Bazil Thomas v. James Kennedy Jr. Statement of Facts


To the honorable the Judges of the Circuit Court of the District of Columbia for the County of Alexandria

The petition of Bazil a negroe Humbly Shews That Francina Turner who was Francina West, did by virtue of the power vested in her by a deed made and executed on the 11th day of September 1794 between the said Francina Turner, Charles Turner and John West did on the 12th day of May 1796 make and execute her last will & testament which deed & will are hereto annexed. In which said will said will The said Francina she devised that your petitioner should be sold by her executors for the term of eight years That your petitioner was the slave of the said Francina before her intermarriage with the said Charles Turner. That after the death of the said Francina her will come to the hands of the said Charles Turner who concealed the same and in his life time sold your petitioner to a certain James Kennedy for life. That since the death of the said Charles Turner the said will hath been found and has been duly recorded. Your petitioner further states that


4th[?] 21st day

Negro Bazel
James Kennedy

Statemt. of Facts & Opinion

1804 June Term, On the petition of Negro Bazil, a report of Case with Atty. opinion, leave is granted to sue in forma pauparis, and Edmund J. Lee assigned as Counsel.

November Term, on plts: Motion by Attorney it is ordered that an Issue be made up in this cause and the suit tried on Friday next.

Decr. Nar: filed & Nt. Gt. Jd.

1805 March Adjd. Session, on Plts Motion by his Attorney it is ordered that the marshal summon a Jury to appear before the Court to morrow, to try the Issue Joined in this suit.

16th day
1805 March Adjd. Session, The parties by their attornies agreed to the following Statement of facts in this cause to Wit and submitted the same to the Court for their opinion thereupon, and on Consideration of the same, It is the opinion of the Court that the Law is for the plt and that he is Intitled to his freedom and give Judgment for the plt. accordingly.