Sally


Original research done by Margaret Strebel Hartman
Copied from the court order books at the Alexandria clerk's office
 

Court Order Book 2, page 106, 22 February 1819

George Harwood, Esqr. produced a commission appointing him a justice of the peace in and for this county from the acting governor of this State and took several oaths prescribing by law and the constitution of the Commonwealth.

vs

Sally (a negroe slave the property of Richard Southgate) On a charge of murder

Richard Southgate in discharge of his recognizance brought forward the prisoner to the Bar. And it was ordered that Nathaniel Pendleton be appointed Commonwealth attorney pro tempore to prosecute herein. And it is ordered that this prosecution be continued until tomorrow morning 10 Oclock, Whereupon  Samuel Richardson came into court to acknowledge himself indebted to the Commonwealth of Kentucky in the sum of four hundred dollars to be levied on his goods and chattels lands and tenements and to the use of the Commonwealth of Kentucky to be rendered on this condition to be void that the said Sally the prisoner at the Bar shall make herself personal appearance herein on tomorrow morning at 10 Oclock and hence not depart without leave of the court.
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Court Order Book 2, 23 February 1819

The Commonwealth

vs

Sally (a negroe slave the property of Richard Southgate) on a charge of murder

This day came as well the Commonwealth attorney pro tempore appointed to prosecute therein as the prisoner in pursuance of the recognizance entered herein on yesterday for her appearance ordered by consent.  It is ordered that this prosecution be continued until tomorrow morning 10 Oclock.  Whereupon Richard Southgate came into the court and acknowledged himself indebted to the Commonwealth of Kentucky for the sum of four hundred dollars to be levied on his goods and chattels, lands and tenements and to the use of the said Commonwealth be rendered. But provided the said Sally the prisoner at the bar shall make her personal appearance herein on tomorrow morning 10 Oclock.  And hence not depart without leave of the court then this recognizance to be void.

Ordered that Court be adjourned until tomorrow morning 10 Oclock. Signed John B Lindsey
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Court Order Book 2, page 111, 24 February 1819

The Commonwealth of Kentucky

vs

Sally (a negroe slave the property of Richard Southgate) On a charge of murder

This day came as well the Commonwealth attorney pro tempore appointed to presecute herein as the defendant in discharge of the recognizance entered herein on yesterday and it is ordered that Alfred Sandford Esqr. be appointed assistant prosecuting attorney herein.  Whereupon the said Nathaniel G Pendleton and Alfred Sandford Esqr. prosecuting attorneys for the Commonwealth pro tempore herein furnish the following information. Commonwealth of Kentucky, Campbell County, Ky: Be it remembered that at a county court holden in and for the County of Campbell in the Commonwealth aforesaid On Monday the 22nd of February in the year of our Lord one thousand eight hundred and ninetten, Nathaniel Pendleton and Alfred Sandford attornies (sic) pro tempore for the Commonwealth aforesaid official notice that the Laws of the Commonwealth aforesaid may be duly executed.

And the said Nathaniel Pendleton and Alfred Sandford attornies (sic) pro tempore as aforesaid in the Commonwealth aforesaid, in and for the county aforesaid, Now come into court and in the name and by the authority of the Commonwealth of Kentucky give the court further to understand and be informed.  That on the fourth day of February in the year of our Lord one thousand eight hundred and nineteen, Sally, a mulatto woman slave about the age of eighteen years of age, the property of Richard Southgate of the county & State aforesaid not having the fear of God before her eyes but being seduced by the instigation of the Devil, did within the County aforesaid, feloniously, willfully and of her malice aforethought, Kill & murder by violently beating on the face with her hands, an infant male child the offspring of the said Sally of which she had been previously delivered as the natural mother contrary to the form of the statute in such case, made & provided and against the peace and dignity of the Commonwealth of Kentucky of which said felony committed in manner and form aforesaid the said Nathaniel G Pendleton and Alfred Sandford, thus give the court official notice that the Laws of the Commonwealth may be duly executed.

Signed Nathaniel G Pendleton and Alfred Sandford

Upon which said information the said Sally the prisoner at the Bar now arrigned and uppon her arraignment plead Not guilty and for her trial put herself uppon God and her country, and thereupon came a venire torrit? John Rust, William McCoy, John Griffith, James Drysdale, John Drysdale, William McCarty, William Picket, Frederick Klette, John Winston, David Rust, George Roberts and John Frazier, who were elected and tried from well and truly to try and true deliverance to make between the Commonwealth of Kentucky and the said Sally, the prisoner at the Bar and a true verdick to give according to evidence uppon their oaths returned the following verdict, to wit.

"We of the venire find Sally the prisoner at the Bar not guilty"

It is therefore considered by the Court that the said Sally, the prisoner at the Bar is not guilty of the murder aforesaid in manner and found as in the information against her is alleged and It is ordered that she be acquitted and discharged of the murder aforesaid and nothing appearing or being alleged against her.  It is ordered that she be discharged out of custody.
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Alexandria Court Order Book 2, page 112, 24 February 1819

Ordered that John Rust, William McCoy, John Griffeth, James Drysdale, John Drysdale, William McCarty, William Picett, Frederick Klette, John Winston, David Rust, George Roberts and John Frazier be allowed $3 each for attending three days each at the present term as venire men on the trial of the Commonwealth against Sally a slave the property of Richard Southgate, on a charge of Murder.  And that the same be Certified to the next Court of claims.
 

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