County:  Wilkinson
Title:  Wilkinson County, Mississippi Court Court Suits- 1822
Submitter:  Virginia Ewing
Notice:  Transcribed and Submitted by Virginia Ewing.  This file may be downloaded for Personal Use Only, and may not otherwise be printed or copied without prior written consent of the submitter.
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Transcribed and Submitted by Virginia Ewing
 

Note from Transcriber:  Incomplete.  These minutes were written by the same man who wrote the court minutes, but he seems to change
some of the names.  Wicker in the minutes, Waker in the suits. In the case involving Chasteen Old/Olds, he starts off with an s on the end and drops it somewhere along the way.
 

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Matthias Waker vs James Nickolson

Plea before Honorable Thomas H. Proper and Edward McGehee  associate Justice.
Oct. 1822  in the forty seventh year of Independence of the United States of America

On the 2 July 1822, Cats C. West, Esquire a Justice of the Peace in said county, issued a order to an constable of the county to summons Samuel Nicholson to personally appear before him at his office on Sat. the 23, March at 10 o?clock.  to answer unto Matthew Waker a plea of debt. witness the hand of seal of said Justice this 14th day of March
1822.  For an account of $14.62 1/2 Samuel Nicholson and James Nicholson of Wilkinson county, are bound into Matthias Waker of said county in the sum of twenty nine dollars  24/100.   to be paid to
Matthias Walker, his executors, administrators, or assigns, to which payment we jointly and covertly bind ourselves and our executors and administrators ----6th April 1822.

The condition of obligation is such:  that whereas Judgment was this day
rendered by C. C. West, Esq., JP----against Samuel Nichalson for the sum of fourteen dollars 62 1/2 cents, and from which judgment the the said Samuel Nickolson hath made an appeal, to the next county court, --------if judgment against him, the said Samuel Nickolson will pay
the debt and satisfy the cost of the condemnation of the court, or render his body to prison in execution of the same or on his failure thereof that he the said James Nicholson shall pay the sum for him then the above obligation to be void, other wise to remain in full force.
signed by  Sam?l Nicholson, James Nicholson

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continued on the affidavit until next term of county court ---first Monday in Oct 1822
---came the said M. Waker by Child & Johnson, his attorneys and the said Samuel Nicholson ---came not nor did he say anything----therein wholly did fail and make default, whereby the said M. Waker remains therein undefended against the said Samuel Nicholson, wherefore the said M. Waker ought to recover against the Samuel Nicholson his damage ------M. Waker [Walker?] was awarded $14.62 1/2 cents for his costs, and charges by the court  to the said M. Waker with his agent which said damages cost and charges in the whole amount to twenty eight dollars seventy five cents. And the said defendant in mercy.

The State of Mississippi  vs Dave a Negro
Plea before the Honorable Thomas H. Proper presiding Justice, and Charles Stewart Esquire, an associate Justice.
The first Monday in Oct  1822

Be it remembered----on the third day of July 1822, before the honorable
James Carraway Charles Steward and Jeremiah Noland, Esquires, then Justices of said court,   Nicholas Dorsey  prosecuting attorney, ----- said that Dave a Negro Man, now in the custody of the Sheriff of said county, did wickedly, willfully, and of his malice aforethought, kill and murder his wife, Hannah, against the peace and dignity of

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of he State of MS -----comments into open court here the said Negro
Dave---pleads not guilty--Nicholas Dorsey Esquire, prosecutor, put themselves on the same Jury and Jurors of the said Jury----to wit
James Wilson
James Leech
Dudley Rutledge
Robert B. Hammett
Benjamin S. collier
Jacob Chambers
Resse E. Fleeson
Benjamin M. Mayes
Jeremiah Netterville
John C. . Quick
Levi Crow
Joshua D. Driggs
----upon their oath do say that they find the prisoner guilty in manner and form as charged in the information or suggestion filed against him. In the same day came the Negro Dave by Robert M. Gill, his attorney and says that no judgment son the said verdict by the said court ought according to the laws of the land to be rendered and that the same ought by the
court to be arrested, and the said Negro Dave by his attorney aforesaid, files in open court here the following reasons, in arrest of Judgment.
1st. That this court has no jurisdiction
2nd.  That it was no court in as much as Jere?h Noland was not commissioned to act as a Justice and there were but two presiding Justices,
3rd.  The finding of the Jury was contrary to law and evidence
4th. the venue and charge were not furnished the Prisoner, two entire days before the trial.  where up on it was considered by the court from its having appeared to their satisfaction, that Jeremiah Noland was not commissioned as a Justice, and that a quorum did not attend, that the finding of the Jury be set aside and that a new trial be granted.
Afterwards, to wit, that is to say at county court holden at the court house in and for the county of foresaid, before the Justice first aforesaid, on the seventh and eighteen day of October in the year of our Lord one thou

