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Case 281 from Spartanburg Magistrates and Freeholders Court (1864)

CASE 281
STATE OF SOUTH CAROLINA
Spartanburg District

The State vs Jesse a slave of Mr Venning: Buglary
Oath & Warrant

Personally appeared before me J. M. Elford Magistrate for the District and State aforesaid Wm H. Walker and made oath in due form, that his dwelling House in the town of Spartanburg was broken open and entered into in the night time in or about the 19th of July last & sundry goods stolen therefrom & he has reason to believe that Jesse a slave of Mr Venning was guilty of the same and therefore should be made to answer according to law.
Sworn to and subscribed before me this 5th day of August A.D., 1864

By J. M. Elford Magistrate in and for said State.

To any Lawful Officer:

Whereas complaint on oath has been made to me by Wm H. Walker that his dwelling House in the town of Spartanburg was broken open & entered into in the night time on or about the 19th of July last & sundry goods stolen therefrom and that he has reason to believe that Jesse a slave of Mr Venning was guilty.
These are therefore to command you forthwith to apprehend the said slave Jesse and bring him before me or the next Magistrate, to be dealt with according to law.
Given under my hand and seal, this 5th day of August A.D., 1864

J. M. Elford Magistrate

Nol Prosequi August 12 1864

The State vs Calvin a slave of Mrs M. B. Walker: Burglary
Oath & Wart

Personally appeared before me J. M. Elford Magistrate for the District and State aforesaid Wm H. Walker and made oath in due form, that his dwelling House in the town of Spartanburg SC was broken open and entered into in the night of the 19th of July last and sundry goods stolen therefrom and that he has reason to believe and verily does believe that Calvin a slave of Mrs M. B. Walker was guilty of the same and therefore should be made to answer according to law.
Sworn to and subscribed before me this 5th day of August A. D., 1864

J. M. Elford Magistrate

By J. M. Elford Magistrate in and for said State.
To any Lawful Officer:
Whereas complaint on oath has been made to me by Wm H. Walker that his dwelling House in the town of Spartanburg was broken open and entered into on the night of the 19th of July last and sundry goods stolen therefrom and that he has reason to believe that Calvin a slave of Mrs M. B. Walker was guilty of the same. These are therefore to command you forthwith to apprehend the said Boy Calvin and bring him before me or the next Magistrate, to be dealt with according to law.
Given under my hand and seal, this 5th day of August A. D., 1864

J. M. Elford Magistrate

The State vs	Norris a slave of J. H. Steinmeyer: Burglary
	Calvin a slave of Mrs M. B. Walker
	Jessy a slave of Mr Venning

Jurors
1. J. H. Carlisle
2. A. B. Mc Donald
3. Chas West
4. Wm Lockwood
5. Joseph Foster
6. Robert Thomlinson
7. Peter Smith
8. H.E. Heinitsh

To any Lawful Officer you are herewith ordered and require to summons the following named persons, to be and appear at Spartanburg CH on Friday morning next at 10½ oclock as jurors to try the following cases

The State vs Norris a slave of J. H. Steinmeyer : Burglary
The State vs Calvin a slave of Mrs M. B. Walker : Burglary
The State vs Jesse a slave of Mr Venning : Burglary

viz J. H. Carlisle, A. B. McDonald, Charles West, Joseph Foster, Wm Lockwood, Robert Thomlinson, [Joseph Foster was marked out] Peter Smith, & H.E. Heinitsh-
Fail not under the penalties that may ensue thereon-
Given under my hand & seal at Spartanburg August 10th 1864

J. M. Elford
Magst

Trial & Sentence of Norris a slave of J. H. Steinmeyer

Jurors	Jury Selected
1. J. H. Carlisle	1. = J. H. Carlisle
2. A. B. McDonald	2. = A. B. McDonald
3. Chas H. West	3. = Chas H. West
4. Wm Lockwood	4. = Wm Lockwood
5. Joseph Foster	5. = Peter J. Smith
6. Robert Thomlinson
7. Peter Smith
8. H. E. Heinitsh

J. R. Hutchison sworn- says that the Boy was at work at the yard- he hung the skins on a [illegible], the Boy came up several times to grease his tools- about day break next morn he was told by a boy that some one was in the Learth house- told him to bring my- could not catch the man that was in there- went for a light and found the skins missing- went for Brawley and got his dog and tracked him found wet shoes- found the leather in his house-
Ex- he was not in the house when I got there-

A. Brawley sworn says that was sent for a month ago to cacth some one- lost the track came [illegible] lot and found wet shoes did not find the leather-some two weeks after went back and found the leather in the room occupied by Norris- the boy was not there when we first got there the first morning- found a pistol and ammunition in his trunk- the pistol looked like it was fresh loaded.
Ex- He did not explain how the pistol became loaded- said they were his shoes- said that his shoes were wet by going- His pants were wet- did not see the shoe tried to the track

