James "Charles" Waggoner
Cincinnati Commercial Tribune, Friday, 2 March 1860, page 2
NEWPORT
The slave Charles, who has been lying in the jail in this city for the past six months, is to be sold at public auction by the Sheriff in a few days. It will be remembered that Charles was taken from Cincinnati by two men who represented him as a fugitive from Virginia and was committed to jail here to await his owner's order; but none coming, the laws of this State authorize his sale by auction to pay the expense of his keeping.
We learn, however, that some citizens intend to sue out a writ of habeas corpus to test the legality of the sale, as they have reason to believe that Charles is not a slave, but free and entitled to liberty.
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Cincinnati Daily Press, Friday, 25 May 1860, page 3
Some time last fall a colored resident of Cincinnati, named Charles Waggoner, was carried across the river by two white men, Stewart and Weaver, then place in the Newport jail, under pretense that he was a slave of some person in Virginia, which they had been employed to pursue and capture. Stewart and Weaver made no further claim upon this negro and it was thought he would be released. The law of the State required a hold upon his person. Being within a Slave state with no record proof of his title to freedom he became subject to a technical suspicion of chattle-hood and by order of the Mayor of Newport was committed to six months and advertised as a fugitive.
Is he set at liberty? He is to be put and sold to the highest bidder and an order for this purpose has passed the County Clerk, the sale to take place sometime in June, a free inhabitant of Ohio into a slave in Kentucky. To pay four or five hundred dollars for releasing, supporting and sending back an African slave and to sell a native free American into slavery for jail fees is a little too glaring a contest; and to allow it to be carried out will not be creditable either to the State of Kentucky nor to our neighboring town.
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Cincinnati Commercial Tribune, Monday, 28 May 1860, page 2
Charles Waggoner is to be sold in Newport on next Monday, June 3d. His counsel, stated that in August 1859, Charles Waggoner, was a laborer on Jones street in Cincinnati. William Stewart and Michael Weaver induced him to go with them to the Seventeenth Ward House, kept by Weaver. At night he was taken in a skiff across the river to Jamestown and placed in Weaver's cellar. Some time later, it was announced that Weaver had a prisoner in his cellar. The officers visited his house and found Waggoner and he was taken to Newport and committed to jail.
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Cincinnati Daily Press, Wednesday, 30 May 1860, page 3
We are informed that some of the colored people of this city are making an effort to raise money to pay the costs which have accrued against Charles Wagner, a colored man, who has been confined in the Newport jail for nearly ten months on suspicion of being a slave; and is to be sold into slavery next Monday to pay the costs.
Letter to the Editor from Bantam, Clermont Co Oh, 29 May 1860
Gentlemen-Having noticed the editorial of the Daily Press on Friday, May 24, stating that there was a colored young man imprisoned in Newport Ky under the accusation of being a fugitive, by the name of Charles Waggoner, the given name of whom I am going to give an account.
Peter Wagonner, has a son by the name of James Wagonner, who has been living in Cincinnati, but don't know how long, as he has not heard from him for some time. Wagonner says that at last accounts, James was driving a coal cart for Mr. Thomas, who gave him the name of 'Charley" which led the family to believe it was their son that was taken. P Wagonner lives one mile south of Bantam, Clermont Co Oh; came here last fall from a little town of Republican, Northern Ohio. They would be very grateful if you would write the particulars as soon as possible. Signed; W Kidd
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Cincinnati Commercial Tribune, Saturday, 2 June 1860, page 3
NEWPORT
Peter Waggoner, the father of James, arrived here yesterday with Mr. F C Smith, from Bantam, Ohio, whence he came for the purpose of recognizing his son and testifying to his freedom. The recognition was mutual and the interview affecting. As each circumstance in this case developed, the fact that James Waggoner is a free man appears more and more closer; yet before he can once more enjoy the liberty he has been so wrongfully deprived of and unless the quiditiea of the law be set aside today, James Waggoner, a free man, born in a free state, will be sold at public auction on Monday, to pay his jail fees.
