonable correction, and if the child absconds or is taken away, may recover custody by habeas corpus.  However, a father cannot assign this interest to a third person, unless the child is old enough to enter a contract (age twelve at the time) and assents to the assignation by executing the contract with his father. In this case, Lucretia was too young to be sign a contract and should be returned to her father.  And though Simon was more than twelve years old, he did not sign the deed, “the proper order is to discharge the infant and permit him to go where he pleases. Order below reversed. This order will be entered, and judgment against Kornegay for costs.”

Surname swap, no. 2.

In the 1850 census of Wayne County, North Side of Neuse: Nancy Morgan, 30, Nero, 9, Caroline, 8, Gaston, 7, Dinah, 5, and Oomey, 2

But in the 1860 census of New Hope, Wayne County: Nancy Whiter, 40, Nero, 19, Gaston, 17, Primas, 12, Amos, 10, Sam, 8, Eliza, 4, and Morris, 2.

Surname swap, no. 1.

In the 1850 census of South Side of the Neuse, Wayne County: Haywood Musgrave, 40, wife Penny, 25, and children Susan, 8, Simon, 6, Jane, 5, Green, 4, and George, 2.

But in the 1860 census of Indian Springs, Wayne County: Haywood Hays, 48, and wife Elizabeth, 32, Susan E., 16, Simon, 15, Jane, 14, Green, 13, George, 12, Lucretia, 11, Alchi, 10, Mary A., 9, Nancy, 8, Alfred, 7, and Betsey, 5.

Wayne County Free Colored Heads of Household, 1840.

Judy Artis, Nicy Seabury, Willis Herring, Stephen Pettiford, Betsey Burnett, William Burnett, Henry Simmons, Washington Winn, Barden Burnett, Golden Burks, James Hays, Rufus Seaberry, Joseph Carroll, Jim Simmons, Fanny Capps, Offie Seabury, Milly Smith, Hillary Croom, Tabitha Smith, Annica Simmons, Annis Brooks, Ida Simmons, Ben Thompson, Phereby Simmons, Polly Simmons, Sally Simmons, Calvin Simmons, Charles Winn Sr., Penny Winn, Betty Greenfield, Green Simmons, John Herring, Sherod Hagans, Lewis Artis, Zilla Hagans, David Artis, David Powell, Celia Artis, James Barfield, David Artis, Daniel Hagans, Alford Artis, Maria Artis, James Hall, Luke Hall, Absalom Artis, Vincent Artis, Gary Rowe, Sorrel Newsome, Richard Artis, Micajah Artis, Waren Artis, John Jones,  Nelson Rowe, Rhoda Reed, Hinnard Artis, Bryan Mundy, Leecy Hagans, Bytha Reed Sr., Bytha Reed, William Hagans,  Polly Simpson, Henry Hall, Willis Hagans, Lina Artis, James Jones, Jesse Lane, Lizzy Jones, Hillard Artis, Eli Hagins, Henry Anderson, Barna Reed, Allen Reed, Dempsey Reed and Daniel Carroll. Total free colored population: 464.

A trial here would be a mere mockery.

State vs Furnifold Jurnigan   }  Selling a person of mixed blood.

The Solicitor maketh oath that he does not believe the State can have a fair trial in this County; this matter has been the subject of conversation in the County, and the defendant by the influence of several men of standing has made it much the matter of general discussion, and has as the Solicitor is informed, so many on the Court yard, in his favour, that it would be a mere mockery to enter upon this trial in Wayne.  Edw. Stanly Solicitor  Sworn to before me in Open Court this 6th of April 1837.  N. Washington Clk.

In 1837, Furnifold Jernigan was indicted for selling Betsy Dinkins, a free woman of color. In the three years prior Jernigan and at least four co-defendants appeared on the Wayne County docket ten times on charges of selling free negroes, but never went to trial. As a result of the state’s solicitor’s complaint to the judge, the case was ordered removed to Greene County, but never appeared on the docket there.  Records Concerning Slaves and Free Persons of Color, Records of Wayne County, North Carolina State Archives.

Eliza Simmons Bryant.

Image

ELIZA SIMMONS BRYANT (1827–1907) founded a home in Cleveland, Ohio, for elderly African-Americans, many, freed slaves.  The Cleveland Home for Aged Colored People, now known as Eliza Bryant Village, continues to serve some of Cleveland’s most vulnerable residents.

Eliza Bryant’s official biography asserts that she “was born in North Carolina to Polly Simmons, a slave, and her master. She was raised on a plantation in Wayne County. In 1848, Polly Simmons was freed, and moved with her family to Cleveland, Ohio, where she purchased a home, with funds from her master.” In fact, Eliza was born free to Polly Simmons, who was part of a large family whose freedom dated from at least the mid-18th century.  Her father may have been white, and may have employed her mother, but was not her master.  (Eliza turned 21 in about 1848 — was a release from an indenture the “freedom” attributed to her mother in her bio?) The 1850 census of the South Side of the Neuse, Wayne County, shows: Polly Simmons, 47, her children Eliza, 23, Buckner, 21, and George, 18; plus Nancy A., 17, and Willie Grice, 15, and Rufus Daniel, 14; all described as mulatto. They are listed among a cluster of Simmonses, including 84 year-old Phereby Simmons, who may have been Polly’s mother.

