[The
following records were transcribed from copies found in The Barton Papers –
microfilm roll #258. Transcriptions
are as the originals appear – there have been no corrections for spelling,
grammar, or punctuation. Comments
of the transcriber appear in brackets [ and are frequently italicized.]
White, Emily
vs} P Cir C Pkg 83
Charles S. Clarkson
Mrs. Emily White
and}
Contract for hire of Slaves
Charles S. Clarkson
D.S. Clarkson
Will, Jordan, Richmond, Dennis,
Washington, Noah, Gabriel, Joe, Reuben, Ambrose, Moses.
Peggy, Fariny, Lucy, Winny, Mary, Ann,
Margery, Susan.
I bind myself
not to hire the above named negroes to any other person without permission from
the owner. I also bind myself to
keep them on a farm and not suffer them to attend at any distillery.
I also bind myself to pay their taxes to furnish them with the customary
quantity of winter & summer clothing Viz.
two shirts a piece for all
two pair of shoes for the men one
pair for the women and children 2
pair socks for the men one pair
stockings for the women two
pair summer pantaloons for the men one
summer dress for the women & girls one
pair winter pantaloon and coat jacket &c for the men & boys
one winter dress for the women girls & children
I also bind myself to pay the full value of any of the above named
negroes who may abscond beyond recovery provided I cannot clearly prove that I
have made every exertion to recover them.
We or either of
us do promise to pay unto Mrs. Emily White the just and full sum of $1125 on 1st
day of May 1839 for the hire of the above named negroes for the term of twelve
months.
(Witness)
Charles S. Clarkson
Norman Gray
by D.S. Clarkson
D.S. Clarkson
Hamilton[?] Million, Shff. Harrison Co.
certified May 7, 1839, the tax was 12 ½ cents on $100 of property.
9 of the slaves were over 16 years of age
& subject to tax.
22 Negroes valued at $8800.
________________________________________________________________________________________________________________
Lawson Oxley
P. Cir Ct. Pkg 201
vs} Petn.
filed Oct 10, 1865
Robert Jones
E H Samuels
That defts in 1864 unlawfully &c took from plff’s possn. four
slaves: Mariah age 23, and her 3
children: slaves were property of plff. & worth $1000 at the time. Prays for $1000 & $200 damages.
Carpenter & McClintock, for Plff.
Petn. verified Nov 7, 1865, by plff.
before J F Ware, CHCC
This suit began in Harrison Circuit Court
Ans. of R. Jones Apr 23, 1866, by W W
Trimble
That Mariah was wife of a negro man Lee and children were by reputation
his children, that he went into the service of U S Govt in early part 1864; that
this deft was U S Provost Marshall of Har. Co. & E H Samuels was U S Provost
Marshall for 6th Dist. of Ky of which Har. Co. was a part; that on
July 28, 1864, Jones, who was subject to orders of Samuels rec’d perevitory[?]
order in writing to send sd Mariah & children to sd Samuels office in Cov.;
that he read the order to Oxley, who said the woman & children would be
ready to go on next train in the morning;…Oxley consulted W W Trimble, &
Trimble wrote to Samuels & That Jones only read letter to Oxley – used no
force – that Oxley sent the negroes to Cov.
Jones says he had no option but to obey his superior officer; that
marshall law had been declared in Ky. & was then in full force; limitaiton
of 1 year pleaded.
Apr 23, 1866
application for removal to U S Court
E H Samuels sum. Oct 11, 1865 in Kenton
Co.
Robt Jones sum. Oct 20, 1865 in Harrison
Co.
Subpeonas for Plff – Har. Co.
T V Dills, C Walton, W L Northcutt, W S Haviland, Mrs. W L Northcutt, R J
Daviny, Jno. Marr, Mrs. Larken Garnett, Leon Cuson, Caleb Musser, Mrs. Leon
Cuson.
Subpeonas for Deft. Harrison Co.
W B Glave(?), Joseph Ward, W M Bayless, J F Were, W H McCloud.
Oct Term 1867 Dismd for want of
prosecution.
The case filed in Pend. Cir. (on change of
venue) Jan 22, 1866
Sarah Asberry
P Cir C Pkg 126
v} Petn.
