Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1866-06-14

After this deed was made he returned 10 his
home and pursued the even tenor of his way, buy
ing selling and purcha sing lands until his decease
some six or seven years after On his death bed
he spoke feelngly Of his wife and daughter Ella,
and said that when he wac gone, il Jimmy, tmean-
ing defendant,) was honest, there would be plenty
left for his wife and daughter. He spoke of the
fact that he had given defendant money to buy
Ella, and that she as Tree as any one. The
testimony in reference TO these dying declarations
of York Freeman is abundant, and has not been
imneachcd There can be no doubt but that York
Freeman died in the fullest conviction that he hal
secured his daughters freedom, and had made an
abundant provision for his wife and daughter
After Freeman died defendant came to visit tho
family, and Aunt Judy still reg red him as their
best friend and trustee she counted OUT ard placed
in his hands, for safe keeping, as he himself ac-
knoweldges, S3l6 in specie Matters went on as
usual; Judy managing affairs, and III year after,
or thercabouts, she died. In her last moments her
mothers heart was full of concern for her dangh
ter And in immediate prospect of death She spoke
OF her property. aul made a -cnpItive will be-
oneatlIing to hrr daughter, Ella, and to her aged
mother. who survived her, all that she possessed
cnumcrl,ing the cattle ami horses, telling OF the
money she ha given to tIhlumS, and ot other
sums he held in trust This will was not reduced
to writing, for be it remembered Ella, was an un
lettered mn, and resided in an uneducAted
community.
Come we now to the last chapter, the denouc
ment of the dark plot conceived ut Smithwicl's in
lhe winter Of 1915. Elias anxious and good moth
er hardly cold in her grave until the de 'er:t
ant. James b. Hdllums, pOunced like an evil bird
upon her ouiy child, the heir to her fortune, ;he
one object of her lilies concern. and upon all the
property left he-. lie came with teams, drove off
the stock seized all the papers, declared himself
owner of everything York Freeman possessed, and
reduced Ella to slavery. 1t is to be doubted wheth
er the annals of Jurisprudence furnish single re-
cord Of more dannabie breach of trust.
Ella bore her wrongs bravely, bat did not cease
to assert her right to her property. She worked
hard but would not be ccntcnted with her situation
and the betraycr of the trust rcposcd in him by her
father and mother. her robber and piunderer had
the hardhood 10 swear in the court that he treated
her too well-that he "Ought to have whipped
her.'
But he did worse When her two sons were lit
tie boys he sold her away from them, and did what
he could to separate them forever and she was res
cred from a Mississippi trader, not by the christian
gentlemen, whose virtues have been paraded in
this court, but by n common sinner and man OF the
word, Mr. Young, of this city, who believed she
was entitled to her freedom, and could not willing
" see her sent TO the far South. By the kindness
of Mr.. Young she was kept in this city, and the
great revolution released her from her bondage,
restoring her her lost children, and placed her in
condition to institute this suit.
The laws Of Congress establishing this court give
it jurisdiction Of all cases between white and color
ed persons where the latter are not aowedb by the
courts of the State to testify. 1t has concurrent
jurisdiction, there FORE in cases of this kind, with
the courts Of the State.
But is this action barred by the statute Of limit
ations? No, not in Tennessee. The statute OF
limitations OF the code of 1919 prescribed that i'm
prsonment 'is a disability TO sue;" that the law
does not run in such cases, and the statute has
been constructed rs follows: A person held in
slaveryis imprisoned" within the meaning OF the
proviso in the statute. (See Matilda rs Cranshaw.
4rh Yerger, Tennessee Reports, page 299.) 1t
was not possible for Ella sue until released from
the imprisonment of slavery. This case, therefore,
is not barred by the statute.