Tri-weekly journal., 1848-02-14
JAMES VI. RoGERs.
MARY HoRD, JOSEPH Horn,
GEORGE HoRD, WILLIAM
HoRD AND JOHN HoRD.

GEORGE HoRD, WILLIAM
HoRD AND JOHN HoRD.
This was an application Cunder the act OF Cor
gress of 1898 by Mr. Rogers who resides In Daviess
County Kentucky, to James +. Walker, Esq, JUS
tce of the Peace of Vanderbrugh county, Indiana, for
certificate or warrant Empowering him to remove
TIE defendants from the State of Indiana the State
ofKenucky, as fugltires from labor. The following
report of the case contains the facts substantially
given in evidence on the hearing before the magis-
trate and also the points relied upon by the defend
ants counsel
On the 29th january last, the'defendant, Mary.
and her four children arrested in Vanderburgh
County by virtue of a warrant issued for that pur
pose by the Clerk of the Vanderburgh Citcuit Court
to the agent OF Rogers the claimant and on the same
day they appeared before the magistrate and gave
curty for their temperance the 3lst January
to which time the hearing of the application con-
tinued by ofparties On the 3lst the parties
again appeared before the magistrate and thereupon
the following facts were proved, to wit:
That one Nancy Martin Ia white woman) in the
year 1885, and for many years prior that time, iv
ed in Daviess county, Kentucky, and that she was
the mother of bastard mulatto son called House
Martini who had arrived at the years of majority in
Martini in the spring of said year, land for several
years prior thereto) owned as her slave the defend
ant, Mary, "a black woman,) she the said Mary,
being then about Is years ofage and having no chill
dren. That the said Nancy Martin on the 10th day
of June, 1888, at Davess county KY, executed and
delivered to her said son, House Martin, decd of
conveyance whereby it was Witnessed THAT the
sad Nancy Martin, for and in consideration of the
= I Il
.sideration OF dollar to her in hand paid by the
"soid House, haiti bargained &C.. and doth bargain,
''se and convey unto the said House Martin, one
NEGRO girl named Mary, about Is years of age, and
"her increase, together with all my other estate both
'real and personal which now have in my posses
sion, or may hereafter acquire by purchase other
"wse to him, the said House Martin, and his heirs
forever" "But this conveyance is made with the
understanding and upon the express conditions, that
''the said Nancy Martin is retain the and have
"the benefit OF the property aforesaid so long she
elves"
The complainant read in evidence deed to himself
from House Martin in these words: "Know all men
"by these presents that l. House Martin, ofthe
ty ofDav, IS, and State of Kentucky have this day
"bargained sold and conveyed unto James NJ. Rogers
"al my interest in and to the property conveyed to
"me by my mother at her death, including every
thing that is specified in the conveyance to which
lis entered record in the Davies Comfy Clerk IS
oce,-also all my interest in the land that she
lves on, for and in consideration of the of $3.50,
ITO be paid in the following manner in two years
after the death of my mother, without interest. 1t
sis the expeess understanding that if in the negro
girl any other Of the property should die before it
gets into the possession Of said Rogers, which is not
Ito be until after the death ofmy mother, agree to
deduct their value from the above amount. This is
''to include all increase of property. Witness my
"hand and seal, August l4th, 1888"
1t was proved that the defendant Mary, had no
child children the date of the conveyance last
above recited and that she continued to live with
Nancy Martin and House Martin in Daviess County,
Kentucky, until some time in the Spring of the year
$780, at which time the said Nancy Martin and House
Martin removed to and took up their residence in
Vanderburgh County, Indiana, and brought with
them the defendant Mary, and her two children,
George and Joseph the said George and Joseph hnv-
ing been born in Kentucky, subsequent to the date
ofsaid deed from House Martin to Rogers Ii was
also proved the said Nancy Martin and House Mar
tin and Immediately before the time they lett Davies
County, Kentucky, lived about 81 miles from Owens
which they lived, and that said Rogers at the same
| time lived iii Owensboro. That Nancy Martin and
House Martin left their residence in Davess County,
| Kentucky, on Sunday, in wagon, taking the said
Mary and her two children, George and Joseph with
them, and expressing the time their intention TO
remove to the State of Indiana. That House Martin
told one of the witnesses in 1889, that he had sold
Mary to Mr. Rogers or that Mr.. Rogers owned her.
Another witness stated that House Martin told him
at or about the time he moved from Daviess County
that he intended to to Indiana, and that Rogers
might help himself The same witness stated that he
was at Evansville some four or five years ago. and
saw the defendant Mary, and her children, ana that
he shortly afterwards returned to Davies County,
Ky, when Mr. Rogers, the complainant, inquired of
the witness whether he had seen the defendant Mary,
and her children, and witness told him he had seen
them at Evansville Said witness stated that
Mary and her children were with the said Nancy
Martin when he saw them in Vanderburgh County.
1t was also proved that the said Nancy Martin and
the said Mary and her Children lived together in said
County OF Vanderburgh, from the Spring of 1910 till
the death of the said Nancy Martin, which occurred
about the first day OF January, 1913. That House
Martin also lived in said County from 1910 to the
time of his death, which happened in tie year 1876
That the defendants William and John were both
horn ny -, III