Filed Mch 22, 1856
Records, Atty
George Glenn
a free man of color
1.
On Dec 28, 1854 plff hired to deft
for 1 year, 5 negro slaves, being his wife and children, viz:
Maria age 26 years worth $600, and her 4 children viz:
John age 12, worth $600; Milly age 10, worth $500; Jane age 6, worth
$400, and Belinda age 4, worth $300; amounting to $2600; and delivered to him
the possession of said slaves, in consideration of $40 the hire of one year from
the date of the contract. Afterwards
in Nov. 1855 the deft removed the slaves from the Comth of Ky and converted them
to his own use whereby the slaves became wholly lost to the plff.
2.
The deft agreed to pay plff $40 for
the hire of his wife and children for one year.
No part of it has been paid. Deft
is a non resident and has no property in this State, except a tract of land on
the waters of the Southfork of Licking containing 65 acres, on which a small
balance of the purchase money is yet due.
Sarah x Asberry
Sworn to June 9, 1856
Alfred Riley JPPC
Mch 22, 1856 Charles Duncan appointed
Warning Order Atty.
Attachment
Bond June 10, 1856
Sarah Asbury by John Childers her agent
R. Stowers
Attachment
levied on 65 acres land being same conveyed to James Ingels by G T
Talbot
&c and sold by Ingels to Glenn. Delivered
a copy to Frederick Femter the
occupant
thereof Mch 24, 1856.
J A Moore SPC
June 13, 1856.
Attachment again levied on the 65 acres, and delivered a copy to James
Larkin, the occupant holding under the Sheriff.
J A Moore SPC
May 2, 1856 Wm A Brann filed claim on note
of Geo. Glenn to J J Ingels for $172.28 for part of purchase money on the 65
acres.
Hauser, Atty.
June 5, 1856 James filed his petition
claiming that Glenn had bought the land from him by title bond, and had sold the
land back to Ingels who was now the owner.
Ingels was to pay the note held by Wm A Brann.
Fitzpatrick, Atty.
Spoe for Sarah Asbury: Wm G Woodson & Wm Johnson
Exd June 5, 1856,
J A Moore SPC
December the 28 185…twelve mos after
date i promise to pay Sarah Asby forty dollars for the hier of his wife and
Children for one year witness my hand and the same to be fed and clothed.
Test
John Childers
George x glenn
James J Ingels
To} Title
Bond Sept 8, 1851 $400 $140
paid
George Glenn a free man of color
On waters of South Fork of Licking about 2 miles above Town of Falmouth,
Beg at a large Sug near bank of South fork; then S 26-38 E 137 p. to 2 Sug on
hill side near top of a ridge; then S 85 E 61 p to Sassfs stump said to have
been a corner tree – original trees all down; then N 10 ½ W 154 p to stu.
(corner trees not standing) then S 84 W 38 p to stu on bank of South fork
(original trees all gone) then up river with meanders S 55 W 9 p; S 61 W 25 p; S
67 W 10 p; S 87 W 17 p to beg. contg. 65 acres.
$137 to be paid Mch 1, next.
$130 due Mch 1, 1853
quit claim deed, that being the kind of
deed I rec’d from Talbotts heirs.
James J Ingels
May 20, 1856
I assign my right to within Bond to James J. Ingels.
Ingels
George Glenn
Witness
by F G x Hughs Agent
Levi Coffin
________________________________________________________________________________________________________________
Wm A Brann
P Cir C Pkg 135
v} Petn.
in Eq. Filed Nov. 20, 1855
Hauser, p.q.
Geo. Glinn, a free man of Colour
James J. Ingels
Note $172.28.
May 18, 1855 to Wm A Brann, due Sept 1, next.
Attest Jacob Highfill
George x Glen
The debt being the balance of the pur.
Money due upon the land which said George pur. From J Ingels…upon the South
fork of Licking and upon which he resided containing 65 acres more or less
bounded as follows towit [repeats the
information above]
The deft George has eloped taking with him his wife and her children,
slaves, the property of John Childers or his wife Eliza as he is informed to
parts unknown and is now a non-resident of this State, and as plff supposes is a
resident of Ohio or some other free State or Canada.
The vendor of the land James Ingels assigned the equitable lien…prays
judgt &c.
