USA > Illinois > Johnson County > A history of Johnson County, Illinois > Part 23
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46
At this court, John Earthman was indicted for assault and battery on John W. Calvert, the same, no doubt, that married William Simpson Sr's. daughter. He was acquited. Next we have John Harris, who resided in Clear Creek Township, sueing John Barnhart for treaspass. This case seems to have run into a kind of attachment suit, Harris against J. Barnhart and J. B. Bailey, about a note that had been lost and found, and which read as follows, "November 26, 1813, Frederick Talbot and John Barnhart agreed to run the Darling filly, a dark chestnut sorrel, against a
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bright bay horse, 1-year old past, for $120.00 in good horse flesh, if not the forfeit is $30.00. A catch to be run on the 9th day of December, in Barnhart's paths .- John Barnhart Federick Talbot." The jury, was David D. Holder, Willis Standard, William Tripp, Charles Perrin, Joseph Smalley, beside others named before. The jury found for the de- fendants. The Weaver vs. Wilcox case grew out of one of them saying, that the other had run off his negro girl. This was frequently done by dishonest parties in the days of slavery. They would take negroes belonging to someone else, take them south and sell them. The following are from the March term of 1814. The first is a case of the United States against Isaac Jerett, on complaint of Susan Sampson about a club ax. This was orginally tried before Hezekiah West, J. P. George Butler was Jerett's bail. Richard Stiles and John Mackey were witnesses. Jerette lived in Center Township. This is about all that would be interesting to any reader at the present time. The next is a suit of Hugh Logan against William Robinson, which is another long drawn out case. Hugh Logan it appears was versed in the art of making powder and entered into an agreement with William Robinson, to build a powder mill on the west branch of Clear Creek. Logan was to teach Robinson to make powder and they were to work together. Logan was to have five pounds of every six of powder that was made, and Robinson was to have one of every six. Logan brought suit against Robinson in the sum of $1,000, saying that Robinson did not work or furnish any material but took forcibly all the powder. Logan was given $25.00 damages. The cost in this case was unusually large for that time, clerk fees, $42.701/2, for witness attendance, $8.22, attorneys fee, $2.50, sheriff's fee $40.321/2, jury fee $3.00.
Another suit at this court was that of William Hamil- ton who brought suit agaist John Barnhart of Cache town- ship. Joseph Lawrence of the same township and Moses Travern for assualt and battery. Abraham Smally was appearance bail for John Barnhart and Henry Giles for Moses Travern. Thomas Giles acting as deputy sheriff, G. W. Moore was the principal witness. The trial discription of this case is a little amusing and one gathers from the evidence that Hamilton was drunk. They first attacked him. The witness says that Hamilton "whooraid" for Gen-
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eral Washington, then Barnhart placed him in a chair, so that he fell out, then Barnhart wanted him to drink friends, which Hamilton refused to do, but drank more and hur- rahed some more, till William Lawrence came in, and said it was a shame, and that he would not have such doings on the Sabbath day. Hamilton, from the testimony, decided he would go to bed. Moore took him to a house and set him by the fire and went to bed. When Moore awoke, he heard Travern say, "For God sake, don't let him burn up," and pulled him out of the fire. Barnhart held a tallow candle to the fire and rubbed it on the said Hamilton, who was naked. The next morning I saw Joseph Lawrence tearing off Hamilton's overalls, about the seat. This is only part of Moore's testimony and is used to demonstrate the character of some of our early settlers and the part that the manufacture and sale of whiskey played in our early civilization.
Weir and Craig, as merchants, brought suit in this county against Samuel Simpson, 1813.
