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Found this court case from 1768 while researching my Tryee family connections in Hanover and Louisa Counties in virginia, about the son of a Catawba girl brought to Virginia and sold as a slave. Its from a book titled Louisa County Virginia Judgements.
Charles Hutchinson called 10 Nov. 1767 to answer the charge of Indian Joe (who by leave of the court sues in form a pauper of a Plea of Trespass assault battery and false imprisonment damage L10.
Indian Joe vs Hutchinson Capias, Apl. 1768 Condl. Order 12 Apl. Yesterday order discharged not guilty and issue; August Condl; Sept. Court Conv. Awarded to take dep. Of Saml. [illeg.]; March 1769 Verdict and judgmt; 1769 Nov. executed the deft. Says the pltf is a slave; the plt. Reply he is a freeman. Jury: William Hughs, William Garnett Jr., Love Statham, William Robinson, Benj. Timberlake, James Robinson, William Hendrick, Rich. Coles, William Shelton, William Melton, David Gentry, John Venable-
Joe vs .Hutchinson
Eleanor Stanley and Samuel Clark called to testify 11 July 1768.
James Johnson summoned to appear 9 Aug. 1768. Mary Brown and Robert Glass called 11 July 1768.
Mary Brown aged 34 years being duly sworn by consent of Parties in a suit brought in Louisa County Court by Indian Joe, Pet. Against Charles Hutchinson, Deft. deposeth and saith that she heard a woman names Priss who was reputed an Indian but of what Nation she knows not call the Joe her son and as such the said Joe was reputed in the family with whom she lived, the said Joe living sometime in the said family whilst she did, but that the said Joe was born as she has been informed at a Plantation belonging to her father, John Thompson, at a distance from his mansion house and further saith not. Mary Brown.
I hereby certify that the above deposition was sworn by the above named Mary Brown before me this 8th day of August 1768. Nathl. Pope.
The testimony of Samuel Clark a witness for the said Plaintiff was, that he was acquainted with the said Priss and that she was reputed a Catawba, that she told him she was a Catawba and that her head had been tyed to a board to make it flat- that he was acquainted with the Catawba Nation and that was their custom to press their infant heads flat and that he is convinced she was a Catawba, that he heard the daughter of the said Hix say that the said Priss was not a slave and ought not to be held as such. That she was brought from the Catawba Nation and was sold by her father for a horse of small value, that one Pohess an Indian trader told him that he was with the said Hix whom he brought the said Priss from the said Nation, that the said daughter of the said Hix and the said Pohess are now dead. That he heard the said Williams give the same reason for selling the said Priss at a great house from William then dwelling as is mentioned by Stanley. That the said Thompson lived in Hanover and Williams on Meherin River in a Southern County.
The testimony of James Johnson a witness for the said Pet. Was that he was overseer for the said John Thompson several years and that the said Priss was under his care, that she was called Indian Priss- That he heard the said Thompson say that he believed the said Priss was stolen, that he gave L30 for her. That the Pet. was always [illeg.] and that he believed the said Pet. to be the son of the said Priss as she suckled him.
To which Evidence the deft. by his attorney objected as being insufficient and the same was allowed to go to the Jury who formed a verdict for the Pet. By consent of Parties this to be taken and to have the effect of a bill of Exceptions. J. Lewis for Deft. and W. Bowler for Pet.
The testimony of Elenor Stanley a witness for the pet. was that she lived with {blank} William her father in house about 30 years ago. That whilst she lived with him he purchased a girl names Priss who was reputed a Catawba Indian. That Williams purchased the said girl of one Davis who she understood purchased of one Hix an Indian trader. That Davis age about 16 as she understood. That the said Priss was about 15 or 16 years of age and well grown. That before Williams paid the said purchase money it being remoured that the said girl was not a slave but had been induced by Hix to leave the Catawba Nation and come to Virginia with him. Williams refused to pay for her til a bond was made to him by Davis to indemnify him in case it should be found that the said girl was not a slave. That the said Williams being about to move towards the Catawba Nation determined to sell the said girl as far from them as he could that he might not run the risque of having her taken from them. That he accordingly sold her to John Thompson of Hanover County for L30. That she has several times heard the said Priss say that she would endeavor to get free but that she never attempted it to her knowledge in that from the manner of the said Priss speaking English her features and hair, she is convinced the said Priss was an Indian. That the Plaintiff hath been always reputed the son of the said Priss. That she has seem him such and that she owned his as such.
9 July 1768 Mary Brown aged about 35 years, deposeth and sayeth that Indian Joe was the reputed son of Priss an Indian Woman belonging to John Thompson, dec’d. and that the said Indian woman dyed in the possession of the said John Thomason under the circumstances of his slave, as this deponent understood and further this deponent sayeth not. Mary Brown.
