Sally Cross v. Sarah E. Linton. Affidavit of Sally Cross


Sally Cross and Martha Cross
Sarah E. Linton

Petition for freedom.

Personally appeared this day before me Henry Naylor a Justice of the Peace for the County of Washington and District of Columbia Sally Cross one of the Pltffs in the above suit and made oath that she cannot safely go to trial at the present term of the Court because of surprise in this to wit That she had employed counsel to attend to the said suit and expected they would furnish her with the necessary information to get ready with her witnesses which was not done, but to her astonishment she was informed on or about the 15th day of April of the present Term of the Court that they had abandoned her case

In view of this she immediately employed Mr D Ratcliffe (an attorney of the Court) who had a consultation with Mr Linton, the Counsel for the Defendant and was informed by him (Ratcliffe) that said Linton would take one hundred and fifty Dollars payable in six, twelve and eighteen months with Security and let your petitioner and her Daughter the other Pltff in said suit so acquit. To this proposition the affiant assented and has [illegible] to get the necessary security but has not yet succeeded. She has no doubt however, that if a reasonable time is allowed her, she will be able to do so and should she fail in this (which is not probable) The Trial of said cause shall not be delayed another term at her [illegible] if this can be accorded consistant with the ends of Justice. In consequence of the proposition aforesaid, to compromise said suit, for the sum of one hundred & fifty Dollras. This affiant neglected to procure the testimony of Mrs Cecilia Philips, the Mother of the Defendant   who was in the City of Washington at the time, of said proposition, but left immediately thereafter and will not return during the present term of this Court, as this affiant is advised. And that she cannot safely go to trail without the testimony of the said Cecilia. By this witness the affiant expects to prove that she and her Daughter (the other Pltff in this suit) [illegible] slavery for life in the state of Virginia and were brought to the City of Washington four or five years since by the authority of the said Defendant to reside. That at the time said affiant and her Daughter were brought to said District, the said Defendant was a resident therein and had continued to be so four or five years prior to the importation, into the said City, of this affiant and her Daughter as aforesaid. That this application is now made for [illegible], but for the ends of Justice and that this affiants expects by the next Term of the Court to procure the testimony of the said Cecilia Philips.

Sworn to before me a Justice of the Peace the 26th day of April 1847.

H. Naylor J.P.


"being satisfactorily proven"