Very few women had lawsuits in those days, but Betsy (alias) Elizabeth, Keith sued Richard McBride, Thomas Green and John Tweedy, on a writ of replevin, for one sorrel mare, one woman's saddle, one bed, one blanket, six blue edge plates, six knives and forks, one coffee pot and Delph dish, valued at a $130.00. She obtained a judgment of $200.00 then William Miller appeared as an attorney in the case and had the judgment set aside, because fifteen days had not elapsed between the time of serving the writ and the convening of the court. Peter Stalcup complains of Henry and John Earthman in a plea of covenant broken. Absalom Stalcup is defendant in a case of trespass. A case of selling whiskey without license, in less quantities that a quart, was brought by the people against Sarah Bunts, probably the first case of this kind in the county against a woman. James Markham was indicted for as- sault and battery on the complaint of Jesse Terry, Sr. The jurymen in this case not mentioned before were Joseph Fisher, Gilbert Noble, Joab Ratcliff, and Robert Miller. "Sarah Medlock vs. John Mackey, treaspass." In a case of a note given by Isaac D. Wilcox to Moses Rhodes, 1811 and attested by Jesse Beak. Some of the juriors were Amos Howard, Samuel Wooday, George Matheny and R. H. Loyd. The next suit was about an order which read
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as follows: "Sir: Please pay to the bearer, Hugh Logan 430 pounds of saltpeter, and oblige and soforth-Joseph French to Henry Skinner. Test. T. F. Clark." The follow- ing has been referred to in the county court records, Hoseah Borin sued John Bradshaw to recover one negro woman, a slave, and one negro man and child, and a slave, Abram of the price and value of $600.00. It appears from the records these slaves had belonged to Basil Borin who died in 1812, and Hoesah Borin, the administrator claimed that Brad- shaw, was detaining them fraudulently. William McDaniel, David Cotner, George James and John Carter are new names on the jury in this case, and Bradshaw was exoner- ated. * Susannah Borin brings suit against Issac D. Wilcox, covenant broken. On examination Wilcox admits he re- ceived three negroes for which he was to pay $300.00. The new names on this jury were Richard Messer, and Ebenzer Killough. Through some turn by the attorney, Susannah lost the case and had to pay the cost. The Borins were rather unfortunate with their slaves.
Another case was Elisha Spivy and Elizabeth Elkins vs. John Elkins. This was copied from book No. 1 of the cir- cuit court records for the years 1813-14. J. Finney was the clerk and the writing is very legible, although written one hundred and ten years ago. The following is copied from record No. 3, and begins with the May court, 1818. The names of the grand jurors are given first, James Bain, foreman, John Copeland, David Shearer, Joel Johnson, Ben- nett Hancock, Millington Smith, D. Simpson, Squire Choate, Davids Elms, Hardy Johnson, John W. Gore, John Bridges, James Sutten, Richard McGinnis, William McNorton, Wm. McFatridge, J. S. Graves, John Peterson, Adam Har- vick, William Gothard, and Alexander McGoawn. The fol- lowing are some of the cases, and jurors, but only those that have new names connected with them are used. Ezekiel Able vs. William Boner, on the jury were William Porter, John Jennett, Jesse Echols. Contestants, King Hazel vs. Luke Williams; Joshua Whittington vs. Andrew Kidd; Mathew Peck vs. Thomas Furguson; James B. Mc- Call vs. Furguson; Nathaniel Pope vs. J. A. Whiteside; John Parmer vs. Linkhorn Harper; James Letcher vs. Hugh Craig; Susannah Price and Joseph Palmer vs. James Worthington and Levi Hughes, T. S. Slaughter vs. Elija Bryant; Wm. Morrison vs. W. Hukam, Joseph Taylor vs.
