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, without
paying 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 his
costs 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 B
Woodson, S S[?] fpr K < Cirru/
Wits for Bailey Johns: Luther Watson & Francis P. Craig, subpeoned Dec, 1862 by
J M Curry S.P.C.
Jan. 9, 1863 Appealed filed
April Term, 1863, Dismissed at Pattons
Isaac T. Martin (son-in-law) &
P. Cir. Ct. Pkg 156
Susan Woodyard, Admrs (widow)
of Thomas B. Woodyard, decd
et al (heirs)
Filed Apr. 21, 1859
Marshall & Cleary Attys.
The Covington & Lexington RR Co.
and Jacob Van Dine
The Admrs were appointed in Harrison
County Court, for the estate of Thomas B. Woodyard who died in Harrison Co. in
1853; 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 named
on the train of cars which left Lexington
on day of April 1859, deft Jacov Van Dine was the condctor on the train…the
deft RR Co. and Jacob Van Dine permitted said Slave Tom to go as a passenger on
said afternoon train, from Lexington to Covington on April 1859 without the written request of plffs, and unaccompanied
by plffs. The defts illegally and
contrary to law or consent of plffs, transported their said slave as a passenger
from Paris to Covington…whereby said slave escaped from State of Ky, and is
not at large,…and is now hopelessly lost.
Said slave was wroth $…and plffs have spent a large sum of money…in
prudent 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. Of
Cov. & 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 Lecington
to Covington, but he neither suffered nor permitted plff’s slave Tom to go as
a passenger…as charged in petn. Denies &c…
J B Van Dyne
Amed Ans. of JB Van Dyne May 16, 1859.
Ward & Trimble, Attys
He does not know if the slave Tom escaped from Ky.; does not admit that
plffs 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 of
the odium which attends his defense in this county at this time…He does verily
believe that the excitement of the public mind against the Covington and
Lexington Rail Road, in consequence of the facilities with which runaway slaves
could be transported over it, at this time is such that he could hav no prospect
of a fair trial in this county, that the excitement is of very recent occurrence
from real or immaginary danger to Slave property in this & other places.
J B Van Dyne
Depositions taken Oct 24, 1859 in
J C Thomas M.D.
I reside in Covington; have practiced medicine about 9 years.
A negro man that has syphilis in the
tertiary form not worth any thing for service…
I have practiced in the Counties of Woodford, Bourbon, and towns of
Versailles & 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 worth
but very little…
J C Blackburn
My residence is newport. I
am 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 be
an abstract from a will, which purported to give a negro his freedom at the
death of the testator. I did not take him over the river but returned him to the
Kentucky shore. I would not have
passed 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.
I was then Captain of one of the Newport Ferries. The negro got on the boat in the evening between 7&8
oclock – it was after dark. He
got on the boat on the Kentucky shore. It
was on Saturday night I think. I
think the paper was dated at Cynthiana. I
asked 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 on
any kind of paper – having had some words with Lieut jessup because I would
not cross his boy on a note written by him.
I supposed from the way the paper read that Trimble was the owner of the
Joe M. Kennedy Examr for Kenton County
Spoes [Subpeonas] for Plffs Martin &c
Term 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
Term 1859: (Harrison Co.) Dr. J.C. Frazer, Dr. H.W.
Frazer, Dr. W H Adair, B F Remington, John Redmon, David Givens, Wm Jordan, John
Term 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
Term 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:
(Bourbon Co.) Riley R McCormick
April Term 1860:
(Pendleton Co) Thomas McDonald, (Harrison Co) John A.
Saml F. January.
Joseph Northcutt, Abram spears, Riley McCormack, A L Thompson
Note: The verdict in this case was
not included by Mr. Barton.]
June 6th 1864
A report to the Pendleton County Court as to a runaway slave Henry
committed to Jail in Pendleton County Ky a negro man who calls himself Henry
about 30 years of age & Claims to belone to Dr. Yate of Tennessee & also
claims to belong to other Masters, who has been duly advertised for one month by
the Jailer of Pendleton County Ky and one month after the commencement of the
advertisement having expired without Slave being claimed see advertisement
Copy of the advertisement attached to the report, concluding with notice
to the owner to apply for, prove his proerty, pay the fees and expenses and take
him away, in conformity to the laws of the State of Kentucky, otherwise hw will
be dealth with according to the same.
