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Case 282 from Spartanburg Magistrates and Freeholders Court (1864)

CASE 282
STATE OF SOUTH CAROLINA
Spartanburg District

The State vs Rose & Caty slaves of Mrs E. C. Lucas: Receiving stolen goods

Personally appeared before me J. M. Elford Magistrate for the District and State aforesaid Wm H. Walker and made oath in due form, that he has reason to believe and verily does believe that Rose a slave of Mrs E. C. Lucas & Caty also a slave of Mrs E. C. Lucas has been guilty of receiving stolen goods which were stolen from him about the 19th of July last 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 was broken open on the night of the 19th of July 1864 and sundry goods stolen therefrom, and that Rose a slave of Mrs E. C. Lucas and Caty also a slave of the same was guilty of receiving the same
These are therefore to command you forthwith to apprehend the said Rose and Caty
and bring them 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 Spam a slave of Mr Wagner: Receiving stolen goods
Oath and Wart

Personally appeared before me J. M. Elford Magistrate for the said District and State aforesaid Wm H. Walker and made oath in due form, that his dwelling house was broken into on the night of the 19th of July last sundry goods stolen therefrom and he has reason to believe that Spam a slave of Mr Wagner was guilty of receiving a part of said goods
and therefore should be made to answer according to law.
Sworn to and subscribed before me this 6th 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 and entered into in the night time on or about the 19 of July last and he has reason to believe that Spam a slave of Mr Wagner was guilty of receiving a part of said goods
These are therefore to command you forthwith to apprehend the said slave Spam
and bring him before me or the next Magistrate, to be dealt with according to law.
Given under my hand and seal, this 6th day of August A.D., 1864

Nol Prof August 12. 1864

The State vs Stephen a slave of Mr Baker: Receiving stolen goods
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 on the night of the 19th of July last and sundry goods stolen therefrom and that he has reason to believe that Stephen a slave of Mr Baker was guilty of receiving a portion of the same
and therefore should be made to answer according to law.
Sworn to and subscribed before me this 6th day of August A.D., 1864

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 in the night time on or about the 19 of July last and sundry goods stolen therefrom & that he has reason to believe that Stephen a slave of Mrs [illegible] was guilty of receiving a part of the same
These are therefore to command you forthwith to apprehend the said slave Stephen BR>and bring him before me or the next Magistrate, to be dealt with according to law. BR>Given under my hand and seal, this 6th day of August A.D., 1864

J. M. Elford
Magistrate

Nol Pros.- August 20, 1864

The State vs Spam a slave of Mrs Wagner : Receiving stolen goods
The Same vs Rose & Caty slaves
Stephen a slave of

Jury -	W. E. Dean
	J. J. Boyd
	J. W. Maxwell
	Charles Kenison
	Jas A. Fowler
	R. W. Folger
	J. T. H. White
	D. W. Moore
	Wm Irvin

To any lawful officer
You are hereby ordered and required to summons the following named persons to appear a Spartanburg C.H. on Friday morning next at 12 oclock to serve as jurors in the case of
The State vs Spam a slave of Mrs Wagner for receiving stolen goods
The State vs Rose & Caty slaves of Mrs Lucas,s for receiving stolen goods
The State vs Stephen a slave of Mr [left blank] for receiving stolen goods

viz W. E. Dean, J. J. Boyd, J. W. Maxwell, Charles Kenison, Jas A. Fowler, R. W. Folger, J. T. H. White, D. W. Moore

Fail not under the penalties that may ensue thereon
Given under my hand and seal this 10th August 1864

The State vs Stephen a slave of Dr Baker: Receiving stolen goods
Trial

Jury Summoned	Jury Drawn
1 W. E. Dean	W. E. Dean
2 J. J. Boyd	Charles Kenison
3 J. W. Maxwell	Jas A. Fowler
4 Chas Kenison	J. T. H. White
5 Jas A. Fowler	Wm Irvin
6 R. W. Folger
7 J. T. H. White
8 D. W. More
9 Wm Irvin

Calvin- says that he knows Stephen- did not see him in possession of any of the goods of Mr Walkers- heard no conversation between he & Nick about the goods-

The State vs Rose & Caty: Receiving stolen goods
Trial & Sentence

Jury Summoned	Jury Drawn
1 W. E. Dean	1 = W. E. Dean
2 J. J. Boyd	2 = J. T. H. White
3 J. W. Maxwell	3 = J. J. Boyd
4 Chas Kenison	4 = Chas Kenison
5 Jas A. Fowler	5 = D. W. Moore
6 R. W. Folger
7 J. T. H. White
8 D. W. More

A. H. Smythe sworn- says that while patroling he heard talking in Mrs Lucas house- concluded to go- got in where Kattie was- Kattie pretended to be asleep- examined under the bed- found frist a roll of leather, a piece of homespun, bunch of yarn- said that Mrs Walker's Calvin carried them there- saw the next day w/keg which had been sawed in two- found 4 plugs of tobacco and a piece of bacon- Kattie said she know nothing of the whiskey- found two bottles and one in her trunk- found nothing but the tobacco in Rose possession Ex-Kattie said Calvin left there to be kept for him-
First told me the goods belonged to her master-

F. Jesse sworn says- that he corroborates what Mr Smythe has said that she Kattie was in bed when Calvin brought the goods there- searched Rose room but found nothing- knows nothing in regard to the whiskey- found and the piece in an occupied room- all sole leather- saw no one there but the two defendants-
Ex- searched no other house but this- Kattie said the boy was to come for the things, that night- It was about one or two o'clock at night
Took from Kattie's trunk the uppers of a pair cloth garters- said Mr Farrows girl had made them for her

P. W. Farrow sworn- says - knows nothing more than has already been told- found the tobacco afterwards- took charge of the goods, Leather, Homespun and yarn kept them in his possession since

A. Brawley sworn says that he know nothing of what transpired that night
-Examined the house the next morning- found the keg cut in two- found three parcels of whiskey- found a jug of whiskey in the house, in the pantry of - Strochecker thought it was whiskey left by Mr Lucas-

W. H. Walker sworn says- that he lost a good many article some time ago- examined the goods found at Lucas- identified the leather, yarn, keg and squirrel skin- knows them to be his- knows the keg from particular marks- satisfied that the tobacco is his- the keg had between 10 and 11 gallons of whiskey in it-
Ex- other articles stolen besides what were found- Tobacco put up by the same person look, very much alike am satisfied that it is the Same brand if not the same tobacco- bought it from Owens or Coleman.
Rose said she bought the tobacco to send to her husband- Kattie said the keg was fond there one morning- that they had never been used-

The jury hearing the evidence have decided that - Caty is guilty of the offence charged- and that she be sentenced to be carried to jail and here be confined in solitary confinement for two weeks and receive on her bare back seventy five lashes, twenty five lashes when she is first confined, twenty five on Friday following and twenty five upon being discharged
Given under our hand this 12 August 1864

J. M. Elford	W. E. Dean
Magst	Chas Kenison
	J. Thos H. White
	J. J. Boyd
	David W. Moore

Rose not guilty-

You are hereby ordered to summons Magarett a slave D. W. Moore to appear at Spartanburg CH forthwith as a witness in the case of the State vs Same a slave of Dr Baker for receiving stolen goods
Given under my hand & seal this 20 August 1864