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Daniel Ritter. Some new names on the petit jury were Jeremiah Lysemby, Benjamin Curley. Patsy Fisher and Owen Evans vs. R. Heacock; Mary Weaver, John Thornton and Hezekiah West vs. I. D. Wilcox. On the grandjury of October, 1819, the name of Rix Carter, John Grissum, Thomas Doyle, James Jones and Aaron B. Brown. The Hon. William Wilson held the November term in 1819. Some new jury names were Milton Ladd, John Grisham, John Oliver, and Henry Mangum. The first courts for 1820, there are few changes in the names of jurors and some of the parties bringing suit were Francis Geehan, William Hendry, Thomas Dial, Henry Osborn, Joseph McCorcle and Robert Little. Wilson, Marshall & Co., John P. Hogan and W. H. Ashley all had suits against I. D. Wilcox in this court, also Thomas Sloo, Jr. Wilcox had more lawsuits than any other one person in these courts, and S. J. Chap- man, Sr. is possibly second. The court of 1822 shows T. C. Brown as judge. Two new names as grand jurors, Thomas Dunsworth, and James Sitter. (At close of this court, John Oliver is allowed four dollars for four days attendance at the last court as sheriff, and James Finney is allowed $30.00, his annual salary as clerk of this court, and $12.00 extra expenses.) The only new names as jurors at the April term for 1823, were Levi Casey and Reuben Wright. Some of those having cases were Daniel Field, Spencer Grogan, Lewis Vemont, John Elkins, Pennington Moss, Isaac Ralston, and Polly Sutten. September court, jurors not named before A Rice and Elias Harrell. Robert Lott, J. E. Willis, James White, James Brown, Richard Cox, Wheeler Bevins, Joshua Elkins and Sally Cooper were de- fendants. Irvin Morris and Lucius F. Gibbs were new plaintiffs. At the May term 1822, the Hon. Samuel Mc- Roberts was the judge. New names as jurors were John Henderson, W. B. Smith, Ira Hitchcock, and Mark Rentfro. The only new names appearing in cases were Samuel Vol- ner, Able Larrison and the officers of the State Bank of Illinois. The Hon. Richard M. Young, was presiding judge at the October term, 1825. One new name as juror Abra- ham Jobe. The names of William Slack, Robert Axley and Henry W. Mound appear as petit jurors. D. J. Baker was the circuit attorney. James Brown, James Westbrooks, Joseph Huddlestone, Abraham Baker are the only new parties in law suits. The same officers have charge of May term for 1826. No new names as jurors. "On the 27th
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day of May, 1826 personally appeared before me David McNeely, a resident of Johnson County, aged about 72 years saying he enlisted for the term of three years on the 12th day of April, 1777, in the state of Virginia, in the company commanded by Capt. Adam Wallace, in the 7th regiment, commanded by Col. Heath, in the line of the state of Vir- ginia, that he continued in said corps till some time in 1779, when he was discharged from service in the state of North Carolina. He stated that his name was not on any state roll, that he had not applied for a pension before because his circumstances, although not affluent, had been easy, but by misfortune and sickness, he had been reduced to the necessity of asking a support from his country. He swore he was a resident of the United States on the 18th day of March, 1818. He stated he had not given away his property in order that he may get a pension. His property con- sisted of one suit of wearing apparel, valued at $3.871/2 Richard M. Young ordered the clerk that it be certified that it appeared to the satisfaction of the court that the said David McNeeley did serve in the Revolutionary War." This is not the full text but the main points in it. There seems to be quite a contrast in the way men look upon taking money from the government now and one hundred years ago. On the same day J. D. Simpkins, a resident of Johnson County appeared before the court saying he had enlisted for the term of three years on the 13th day of October, 1777, in the state of New York, in the company commanded by Captain John Randolph, of Col. Henry Lee's Light Horse, commonly called the Legion, in the line of the state of Virginia, in the Continental Establishment, that he continued to serve in said troop until the 14th day of 1781, when he was discharged from service. He gives his rea- sons for applying for a pension and subscribes to some other forms required. Then follows a schedule of his pos- sessions : four cows and calves, valued at $20.00 ; two steers, valued at $16.00; one lot of hogs, valued at $20.00; house hold furniture at the value of $30.00; crop of corn and provision on hand, $30.00. This is also sworn to before Richard M. Young, Judge, and the court certifies that he is satisfied that John G. Simpkins, did serve in the Revolution- ary War, and ordered that the clerk so certify. On May 27, 1826, Samuel Gardner, a resident of Johnson County, applied for a certificate for a pension from the court. He also enlisted in New York in 1777, in the company com-
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manded by Marisus (if deciphered correct) Willis, Lieut. Col. of the regiment commanded by Col. Gansofort in the line of the state of New York, and was discharged the 4th day of June, 1784, in the state of New York. He has not applied heretofore because he was able to support himself by his labors. Old age and sickness reduced him to the necessity of asking his country's aid. Then follows the usual form and schedule of his property, one rifle gun, valued at $10.00; one hoe valued at 50c, one ax valued at 75c. The judge ordered the clerk to certify that he was satisfied that Samuel Gardner did serve in the Revolution- ary War. From these records it appears that we had other Revolutionary soldiers than those whose graves have been marked by the D A. R. At the October term, 1826, there are two names on the jury list we have not had before. Martin Howell, and James McKee. Sidney Breese was the circuit attorney, having failed to attend D. J. Baker was appointed in his stead. John Shearer was constable. Jesse Fain was excused from jury duty. James and Polly Sittow were divorced at this court by a jury, and Polly was pro- hibited from marrying again for two years. Athony Ensor was a defendant in this court.