April 8, 1864
F.P. Craig, J.P.C.
Nothing on the clipping indicated the name
of the paper containing the advertisement.
a free man of color
vs} Petn. filed Sept 1, 1866 Ireland
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 RR
from Bourbon Co. through Pend Co. to Cinti O., & defts Eli Mullins 7 EP
Willett, in fall of 1864, captured sd Plff. with his wife & 2 children, as
runaway Slaves – and learned that they belonged to sd Hall, & they gave
information to sd Hall, when he requested them to return sd children to him
which they did & demanded from him the reward from the capture of sd slaves,
when he sd Hall, directed sd Willett & Mullins, to demand & take what
money he had stating that he had from two five hundred dollars – and pay
themselves for sd capture six…which was give hundred dollars – is stated in
persuance of sd directions & order in the fall of 1864, which was the time
of sd capture, they did demand from plff $180, the sd Mullins & Willett each
getting sixty dollars a piece & Thomas Lovelace $60 – this money was the
property of Henry Hall, & taken by his order & directions.
In july 1866 Thomas Hardiman acting as an appointee of the Greedmans
Bureau, notified sd Mullins & Willett unless they gave the note sued on to
plff. with T M Rouse as security or pay the money with interest and damages he
would be compelled to send them to Louisville & it would cost them a
thousand dollars…they were forced to execute sd note – this being the only
consideration for sd note – which sd matters they plead & rely upon as a
bar to plffs. recovery.
Verified by Eli Mullins & E P Willett,
Oct 18, 1866
“We the Jury find for the Plaintiff $205
4/100 the amount of the note sued on.”
N. Clay Dills Foreman
Witnesses for Plff. T M Rouse, Geo. Orr, M. Hightower, (Capt. Hardeman Kenton
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 money
was taken, was a slave, belonging to henry Hall of Bourbon Co; that when sd note
was given, the soldiers or the officiers of the Freedmen’s Bureau had arrested
Willett & Mullins & threaatened to take them immediately to Louisville
and put them in a military prison, unless they fix up the matter satisfactory
and either pay the mondy or execute the note.
The officers that arrested them (one Mr. Hardiman) threatened to take
them off to Louisville immediately, and probably would have to remain there for
a 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 Mullins
when he took the children of plff back to their master Henry Hall…
Attachment issued for witness Geo Hall to
testify for Plff. Oct 1867.
Returned not found. Another attachment issued for him Dec 1867, and he was put
under bond with A. Thrasher, surety.
Instructions of Court – 1.
If the money for which the note was given, was taken by direction of the
master, and in payment of a demand he recognized to his master…Plff has no
cause of action.
If not executed through fear or
coercion – find for deft.
Deposition Jan. 29, 1867 at Cov. Thos
Lovelace – Plff told witness the note was for money that Willett & Mullins
took 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 one
evening ab. Dark; & Willett & Mullins wanted me to keep them.
Willett & Mullins took some money from them, & they said it was
by order of their master, by letter. I
took two children to their master in Bourbon Co.
Mullins went with me. Hall
said he never intended to fetch the negroes back.
In his letters he told Willett & Mullins to pay themselves well out
of the money they took from Harrison & wife.
Witness then lived right this side of Demossville Bridge, 200 yds from
mo. of Gr. Crk. Kenton Co. The
negroes were at my house 3 or 4 days, & after children taken back, he &
wife stayed 10 or 12 months. One of
the 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 they
came (the negroes) that the money was taken – but it was before the children
were taken up (to Bourbon Co). Two
hundred and two dollars were taken. Spencer
had 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 the
letters. I could not read &
they did not read them. They said
they were authorized to take this money by the Master & pay themselves for
their trouble. They demanded the
money & 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 said
give 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 something
about taking them across the Ohio river – but Spencer Harrison said he did not
want 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 getting
ready – as I cannot read. Hall
asked 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 he
said 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 recollect
the amount he stated. I didn’t
hear Mullins deman any money of hall.
Mullins & Willett were arrested in latter part of last summer I
think. I was not present when the
compromise was made, but I heard an offer before I left.
Mr. Willett made an offer that he would settle in anyway that three men
said – namely: Mat Hightower,
Matt Rouse, & George Orr. I
suppose they fixed it, but I don’t know.
