Common Law Orders - F - December 1864 - September 1868
Document Name
Common Law Orders - F - December 1864 - September 1868
Provenience
The Roanoke County Archives
Abstract
The Common Law Orders vary significantly in the records they hold, but they largely include records of court cases including trials of enslaved people and indictments, records of payments for those involved in these court proceedings, the petitions of free people of color proving to the court their free status, as well as other eclectic information such as correspondences between Roanoke County officials and officials of other jurisdictions. Wills and settlements of estates were occasionally also included in the Common Law books. Free people of color had to petition to the Roanoke County court to be able to live in the jurisdiction, have proof of their free status, and had to be examined before the court and their physical appearance recorded into record, including height, skin color, age, and any noticeable scars or disabilities. Court cases ranged from criminal indictments to tax exemptions. In some cases, an enslaver would not be taxed for an enslaved person who was ill, elderly, or disabled, and the record for this exemption would be included. Some court indictments include the charging of white people for selling enslaved people liquor or gathering in groups with enslaved people, which was illegal. In other rare but notable cases, enslaved people were charged with crimes including theft, arson, and assault. Witnesses may have been called, including other enslaved people. In such court cases, the bulk of the court, including both prosecutors and those assigned as defense counsel for the enslaved people, were enslavers themselves. In some cases, the convicted enslaved people would be punished with whippings or death by lynching, while in a few others cases, in place of punishment the enslaved person would be “transported outside the limits of the United States,” presumably to Liberia.
William was charged with a felony in the Justices Certificate of Commitment from September 14, 1867 for stealing a $25.00 watch from Alexander Owens. His trial was deferred, and he was remanded to jail. His bail was set at $100.00. William plead not guilty, and he did not show up for his trial, so two writs of capias were filed against him. An "alias capias returnable to the next term" was issued against him.
When John Ford was brought before the court as a prisoner in Common Law Book F, Whitfield Stanton and John Slaughter helped provide part of his security.
Wesley Preston was charged with a felony in the Justices Certificate of Commitment for violently raping a 13 year old free girl named Lydia Steptoe on September 7, 1867. His trial was deferred to the next term, and he was remanded to jail. Robert Finch, Josiah Rayford, Caesar Steptoe, and Laura Steptoe were all to testify against him. Preston plead not guilty, and he demanded that his trial be put before the Circuit Court, but he was remanded to jail.
Noah P. Garst was appointed as the administrator of Warner Banks's estate upon his death. Michael Trout, George Garst, Isaac F. Rinn, Moses E. Burbaker were appointed as the appraisers of his personal goods. They were ordered to return an inventory, and this entry was documented around April 1867.
In Common Law Book F, Walker Smith presented credentials to prove his ordination and links to the Roanoke African Baptist Church of Salem. He acknowledged a $1500.00 bond and "produced credentials" in order to be "authorized to celebrate the rites of matrimony." This was documented in September 1867.
In Common Law Book F, it is stated that W. Alexander would be an apprentice to Richard H. Phillips until he was 21 to learn farming. He would also learn reading, writing, and arithmetic in the process. He would be provided with clothing as well as given a suit at the end of his apprenticeship. The record did not specify if he was enslaved or free.
In Inventory, Appraisements, and Sales Book 4, Virginia, who was enslaved by Edward Watts, was confined in the Roanoke County Jail. The authorities, namely Dr. G. B. Griffin and R. H. Holland, did not deem it appropriate to release her since she “once committed an act of violence” and was described as a lunatic. The five heirs of Edward Watts thus agreed to each pay one fifth of the expenses needed to support and clothe her ($300.00 per annum or $60.00 for each to pay). Further, she was charged with the murder of Martha in Common Law Book E, so it was ordered that she be transferred to a “lunatic asylum” as soon as an opening was found. In Common Law Book F, James Huff, the jailor, requested varying amounts of money for her care, and tried to institutionalize her immediately after she was jailed. However, the application was routinely rejected as the Western Asylum refused to admit people who were not White, and the Eastern Asylum could not admit her because they lacked room. Virginia would later be taken to the Freedmen’s Bureau Asylum in Richmond, VA on August 22, 1866.
In Common Law Book F, Tom is listed as having been an apprentice to William B. Preston. He was set to learn farming, reading, writing, and common arithmetic in the process. He was to be provided with clothing as well as given a suit at the end of his apprenticeship.
In Common Law Book F, D. R. Ferguson was charged with the murder of Stefany, a Black woman. It was decided that a felony was committed, and there was probable cause to charge the accused.
Sarah was listed in the register as 5 feet 0.5 inches tall and "bright mulatto," with a scar on the joint of her right middle finger. In Common Law Book F, her appearance was listed in the same manner.
Robert was listed in the register as being 6 feet 2.5 inches tall, having a "bright copper complexion," and as having a scar on his left arm near the elbow. He previously registered in Charlotte County on April 5, 1841.
In Common Law Book F was a motion by Richard against Isaac W. Vinyard for not returning an inventory of the estate of Patterson Snider. Richard was the administrator of Patterson's estate.
Paulina was found guilty of petit larceny for stealing bacon, and she was charged $25.00. Later, the record states that she plead not guilty to her charge but was eventually sentenced to eight months in the county jail. She tried to move the court to set aside the verdict on the grounds of it being contrary to the evidence, but that was overruled.
An indictment against Oliver Liggon for petit larceny was listed in Common Law Book F. The record later states that Oliver did not show up for his indictment, so a writ of capias was awarded against him.
In Common Law Book F, an indictment against Nicholas Baker for petit larceny was listed. He was also charged with grand larceny for stealing, taking, and carrying away one hand trunk and its contents belonging to J. W. Morris. He pled guilty but was found not guilty, and he was sentenced to 25 strikes on his bare back. Nicholas would then be remanded to jail until the next term of the grand jury, where he had to appear for a charge of grand larceny.