Kentucky Slave Murder Trial Archive

This lot is closed for bidding. Bidding ended on 2/28/2005

Slave murder trial archive consisting of ten manuscript documents, 15p. folio, total with docketing on verso of each , folio, May-June,1808, Lincoln County., Kentucky. The story of a fatal encounter between two slaves unfolds in these detailed judicial proceedings with the Commonwealth of Kentucky being the plaintiff. Arrest warrant, one page, May 30, 1808. Thomas Pettis, Justice of the Peace, writes that "…Surry, a negro man slave the property of Thomas Montgomery, did on Sunday the twenty ninth day of May…of his malicious afterthought an assault did make on a negro man slave named ,Moses…with a Pen-knife did strike and stab in the front part of the belly…the said Moses signed did then & there languish & languishing did live until the afternoon of the same day then died…You are therefore commanded…to arrest the said negro man Surry…"…Plus; Order to convene a murder trial, one page, May 30, 1808. Pettis states here that "…Surry a negro man slave…was this day committed to the Dungeon of said county, charged with the commission of murder…"…Plus; Summon for jurors, one page, May 30, 1808. "…I command you to summon twelve good and lawful men of the county aforesaid, residing as near as may be to the place where the crime was committed of which the said Surry is charged, and none of whom shall be master of either of the slaves aforesaid…"…Plus; ALS by the defendant's master,Thomas Montgomery, asking permission to call upon slave witnesses, undated. He wrote in part: "You will oblige me…to take the affidavit of such of your negro as were witnesses…I am much fearfull, that what I conceive to be the predjudices of many, will be executed to give this business such a direction, as to exclude a view of this case from the governor…I want nothing but the truth."…Plus; Trial testimony by slave witnesses, 4 pp., June, 1808. "…Surry owed Lewis nine pence, and being asked for it, refused paying but offered to pay it off…Surry asked Lewis to go out and fight with him, which Lewis agreed to do. But from the persuasions of his wife did not go….Moses went on out of the end of the cabin and stript his clothes of as though he wanted to fight…Mose came up to Surry and struck at him, and Surry threw up his left hand and Jim the brother of Mose threw them apart, Surry then catched at his shirt to pull it of But owing to his Suspenders could not…Mose made a third stroke over Jim's shoulder while Surry & Jim was in that position and as he made the stroke Surry stabbed him upon which says Jim to Surry do you draw your knife…Surry replied: yes I'll be damned if I don't stab any man that will rush on me: The witnesses produced on the part of the commonwealth were all negroes except one, who prove nothing more than has already been stated…One of the witnesses heard Surry tell Mose not to rush on him…two others heard Surry tell Mose plainly three times to stand back…"…Plus; Clarification of murder charges, one page, June, 1808. The judge here outlines pertinent statutes in reference to the case…Plus; Juror notes on the testimonies of witnesses. 3 pp. These informal notes re-cap and condense the testimony…Plus; Judges' statement, court of Oyer, one page, undated, which reads in part: "…with a penknife then & there held by the said Surry in his right hand, of the length of three inches, did give to the said Mose on the lower part of the belly one mortal wound of the depth of three inches, of which mortal wound, the said Moses, then & there immediately did languish & languishing did live until the waning & after sunset of the same day & then & there died…Wee of the Jury find the witness Surry Guilty of Willfull Murder."…Plus; ALS, one page, signed by Reuben Payne, Henry Buford and James Dysart to the Governor of Kentucky requesting clemency for Surry, currently under a death sentence. It reads in part: "…the negroes…in Frankfort…state that the said Surry has never to their knowledge, been before accused of any criminal act, and that he has long lived in the county of Lincoln. They pray that your excellency will be pleased to pardon the said man Surry…". With the exception of one of the juror's notes, which suffers a larges area of paper loss, these manuscripts suffer only light aging and minor splits. Overall, this early Kentucky group in VG condition.

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