At the April term, 1828, William J. Gatewood was District Attorney. The new jury names were William Parker and Solomon Stephens. The new parties to law- suits were William Allard and J. C Willard. At the Octo- ber term of this court one new name as juror, John Sims. The name of Amos Lacey appears connected with a lawsuit. At the May court, 1828, Jacob Keisler and Robert Kerley are new names as jurors. Pleasant L. Ward, Phillip Cor- bitt and Elias K. Cotton are the new contestants in law- suits. At the April term, 1836 the name of William Mount appears for the first time as a juror. Richard Elkins and Francis Kincannon were excused from duty. In this court there appears a record as follows. "This day appeared in open court, Washington Thompson, a man of color, and presented a certificate of Bennett Jones, Sheriff, of John- ston County, certifying that he, the said Washington, had been aprehended as a runaway slave or servant and com- mitted to the jail of said county by Ivy Reynolds an acting justice of the peace, in and for said county and that he had been dealt with according to law, and hired out from month to month for the space of twelve months, ending the
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26th day of December last, 1835, and that no owner had appeared in the said time, to claim the said Washington Thompson. It was ordered that the facts be and are here- by certified and made public, and it is hereby ordered that said Washington Thompson shall be deemed a free person unless he shall be, lawfully claimed by his proper owner or owners." Elias Holmes, W: C. White, J. N Modglin, and David Harper were new jurors. William McGee was a defendant in a suit brought from Pope County. Some other names connected with this court were Allen Pruett, - John Jackson. Record 1, page 30, December 1, 1811, David MacElmunny, debtor to John Greething. April term, 1813. Joseph Conway, Dept. Atty. General, a suit was brought by John Prichard, assignee of Hugh Logan vs. Henry Skin- ner, Isaac D. Wilcox was security for the cost. Accom- paning the declaration was an order to-wit. "Sir please pay the bearer Hugh Logan, four hundred and thirty-two pounds of saltpeter, and oblige and soforth, Joseph French to Henry Skinner, Test. Thomas F. Clark, July 12, 1811." On the back of this order was the following to-wit. "I do assign over the within order to John Prichard in secur- ity of thirty dollars to be paid on or before the first day of June next, April 14, 1812, Hugh Logan. The within order is accepted by me, Henry Skinner, July 12, 1812, Test. Joseph Shaw. This note shows another legal tender to be saltpeter.
November term, 1814, William Daniel vs. Daniel Vin- cent, trespass, John Spann and Charles Murphy were secur- ity for the cost. July term, of court 1814, held at the house of John Bradshaw in the town of Elvira, Johnson County, Illinois. One case was Henry Buckentaff vs. William Simpson growing out of the following, to-wit: "On or before the first day of August next I promise to pay Henry Buckentaff two hundred and thirteen and a half bushels of good dry salt, delivered in good barrels at Shawneetown, it being for value received. As witness my hand this 6th day of February, 1811, William Simpson, Test. Daniel Head." Then follows the indorsements "I assign the within note to Nathan Hern, without recourse, July 12, 1813, Henry Buckentaff, Test. William Daniels." Asignment two "I assign my right of the within note to John Venton without recourse, July 12, 1813, Nathan Hearn Test William Daniels." Third assignment, "I assign my right of the within note to John Stilty without recourse,
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September 21, 1813, John S. Venton." Since this note had done duty in so many hands perhaps it would be of interest to know that Simpson paid Buckentaff $174.00 and the cost of the suit, apparently salt was also legal tender.
