Charlotte v. Henry Clay. Answers to Interrogatories of Ezekiel Richardson et al.

 

District of Columbia, To wit:
The United States of America,
To John C Henry & Brice J. Goldsborough, of Cambridge Maryland

Know ye, That you, are appointed commissioners to examine evidences in a cause depending in the circuit court for the county of Washington, in the District of Columbia, between Negro Lotty for herself and children vs Petitioner for freedom and Henry Clay, Defendant

There You, are requested, having first taken oath hereunto annexed, and also administered the annexed oath to the person whom you shall appoint as clerk to attend the execution of this commission, that at such time and place as to you shall seem convenient, you cause to come before you, all such evidences as shall be named or produced to you, by either the plaintiff or defendant, and that you examine them upon their corporal oaths, to be by you, administered, on the Holy Evangely of Almighty God, touching their knowledge or remembrance of any thing that may relate to the cause aforesaid; and that you, cause notice to be given to the parties, or their attornies, of the execution of this commission, before you execute the same; and having reduced the depositions of the witnesses, so taken by you, into writing, you send the same, with this commission, closed under your, hands and seals to the judges of the said circuit court, with all convenient speed.

Witness the honourable Wm. Cranch esquire, chief judge of the said court, the 13th day of August in the year of our Lord, one thousand eight hundred and twenty nine.

Issued the 14th day of August 1829.

Wm. Brent, Clk

Beale for petr.
(Dawson for Deft)

 

Commissioners' Oath

You shall, according to the best of your skill and knowledge, truly, faithfully, and without partiality to any or either of the parties, take the examinations and depositions of all and every witness and witnesses produced and examined, by virtue of the commission hereunto annexed, upon the interrogatories now, or which may hereafter, before the said commission is closed, be produced to and left with you by either of the said parties. So help you God.

I certify that John C Henry, & Brice J. Goldsborough the commissioners within named was duly sworn to the above oath. Before me.

James Houston
a Justice of the Peace

Decr. 11th 1829.

Clerk's Oath

You shall truly, faithfully, and without partiality to any or either of the parties in this cause, take, write down and transcribe, the depositions of all and every the witness and witnesses produced before and examined by the commissioners,             named in the commission hereunto annexed, as far forth as you are directed and employed by the said commissioners             to take, write down, and transcribe the said depositions, or any of them. So help you God.

 

Pursuant to the powers vested in us, the subscribers, by the above annexed commission, having first take then oath annexed and also administered on the Holy Evangely of the Almighty God the annexed oath to John W. Crisfield whom we appointed as Clerk to attend to the execution of the foregoing commission, and have this day caused to came before us, all such evidences as were named to us, and we examined them upon their corporal oaths, touching their knowledge or remembrance of any thing that may relate to the cause mentioned in the above commission

In testimony whereof, we have this eleventh day of December in the year one thousand eight hundred and twenty nine, set our hands and seals.

John. C. Henry (seal)
Brice J. Goldsborough (seal)

Ezekiel Richardson Esqr: Clerk of Dorchester County Court, and above twenty one years of age, after having taken the proper oath, answered the following interrogatories in the manner herein ordered.

1st Interrogatory. Do you know, whether or not, Lotty the party petitioner named in the annexed commission, was at any time the slave of a certain Daniel Parker of this County?

Answer. I do not.

2nd Intr: Is there any record in the clerk's office   of this county illustrative of the mode by which James Condon formerly of this county became possessed of this negro Lotty?

Ans: There is not.

Intr: 3rd Is there any deed of manumission from Daniel Parker, or from any other person, to negro Lotty recorded in your office?

Ans: There is not. There is a deed of manumission from George Stanley to negro Rachel Stanly who, I am told, is the mother of Lotty, executed the sixteenth day of February seventeen hundred and ninety two. There is none to Lotty.

Intr 4. Are you in possession of any facts or can you designate any person who can make known any facts, tending to establish that claim to freedom which Lotty has asserted in a court of law?

Ans: I am in possession of no facts and I know of no person in possession of such facts.

Intr: 5th If you have any further intelligence on this subject declare the same as fully as if you were specialy interrogated?

Ans: I have no further intelligence.

E Richardson

William Reed Deputy Register of Wills for Dorchester county and above twenty one years of age, after he had taken the annexed oath answered the following questions in the manner exclaimed.

Intr: 1st Was or was not Lotty, who is the petitioner in the annexed commission, formerly the slave of   Daniel Parker late of Dorchester County?

Ans: I have always been told so; but I have no legal intelligence on the subject.

Intr: 2nd Is not the said Daniel Parker now deceased, and when was the inventory of his personal estate returned to the appropriate office?

Ans: Daniel Parker is dead; and his inventory was returned to the Register's office in the year eighteen hundred and one.

Intr: 3rd Is or is not the name of Rachel the mother of Lotty or is the name of Lotty any where to be found in the inventory of the said deceased's personal estate or is the name of either mentioned in the last will and testament of the said Daniel Parker?

