Circle of Love by Clay Wright
RUNAWAY SLAVE CASES
Jas P. Patton P. Cir. Ct. Pkg 178
vs} Appeal from P. Co. Ct.
Proceedings had before S. Tho. Hauser,Presiding Judge of P. Co. Ct. St. of Ky. Dec. 4, 1862.
Upon motion of Release a negro Boy Lewis in Jail as a Runaway, withoutpaying the Taker up the reward allowed by law.
Thursday Dec 4, 1862 The parties appearing and being heard by their Testimony&c it is adjudged that the motion be overruled and the Deft. recover hiscosts of the Plff in the motion expended.
S. Tho Hauser PJ PC Ct.
Appealed to Cir. Ct. Jan. 9, 1863, M. Mullins, surety.
Notice of orig. motion served by C BWoodson, S S[?] fpr K < Cirru/
Wits for Bailey Johns: Luther Watson & Francis P. Craig, subpeoned Dec, 1862 byJ M Curry S.P.C.
Jan. 9, 1863 Appealed filed
April Term, 1863, Dismissed at PattonsCost
Isaac T. Martin (son-in-law) & P. Cir. Ct. Pkg 156
Susan Woodyard, Admrs (widow)
of Thomas B. Woodyard, decd
et al (heirs)
v} Petn.Filed Apr. 21, 1859 Marshall & Cleary Attys.
The Covington & Lexington RR Co.
and Jacob Van Dine
The Admrs were appointed in HarrisonCounty Court, for the estate of Thomas B. Woodyard who died in Harrison Co. in1853; his will was probated in 1853, and the Executors failed to qualify.
Thos B. Woodyard was owner and in possession of a negro man slave namedTom…
on the train of cars which left Lexingtonon day of April 1859, deft Jacov Van Dine was the condctor on the train…thedeft RR Co. and Jacob Van Dine permitted said Slave Tom to go as a passenger onsaid afternoon train, from Lexington to Covington on April 1859 without the written request of plffs, and unaccompaniedby plffs. The defts illegally andcontrary to law or consent of plffs, transported their said slave as a passengerfrom Paris to Covington…whereby said slave escaped from State of Ky, and isnot at large,…and is now hopelessly lost. Said slave was wroth $…and plffs have spent a large sum of money…inprudent efforts to recover their said slave…
Prays judgt for $2000.
Sums Exd Apr 21, 1859 on Jacob Van Dine& A S Welsh Afent for the Cov. & Lex RR Co in Harrison Co.
Exd Apr 22, 1859 on John T. Levis Pres. OfCov. & Lex RR Co
W B Glave DS for J Shawhan SHC
(Sums issued by WS Wall, DC for J.S. Boyd,Clk Harrison C.C.)
Nov 6, 1859 Suit transferred to Pend. Co.for trial, on petition of Jacob B. Van Dine one of the defendants.
Ans. of Cov. & Lex RR Co. May 12, 1859 JR Curry Atty
Denial by C.A. Withers, Supt. Cov. & Lex. RR Co.
Ans. of Jacob B. Van Dine May 12, 1859
Admits he was the conductor on Cov. & Lex. RR train, from Lecingtonto Covington, but he neither suffered nor permitted plff’s slave Tom to go asa passenger…as charged in petn. Denies &c…
J B Van Dyne
Amed Ans. of JB Van Dyne May 16, 1859. Curry,Ward & Trimble, Attys
He does not know if the slave Tom escaped from Ky.; does not admit thatplffs made prudent efforts to capture said slave…
Affidavit of Jacob Van Dine Nov. 11, 1859
He believes he cannot have a fair trial in Harrison County, because ofthe odium which attends his defense in this county at this time…He does verilybelieve that the excitement of the public mind against the Covington andLexington Rail Road, in consequence of the facilities with which runaway slavescould be transported over it, at this time is such that he could hav no prospectof a fair trial in this county, that the excitement is of very recent occurrencefrom real or immaginary danger to Slave property in this & other places.
J B Van Dyne
Depositions taken Oct 24, 1859 inCovington
J C Thomas M.D. I reside in Covington; have practiced medicine about 9 years.