At the November term, 1814, John King and Williams Styles are required to answer to a charge of treaspass at the complaint of Elisha Spivy who lost his horses and these men found them. He accuses them of selling his horses and knowing they were his. The jury that was called had John Teddford, S. Snyder, Jacob Hunsaker and John Wood- land, whose names have not been copied on jury service be- fore. The jury allowed Spivy $50.00 damages when he had sued for $1,000. The next is the case of John Sharp and Joshua Talbot, administrators of Frederick Crice. They brought suit against Catherin Crice. It was a plea of debt for $370.961% and damages $150.00. Samuel Penrod was her bondsman, Russell E. Heacock, attorney for Sharp and Talbot entered a complaint stating that the said plaintiffs had obtained a judgment against the said Catherine Crice in Butler County Court, Kentucky for the sum of $360 at a court held before the judge of said county, August, 1813, by their Atty. John Brethell, which had never been satis- fied. The debt was originally $700. She had promised frequently to pay Frederick Crice which she failed to do. After his death she still promised to pay his administrators, but failing they brought suit for $700. In the November term, 1814, Catherine Crice appeared at Morgantown, But- ler County, and says "the action ought not to be as the estate owes her $400 for clothing, washing and lodging the infant children of the deceased." At a later court held in June. 1815 her attorney, Delaney, filed a claim as having paid the debt. This case was brought before a jury in Johnson County, Illinois, October, 1815. The debt was allowed and damages was $45.00. A writ was issued against Catherine Crice's property. The writ was returned, no property found, 'I. Morris, Dept for T. Furguson.' Cath- erine Crice was ordered put in jail September 15, at the instance of John Sharp and Frederick Talbot as adminis- trators of the estate of Frederice Crice.
The following year Catherine Crice took advantage of the law of this state for debtors as referred to in "Customs" Daniel Groves, at this court brought suit against John Borin, and Thomas Littlepage for a judgment he had ob-
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tained in the Livingston County Court, Kentucky. Christ- phor Thompkins was his attorney. In 1807 a writ is issued against Thomas and Benjamin Littlepage in Livingston County Court, held at Russelville, Kentucky. Armstead Morehead, clerk, Wiley J. Barner, Sheriff, 1808.
These cases came to our court for the reason that many of our settlers came from that state. William Eastin and Johnathan Magnus appear as contestants in the next case. A writ issued against Eastin from the state of Tennessee, requiring him to appear at a court held in Nashville, 1812. The administrators of Joseph Eubank's estate sued James Tolly and Charles Perry for debt. At a court in 1815 we first have the names of John Damron, John Witt is the com- plainant in this case, which is called "oraton." It appears the suit originated through a bill of sale of property that John Witt had made over to Nellie Witt, his wife, and six infant children. The case was continued at the October term, but the odd feature about it is, the number of the Perry family that are summoned to court. Wm. Perry, Sr., and Jr., John, Enoch, Hiram and Solomon Perry with John and George Damron. There is a case in the June term, 1816, over a note given by Isaac Wilcox in 1810 to John Stead. James D. Johnson bought the note, then Russel E. Heacock bought it, and William Osborn was security for the cost, James S. Dorris signed the writ as sheriff of John- son County. James Malcom brought a suit in the Novem- ber term, 1816, trespass against Jesse Terry. The Jury was D. T. Coleman, Foreman, John Elkins, John Spann, John Tedford, Solomon Snyder, James Abernathy, John Wood, Jeremiah Murry, Thomas Prichard, Jacob Hunsaker and William Penny. In October, 1817 Squire Allen sued Jesse Parker for debt. At the May term of court, 1818, David Usher brought suit against several men whose names have already been mentioned for assault and battery. Thomas C. Brown held the November court, 1819, Samuel Langdon, assignee of James Frazer, suit vs. Wilcox. This record extends from October, 1814, to May, 1818, but the names occuring in the different cases are all familiar.
