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.
An indictment against Fanny Lee for petit larceny was listed in Common Law Book F. A warrant was later put out for her arrest. Fanny pled not guilty but was found guilty, and she was sentenced to fifteen strikes. She was found not guilty for a second charge of petit larceny, but this charge was never described in detail.
Husband of Elizabeth Breckinridge Watts. Father of William Watts, Ann W. Holcombe, Letitia W. Rives, Alice Watts Morris, Henrietta Carter Watts, James Breckinridge Watts, Mary Scott Watts, Edward Watts Jr., and Emma Gilmer Watts.
According to Common Law Book F, De Witt Green did not appear before the court on the day of his trial. A writ of scire facias was issued against him for a larceny charge. DeWitt attempted to quash this indictment because the prosecutor was not named on the original record of court, and this was overruled. His scie facias was dismissed, but a new one was filed. He plead not guilty but was found guilty, and he was sentenced to receive 20 strikes on his bare back from the county sheriff.
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.
In Common Law Book F, Charles Stratten was charged with stealing a hog from D. C. Yates. He was found guilty of petit larceny and ordered to return before the next grand jury. His bail was set at $50.00.
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.
In Common Law Book F, Charles was charged with stealing a hog from D. C. Yates. He was found guilty of petit larceny and ordered to return before the next grand jury. His bail was set at $50.00. Charles later plead not guilty but was found guilty. He was sentenced to six months in the Roanoke County 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.
In Common Law Book F, Ann was charged with larceny. She was refused bail and her trial was delayed until the next term. Her trial was later deferred again, and her bail was set at $100.00. She was eventually found guilty of petit larceny, and she was sentenced to two months in jail.
Andrew was to be entered as an apprentice at 8 years old, until he was 21 years old, to F. Johnston. This was "under the usual terms of White apprentices," as ordered by Roanoke County's Overseer of the Poor. At the end of his apprenticeship, Andrew was to be given $75.00 and a new suit. In the process, he was to be taught reading, writing, and arithmetic.
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 F, the sheriff was ordered to apply to the Officers of the Freedmen's Bureau Asylum at Richmond for Albert, who was deemed a "lunatic." He was previously confined at the county jail, and the sheriff was ordered to safely transfer him to Richmond if he got a "favorable answer" to the application.