Mr. Willett said he felt very bad about the matter & that the money
ought to have been paid long ago. Twenty-six
dollars were returned to the negroes. Mullins
& Willett paid me fifty dollars, for my services in taking the children up
and back & what I done, feed &c.
Thomas x Lovelace
Owen T. Sharp &c.,
Pendleton County Circuit Court
OF SAMUEL T. HAUSER
This affiant Samuel T. Hauser upon oath states – that being the
claimant and owner, of sundry interests, in and of the slaves – Tom, Essex,
Stephen, and Kitty and her child Emily, in the pleasing mentioned, by purchase
from the intestate John Sharp dec’d in his life time, and his heirs since his
death, amounting in the whole to about 19/27 of the entire five slaves,
excepting the dower interest; and having under the restraining order of the
Court, forbidding their removal out of the jurisdiction of the Court (which this
affiant conceives to be, the County of Pendleton) the care and superintendence
of them, for the purpose of selecting, (in the language of part thereof) homes
for them and hire them, he did, in the County of Pendleton hire out until the 25th
of Dec. last the slaves Stephen, Kitty and her child Emily to Reuben McCarty and
kept under hire himself, for the same period the slave Essex. The slave Tom was at the making of the restraining order in
this suit, in the County of Henry and never has been in the jurisdiction of this
Court, having, at the time of the said restraining order was made herein been
hire out, by your affiant in the County of Henry Ky to the Elijah Nuttall Esq of
said County. After the 25th Dec. up
to the time hereinafter named, said slaves remained with this persons above
named under hire, excepting the boy Stephen, whom your affiant afterwards, also
took, 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 time
before the day fixed upon by advertisement, by the Master Comr. to carry into
effect, that part of the decree herein directing said slaves all to be sold, at
the Court house, suddenly and unexpectedly made his escape, into the State of
Ohio. Ad that he did so, under the
same watchfulness, care and diligence of this affiant, which he this affiant, in
common, with other slaves holders in the County exercise over their slaves, and
which this affiant exercised over his own other slaves – and in violation of a
full confidence and trust, not only of this affiant, but of all, as far as known
to this affiant to whom said slaves was known; and in violation of a confidence
and assurance, which a cheerful and ready obedience, appearant and content, good
conduct and good character as a slave, had inspired on his part appearantly
inhanced, by the assurance given at the solicitation of said slave, by this
affiant, that he this affiant would purchase him, and thereby procure for him
the home of his choice and which he wished and desired.
This affiant further states, that immediately upon the escape of said
slave Essex to the State of Ohio, as is confidently believed, with the object
and 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, and
the latter as aid, in pursuit and search of said slave, - while at the same
time, he employed in like manner and sent four other individuals, to scour and
range the intermediate country and roads between Falmouth and the Ohio River in
search of said slave. The latter
returned in a few days without success, and the former two proceeded in their
search and pursuit, into the State of Ohio, as far as the city of Sandusky, upon
lake Erie, but returned, without being able to find or capture said fugitive –
owing as is believed to the adverse and hostile sentiments and feelings, which
abolitionist and others of that State, entertain towards slavery; and the said
comfort, protective and secretings, afforded to fugitives, and the refusal of
justices of the peace and officers of the state to administer the Constitution
and laws (Acts of ’93) of the United States, in aid of the recaption of
fugitive slaves. This affiant is
informed, that his aforesaid agent while in search of said fugitive, under
circumstances deemed necessary by him applied to a number of justices of the
peace of the State, at different times and places, during his said trip, for a
warrant to apprehend said fugitive, but was positively refused such warrant, and
one of them was informed, that he would give no warrant for the apprehension of
a fugitive slave, unless there was produced to him, a Bill of Sale for the
fugitive, bearing the signature of All Mighty God Himself – entitling the
claiment and Master to him.