Robert glass aged about 64 years deposeth sayeth that about 19 years ago he was overseer for Mr. John Thompson and that Priss an Indian woman was the reputed mother of a fellow called Indian Joe and that he believes him to be upwards of 23 years by what he has heard his mother say concerning his age and further this deponent sayeth not.
Indian Joe who is allowed to {illeg} for his freedom as a poor person complains of Chas Hutchinson in custody etc. The Deft of plea saith that the plaint is a slave. Plaint reply and says he is no slave but has a right to freedom by the laws of the lands.
Saml Clarke aged about 51 years and sayeth that about 35 or 36 years ago, one Thos Williams who had married this deponents mother brought into Hanover County an Indian Wench, which he said he had bought of one John Davis who lived on the waters of Meherrin, about 5 years after which this deponent went out to the southward and was at the home of one Tabitha Crawley, a widow, who was a daughter of one Hix, an Indian trader, she inquired of this deponent, what was become of the Indian wench that Williams had bought of Davis, on which he told her that Williams had sold her for a slave to one John Thompson, a Merchant, on which she said poor girl. That she ought not to be a slave and that her father had persuaded her away from the Indians and that she might easily get free if she would try for it and further said that her father had sold the girl to John Davis for a horse of small value. Then was present one Davis Porteass who was an Indian trader who told this depont that he was out at the Catawber Town when Capt Hix persuaded the girl to go with him and that she was a lone girl her mother being dead. Hanover Co. 27 May 1768.
Elenor Stanley aged about 62 years sayeth so near as she can remember about 35 or 36 years past one Thomas Williams, who marryed this deponent’s mother, brought an Indian Wench called Priss Tyree into Hanover which he said that he bought of one John Davis who lived in Prince George County and understood that Davis had bought the said wench of one Hix, an Indian trader. A few months after Thomas Williams had bought the said wench the said Davis came to Williams for the money that he was to give for her on which a dispute arose betwixt them, as the wench had told Williams that she was free born and that they had no right to make her a slave, and Williams said he would not pay the money till Davis gave him a bond to repay him in case the wench got free on which Davis gave him a bond and this depont was a witness to it, and that she understood that Williams had given a low price for the said wench. But do not remember how much. Thomas Williams did not keep the said wench but a few months before he sold her to John Thompson, merchant dec’d. The said wench appeared to be a true Indian and said she was a Catawber.
OK, last post. I got a little lazy at the end and didn’t type out everyword, but you get the idea.
Indian Nan vs. Thompson Exors
Samuel Clarke aged about 54 years and sayeth that he was in Prince George County, now Dinwiddie County, about 34 years ago and that the daughter of Capt Hix, an Indian trader, named Tabithy Crawley, asked this deponent what was become of the Indian Girl named Priss, which he told her, was sold to John Thompson, Merchant of Hanover County, and that the said Tabithy Crawley, said it was very hard that she should be a slave, for that her father, Robert Hix, had persuaded her form the Indian Nation and that one Portio the Indian Trader was standing by and sayed she ought not to be slave, that he was at the Catawber Nation when Capt Hix brought her away and that the said Hix sold the said Indian Girl Priss to John Davis and Davis to Thomas Wiliams and Williams to John Thompson, merchant of Hanover County. February 1771.
Eleanor Stanley aged about 64 years and sayeth that about 34 or 35 years ago she heard Thomas Williams say that he bought an Indian Girl named Priss of John Davis which said Indian girl he the said Williams had in possession for some time and then sold her to John Thompson, Mercht of Hanover County and that the said Williams wife, was very unwilling he should part from her but he told his said wife that he was going to Dinwiddie County to live, from whence he bought the said girl and that he expected she would sue and obtain her freedom and that he was resolved to dispose of her as soon as he could. 9 February 1771.
Stanleys Depo. To prove that Nan’s mother was a free Indian.
Wm Nolt Exor. Of Jno Thompson, dec’d,. was called to answer Indian Bartlet, infant under the age of 21 years by Indian Joe their next friend {illeg}
Justices called Eleanor Stanley and Samuel Clark witnesses as well on behalf of Indian Nan, Bartlet, Priss, and Betty infants under the age of 21 years by Indian Joe their next friend Plts. as on behalf of Wm Holt
We the Jury find the plaintiff has a right to freedom and asses dam. for the plaint. one penny.
Oh, and in case its to much to wade through for some folks, its about Indian Joe, son of Priss Tyree, a Catawba girl. It also mentions Indian Nan, Bartlet and Betty. I find it interesting that it mentions Catawbas practiced head flattening. I hadn’t realized that.
This case was published in the county historical society’s journal. I don’t know whether the contributor, Janice Abercrombie, did any additional research (apart from transcribing the court record) or commented on the case. It has sort of been on my “to do” list to look that up sometime.
http://trevilians.com/lchstoc1.htm#Volume%2018
Volume 18, Spring 1987, pp. 7-10
“Suits of Indian Joe, Nan, Betty and Indian Bartlett”
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