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sand, eight hundred and twenty two,  came the said Nicholas Dorsey, who prosecutes for the state and pleas in open court--------that Dave a Negro man now in the custody of the sheriff of Wilkinson county, did wickedly, willfully and of said  malice aforethougth, kill and murder his wife, Hannah.
----comes the said Negro Dave----pleads not guilty.
Jury--to wit:
Thomas B. Dougherty
Isaac D. Ogden
Edmund G. Vining
John Anderson
Jeremiah Harris
Daniel Slack
Alexander Ardry
Russell Lewis
John H. Durant
Alexander Cockrane
Daniel Ratcliff
Found him Guilty,  sentenced to be hanged  Friday, 1 Nov between the hours of ten O?clock in the forenoon, and three in the afternoon.

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9 Oct 1822
Came the said Negro Dave by Rob?t M Gill, his attorney and says that no judgment on the said verdict by the said court ought according to the laws of the land to have  been rendered and that the same ought by this court to be arrested.  and the said Negro Dave by his attorney aforesaid files in open court here that following reason in arrest of Judgment
1st. that a person was on the Jury who ha not been naturalized as a citizen of the U.S.A.
2nd.  The Jury dispensed and left the room in which the jury was confined.
Where up on it is ordered by the court that a motion in assest of judgment be overruled on the ground that the court has no Jurisdiction, in as much as the motion was made after the sentence of death had been passed by the court on the criminal.

The State vs. Dave
Oct term  1822
Be it remembered that on the trial of the cause and after the Jurors of the Jury aforesaid impaneled to try said issue, ---------The counsel for the state offered Charlotte a Negro woman as a witness who testified that Hannah, the Negro woman with whose murder the prisoner is charged of told her that Dave had cut her throat to which question the counsel
for the prisoner objected, as well as to any thing that Hannah might say on the occasion on the ground that the constitution of this state requires that in criminal proceeding, the witnesses and the prisoner must be confronted and that if hearsay evidence be admitted at all it can only be after the prosecution has shown satisfactorily to the court that the
deceased at the time of uttering the word expressed that she had no hope of recovery and believed that she was on the point of immediate death, which was not proven in this instance and the counsel for the Prisoner on behalf of the Prisoner did then and there object to the admission of such evidence and did then and there assert before the said court that any thing Hannah said should not be admitted to be details to the Jury until it
was proved that she believed she was on the point of immediate
depolution -----court overruled the objection and allowed the witness to detail to the Jury all that Hannah said on occasion ------the Prisoner by his counsel pray leave to except and that the court may sign and seal this his bill of exception which is accordingly done this 8 day of Oct. 1822.
Th. A. Proper
Charles Stewart

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Wilkinson county court, Oct. term 1822
The state vs Dave, a slave charged with murder be it remembered that at the trial of this cause the counsel for this prisoner objected that
this court had no Jurisdiction in as much as the cause was once tried before the old county court and the verdict at that time set aside on the reasons fitted of Record, which are in the words and figures following to wit
1st that this court had no jurisdiction
2nd that it was no court in as ;much as Jere?h Noland was not commissioned to act as a Justice and there were but two presiding Justices.
3rd the finding of the Jury was contrary to law and evidence
4th The venue and charge were not furnished the prisoner two entire days before trial