This affiant further, states, that owing to the fact, that the County of
Pendleton is a bordering County upon the State of Ohio, with River Ohio
intervening distant only about 12 or 13 miles from the town of Falmouth, with
various public roads, leading from almost every point towards and to that River,
with numerous skiffs and other water craft on this side, and abolitionists in
abundence upon the other and adjacent bank, and the County itself this side not
(as is believed) without them – and fearing the influence of the successful
example of one of them, upon the remainder he was induced from an abiding
apprehention of their insecurity, notwithstanding the injunction order of the
Court forbidding the removal of said slaves out of its jurisdiction, the more
certainly, to effect the supposed object of that order, to remove, the slaves
Kitty and her child Emily, and the boy Stephen further into the interior of the
State of Kentucky, and to a locality, not affording as many facilities of
escape, as the County of Pendleton and permit the boy Tom, to remain for the
like reasons, in the County of Henry, least they might also follow the example
of 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 might
also escape, into Fayette County near Lexington Ky and consigned them to the
care and keeping of Elijah O’Bannon, Deputy Shereff of that County, and a
highly trust worthy and respectable citizen thereof and left the slave Tom, in
like manner, in Henry with Elijah Nuttall of said County (whose known character
and public offices in the services of his State, abundantly bespeak the man) and
to whom said boy has as foresaid been hired, as localities and places where, in
greater safety and securety than in the County of Pendleton, they can abide the
order or decree of the Court and be advertise and sold under, as is hoped and
asked, a modification of the interlocutory decree, herein made.
This affiant further states, that he verily believes said slaves owing to
the causes above stated, and the many examples recently occurred, in the County
of Pendleton of the successful excape of slaves from the same, into the State of
Ohio, without recapture notwithstanding the efforts made, on the part of
Masters, 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 this
affiant, verily believes that under the circumstances, of delay publicity &c
attending a usual decree in Chancery directing a sale, that said slaves, in the
County of Pendleton owing to the facts above detailed, said slaves under
restraint or confinement, violative of the dictates of humanity, distructive to
the interests of the owners and the profits of their labour. – Wherefore this
affiant, as one mostly and principally interested in said slaves, and as party
to the suit, that the interlocutory decree herein, so far as it regards the sale
of said slaves, be so modified as to direct the sale of the, at the Court
houses, in the aforesaid Counties of Fayette and Henry, by said Elijah
O’Bannon and Elijah Nuttal respectively as Comrs – or at private sale by
them respectively, at the minimum price of their respective appraised value –
that is the boy Stephen at private Sale not less than $600 – and Kitty and
child Emily together at not less than $650 – provided a home for them, in
Kentucky at such private sale as can be secured – or that the decree may be so
modified, that they be sold at public auction for the best price at the
respective Court houses upon a Court day where, for greater safety, they now are
instead at the Court house in Pendleton County – And that this affiant be
exempted from reprehention or liability for having removed them and not having
them forthcoming – and that the residue of sd decree, except as to the sale of
sd slaves be directed to be carried into effect as therein directed by the
Master Comr of this Court –
S. Tho. Hauser
Sworn and subscribed to, before me, this
23 day of Sept 1850 by Saml T. Hauser
W.G. Woodson JPPC
Comlth of Ky Pendleton County. Sct
These affiants, Reuben McCarty, Wm Wallace
Wilson upon oath state – That on Monday the 26th August last,
immediately upon fact being certainly ascertained that the slave Essex, in the
possession of Samuel T Hauser had made his escape and run away – they at the
procurement and under the employ of said Hauser, started in search of him into
the State of Ohio, (the said McCarty having by authenticated power of Attorney
been constituted and appointed the Agent and Attorney in fact for the purpose
recapturing and brining back to Kentucky and to said Hauser said fugitive –
These affiants further state, that from facts and circumstances learned on their
way, they state, that from facts and circumstances learned on their way, they
suppose said boy escaped Saturday night the 24th of August, and made
for Fosters Landing, and during that night crossed the River Ohio, into the
State of Ohio, in a few hours after he left, at Fosters Landing – That from
thence they made diligent search for said Lake Erie – That owing to the
sentiments and feelings adverse to slavery existing among and with a great
portion of the citizens of that State they found great difficulties to obtain
reliable or satisfactory information relative to said fugitive or any other
slave, who had escaped from Kentucky, and they believe in many instances, (some
of 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 of
Congress of ’93 relative to fugitives, and applied to several of said State
justices of the peace, for a warrant under the same, to apprehend said fugitive,
but in every instance was refused, notwithstanding he proffered by proof to
comply with its requesites, and in one application to a justice of the peace was
informed that upon the condition, that this affiant, would show him a Bill of
Sale, for said fugitive, signed by the All Mighty God himself he would issue the
warrant, and not otherwise. Moreover
they were informed, that if they did find and capture said fugitive, he would be
rescued from them by force, and they themselves arrested by the process of their
Courts, for kidnapping and kept there for trial until the term of the Court –
These affiants further state, that owing to the state of violent feelings
existing with abolitionists and others of that State against slavery – the aid
comfort and protection extended to fugitives by them, and the want of efficient
laws protective of the rights of the master, it is not only difficult, but
almost impossible, for a fugitive slaves to be arrested in that State and
brought back to Kentucky, without, at last, great and eminent danger of rescue
by 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 of
them, they were in the effort and pursuit after said slaves and fugetive,
unsuccessful, either in hearing certainly of him or recapturing him, and forced
to return without him. They further
state, they well knew said fugative before he left, and from his deportment,
conduct and character as a slave together with the well known good treatment
which he received they would have as soon suspected any other slaves now
remaining 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 the
same villiage with said Hauser and said slave – that the watchfulness care and
dilegence common to other masters in said County was exercised by said Hauser in
reference to said slave with the dictates of humanity, and consistent with the
interest of the master in the labour and profits of his slave – and the
practice of other slave holders in the County.