Photo courtesy of http://www.elizabryant.org.  Wikipedia; US Federal Population Schedule.

Complaint for possession of land.

North Carolina, Wayne County   } In Superior Court April Term 1892.

David Brown and wife Minta Brown vs. Sallie Simmons and Frank Winn – Complaint.

The plaintiffs for their complaint allege, I. That prior to the [blank] day of April 1854 David Simmons was the owner in fee of a tract of land in Wayne County near the town of Mount Olive on which the defendant Sallie Simmons now lives, bounded as follows, Beginning at a pine and running thence S 82 poles to a pine, then S 87 W 81 poles to a pine, the N 47 W 46 poles to a pine, then N 5 E 56 poles to a stake, then East 110 poles to the beginning containing 57 acres more or less.

II. That on said [blank] day of April 1854 the said David Simmons conveyed said tract of land for life to his mother Ita Simmons reserving an annual rent of one penny by deed duly admitted to probate and registered in Wayne County.

III. That thereafter on the 23rd day of April 1855 the said David Simmons conveyed said land in fee to one James McDuffie by deed duly admitted to probate and registered in Wayne County.

IV. That thereafter the said McDuffie died in the County of Wayne leaving a last will and testament by which he devised said land in fee to the plaintiff Minta Brown (then Minta Bryant) subject to the life estate of the said Ita Simmons.

V. That soon after the execution of said deed to Ita Simmons set out in the second paragraph of this complaint, the said Ita Simmons took possession of said land under said deed and remained in possession thereof until her death in the year 1891.

VI. That the plaintiff Minta Brown is the owner in fee of said land and in entitled to recover possession thereof.

VII. That the defendants are now in possession of said land and wrongfully withholding the same from the plaintiffs.

Wherefore the plaintiffs pray for Judgment.

1. That the plaintiff Minta Brown is the owner in fee of said land.

2. For possession & costs.

Minta Brown being duly sworn says, That the facts stated in the foregoing complaint as of her own knowledge over time and then states on information and belief she believes to be true.  Minta X Brown    Sworn to & subscribed before me this 9 day of April 1892.  Jno. D. Taylor, Clerk Superior Court, New Hanover County

In the 1850 census of the South Side of the Neuse, Wayne County: Ity Simmons, 40, born in Duplin County, with sons David, 22, cooper, and George, 20, hireling; all mulatto.  Also, Sally Bryan, 30, and her children Arimenta, 8, Penny, 6, Charley, 4, and Caroline, 4, and Charity Bryan, 70, perhaps her mother.  Arimenta and Penny were described as mulatto; the rest of the family, white.  In the 1860 census of Indian Springs, Wayne County, Minta Bryant, 23, and her children Mitchel, 4, Edith, 6, and Rufus Bryant, 2, all mulatto, lived in the household of James McDuffee, 41. [Was McDuffie the father of Bryant’s children?]

Ita Simmons Estate Papers, Estate Records, Wayne County Records, North Carolina State Archives.  US Federal Population Schedules.

5 chears, one cubbard, 3 bee gumes.

“Account of the Sale of the property of Matthew Aldridg Deceased sold by Joseph Hollowell Adm. on a credit of six months, Nov 20th 1868”

His widow [Catherine Boseman (or Simmons) Aldridge] purchased five “chears”, cart wheels and an axle, two tables (one small), two beds and furniture, “one cubbard & contents,” a clock, a gun, “3 Bee Gumes & work bench,” a tub dipper, kitchen furniture, a blind mare and two beehives.  Green Simmons, George Simmons and David Winn purchased tools, and “Robbert Aldridg,” who likely was Matthew Aldridge’s brother, bought the fourth and fifth beehive choices.  A note on William Carter for a $27.50 debt, due 1 January 1869, was described as doubtful.  The Application for Letters of Administration in the file notes that Aldridge’s heirs were John Henry Aldridge, Wm. Aldridge, Frances Aldridge, Della Aldridge, Mary Ann Aldridge, Joanna Aldridge, and James Thomas Aldridge.

In the 1860 census of Buck Swamp, Wayne County: Matthew Aldridge, 50, wife Catharine, 28, and children William, 10, John H., 16, Frances, 7, Delia, 3, and Mary A., 1, with James Boseman, 26.  All the Aldridges described as mulatto, and Matthew and James worked as railroad hands.  Matthew reported owning $200 real estate and $25 personal property.

Estate Records, Wayne County Records, North Carolina State Archives; US Federal Population Schedules.

 

We promise to pay.

On demand the first day of January 1848 we or Either of us do promise to pay John Lewis the Admr for ayres of urban Lewis decd it being for the sum of thirty dollars and fifty cents it for Rent of the land belonging to M. Husted lying on the East side of the Railroad joining James Kelly this January 29th 1847 test Obed Brock             Gray X Winn, Levi Winn, Adam X Greenfield

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

[Side note: Urban Lewis (1788-1846) was my great-great-great-great-great-grandfather. — LYH]