Isaac- says his wife told him somebody was in the leather house Mr. Hutchinson went for gun- got glimpse of the running- did not who it was- whether he was black or white- saw it was a short man-

Abraham- says he could not tell who the man was- was helping in the house the woman told him some was taking the Leather- saw him- was afraid to go to him- did not see his face- did not know whether he was black or white- had on black clothes

W. H. Trimmer- knows the boy and he stays in his yard knows that he is a boy off apparently from charleston-

Capt Steinmeyer sworn say that the boy belongs to his father- that the boy was regarded as honest and correct had charge of him- considered him trustworthy- his father owned him for seven or eight years-

The evidence in this case being given- The Jury sitting have decided that the Boy Norris was not guilty of Burglary, as there is no proof of the breaking into the House but that he was guilty of a high misdeamor by entering into the house of Mr Chapins and taking therefrom a number of goat skins finished- and that the jury devise to apress that the offence was more aggravated by the said boy having in possession a loaded pistol apparently freshly loaded.
They therefore agree unamiously that the said boy Norris is guilty of a very high misdeamor and the sentence for the Court is that he be taken to the Jail from whence he came and there be confined in solitary confinement for two months this date- and that he receive upon entering the jail twenty five lashes on his bare back with a strap well laid on and on each Saturday morning hereafter for seven weeks that he receive twenty five more in the same manner & free excepting on tomorrow it being the first Saturday-
Signed & sealed this 12 August 1864

The State vs Calvin: Burglary

Jury Summoned	Jury to try case
J. H. Carlisle	1 J. H. Carlisle
A. B. McDonald	2 P. J. Smith
Charles West	3 Joseph Foster
Wm Lockwood	4 R. M. Tomlinson
Joseph Foster	5 H. E. Heinitsh
Robert Thomlinson
Peter Smith
H. E. Heinitsh

W. H. Walker- sworn says that my house was broken open robbed as stated in In^dm Mr Farrow has arrested this boy- I not the boy told him to tell me the truth- said he would said he and Nick both went into the house- that both went into the house- that he only broke one lock- that Nick was the only agent in the affair- no goods found in his possession- I used no [illegible] and or threat- on Saturday night he said Nick came to him and said that go with him to get some things they went to my house when Nick handed from the house a keg of whiskey-

Ex- Mr. Farrow was with me- I offered him no inducements to confess- Mrs Lucas' negroes said that Nick took the goods there & Cal with him- but Cal belongs to my mother- his character has been bad- when he can't git liquor to drink he is a good hand to work- have found my liquor in his possession- never trusted him much- he never had much to do with my affairs- don't think he has been in the yard since Christmas- have had nothing to do with any of them- I was gone to Columbia at the time of the robbery- made no threat or promise of reward to Calvin to confess-

Ex- Left all the doors locked when I went to Col. when I got back found the locks broken- found whiskey missing found the bolt to window in the basement broken- found a crowbar that had been used in breaking open the doors- Calvin acknowledged that he did go in the house in the first confession - in the 2nd he said he only went to the window- said he broke one lock-

J. B. Archer sworn says that- knows nothing more than the boy said ( Calvin) about this was the day after they were put in prison- said Nick went into the house and got the things- said there were three of them- understood that he aided carrying the things off
Ex- he said there was another boy there- don't recollect who the boy belonged to- that he got some of the things

T. W. Farrow sworn says that he arrested the boy because Mr L's negroes said he brought the goods there
at his first confession he said that he and Nick broke open the door with the part of the bedstead
2nd confession said that the house was broken before he went- that they had sold the whiskey out- carried the goods to Mrs L's- he denied the last time that he helped to break open the house-
it was only a little before day when they got there
Ex- No inducements offered for the boy to tell the story- Mr Walker said that he had proof to enough to convict him without his telling a lie about it

Kattie - says she don't now any thing about stolen goods- he left a bundle at my house- did not know what was in it- Calvin brought the Leather to my house- he brought a bundle to my house the night the robbery was committed- it was dark-
Ex- there was no one with him- said Nick was at home- did not know there was Leather there until the patrol came- never searched the bundle- never thought about the bundle- it was late when the patrol came- Calvin came before bill viny-

The undersigned jurors selected to try the case of the State vs Calvin a slave of Mrs M. B Walker charged for Burglary have decided after herein the evidence that the said slave Calvin has been guilty of Burglary but with mitigating circumstances
And that they sentence the said boy Calvin to solitary confinement in the common jail untill the 1st day of November next- and to receive for the first four weeks fifty lashes on the bare back well laid on each week commencing the 1st day of September next-
and the second four weeks of his confinement to receive twenty five lashes each week in the same manner-
And to be discharged at 10 oclock on the 1st day of November next- making in all three hundred lashes- Spartanburg August 27th 1864