Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1866-06-14
4 ROMANCE OF SLAVERY.
ResuTreCtinG Old transactions
Claim by a Former slave.
Fort, Thousand Dollars Worth Of Prop
cIty Iuvoiyed--Deci>ion OF the Freed
mems curt.

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From the NIs'iyill, R,pIhi-an Banner, 9Ily f1thl
! very novel case has for two weeks or
more been under investigation in the Freedmen
Court. Irrespective OF the difference of opinion
which may prevail as TO the isdction of that tri-
bunai. the history Of the parties interested and the
questions involved are such will he likely to
cite much comment by all WHO appreciate the grave
Importance Of the proceedings established by the
decision OF Major Lawrence.
| We are Informed that the property claimed by
the plaintiff is about 10 ,000 that she also sued
for damages 20 about the same amount.
The following is the decision in question. giving
in detail the points presented in the case:
Ella Stevenson re. JImes Il. llllums. This
suit is brought by Ella Stevenson, freed woman
OF color lor the recovery of 300 acres Of land a
large amount Of personal property. AMI damages
for the violation of trust. The facts. they have
appeared in evidence, are substantially as fol-
lows:
York Frecmin f,thcr of the plaintiff. wls among
the early settlers in this State. lie had been a
soldier under General Jackson. was Democrat,
aud arden, politician (for in the early part of
his life free negroes were allowed to vote in Ten
nes>ec,) fortune teller. farmer, trader, and in
dHstrOus, economical man.
When well up in years this thrifty soldier took
to wife slave wOmln named Judy. She was the
property of Call O'Ncl, and was much younger
than himself 1t does not apne ,r that hc was er.r
married before. and it Is certain That Judy was his
wife for long series of wears, and that he was
devOtodly attached To her from the time of their
marriage 10 his deceasc, some time between 1850
and 1852. She was sprightly, Industrious, and
economical woman. and M suspicion OF lniiielity
to her husband ever cast the lightest shade upon
her character. Soon after their marriage York
purchased his wife, and paid Tor her valuable con
sidcration.
In the year 1891 he made his WILL which is du-
" recorded in Davidson County (boOk 9 page SOC,
bequeahng to his beloved wife jude or Judy three
several tracts of land, and other property; also. be
queathing to her freedom, which he had not been
able to secure He never made any other will.
Three years after this was made, he secured his
wife's emanc patton according to law, taking her
her free papers, and living security in thousand
dollars that she should never become a charge upon
the public. Daniel Buie, the owner OF his daugh-
er Ella. went on his bond.
The same year he purchased his wife's sister,
Mary, for whom he gave FIVE hundred dollars.
The evidence shows that at this period and for
several years succeeding, York and judy were ex-
ccedngly anxious TO purchase their daughter Ella,
the plaintiff but that the owner, Mr.. Daniel Baie.
was not willing TO dispense with her services
Being their friend. however. he promised them that
in case he should sell her they shOald have the first
opportunity to bay her Before the desired pur-
chase was effected, Daniel Bue died. and on his
death bed had expressed the wish ilIat Ella might
be sold TO her parents
After the decease of Mr.. Buia, York and Judy
were very anxious about their daugher; but by his
time almost insuperdbe obstacles TO emancipation
had been raised US the laws. The irrcpressibe
conflict had fevered the public mind Of the whole
country, and the privileges of free person, of color
had been greatly restricted. York had abundant
means to buy his daughter and empancipate her.
bu, he could not do this directly and openly with
out sending her to Liberia or some other distant
place. The time came when Ella must be sold,
and she was sent to Nashville to be put on the
block. Judy weeping and wringing her hands.
Something must be done, and in The extremity.
James b Hhlum, young man who had been treat
ed with almost parental kindness from his child
hood by these old people, and in whom they rcpos-
cd unbounded confidence, was sent for.
He came, obtained the money necessary, pro-
cecdcd to Nashville, and rescued her from the auc-
ton block Having sharp eve to his owI inter
es,s defendant gave his note for the woman, TO be
paid in n year. 1t is fact, proved beyond qres-
ton that he was furnished with the means to buy
the girl and that he did buv here the agent o
her parents lie took the bill of sale in his own
name, an occurrence not at all unusual in those
days. Ii was necessary for some white man to
have the nominal title
Ella was now really free, though nominally
slave held in trust by her next friend and trustee,
the defendant in this suit. The law says: IAN
owner may part with his right TO his slave, and vest
him with an imperfect right to freedom by deed,b
will or by parol contract, or he may convey such
slave TO third person, in trust, for the benefit OF
the save, and his rgh. TO his freedom and his Ia
Dor takes effect from the time of the surrender OF
the owners right, and not from the period the as
sent OF the State is given" 5th humphreys,
Lewis Us. Simonton, page le5
Ella was now brought home. and York and Judy
we're greatly elated. Their daughters freedom
had been secured. True, the States assent could
not be obtained, but AZ their dear friend Jim
held her in trust they felt perfectly sucure Such
trusts TO the honor Of human nature be II spoken,
have seldom been violated.
From the day of her purchase until few days
after the death Of both her parents. period OF
about ten years. Ella Stevenson Wis regarded by
her near neighbors her parents and by herself, as
free woman She lived where she choose TO
live enioved the fruits of her own industry. and
mart Of the time kept her own house in this city
The defendant visited her occasionally to borrow
money. for she had much OF her fathers thrift, but
he always paid her.
| He never, so far as known, collected, during all
those wears, one dollar of her wages: and, what
ever NAV have been the secret purpose oil treacn-
ery in his heart, he never once hnted to her that
she was his slave So ends the first chapter oil this
remarkable story. -,
York Freeman kept public house on the old
road leading from Springfield to Nashville. about
midway between the two places, and told fortunes;
| and visited by numerous gentlemen ana laules
of the first families, who gave dollar each Tor
wha, he told them, and for the cakes and drinks
provided by Aunt Judy. Being eolored man
York could not obtain license 10 cell Intoxicating
drinks but the refreshments were generally desired
by the parties visiting him, and for long period
no one was found malicious enough to prosecute
him. His prosperity, however, together With his
ardent political bias, at length made him enemies,
and he visited by these enemies, who called
for drinks, which were furnished, and although ne
refused to take pay the money was thrown into the
glasses and the rascas departed to testify against
him before the grand jury. One indictment was
foune against him toward the close OF 1874, and
others were threatened. The first Indictment cost
him very heavily, and he became greatly alarmed,
fearing that his property would be sacrificed, and
hi, dear wife and child reduced to beggary.
: Fearing arrest and imprisonment, he left his
lbouse during the hrst days OF the year 1915 and
vent to Mr. Smthwick's, brother -in-law Of de-
lfendant, some eight or ten miles from home, and
remained there for number OF days; and while
there he made deed Of gin OF all his property in
Davidson county-his lands, horses, cows, flaming
utensils, household furniture, and even his beds
everything which the law might seze-to defend
ant reserving use during his own natural life.
This deed was made, we have said, at Smith
wick's. a brother -in-law Of defendant, by Squire
Dowlen another brothern-law OF defendant
l,Souire Dowlen swears that defendant came TO hin
!. and told him that York Freeman was at Smith
y v;ck's and was going to make him deed of hi'
nronertv ard that he thought tia good thing and