A negro man that has syphilis in thetertiary form not worth any thing for service…
I have practiced in the Counties of Woodford, Bourbon, and towns ofVersailles & Paris, and for the last 9 years in the City of Covington.
When Syphilus is of long standing…when in that state the slave is worthbut very little…
J C Blackburn
Capt.Edward Air. My residence is newport. Iam in the Horse business at this time.
The slave Tom cane to the Newport Ferry about first of April 1859. He wanted to cross the river & showed me a paper which seemed to bean abstract from a will, which purported to give a negro his freedom at thedeath of the testator. I did not take him over the river but returned him to theKentucky shore. I would not havepassed him myself but if I had not been there he might have been passed. I think the name “Tom” was in the paper and was signed by John C.Trimble.
I was then Captain of one of the Newport Ferries. The negro got on the boat in the evening between 7&8oclock – it was after dark. Hegot on the boat on the Kentucky shore. Itwas on Saturday night I think. Ithink the paper was dated at Cynthiana. Iasked him where he came from & I think he said Cynthiana. I never had seen the boy before.
I was told by a Lawyer in Newport that I had no right to cross a negro onany kind of paper – having had some words with Lieut jessup because I wouldnot cross his boy on a note written by him.
I supposed from the way the paper read that Trimble was the owner of theboy…
Att. Joe M. Kennedy Examr for Kenton County
Spoes [Subpeonas] for Plffs Martin &c
MayTerm 1859: (Harrison Co.) Wm Foley, Wm Jordan, John B.Righter, Samuel F. January, John Redmon, D A Givens, Henry F Cromwell, Dr.Adair, Dr. Gribbon, B F Remington
NovTerm 1859: (Harrison Co.) Dr. J.C. Frazer, Dr. H.W.Frazer, Dr. W H Adair, B F Remington, John Redmon, David Givens, Wm Jordan, JohnB. Righter
AprilTerm 1860: John B Righter, Dr. J.C. Gribbon, John Redmon, Dr.W H Adair, B F Remington, D A Givens, Dr. J.C. Frazier, Benson Roberts, J F Love
Spoes for Deft Lex & Cov RR &c
MayTerm 1859: A L Thompson, John H Frazer, Dr. A. Addams,Benson Roberts, Henry Cromwell, Joel C. Frazer (Bourbon Co), Joseph Northcutt(Joseph H. Northcutt not found)
Nov. Term 1859: (HarrisonCo.)
(Bourbon Co.) Riley R McCormick
April Term 1860: (Pendleton Co) Thomas McDonald, (Harrison Co) John A.
Kirkpatrick,Saml F. January.
(Bourbon Co)Joseph Northcutt, Abram spears, Riley McCormack, A L Thompson
[Transcriber’sNote: The verdict in this case wasnot included by Mr. Barton.]
June 6th 1864
A report to the Pendleton County Court as to a runaway slave Henrycommitted to Jail in Pendleton County Ky a negro man who calls himself Henryabout 30 years of age & Claims to belone to Dr. Yate of Tennessee & alsoclaims to belong to other Masters, who has been duly advertised for one month bythe Jailer of Pendleton County Ky and one month after the commencement of theadvertisement having expired without Slave being claimed see advertisementherewith filed.
Note. Copy of the advertisement attached to the report, concluding with noticeto the owner to apply for, prove his proerty, pay the fees and expenses and takehim away, in conformity to the laws of the State of Kentucky, otherwise hw willbe dealth with according to the same.
April 8, 1864 F.P. Craig, J.P.C.