Sworn to and subscribed by the affiants
this 23rd day of Sept. 1850 before me.
Owen T. Sharp & Wm Cummins
Jennetta Sharp &c
The Master Comr would respectfully report that he has not carried into
Effect the decree, herein owing to the following reason circumstances and facts,
occurring after the Slaves were advertised for the purpose of selling them
according to the decree.
1st That by advertisement
bearing date August 1st, 1850, Your Comr advertised the Sale to be
made 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, it
became necessary, as your Comr believed from facts and circumstances known to
him, that the slaves for the safety and security of them, should be removed to
parts of the State of Kentucky, not affording so many facilities of easy and
quick 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 escape
into the State of Ohio, as is supposed from the possession Samuel T Hauser in
whose care he was at the time, under hire as is supposed, and that said slave
did so, as your Comr believes in violation of that confidence, which remarkable
good conduct, cheerful and ready obediance appearent content, and good
deportment, would induced a prudent and cautious master to have place in him.
2nd Because your Comr was
informed after the escape of the slave Essex, and immediately before the day of
sale, by said Hauser the owner in part of said slaves under said decree and into
whose care and keeping said slaves under the Order of the Court were placed, for
the purpose of selecting homes for them and hire them out, that he was compelled
in order to secure their safety, and to prevent them from availing themselves of
the facilities, a location in the County of Pendleton, under the present
existing circumstances in it, as well as in the State of Ohio, afforded them for
escape, to remove them further into the interior of this State (and that he
would do so) to places further removed from the State borders of the State of
Ohio, 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 was
in Henry County Kentucky, the former three under the care and keeping of Elijah
O’Bannon Sheriff of Fayette, and the latter in the care and keeping of the
Honorable 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 competant
messengers and agents in pursuit of him for the purpose of arresting and
bringing him back. And he is
informed they made search in the State of Ohio for said fugitive as far as the
City of Sandusky, upon Lake Erie, but owing to the adverse sentiments, and
feelings of a great part of the population and citizens of that State and the
aid and comfort afforded said fugative by them they had been unsuccessful in
their search and persuit. That so
far as the Justices of the peace and officers of the State were concerned they
had wholly refused to issue process or render them under the Constitution and
present laws (Acts of ’93) of the United States any aid whatever or
information and some of them demanded the exhibition to them of a Bill of Sale
for said fugative signed by All Mighty God Himself, before they would consent to
issue process for the apprehention of said fugative or his restoration or
3rd Your Comr not effecting the
sale 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 therefore
deemed it unnecessary at this time, to proceed to the division of the real
Estate as directed, especially since the widow is in the possession, having the
improved or tilable part standing in a growing crop, and supposing she having
sown in peace, she was entitled to reap in like manner, and as a division during
the Winter vacation of the Court, could be made without delay or hinderence as
to the growing crop and if made during the winter the several parts in the
spring would be prepared by the division itself, for cultivation by the owners
in the severalty according to their rights.
Your Comr further at the request of said Hauser reports the affidavits
marked A & B relative to the escape and search made for aforesaid fugative
&c as a part hereof.
Sept. 12, 1850
Wm C Naylor Comr