Ans. of Glenn by H A Fitzpatrick appointed
to defend (June 10, 1856).
Denies each and every allegation.
Comrs Sale, July 7, 1856 to John Childers
for $221.64 for 29 ½ A.
Thos. E. Moore, Cmr.
John Childers transfers his bid for 29 ½
A to James H. Burber.
John Childers
Depositions taken May 2, 1856 at Falmouth
James J. Ingels.
I sold the land to Geo Glenn for $400.
He paid me at different times, all of it but $180 for which he executed
his note. I transferred the note to
Wm A Brann. Glenn has left the farm
and I suppose he has left the State. It
is said that he ran away with his wife & Children the property of John
Childers, and when he left he was living upon the premises.
James J Ingels
Jacob Highfill.
The note was executed in my presence and I subscribed as a witness.
It was a debt created for land sold by Ingels to him.
Jacob Highfill
Pend. Co. Sct.
Matthew Mullins Examr.
Wm A White
P Cir C Pkg 126
v} Petn.
Filed May 10, 1856
W W Trimble Atty
John Ingles
About April 23, 1856 plff pur. of deft. a
negro man named Henry, about 19 years of age, for $900.
The negro slave was to be delivered to plff & the money paid to deft
before the next Saturday evening (April 23 being on Wednesday).
Plff was making arrangement to raise the money to pay for said boy, and
deft told plaintiff that he could not get the negro man for $900.
Prays damage $200.
Wm A White
Har. Co. Sct.
Sworn to by W A White May 9, 1856
John Trimble Examiner Harrison Co.
Sums Exd on John Ingles May 10, 1856
T E Moore D.S.
Ans. June 2, 1856
W. C. Marshall, Atty
He never did sell his negro man Henry to plff at the price of $900, nor
upon the terms claimed.
Ingels had hired his boy Henry to plffs brother-in-law Thomas Corwin for
1 year from Jan 1, 1856 to end on Dec 25, 1856.
Plff had a difficulty with the negro boy while in possession of Corwin,
when deft proposed to sell the boy to him, and for him to whip him as he desired
to do.
White asked Ingels his price and Ingels told him $1000, to be paid the
Saturday thereafter $900, and satisfy Corwin for the time he had hired him.
Corwin had paid $100 to Ingels for the hire of said boy, which would make
the $1000 Ingels asked. White never offered to tender the $900 and satisfy Corwin.
John Ingels
Spoe for White
June Term 1856:
(Harrison Co.) Thomas Boyd,
L C Boyd, Ackd by T L Boyd
We of the Jury find for plff $25 in
damages.
Wm Johnson, foreman
______________________________________________________________________________________________________________
Comth [Commonwealth]
P. Cir. Ct. Pkg. 209
vs} Indet.
filed Apr 20, 1859
W E Arthur Com. Atty
Polly Ann Southgate, a Free woman of Color
Suffering Slave to go at large &c hire himself – in Mch 1859, being
owener of a negro slave Caleb Hitch, did permit sd slave to go at large and hire
himself out for his own benefit and the benefit of deft.
S M King Foreman
Wits for Comth:
Dr J. Wilson
Casper Sharp
Charles Broesuk (Braseke)
Jno B Rawlings
James Kennett
Geo W Jameson
Proceedings by Sums. To deft.
Exed’d Sept 29, ’59 J M
Curry SPC
Defts wits:
G.C. Lightfoot, John Southgate, Eliza Hughes (last 2, colored)
“We of the jury find the defendant Gilty.
S M Bonar, foreman”
Among the several instructions to jury
are:
(Refused)
If the deft. authorized & directed Caleb to hire himself to J B
Rawlings and rec. the pay therefor in clothing, the jury must find for deft.
Following instruction Refused.
They (the jury) must find for the deft.,
if they find that she was a free woman of colour, and bought Caleb as her
husband.
James and T.A. Frazer
P. Cir. Ct. Pkg 189
vs}
Petn. filed Mch 8, 1864
by
Boyd, Atty.
Elsey Hughes
Plffs are admrs. of John H. Frazer, dec’d.