Nothing on the clipping indicated the nameof the paper containing the advertisement.
a free man of color
vs} Petn. filed Sept 1, 1866 Ireland& Duncan
Note. $205.04 July 23, 1866 due in 30 days
Ans. Oct 18, ’66, by Marshall & Lee
The note was executed without consideration ether good or valuable. The plff. was a colored man, the property of henry Hall, of Courbon Co.,being a slave os sd Hall, ran off from sd Hall & was passing down the RRfrom Bourbon Co. through Pend Co. to Cinti O., & defts Eli Mullins 7 EPWillett, in fall of 1864, captured sd Plff. with his wife & 2 children, asrunaway Slaves – and learned that they belonged to sd Hall, & they gaveinformation to sd Hall, when he requested them to return sd children to himwhich they did & demanded from him the reward from the capture of sd slaves,when he sd Hall, directed sd Willett & Mullins, to demand & take whatmoney he had stating that he had from two five hundred dollars – and paythemselves for sd capture six…which was give hundred dollars – is stated inpersuance of sd directions & order in the fall of 1864, which was the timeof sd capture, they did demand from plff $180, the sd Mullins & Willett eachgetting sixty dollars a piece & Thomas Lovelace $60 – this money was theproperty of Henry Hall, & taken by his order & directions. In july 1866 Thomas Hardiman acting as an appointee of the GreedmansBureau, notified sd Mullins & Willett unless they gave the note sued on toplff. with T M Rouse as security or pay the money with interest and damages hewould be compelled to send them to Louisville & it would cost them athousand dollars…they were forced to execute sd note – this being the onlyconsideration for sd note – which sd matters they plead & rely upon as abar to plffs. recovery.
Verified by Eli Mullins & E P Willett,Oct 18, 1866
“We the Jury find for the Plaintiff $2054/100 the amount of the note sued on.”
N. Clay Dills Foreman
Witnesses for Plff. T M Rouse, Geo. Orr, M. Hightower, (Capt. Hardeman KentonCo.)
Defts Wits: M.M. Hightower, Berry Hall, Thos. Lovelace, Henry Hall, Bourbon Co., Dr.Bryson, C C Bryson, J C Mulford, School teacher, Stephen Mullins.
Affidavit, Eli Mullins & E P Willett,Apr 21, 1868
They can prove by Thomas Lovelace that plff. was. at the time the moneywas taken, was a slave, belonging to henry Hall of Bourbon Co; that when sd notewas given, the soldiers or the officiers of the Freedmen’s Bureau had arrestedWillett & Mullins & threaatened to take them immediately to Louisvilleand put them in a military prison, unless they fix up the matter satisfactoryand either pay the mondy or execute the note. The officers that arrested them (one Mr. Hardiman) threatened to takethem off to Louisville immediately, and probably would have to remain there fora long time before they could get released if the matter was not settled. That Lovelace will testify that he went to Bourbon Co. with Eli Mullinswhen he took the children of plff back to their master Henry Hall…
Attachment issued for witness Geo Hall totestify for Plff. Oct 1867.
Returned not found. Another attachment issued for him Dec 1867, and he was putunder bond with A. Thrasher, surety.
Instructions of Court – 1. If the money for which the note was given, was taken by direction of themaster, and in payment of a demand he recognized to his master…Plff has nocause of action.
2. If not executed through fear orcoercion – find for deft.
Deposition Jan. 29, 1867 at Cov. ThosLovelace – Plff told witness the note was for money that Willett & Mullinstook from him, said that Mat Rouse (T M Rouse) had gone security on the note. Spenser Harrison, wife, & 2 children were fetched to my house oneevening ab. Dark; & Willett & Mullins wanted me to keep them. Willett & Mullins took some money from them, & they said it wasby order of their master, by letter. Itook two children to their master in Bourbon Co. Mullins went with me. Hallsaid he never intended to fetch the negroes back. In his letters he told Willett & Mullins to pay themselves well outof the money they took from Harrison & wife. Witness then lived right this side of Demossville Bridge, 200 yds frommo. of Gr. Crk. Kenton Co. Thenegroes were at my house 3 or 4 days, & after children taken back, he &wife stayed 10 or 12 months. One ofthe children d. in Bourbon Co. & master gave other to its mother. I was in Army at time, & when I cam home the child was at my house.
I cannot tell whether it was the 3d or 4th night after theycame (the negroes) that the money was taken – but it was before the childrenwere taken up (to Bourbon Co). Twohundred and two dollars were taken. Spencerhad a little of it & his wife had the rest in a Jacket she had around her& it was sewed in that or fixed in it some way.
