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.
In Cohabitation Records of 1866, Nathan Mars is reported as a free man. In Common Law Book F, Nathan was indicted for larceny of a trunk and its contents, and his bail was set at $50.00.
An indictment against Margaret Jackson for petit larceny was listed in Common Law Book F. She pled not guilty but was found guilty, and she was sentenced to ten days in jail.
Wesley Preston was charged with a felony in the Justices Certificate of Commitment for violently raping a 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.
An indictment against Lee Page for petit larceny was listed in Common Law Book F. He pled not guilty but was found guilty, and he was sentenced to twenty five lashes on his bare back.
Wesley Preston was charged with a felony in the Justices Certificate of Commitment for violently raping a 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.
In Common Law Book F, Julia was charged with larceny, and her bail was set at $50.00. She was later found guilty of petit larceny and was sentenced to two months in jail.
In Common Law Book F, James Slaughter and John Williams, both free men, gave evidence against John Ford. John Williams did not appear before the court and was ordered to return before the next court to explain his absence.
John was charged with petit larceny for stealing "sundry goods" from David Conoway. He confessed to being guilty, and his bail was set at $50.00. He was set to return for the next grand jury term. At that point, he was found guilty and sentenced to five months in the Roanoke County Jail.
In Common Law Book F, John W. Diggs acknowledged a $1500.00 bond and "produced credentials" in order to be "authorized to celebrate the rites of matrimony."
An indictment against John Fry for petit larceny was listed in Common Law Book F. The record later stated that John did not appear before the court for his indictment, and a writ of capias and scire facias were filed against him.
In Common Law Book F, there was an examination of John for stealing a black mare from G. Richardson. John later applied for bail, and it was set at $100.00.
Jane was charged with larceny, and her bail was set at $50.00. She was set to return before a grand jury in the November 1866 term. Claiborne Reed, a free man, was to give evidence against Jane. Later, Jane pled not guilty but was found guilty, and she was sentenced to fifteen strikes on her bare back from the county sheriff.
James was charged with stealing a hog from Alexander White. He was found guilty of petit larceny and was sentenced to six months in the Roanoke County Jail. His bail was set at $50.00, and he was to return for the next grand jury.
In Common Law Book C, there was a charge by James C. Huff, a jailor, for committing and releasing John, who was "charged with horse stealing." Huff also presented a charge for having transported John to the Rockbridge County Jail.
Henry Brown was indicted for breaking and entering into a storehouse to commit larceny, and he plead not guilty. He was found guilty, and his sentence was to be in "the penitentiary to be one year."
Harriet Snider, a free woman, was charged with a felony for the attempted poisoning of Frances Hartman and Mary Hogan using strychnine hidden in an apple. She was refused bail, and her trial was delayed until the court term. Stewy Leuff was set to testify against Harriet. When Harriet's trial was deferred to the next term, her bail was set at $100.00. She was eventually discharged of her felony.
Hannah was listed in the Free Black Register as having a "dark complexion" and being 5 feet 5 inches tall. She registered as a free woman twice at 41 and 48 years old. Hannah was listed in Common Law Book E at 41 years old.