The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-05-11
DECISION BY THE FREEDMEN's
COURT.
Heavy Damages Awarded.

This suit is brought by Ella Stevenson, 8
freed woman Of color, for the recovery Of
800 acres Of land, large amount Of per
sonal property, and damages Tor the viola
ton Of trusts. The facts rs they have ap-
pearCd in evidence, are substantially as fol-
lows:
York Freeman, father Of the plaintiff,
was emong the early settlers in this ate.
| He hsd been a soldier under Gen. jackson,
| was a Democrat and an ardent politician.
! for ia the earlier part Of his life free ne
| proes were allowed 90 vote in TENNESSEE a
| fortune teller, farmer, trader, and an indus
| trious, economical man.
When vel up 10 years, this thrifty SOL
der took 10 wife a slave wOmsn named
Judy. She was the properly Of Call Nc
! Neil, and was much younger than himself
! It does not appear that he ever was married
| before, and IL is certain that Judy was his
| wife iOr long series Of years, and that he
was deYOtedly attached TO her from the
| time Of their marriage 10 his decesse, some
! time between 1850 and 1852 She was a
| sprIghtly, industrious and economical wo-
man, and no suspicion Of infdelity to her
husband ever Cast the slightest shade upon
her chars cter. Soon after their marriage
York purchased his wi e, and paid for her q
valuable consideration.
In the year 1881 he made his will, which
is duly recorded in Davidson county BOOK
9, page 596), bequeathing 10 his beloved wife
Jude or Judy three several tracts Of land,
all his stock, tools, household goods, and
other property; also, bequeathing to her
her freedom, which he had not mp 10 that
time, been able TO secure. He never made
any other will.
Three years after this viii was made, he
secured his wife's emancipation according
% law, taking her free papers, and giving
security in a thousand dollars that che
should never become a charge upon the
public. Daniel Bue, the owner Of his
daughter Ella, went on his bond.
TIE same year he purchased his wife's
sister, Mary, for whom he gave five hun
dred dollars.
The evidence shows that at this period
and for several years succeeding, York and
Judy were exceedingly anxious 20 purchase
their daughter Ella, the plaintiff, but that
her owner, Mr.. Daniel Buie, was not willing
TO dispense with her services. Being their
friend, however, he promised them that in
case he should sell her they should have
the first opportunity to buy her. Before
the desired purchase was effected Daniel
Buie died, and on his death-bed had ex-
pressed the wish that Ella might be sold TO
her parents.
Alter the decsase Of Mr.. Buie, York and
Judy were very anxious about their daugh-
ter; but by this time almost InsuE cradle
obstacles 10 emancipation had been raised
by the laws. The irrepressible conflict had
.evered the public mind Of the whole coun-
try, and the privileges Of free persons Of
color had been greatly restricted. York
had abundant means TO buy his daughter
and emancipate her, but he could not do |
this directly and openly without sending
her TO Liberia or some other distant place |
The time came, however, when Ella must be |
sold, aud she was sent 10 Nashville to be put |
on the block. Judy was weeping snd |
wriuging her hancs. Something must be |
done, and IN the extremity, the defendant, |
James Is. Hallums, young man who had |
been treated with almost parental kindness /
from his childhood by these old people, and |
in whom they reposed unbounded conf
dence, was sent for. He came, obtained the /
money necessary, proceeded to Nashville, |
and rescued Ella from the auction block. |
Having sharp eye to his own interests, |
defendant gave his own note for the woman,
to be paid IN a year. 1t is fact, proved /
beyond question, that he was furnished with |
the means 20 buy the girl, and that he did /
buy her, as the agent Of her parents. lie
took the bill Of sale in his own name, an
occurrence not at all unusual in those days.
1t was necessary for some white man to have
the nominal title.
