Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1880-01-15
A QUEER CASE.

A QUEER CASE.
A case involving some novel points OF law
has lust been submitted on brief in the Su-
preme Court. It comes on writ of error from
the Circuit Court of the Eastern District OF
Arkansas. In November, 1873, there died
in Chicot county, in that State, one Elisha
Worthington, who had been before the war
rich slaveholding planter, whose wealth
was estimated at half million dollars. a
short time after his death suit was brought
by Martha w. Mason, colored woman, TO
recover the sum of 100000 from the admin
istrators of Worthington's estate for services
alleged to have been rendered said Worth
ington for managing his household affairs for
thirteen years.. The plaintiff, in her charge,
set forth that she was the natural daughter OF
Worthington, her mother having been slave
on one Of the plantations; that her father,
having no family of his own, treated her as
if she had been his lawful child, and entrus.
ted her almost exclusively with the charge OF
his business matters; that in 1893 he placed
her at Oberlin College, Ohio, to be educated
that after remaining there several years, she
returned voluntarily to said Worthington
with whom she continued to remain until bis
death that for this, service Worthington
had on many occasions promised to reward
her handsomely in his will, even to the ex-
tent of leaving her two entire plantations
valued at that time as high as quarter OF
million dollars, but he died suddenly, before
carrying out his plans, and hence suit was
brought through her counsel, Gen. Albert
Pike to recover the amount named from the
estates. When the case came to trial in Az.
kansas, the Judge charged the jury that when
Col. Worthington voluntarily took the plalnt
tiff into the State of Ohio, and placed her
there at school, that the Constitution ana
laws of that State Immediately dissolved the
relation of master and slave previously exjJ
isting between Col. Worthington and the
plaintiff, and the plaintiff became free
woman, and could never thereafter be claim
ed or held by Col. Worthington as his slave, in
virtue to his previous ownership to her. Nor
did the subsequent return Of the plaintiff
from Ohio to Arkansas, affect her rights as
free woman, acquired under the laws Of Ohio
The iury brought in verdict Of $4,000 for
the plaintiff. Senator Garland, of Arkansas,
who defended the suit, and now appears as
counsel for the plaintiff in error, excepted to
the jury charge. In his brief he denies al
material allegations Of Martha Mason as TO
any contract or agreement or obligation OF
said Wortbington to pay her any sum OF mon
ey for so-called services and contends that
her manumission could only date from the
repeal or abrogation of the law of the State
recognizing slavery wherein she was resi-,
dent at the time, and that underline law of
slavery existing in Arkansas, no right OF fam
lily, heirship connection, descent or distrlbu-
tion could exist, and any subsequent manu-.
mission or emancipation under any law could
not confer upon any slave any such right
The Senator says, 10 concluding his brief:
"Giving a slave complete and thorough
education, embracing music and drawing and
dancing, did not free the slave, under the
Arkansas law, and that the law of emancipa-
tion had to be pursued" The case is likely
to provoke much comment and discussion.
A WAR REM1N1scENcE.- Toward helat-
ter part of the war;" said the Colonel, "bands
became rather scarce in the Confederate ser.
vice, and we were rarely regaled with the
strains of martial music unless it was from the
Federal forces. On the retreat from Sharps-
burg, during brief halt, the weary soldiers,
as was their custom, dung themselves down on
either side of the road for what rest they
could get. Just at this juncture came trudgii
ing down the center of the road solitary
musician, with dig brass drum thrown over
his shoulder. His appearance excited the
liveliest emotion among the boys, which tinal,
ly found vent through a tall, tailow-faced
North Carolinian, who, bringing his piece to
the ready, halted the astonished musician, at
the the same same time % drawing out: s. II. +
"say, mister, can't you come down here
piece and play something kinder soothing on
that air thing sick man? :"
And amid a general shout the terrified
thumper Of sheep-skin resumed his retreat at
the double quick. Com. Bulletin.
pT The reconstruction Of that wonderful
work, Eddystone Light, in the English Chan