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Cincinnati Commercial Tribune, Monday, 4
June 1860, page 2
By a decision of the Kentucky Court, Charles Waggoner, is to be sold into slavery this morning, in our neighboring city of Newport. the father of the boy has visited the jail and identified him as his son. He has made affidavit in due form, stating that he and his wife moved from Virginia to Ohio in 1834, both being free at that time and has resided in this State ever since; that the boy in Newport Jail is his son; now nineteen years old; that he was in Cincinnati in July 1859, and saw James, who was then working for Joseph Thomas, who called him Charlie; that James was born in Ohio, and was never out of the State till within a year.
Mr. Joseph Thomas also made affidavit, that the boy in the Newport Jail was his servant in this city and he called him Charlie and that while in his employ an old man came to see him, who was Charlie said was his father. Mrs. J F Whiteman sent a statement that she has known James Waggoner eight years and knows him and the family to be free.
How is it possible to set aside this mass of evidence is more than we can see. Application will be made this morning to two Justices of the Peace, for an injunction to stop the sale. What the result will be remains to be seen.
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Cincinnati Commercial Tribune, Wednesday, 6 June 1860, page 2
NEWPORT
We were credibly informed, yesterday, that James Waggoner was taken in the morning to Lexington and place in the negro jail of that city by his purchaser, previous to being sent South.
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Cincinnati Commercial Tribune, Thursday, 7 June 1860, page 2
NEWPORT
"I have learned since my return from Lexington that charges have been made against officers and others in Newport on account of the sale of the negro boy James Waggoner, on Monday last at Alexandria. I was present with a number of other gentlemen at the sale by the Sheriff of said boy, and purchased him, believing him to be a slave, as decided by the Mayor of Newport. He has not yet been sold to me, however, and I know propose, if the facts can be established of his being a free boy, to the satisfaction of any Court in the State of Kentucky, I will cheerfully give him his freedom. O further, in the event of his having been a slave, I will sell him to his sympathizers for the amount I paid for him." Respectfully, J Q A Foster
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Cincinnati Commercial Tribune, Friday, 8 June 1860, page 2
"Some representations having been made to the trial and sale of the boy James Waggoner, which reflect upon the course and motives of Col. Helm, the Sheriff of this county, I feel it my duty, being acquainted with the facts, to make a statement in his behalf. I am well aware that he could not have been informed of the testimony which was produced to establish the freedom of Wagoner, not having attended any investigation of the matter. Having left the city early on the morning of Monday last, before the commencement of the trial before Mayor Hawkins, to attend the County Court held at Alexandria, fourteen miles distant.
Upon his return from Alexandria, he was met on the road by Horsfall, the Jailor, with the boy and in obedience to the decree rendered by the County Judge, proceeded to sell him, ignorant of an order of its injunction until after the sale. Upon his return to Newport, he expressed a willingness to do everything in his power to assist in securing a further examination. He was deeply instrumental in bringing about the result so much desired by the friends of the boy.
I feel deeply indebted to Col. Helm for the aid he has given me. I congratulate the friends of Waggoner upon the present position of affairs. He will be returned to Newport and will have ample opportunity to establish his freedom." Signed George P Webster, Attorney for James Waggoner
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Cincinnati Daily Press, Friday, 8 June 1860, page 4
NEWPORT NEWS
WAGGONER TO BE RETURNED-G P Webster, Waggoner's attorney, left for Lexington yesterday afternoon and will return with him today in accordance with an agreement between himself and Dr. Foster, by which Waggoner's title to freedom will be fully investigated before a competent tribunal.
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Cincinnati Commercial Tribune, Saturday, 9 June 1860, page 2
ARRIVAL OF JAMES WAGGONER-Waggoner arrived here in Newport yesterday afternoon from Lexington, in company with George P Webster, Esq. his attorney, who placed him jail, where he will remain until August next, when his suit for freedom will be heard before the Circuit Court.
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Cincinnati Commercial Tribune, Monday, 2 July 1860, page 2
The Circuit Court of Newport adjourned on Saturday leaving a clear docket. Its next meeting will be in Newport, in August next, when the suit of James Waggoner, for the reclamation of his liberty will be heard.
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Cincinnati Commercial Tribune, Monday, 30 July 1860, page 2
Attention is directed to a card from Dr. J Q A Foster of Newport Ky. It appertains to certain matters interesting to himself, to Sheriff Helm of Campbell County and to the public. Dr. Foster tells who shared with him "blood money" which was realized in the sale of the kidnapped negro, Charles Waggoner. The card requires no comment. It is sworn to and it speaks for itself.