There is and old execution docket in the circuit clerks office giving all the cases from January 1, 1818-28. On the inside cover of one of these old records is a note perhaps a joke, as there was no date, "On demand I promise to John McIntyre, five good negro boys and farm S. C." Another
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entry that seems to have no connection with this county is, Augustine G. S. Wright, sub-agent for the Fever River Lead Mines, Dodgeville, Joe Davis County, Illinois. Then follows the names, Gen. H. Dodge, and Col A. G. S. Wright. On this docket, November term 1820, it is re- corded that James Finney had been indicted for A. S. B. not being familiar with legal abreviations, on investigation, it was found to mean, assault and battery. Finney being an officer of the court, this was quite unexpected. He plead guilty and was fined twelve and one half cents.
The grand jurymen for the October court, 1829, were Joseph Kuykendall, Foreman, John Bain, E. W. Campbell, Alvin Cross, Allen Choate, Isham DePoister, William Elkins Frederick Graves, Abraham McGowan, James Miles, George Lile, John Standard, William Taylor, Thomas Gore, Mar- shall Hale, and Josiah Raign. The first case is against Daniel Chapman, the next Archibald Goodman, Elias K. Cotton, John P. Finney, Jesse Canady. At the April term, 1830, the names on this jury not mentioned before were John Axley, James Boswell, Hardy Cooper, Molton Carter, Harris Hart and John Goddard, T. C. Brown was the Judge and H. J. Eddy the attorney. Jesse Williams, Samuel Ox- ford, Jacob Kiester, and Henry McHenry were the defen- dants in this court. The. grandjury returned with two in- dictments. The unfamiliar names at the October term of court, 1830 were, jurymen Abraham Niel, Louis Pankey. Thomas Moore, Nathaniel Buckmaster, Rebeca Caswe were defendants in cases of this court. At the April term, 1831, the new jurymen were James Gershon, B. S. Enloe, and David Harper. Fannie Holmes, Lot W. Hancock and William Lewis and some others who have been mentioned had cases in this court. April term, 1832, William Rich- ards, Moses Shelby, are the unfair names of jurymen. Mathew Blackwell, Peter May and Phillip Hargrave had cases in this court. At the April term, 1833, Stephen and Mark Rentfro, James Emerson, and Jeptha Wise are un- familiar Jurymen. John DeWit, Robert Fortenberry, Henry Tolson, Robert and John Diterline. P. W. Harring- ton, William Mathine, Ward and Ensminger, Jacob Gram- mer, Charlton Fairless, John L. Coper, Timothy Hayes. William Peterson, Warren Grisham, Solomon Gibson, John Betts, Sally Temple, Nancy Dyke, Jacob Sammon, were either plaintiffs or defendants at this court. Also the fol-
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lowing record: "This day William Wiggs, a soldier of the Revolution, by James Evans, his attorney came into court and presented his declaration and affidavit with certificate and affiidavits of Hezekiah West, James Jones, Sr., Clergy- man, and John Sims, certifying of their knowledge regard- ing his service and veracity and truth in order to entitle him to the benefit of the act of Congress of June 7, 1832, which is ordered to be certified, with county seal annexed." His pension was allowed. The next court was November, 1833, G. W. Youngblood is the only grand juryman not mentioned before." Harry, a colored man, this day came into court. The said Harry, by his attorneys, Dougherty and Dunn, and moved the court to restrain Owen Evans, his supposed master, from removing him without the juris- diction of the court, "which motion is continued." "This day A. P. Field, Esq. came into court and moved the court for a rule upon the sheriff of Johnson County to show cause why he does not return to Owen Evans the property at- tached (a certain negro man) which had been attached as the property of the said Evans, in which attachment special bail had been filled which motion was continued." This shows how late slavery was permitted in this county and what liberties the owners took with their slaves.
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