Ella was now really free, though nomi-
nally a slave, held in trust by her next
friend and trustee, tho defendant in this |
suit. The law says Gan owner may part
with his right TO his slave, and vest him
with an imperfect right TO freedom, by
deed, by will or by psr5l captract, or he |
may convey such a slave toA third person,
in trust, for the benefit Of the slave, and his
right to-hs freedom and his labor takes
effect from the time Of the surrender of the |
owners right, and not from the period the
assent OF the State is given" (S-h Hum
phreys, Lewis vs.. Simonton, page 1861
L Ia was now brought home, and York
and Judy were greatly elated. Their |
daughters freedom bad been secured.
True, the States assent could not be OBJ
tanned, but as their dear friend, Jimmy"
held her ia trust, they felt perfectly secure.
Such trusts, to the honor Of human nature |
be it spoken, have seldom been violated.
From the day Of her purchase until few
days after the death OF both her parents,
a period Of about ten years, Ella Stevenson
was regarded by her near neigh bOrs, her
parents, and by herself, as a lree woman.
che lived where she chose 10 live, enjoyed
the fruits Of her own industry, and a part !
Of the time kept her own house in this c ty.
The defendant visited her occasionally TO
boz ron money, for she he'd much of her
fathers thrift, but he always paid her. lie
never, so far as known, collected during all |
those years, one dollar of her wsges; and
whatever may have been the secret purpose
Of treachery in his heart he aCUcr once htnted
to hev that she t0as his Stare So ends the
first chapter Of this remarkable story.
York Freeman kept public house on the
9ld road leading from Springfield TO Nash
vile, about midway betwC en- the two places,
and told fortunes; and he was visited by
numerous gentlemen and ladies Of the first
families, who paid him a dollar each for
what he told them, and the cakes and
thinks provided by Aunt Judy Being
,olored man York could not obtain license
10 sell intoxicating drinks; but the refresh
nents were generally desired by the parties
visiting him, 6nd for a long period no one
vas found malicious enough TO prosecute |
lin. His prosperity, however, together
With his strong political bias, at length |
made him enemies, and he was visited by
hese enemies, who called for drink which
vas furnished, and although be refused to
AXE pay, the money was thrown into the
.lassls, and the rascals departed TO testify
gsiust him before the Grand Jury. One
Indictment was found against him toward |
he close Of the year 1874, and others were
threatened. The first indictment cost him
cry heavily, and he became greatly alarm
ID, fearing that his prop rty would be sac
ihced, and his dear wife and child reduced
o beggary.
Fearing arrest and imprisonment he len
lis house during the first days of the year
SIS, and went 10 Mr.. Smithwick's, a broJh-
z in-law Of defendant, some eight or ten
niles from home, and remained there Tor a |
lumber Of days and while there he made
deed Of gift Of ali his properly in David
"a L.
nC utensils, household furniture, and even
lis beds-everything which the law might
cize-to PENDANT, rIseryIng a use during
lis own natural life.
This deed was made, we have said, at
a brother-in-law of defend
nJs, by Squire Dowlen, another brother
n-law of defendant. Squire Dowlen swears
hat defendant came to him and told him
ork Freeman was at Sanithwi~k's, and was
DING TO MAKE him q deed Of his property,
nd that he thought it ga good thing and
7orth looking atter." Hea.so testifes that
7hen he reached Smithwicks', York told
i'm ne wanted TO make 10 defendant decd
{ trust; and thst he (Dowlen) told him
was not a deed Of trust, but a deed oil gift,
e wished 10 make, for said be ''you don't
vve Hs1lums, do you?" ooh, no" replied
be old man, "Hallums owes me a hundred
ollars." The explanation, whatever twas,
-es made satisfactory, and deed Of gin
.as executed and witnessed by the two
of the defendant, and no
Their persons were present save the four
AIMED. York YVES past three-score and
en-, cripple, trembling with 6ge, unable
D read or write, unacquaiuteG with law
srms, under the influence Of fear and away
rom his wife and home; and he proposed
D make a deed Of trust, but was induced to