the cause continued from day to day for the purpose of getting a quorum until the court was abolished and there is no provision in the law organizing this court for the transfer of causes from the former county court and also because the court of probate is under the law and constitution the only court for the trial of slaves for capitol offenses.  The
counsel for the Prisoner further objects that if this court had jurisdiction
yet, the trial could not proceed at this time because the Prisoner could not have a fair and impartial trial by a petit Jury, in as much as a venue of only twenty four Jurymen was returned and a list of said Jurors was never given  accused nor to his attn. until one entire day previously to
the trial, or was the charge ever seen until the prisoner was was arraigned, both of which objections the court over ruled, to which opinion of the court the prisoner by his counsel prayed leave to except and that the court would sing and seal this his bill of expectancy
according to the form of the Statute in such cases made and provided and which is accordingly done this 8th day of Oct 1822, Th. H. Proper, Charles Stewart

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Thomas Randolph vs William Adams
Honorable Thomas H. Proper presiding
Edward McGehee esquire associate justice
1822, 47th year of independence
1st  Monday in Oct, 1822, John M. Wilson Esquire, Justice of Peace issued a warrant to the constables of Wilkinson county, to summon William Adams to appear before before him [Wilson] Sat. 29th to answer George F. Randolph, Jun. in a plea of debt.
Signed this
19th day of June 1822.   John M. Wilson, J.P.
action founded on a note amounting to fifty dollars with interest from the date at 10 percent per annum.  Witness my hand and seal this 1st day of April, 1822.
signed:  William Adams, [his mark] and witnessed by James Wilson.

William Adams and Elijah McDowell bound themselves to George F. Randolph, Jun, for the sum of one hundred dollars and ----cents.
signed and sealed, 2 day of July, 1822.

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?The condition of the obligation is such that whereas judgment was on the 29th June last, rendered by John M. Wilson Esq, a JP, against the above bound William Adams for the some of fifty dollars debt and two 50/100 dollars. William Adams hath prayed an appeal to the next county court. William Adams to prosecute his appeal with effect or failing therein, shall pay and satisfy the cost and condemnations of the court, or render his body to prison, in execution of the same, or on failure the said Elijah McDowell shall do it for him, then the above obligation to be void,
otherwise to remain in full force and virtue.  sighed by William Adams, his mark and Elijah McDowell, his mark.
9th Oct of the same term of the court, came the said George F. Randolph, Jun by his attorney, aforesaid, and the said William Adams came not nor did he say anything in bar or preclusion of the action of the said George F. Randolph.  ------Whereas it is suggested and  manifest by appear to the court here that the said George F. Randolph hath
sustained damages ?-----  Randolph was awarded damages and also the sum of nine dollar sixty two and one half cents for cost and charges by the court, and was awarded Sixty six dollars eighty eight
and one half cents.

John Stevens vs Chasteen Olds
Honorable Thomas H. Proper presiding
Edward McGehee esquire, associate justice
1st Monday of Oct, 1822
Cato c. West, Esquire, JP  issued a summons for Chasteen Olds to appear before him on Sat, 25th May 1822, to answer John Stevens of a plea of debt. signed and sealed 17th day of May 1822.
Signed C. C.West J. P.

Action founded on note amounting to $12.12 1/2 cents.
Note reads:   On the first Day of Jan, 1922, I promise to pay Jno Stevens,or bearer twelve dollars, Dec. 10 1821, sighed Chasteen Old.
John Stevens vs Chasteen old summons dated 17th May 1822.  executed May 23rd and judgment for plaintiff for amount of note, $10.00, May 25th, 1822.
?a true copy from my docket of the proceedings had in the above cause May 3rd 1822?
C.C. West JP Chasteen Old and John Glover  provided security of $24.25 signed and sealed 28th May 1822
Judgment rendered 25th May 1822 of $12.12&2/100  for the plaintiff, Chasteen Old appealed 9 Oct 1822, John Stevens was represented by Hairy Cage and Chasteen Old came not.
judgment by default for John Stevens $12.22 and $9.62 1/2 cent for cost and charges.
John Stevens appealed, saying costs and charges amounted to $22.34 1/2 cents.

END