Ans: The name of Rachel or Lotty is neither mentioned in the inventory or will of Daniel Parker

Inter: 4th Was or was not James Condon living in this county at the time of Daniel Parker's death; and had James Condon possession of negro Lotty at that time?

Ans: James Condon was living in this county at the time of D. Parker's death; and I find by reference to the books of the Commissioners of Tax for this County that James Condon was assesed in the year 1804 with a negro girl slave for life; I do not know whether that [strikethrough] slave was called Lotty.

Intr: 5th Are you not clerk to the Commissioners of the Tax for this county?

Ans: I am.

Intr: 6th Was or was not Daniel Parker at any   time assesed with a negro slave called Lotty?

Ans: There is no evidence appearing on the Books of his paying tax for a slave called Lotty.

Intr: 7th Was or was not James Condon at any time assesed with a female negro slave for life during the last year he remained in this county?

Ans: He was assesed with a female negro slave for life and with no other of any description.

Intr: 8th Do you know any person or any fact that can aid Lotty in the establishment of her claim to freedom; if you do, now declare the same?

Ans: I know no person or fact which can lend her any assistance.

William Reed

John Mowbray of Dorchester County and above twenty one years of age after having been duly sworn answered the following interrogatories in the manner as herein declared:

Intr: 1st Did you ever know James Condon formerly of Dorchester County; if yea, at what time and how long?

Ans: In the year 1798 or there about seventeen hundred and ninety eight I became the apprentice of James Condon and remained an inmate of his family till the spring of eighteen hundred and five.

Intr: 2nd During the lapse of this time had Condon any slave or slaves in his family or elsewhere?

Ans: During this time James Condon has in his family one negro slave called Lotty Stanley. He had no other slave at any except a negro boy   whom he owned a short time.

Inter 3rd. How old was Lotty at the time James Condon first got possession of her; and how old was she when Condon left this County?

Ans: When I went to live with James Condon I found in his family negro Lotty and I do not know how long she had previously lived there. When Condon left this State Lotty was about between fourteen and sixteen.

Inter 4th Do you know from whom and in what manner James Condon became possessed of negro Lotty?

Ans: I have always understood and believed that she was purchased of Daniel Parker; for what time I know not.

Intr: 5th Do you know the name of Lotty's mother?

Ans: I have always heard and believed that she was daughter of Rachel Stanley th once the slave of Daniel Parker.

Intr 6th. Can you in any manner render Lotty any assistance in sustaining her alleged right to freedom; if you can fully make known the same?

Ans: I know nothing which will avail in the prosecution of her suit. While in Condon's family I have frequently heard Mrs: Condon say, at times when a little provoked with Lotty's conduct, that she (Lotty) should not be free so soon as Lotty expected. I have also heard in Condons family that Lotty was promised her freedom; whether by James Condon, his wife, or Daniel Parker I do not know.

 

Intr: 7th When James Condon was about to leave this State was or was or wa not that fact generally known; and was or was not the further fact known that he intended to carry with him this negro Lotty; and any efforts made to arrest her?

Ans: It was a fact notorious that Condon was about to leave this state and carry with him negro Lotty; and I heard no objection at that time nor since, till the institution of the present suit.

John Mowbary

William Flint of Dorchester County and above twenty years of age after having been duly sworn answered the following intterogatories in the manner as here declared:

In: 1st Did you ever know James Condon formerly of Dorchester County; if yea, when and how long?

Ans: I did know him from the year seventeen hundred and ninety seven till the spring of eighteen hundred and five: when he left the state.

Intr: 2nd During this lapse of time had Condon any slave or slaves in his family or elsewhere?

Ans: During this time I lived under the same roof with Condon and he had no slave except negro Lotty who lived in his family.

Intr: 3rd How old was Lotty when Condon left here for the Western County?

Ans: She was about eighteen years old. I knew her well she was grown to a woman some years before he left the state.

Intr: 4th Do you know from whom and in what manner James Condon became possessed of negro   Lotty?

Ans: James Condon purchased her of Daniel Parker as a slave for life. I will recollect that she was purchased a slave for life and at a price at that time considered high.

Intr: 5th At the time Condon left here did he go off privately or was that fact known?

Ans: It was known six months before he left here that he intended to go to the western county and it was also known by all persons that he intended to take with him negro Lotty.

Intr: 6th Was there not at the time several members of the Abolition Society living in and about Cambridge and did they not know that he intended to leave the state and cary with him negro Lotty and did any one of them make any effort to arrest her going?

Ans: There were several members of that society living in and about Cambridge and I presume they, as well others, knew that he intended to carry with him negro Lotty, and I never heard that she was not a slave for life till the institution of this suit. I am entirely certain that James Condon purchased Lotty a slave for life

William Flint

11th December 1827.

We certify that we have made the several interrogatories to Ezekiel Richardson, Wm Rea. John Mowbray & Wm. Flint as above exhibited & their answers are severally truly stated. In   Testimony whereof we have hereunto set our Hands & seals

Jno. C Henry (seal)
Brice J Goldsborough (seal)