Mullins & Willett came about 9 or 10 oclock at night and produced theletters. I could not read &they did not read them. They saidthey were authorized to take this money by the Master & pay themselves fortheir trouble. They demanded themoney & Spencer Harrison pulled out what he had & come in the room &said “Teen give up the money” & she gave it up. They made no threats in particular but either Willett or Mullins saidgive up the money or we will unrip every thread on the garment if they did not. I believe the night the money was taken away, Mr Willett said somethingabout taking them across the Ohio river – but Spencer Harrison said he did notwant to go there or any where.
The letter (from Mr. Hall) did not say to fetch but these two children& not to let the old folks know where they had gone. Hall read the letters – both of them – to me when dinner was gettingready – as I cannot read. Hallasked me, before we left, how much money Mullins had got, & I told him $202& he said he thought Mr. Mullins ought to be satisfied with that – but hesaid he would take us to town & tried to catch his horse but could not &we went on. Hall came to town &got the letters & took them to his lawyer & his lawyer read them &told him he would have to pay them what the law allowed but I don’t recollectthe amount he stated. I didn’thear Mullins deman any money of hall.
Mullins & Willett were arrested in latter part of last summer Ithink. I was not present when thecompromise was made, but I heard an offer before I left. Mr. Willett made an offer that he would settle in anyway that three mensaid – namely: Mat Hightower,Matt Rouse, & George Orr. Isuppose they fixed it, but I don’t know. Mr. Willett said he felt very bad about the matter & that the moneyought to have been paid long ago. Twenty-sixdollars were returned to the negroes. Mullins& Willett paid me fifty dollars, for my services in taking the children upand back & what I done, feed &c.
Thomas x Lovelace
Owen T. Sharp &c., Pendleton County Circuit Court
v. Pkg. 126
AFFIDAVITOF SAMUEL T. HAUSER
This affiant Samuel T. Hauser upon oath states – that being theclaimant and owner, of sundry interests, in and of the slaves – Tom, Essex,Stephen, and Kitty and her child Emily, in the pleasing mentioned, by purchasefrom the intestate John Sharp dec’d in his life time, and his heirs since hisdeath, amounting in the whole to about 19/27 of the entire five slaves,excepting the dower interest; and having under the restraining order of theCourt, forbidding their removal out of the jurisdiction of the Court (which thisaffiant conceives to be, the County of Pendleton) the care and superintendenceof them, for the purpose of selecting, (in the language of part thereof) homesfor them and hire them, he did, in the County of Pendleton hire out until the 25thof Dec. last the slaves Stephen, Kitty and her child Emily to Reuben McCarty andkept under hire himself, for the same period the slave Essex. The slave Tom was at the making of the restraining order inthis suit, in the County of Henry and never has been in the jurisdiction of thisCourt, having, at the time of the said restraining order was made herein beenhire out, by your affiant in the County of Henry Ky to the Elijah Nuttall Esq ofsaid County. After the 25th Dec. upto the time hereinafter named, said slaves remained with this persons abovenamed under hire, excepting the boy Stephen, whom your affiant afterwards, alsotook, as their homes not so much selected by your affiant, as by themselves –and – so continued, as before stated, until the periods hereinafter named.
This affiant, further states, from the best information within his reach,that the slave Essex on Saturday night, the 24th of August last,without his knowledge or the least previous suspicion, and some short timebefore the day fixed upon by advertisement, by the Master Comr. to carry intoeffect, that part of the decree herein directing said slaves all to be sold, atthe Court house, suddenly and unexpectedly made his escape, into the State ofOhio. Ad that he did so, under thesame watchfulness, care and diligence of this affiant, which he this affiant, incommon, with other slaves holders in the County exercise over their slaves, andwhich this affiant exercised over his own other slaves – and in violation of afull confidence and trust, not only of this affiant, but of all, as far as knownto this affiant to whom said slaves was known; and in violation of a confidenceand assurance, which a cheerful and ready obedience, appearant and content, goodconduct and good character as a slave, had inspired on his part appearantlyinhanced, by the assurance given at the solicitation of said slave, by thisaffiant, that he this affiant would purchase him, and thereby procure for himthe home of his choice and which he wished and desired.
