The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-12-02
DELLA WARE.
An Interesting LaWsuit-Esemtnisce ei
OF The Old slaNerN ILme.

An Interesting Lawsuit-Isemtniscen
of Ihe old slavery Time.
The Wilmington (Del.) Commercial of yester-
day orning says:-A case around which clus-
tiers much Tomautic interest has been before the
court at New Castle for several days, and after
lengthy arguments by counsel was gwen to tue
jury on Saturday evening. 1t IS an action of
ejectment brought by James aud Martha Jane
Frlsbee (colored) against Western johnson
(colored). Bradford aud Higgins lor plaintiffs,
Thomas Il. Bayard for defendant,
All the principals in the case are colored
people, and the verdict depends on the validity
OF a marriage said to have taken place forty
seven years ago. One of the witnesses had been
kidnapped and sold into slavery, and the whole
case shows the loose morals and irregular con-
nections sanctioned by that institution, which
then had, apparently, perpetual toothold- on
this peninsula.
The allegations which the plaintiffs attempt
10 make good ate in effect as tollows:-
Severn Johnson, son OF Isaac Johnson, was
born at snow Hill, Worcester county, Maryland.
In 1871 he married Hetty ]. stevens, the service
being duly performed in lawful manner by
Rev. William b. Balch, pastor of the Presbyte-
rian church at Snow Hill. One child was born
of the marriage at Snow Hill, named Martha
Jane johnson, since married and now being
named Martha Jane Frisbee, and she and her
husband being the plaintiffs IN the case. The
plaintiffs further allege that soon after the
birth of this child her parents removed to
Baltimore, in which city Severn Johnson sub
sequently abandoned his wife and Afterwards
married Frances Holland by whom he had
several children. Subsequently, with:his second
family he removed to this city and took up his
permanent residence here with them. He
acquired here property at the foot OF Ninth
street, which has since become very valuable.
In lS64-5 he died, leaving his property in the
possession OF his children by his second wife,
by one of whom, Western johnson, the defend
art In this case, 1t is still held. The facts sought
to be proved run through period of fifty
years.
The plaintiffs offer in proof of the marriage
th.1 1onn nf pa RuIR hn SO laI
by all the old witnesses, taken at his residence
in Prince william county, Va. He states that
he is IS years old, aud was pastor of the Snow
Hill PTesbyter Church from 1919 to 1929: that
he recollects distinctly having married Severn
johnson and Hetty j. Stevens about the year
1921. He describes the appearance of the groom
and mentions an incident at the wedding.
Lavinia Johnson, about rs or 76 years old,
testified that she was the wife of Isaac Johnson,
Jr., q brother of Severn's, and was at the we'd
ding of the latter with Hetty j. Stevens. They
went from her house to Parson Balch's to be
married, came back and had their wedding
supper there and staid all night, going 10 house
keeping next day. Hetty was between IA and
Is when she was married they had one child;
in 1888 witness and her two children were
kidnapped and sold into slavery near Augusta
! Georgia, aud left there the year of the "big
cholera;" witness was married 10 a man named
! Smith while in Georgia; Hetty's child could
| walk when wItness was kidnapped.
Henrietta Fisher lived in Snow Hill; knew
Severn and Hetty as man and wife, and they
IL.
| house before leaving for Baltimore.
The defense denied, first, that the alleged
marriage had ever taken place; second, that if
it bad, Martha Jane Frsbee was not born in
lawful weolock, Mr.. Bayard attempted to dis
credit the evidence of Rev. Mr.. Balch, on the
ground of extreme age and foreetfulness.
Armenia!Lane lived in Baltimore when Severn
Johnson lived there; knew him to be married
to Frances Holland; they had four children,
Florida, ReVerdy, Mary Ann, and Western !;
knew him eight or nine years before he was
married; never knew him to have any other
wife; knew Mary Lane, the daughter OF Hetty;
she told me her mother was married to Severn
johnson; saw Martha Jane when she was
married to her first husbands; never saw her
again unit! she had lett her first husband and
was married TO the second. Question. When
did you again see her? Answer. o, Lord! not
till she had the third husband; she lived in
PHILADELPHIA and lives there now. The jury
was out until II o'clock Saturday night and
then reported themselves unable to agree and
were discharged.
The whipping Post and PiIIOry.
In the New Castle (Delaware) County Court,
the following persons have just been sentenced
10 be whipped for petty crlmes:-
Robert Harris, colOred, having been convicted
of the larceny OF o S5 greenback, The properly
Of Margaret Luf, was sentenced TO pay $40
restitution, cost, and on Saturday next Decem-
Der g. to be whipped with ten lashes, and be
imprisoned siX months.
Morris Hymen, q young white man, convicted
of stealing coat from Emanuel Richenberger,
was sentenced to pay SO restitution, costs, and
| on Saturday next, December 8, be whipped with
| ten lashes, and imprisoned six months.
State VS.. Joseph Shirby, indicted for arson in
| setting fire to the office of II. NJ. Rile, plead
| guilty, and was sentenced to pay fine of $500
to pay $1,000 restitution, costs of suit and on Sa.
turday next, December 5, to stand in the pillory
thirty minutes, to be whipped with twenty
| lashes, and imprisoned four years.
State VS.. Joseph Shirby indicted for the lar
ceny of money aud goods, the property of H NJ.
| Rle, plead guilty, aud was sentenced to pay
costs, to stand in the pillory 80 minates and on
Saturday next December 8, to be whipped with
| 10 lashes, and imprisoned one year.
| State We. Jonathan Graves, indicted for the
larceny of a shotgun, the property of Lewis
| Armstrong, in Christiana Hundred plead
guilty; sentenced to pay $40 restitution, costs,
| stand in the pilory one hour, and on Saturday
| next, December 8, to be whipped with twenty
| lashCe, and imprisoned two years.