Elsey Hughes is a free man of color; that
he and Paul C. Lair (who is now dead) executed their prom. note Sept 9, 1854 to
John Elliott, for $166.66 2/3; that Elliott assigned the note to John H Frazer;
(also a 2d note of same date, for like sum).
That deft executed Mtg. to John H Frazer on a female slave Julia Ann, who
at that time, and still is the wife of deft., that John H Frazer d. a res. of
Harrison Co., intestate.
Ans. filed Apr 20, 1864 by Records, Atto
That since Mtg was executed, deft has held undistrubed power of his wife
Julia, named in sd Mtg under contract with sd Frazer; that sd Frazer agreed to
cancel sd Mtg & note for services performed by Julis; that deft & Julia
resided at Fal. & she made frequent trips to Cynthiana, where Frazer
resided, and performed work for him – to amount equal to the notes, &c.
Judgement for notes & interest; but
right to foreclose the Mtg is denied. Filed
Oct 21, 1865
Q? Why
was enforcement of Mtg. denied?
President Lincoln’s Emancipation
Proclamation of Jan 1, 1863 did not apply to Ky.
The 13th Amendment to Court was in 1865.
Elsey x Hughes (a free man of Coler), of
Pend Co.
To} Mtg
Bk L-439 Nov 5, 1855
$100 and other consid’n
John H. Frazer, of Harrison Co.
A certain female negro Slave name Julia Ann who is my wife
“hath bargained and sold unto John H
Frazer of the Co. of Harrison & State aforesaid, a certain female negro
Slave name Julia Ann who is my wife. I
warrant the Title of said Slave that she is a Slave for life, and that she is
sound in mind and body”.
Whereas I purchased Said Julia Ann of one John Elliott for five hundred
dollars, & executed said Elliott three several notes dated Sept 9, 1854 for
$166 60/100 dollars each for the purchas money, the first two notes being signed
and executed by P C Lair as my surety, and all of which notes have been sold and
assigned by said Elliott to said Frazier now if said notes are paid then the
above bill of sale shall be null and void &c &c
Elsey x Hughes
Ack’d Nov. 5, 1855
M. Mullins Clk.
________________________________________________________________________________________________________________
[The
following is from the inventory of Francis Coleman’s estate]:
Appraisement Nov. 27, 1821
D-269
1 Negro woman
Winny
400.00
1 Negro girl
Nancy
250.00
1 Negro Boy
Charles
250.00
1 Negro Boy
William
200.00
1 Negro Boy
James
150.00
________________________________________________________________________________________________________________
[The
following is item 5 of Reuben L. Coleman’s Will dated April 26, 1858]:
5.
None of my slaves be sold or seperated from their husbands or wives.
I desire my slaves to be divided amongst my children & not to go out
of the family.
_________________________________________________________________________________________________________________
I, Constant Griffin of Pend Co. Ky. do hereby make my
last will & testmit in manner & form following, that is to say
1.
I desire that all my Estate bothe
Real & personal be immediately sold after my decease.
Out of the money arising therefrom all my Just debts and Funral Expences
be paid.
2.
I give Moses Lowe Five hundred
Dollars
3.
I Give to Samuel Stowers $100
4.
I Give to Minerva, the wife of R L
Coleman’s Black man Charley $300
5.
I Give to George Mourning $30
6.
I Give to Daniel Monday $100
7.
I Give to Sisly Stowers $50
8.
I Give to Charity Hobday $50
9.
and lastly I do hereby constitute
and appoint Moses Lowe Executor of this my last will & testmit in Witness
whereof I have hereunto set my hand and affixed my seal this the 13th of
Nov. 1855
F S Fugate
Constant x Griffin
J W Hume
I Constant Griffin of Pend Co Ky. do hereby make &
publish this Codicil to be added to my last will & testmit. in manner &
form following, to wit.
I give to T W Latimer $50 for waiting on
me while sick, & I allso wish to make some alterations in my will in Respect
to the $100 which I gave to Daniel Monday it
is my will that said Monday have nothing of my estate more than will pay him for
his services in waiting on me it is
my will & desire that all the rest of my Estate Real & personal Be it of
what it may not herein before mentioned go to my Executor for his Services.