This affiant further states, that immediately upon the escape of saidslave Essex to the State of Ohio, as is confidently believed, with the objectand view of recapturing him, and bringing him back to this County; this affiant,employed and sent, at his own costs and charges Reuben McCarty, Esq. And Wm.Wallace Wilson, the former a regularly constituted agent and Atty in fact, andthe latter as aid, in pursuit and search of said slave, - while at the sametime, he employed in like manner and sent four other individuals, to scour andrange the intermediate country and roads between Falmouth and the Ohio River insearch of said slave. The latterreturned in a few days without success, and the former two proceeded in theirsearch and pursuit, into the State of Ohio, as far as the city of Sandusky, uponlake Erie, but returned, without being able to find or capture said fugitive –owing as is believed to the adverse and hostile sentiments and feelings, whichabolitionist and others of that State, entertain towards slavery; and the saidcomfort, protective and secretings, afforded to fugitives, and the refusal ofjustices of the peace and officers of the state to administer the Constitutionand laws (Acts of ’93) of the United States, in aid of the recaption offugitive slaves. This affiant isinformed, that his aforesaid agent while in search of said fugitive, undercircumstances deemed necessary by him applied to a number of justices of thepeace of the State, at different times and places, during his said trip, for awarrant to apprehend said fugitive, but was positively refused such warrant, andone of them was informed, that he would give no warrant for the apprehension ofa fugitive slave, unless there was produced to him, a Bill of Sale for thefugitive, bearing the signature of All Mighty God Himself – entitling theclaiment and Master to him.
This affiant further, states, that owing to the fact, that the County ofPendleton is a bordering County upon the State of Ohio, with River Ohiointervening distant only about 12 or 13 miles from the town of Falmouth, withvarious public roads, leading from almost every point towards and to that River,with numerous skiffs and other water craft on this side, and abolitionists inabundence upon the other and adjacent bank, and the County itself this side not(as is believed) without them – and fearing the influence of the successfulexample of one of them, upon the remainder he was induced from an abidingapprehention of their insecurity, notwithstanding the injunction order of theCourt forbidding the removal of said slaves out of its jurisdiction, the morecertainly, to effect the supposed object of that order, to remove, the slavesKitty and her child Emily, and the boy Stephen further into the interior of theState of Kentucky, and to a locality, not affording as many facilities ofescape, as the County of Pendleton and permit the boy Tom, to remain for thelike reasons, in the County of Henry, least they might also follow the exampleof the one who had successfully runaway, and also escape. This affiant therefore, removed the boy Stephen, Kitty and child Emily,before the day appointed by the Master Comr for their sales, least they mightalso escape, into Fayette County near Lexington Ky and consigned them to thecare and keeping of Elijah O’Bannon, Deputy Shereff of that County, and ahighly trust worthy and respectable citizen thereof and left the slave Tom, inlike manner, in Henry with Elijah Nuttall of said County (whose known characterand public offices in the services of his State, abundantly bespeak the man) andto whom said boy has as foresaid been hired, as localities and places where, ingreater safety and securety than in the County of Pendleton, they can abide theorder or decree of the Court and be advertise and sold under, as is hoped andasked, a modification of the interlocutory decree, herein made.