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Cincinnati Commercial Tribune, Thursday, 16 August 1860, page 2
The case of James Waggoner was called yesterday on the regular docket of the Circuit Court, when Messrs. F M and George P Webster, attorneys for James Waggoner, responded on his behalf. The defense produced no testimony other than that contained in the already published statements before Mayor Hawkins.
Dr. J Q R Foster, the purchaser of James Waggoner, and H D Helm, alleged by him to have been interested in the sale. Foster's answer denies that Waggoner is free and that he is the only purchaser, asks that if Waggoner is to be free, Foster should be released from all responsibility on the bond executed at the time of the purchase which was 6th June last.
H D Helm's answer states that he sold James Waggoner in compliance with an order of Court and denies any interest in the sale or purchase of James Waggoner. A number of depositions were submitted which all prove the fact of James Waggoner's birth in Brown county, Ohio, near Eagle creek and trace him from the period of his birth up to the present. Nancy Spiers, aged sixty-three years, who resides at present in Brown county, Ohio, states that she was present at the house of Peter and Rachel Waggoner, free persons of color, in Brown county, Ohio, in 1840, when James Waggoner was born and she knew him for two and a half years.
The deposition of David Osborn states that he resides in Bethel, Clermont county, Ohio, that he knows Peter and Rachel Waggoner, free persons of color that they came to live on his farm in April 1849; that they had a son, James nine or ten years old; they lived on his farm about two years and a half, that the young man whom he had just seen in the Newport jail was James Waggoner their son; that before he spoke to James, James recognized him; that he was in Bethel, Ohio, when the depositions of Levi Dunham and other were taken.
The depositions of Levi Dunham and others stated that James Waggoner, with his father and mother, lived for two and a half years on Osborn's farm, near Bethel Ohio, and came there in 1849 and that James was then about nine years old; that the Waggoners were regarded as free persons of color.
The deposition of John P Whiteman states that he first saw Peter and Rachel Waggoner and their son, James in 1855 or '56 on his brother James F Whiteman's farm in Clark county, Ohio and that James Waggoner whom he had just seen in the Newport jail, was the same James Waggoner and that he recognized him as the same person the moment he saw him.
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Cincinnati Daily Enquirer, Friday, 17 August 1860, page 2
NEWPORT NEWS
The Waggoner Case Decided-He is Declared Free and Conducted to His Friends
The incarceration of James Waggoner in the jail of Newport, and his sale as a slave by the sheriff of Campbell County, which has so long disturbed the public mind in Cincinnati, has been settled. Waggoner has been declared a free man. Judge Mooar on Wednesday heard the testimony and the depositions read, after which he took the case under advisement till the following morning.
Yesterday morning upon the opening of court, he rendered the following judgment in the matter:
Charles alias James Waggoner vs. Jonathan Horsfall-Judgment
"From the proof in the case there can be do doubt but that plaintiff is a free man, wherefore it is adjudged that the injunction be perpetuated, and that any sale of plaintiff be taken for naught; that he may be released from custody and enjoy his freedom in some other country than this Commonwealth. But as defendants are officers and plaintiff is in their custody by process of law, there can be no judgment against them for costs."
When the announcement was made, George P Webster, Esq. who had been the counsel for Waggoner in both of his habeas corpus suits, as well as in this, proceeded to the jail, took him from the custody of Mr. Horsfall, the jailer, and conveyed him to his friends in Cincinnati, where he becomes a free man in spite of his conversations that he is a slave, and that he knew none of the witnesses who testified in his favor.
Waggoner, if he be a free man, had he remained in jail until the 27th of this month, would have been deprived of his liberty just one year and what recourse has he for damages? Just the same for Joe Selman and Jonathan Horsfall, the jailer, have for the payment of their bills for boarding the aforesaid. Well, he is free and goodbye to Waggoner.
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Cincinnati Commercial Tribune, Friday, 17 August 1860, page 2
It will be seen from the report of the decision of the Court in Newport Ky. that Judge Moore yesterday declared CHARLES WAGGONER free to go where he pleased.