I also desire my Exr. to take poss’n of all my estate immediately after
my decease & dispose of same upon such terms as he may think Best and
lastly, it is my Will that this my present Codicil be annexed to & made a
part of my last weill & testamit afrs’d in Witness whereof I have hereunto
set my hand & seal this 28th
of Dec 1855.
Att. E M Pogue, Jesse Briant
Constant x Griffin
Jan. 7, 1856.
Will presented in open Ct. & proved by oaths of R S Fugate & J W
Hume; & Codicil was proven in part by the oath of Jesse Bryant, and
afterwards on Feb. 4, 1856, was proven in full by oath of E M Pogue, the other
subscribing wit. Given under my
hand Mch 8, 1856.
M. Mullins Clk
________________________________________________________________________________________________________________
Cmth Ky. for use of
P. Cir. Ct. Pkg 209
Manerva, free woman of Color
wife of Charley, a black man
belonging to R.L. Coleman
vs} Petn.
filed June 25, 1859, b Hauser, p.q.
1.
James S. Hand, Surety on Exrs. Bond
of Moses Low…now dec’d late Exr. of Constant Griffin, dec’d a free man of
Color
2.
John McCoy
Exrs. of Moses Low, dec’d } Sums. to
3.
R. M. Low
Grant Co. June 1859
The plff Manerva (Minerva) says Constant
Griffin (a free man of color) died Dec…1855; left a will and codicil, &
were probated Jan 7, 1856, with Moses Low as Exr. who gave bond with James S.
Hand as surety. Appraisement &
Sale Bills filed; and on Aug 1, 1858 Moses Low made settlement of his accts as
Exr. before Jas I Hudnall Co Jdg. Which was approved Oct 4, 1858.
There remained in hands of Moses Low,
after paying all debts &c the sum of $747.57; that testator left $300 to
this plff. Manerva, which has not been paid, though she often demanded same.
Moses Low died, and John McCoy and R M Low Exrs of Moses Low.
Prays judgt for her legacy & for damages &c.
Appraisers of Constant Griffin’s Estate:
E M Pogue, Jacob x Asbury, and James x Thompson.
Appraisement Bill $490.85 – consisting of:
household goods, (1 Sugar chest & contents 2.50), sycles,
saddle-bags, gun fixtures .75; Tool box & tools $20.00, 1 Pistol $2.00,
cutting box $10, scythe & cradle; wagon; wheat $20; 3 Hay stacks $24’ 2
mares $175; Hogs $35; Corn & fodder $40; Gun, flask & shot bag $5.50,
saddle $15.
Ans of Jas S. Hand, Oct 20, 1859, by
Swoope Atto
Deft files true & correct copy of will; plff was pd her full share by
Moses Lowe during his lifetime; there was not enough to pay all bequests in
full, so Minerva was pd her proportion $204.86.
Sale Bill of Constant Griffin, Free man of
Color.
Names of purchasers: Feb 18, 1856
W Coleman
C. Coleman
W B Hildridge
L A Clifford
Sam Brock
Geo. Gordon
M. Calwell
John Leach
Minerva Coleman
Wm Hedges
T W Latimer
Wm T. Lowe
John Gill
Samuel Stowers
Charles Coleman
John Crouch
James Coleman
D. Latimer
Jacob Asbury Richard Johnson
Jas Wells (Wills)
E M Pogue
B. Moore
B H Wells
L S Carter
Samuel Henry
A T Shields
James Faulker
Dudley Justice
R. Asbury
H McNeese
A Leach
James Mullikin
James Garrard
Thos Corwins
James Moore
G B Dance
James F Lowe
Joseph Ingels
Patrick Finn
Joseph Huff
Memorandum among papers.
Amt of Estate, after paying all debts
$737.51
Whole amount of legacies in Will
$1080.00
The proportion of each legacy as fols:
Mose Lowe ($500)
is entitled to
$341.43
Minerva Coleman ($300)
$204.86
Samuel Stowers ($100)
$68.28
T W Latimer ($50)
$34.14
Charity Southgate ($50)
$34.14
Sisley Stowers ($50)
$34.00
Geo Mourning ($30)
$20.48
Receipts from Minerva x Coleman
$206.07
Given to Moses Lowe, and witnessed
$20.00
By John M. Thompson
$226.07