This affiant further states, that he verily believes said slaves owing tothe causes above stated, and the many examples recently occurred, in the Countyof Pendleton of the successful excape of slaves from the same, into the State ofOhio, without recapture notwithstanding the efforts made, on the part ofMasters, would not have been secure or safe, to have remained therein, to await,the sale &c by public advertisement &c of a Master Comr in Chancery,under the terms, conditions &c, usual in decrees of the kind, and thisaffiant, verily believes that under the circumstances, of delay publicity &cattending a usual decree in Chancery directing a sale, that said slaves, in theCounty of Pendleton owing to the facts above detailed, said slaves underrestraint or confinement, violative of the dictates of humanity, distructive tothe interests of the owners and the profits of their labour. – Wherefore thisaffiant, as one mostly and principally interested in said slaves, and as partyto the suit, that the interlocutory decree herein, so far as it regards the saleof said slaves, be so modified as to direct the sale of the, at the Courthouses, in the aforesaid Counties of Fayette and Henry, by said ElijahO’Bannon and Elijah Nuttal respectively as Comrs – or at private sale bythem respectively, at the minimum price of their respective appraised value –that is the boy Stephen at private Sale not less than $600 – and Kitty andchild Emily together at not less than $650 – provided a home for them, inKentucky at such private sale as can be secured – or that the decree may be somodified, that they be sold at public auction for the best price at therespective Court houses upon a Court day where, for greater safety, they now areinstead at the Court house in Pendleton County – And that this affiant beexempted from reprehention or liability for having removed them and not havingthem forthcoming – and that the residue of sd decree, except as to the sale ofsd slaves be directed to be carried into effect as therein directed by theMaster Comr of this Court –
S. Tho. Hauser
Sworn and subscribed to, before me, this23 day of Sept 1850 by Saml T. Hauser
W.G. Woodson JPPC
Comlth of Ky Pendleton County. Sct
These affiants, Reuben McCarty, Wm WallaceWilson upon oath state – That on Monday the 26th August last,immediately upon fact being certainly ascertained that the slave Essex, in thepossession of Samuel T Hauser had made his escape and run away – they at theprocurement and under the employ of said Hauser, started in search of him intothe State of Ohio, (the said McCarty having by authenticated power of Attorneybeen constituted and appointed the Agent and Attorney in fact for the purposerecapturing and brining back to Kentucky and to said Hauser said fugitive –These affiants further state, that from facts and circumstances learned on theirway, they state, that from facts and circumstances learned on their way, theysuppose said boy escaped Saturday night the 24th of August, and madefor Fosters Landing, and during that night crossed the River Ohio, into theState of Ohio, in a few hours after he left, at Fosters Landing – That fromthence they made diligent search for said Lake Erie – That owing to thesentiments and feelings adverse to slavery existing among and with a greatportion of the citizens of that State they found great difficulties to obtainreliable or satisfactory information relative to said fugitive or any otherslave, who had escaped from Kentucky, and they believe in many instances, (someof which were openly avowed) a greater disposition exists to aid a slave along,and secrete information to a pursuer of a fugitive. That the affiant, Reuben McCarty states that he took with him the Act ofCongress of ’93 relative to fugitives, and applied to several of said Statejustices of the peace, for a warrant under the same, to apprehend said fugitive,but in every instance was refused, notwithstanding he proffered by proof tocomply with its requesites, and in one application to a justice of the peace wasinformed that upon the condition, that this affiant, would show him a Bill ofSale, for said fugitive, signed by the All Mighty God himself he would issue thewarrant, and not otherwise. Moreoverthey were informed, that if they did find and capture said fugitive, he would berescued from them by force, and they themselves arrested by the process of theirCourts, for kidnapping and kept there for trial until the term of the Court –These affiants further state, that owing to the state of violent feelingsexisting with abolitionists and others of that State against slavery – the aidcomfort and protection extended to fugitives by them, and the want of efficientlaws protective of the rights of the master, it is not only difficult, butalmost impossible, for a fugitive slaves to be arrested in that State andbrought back to Kentucky, without, at last, great and eminent danger of rescueby violence of the fugitive and to the safety if not life of the capturers. They further state, that owing to the causes above refered to, or some ofthem, they were in the effort and pursuit after said slaves and fugetive,unsuccessful, either in hearing certainly of him or recapturing him, and forcedto return without him. They furtherstate, they well knew said fugative before he left, and from his deportment,conduct and character as a slave together with the well known good treatmentwhich he received they would have as soon suspected any other slaves nowremaining in the County, of a design or effort to escape as said fugetive –and that of their knowledge, afforded by their visinage, a residence within thesame villiage with said Hauser and said slave – that the watchfulness care anddilegence common to other masters in said County was exercised by said Hauser inreference to said slave with the dictates of humanity, and consistent with theinterest of the master in the labour and profits of his slave – and thepractice of other slave holders in the County.
Sworn to and subscribed by the affiantsthis 23rd day of Sept. 1850 before me.
Owen T. Sharp & Wm Cummins
vs} In Chancery
Jennetta Sharp &c
The Master Comr would respectfully report that he has not carried intoEffect the decree, herein owing to the following reason circumstances and facts,occurring after the Slaves were advertised for the purpose of selling themaccording to the decree.
1st That by advertisementbearing date August 1st, 1850, Your Comr advertised the Sale to bemade on the first Monday in Sept Inst County Court day at the Court house. But some eight or ten days before the day fixed upon the for sale, itbecame necessary, as your Comr believed from facts and circumstances known tohim, that the slaves for the safety and security of them, should be removed toparts of the State of Kentucky, not affording so many facilities of easy andquick escape to the State of Ohio, as the bordering County of Pendleton. And this necessaty was urgently made appearent and inforced itself. About that time by the fact, that one of them made his escapeinto the State of Ohio, as is supposed from the possession Samuel T Hauser inwhose care he was at the time, under hire as is supposed, and that said slavedid so, as your Comr believes in violation of that confidence, which remarkablegood conduct, cheerful and ready obediance appearent content, and gooddeportment, would induced a prudent and cautious master to have place in him.
2nd Because your Comr wasinformed after the escape of the slave Essex, and immediately before the day ofsale, by said Hauser the owner in part of said slaves under said decree and intowhose care and keeping said slaves under the Order of the Court were placed, forthe purpose of selecting homes for them and hire them out, that he was compelledin order to secure their safety, and to prevent them from availing themselves ofthe facilities, a location in the County of Pendleton, under the presentexisting circumstances in it, as well as in the State of Ohio, afforded them forescape, to remove them further into the interior of this State (and that hewould do so) to places further removed from the State borders of the State ofOhio, and that he had accordingly removed three of them, Kitty and child Emily,and boy Stephen to Fayette County Kentucky near Lexington and the other Tom wasin Henry County Kentucky, the former three under the care and keeping of ElijahO’Bannon Sheriff of Fayette, and the latter in the care and keeping of theHonorable Elijah Nuttell of Henry, who was the owner of the wife of said Tom
your Comr further reports, that immediately upon the escape of the boy,Essex into the State of Ohio, the said Hauser dispatched two competantmessengers and agents in pursuit of him for the purpose of arresting andbringing him back. And he isinformed they made search in the State of Ohio for said fugitive as far as theCity of Sandusky, upon Lake Erie, but owing to the adverse sentiments, andfeelings of a great part of the population and citizens of that State and theaid and comfort afforded said fugative by them they had been unsuccessful intheir search and persuit. That sofar as the Justices of the peace and officers of the State were concerned theyhad wholly refused to issue process or render them under the Constitution andpresent laws (Acts of ’93) of the United States any aid whatever orinformation and some of them demanded the exhibition to them of a Bill of Salefor said fugative signed by All Mighty God Himself, before they would consent toissue process for the apprehention of said fugative or his restoration orarrest.
3rd Your Comr not effecting thesale of the slaves owing to the causes above named, he supposed the case itself,would have to be reported back to the Court, for a modification of the decree,directing the sale, or further proceedings therein to be held he thereforedeemed it unnecessary at this time, to proceed to the division of the realEstate as directed, especially since the widow is in the possession, having theimproved or tilable part standing in a growing crop, and supposing she havingsown in peace, she was entitled to reap in like manner, and as a division duringthe Winter vacation of the Court, could be made without delay or hinderence asto the growing crop and if made during the winter the several parts in thespring would be prepared by the division itself, for cultivation by the ownersin the severalty according to their rights.
Your Comr further at the request of said Hauser reports the affidavitsmarked A & B relative to the escape and search made for aforesaid fugative&c as a part hereof.
Sept. 12, 1850 Wm C Naylor Comr
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