The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1890-11-19
wARREN-nuDLEY CASE.

tracted so much attention throughout this
section of the State, and which has been
considered by the lawyers to be the most
complicated case ever handled in these
courts, was brought up at the last sitting
of the Common Pleas, as our readers are
fully aware, and decided in favor OF 5. b.
Dudley. All the litigation springs from
the question of right of title to 22O acres
OF land east of Oberlin, and owned by
Malachi Warren at the time of his death
which occurred in Lowndes county, Ala,
bama, in the year 1862. In 1852 Malachi
Warren came to Oberlin from Alabama
bringing with him Ella Warren and four
children.
The question at issue between thespar-
ties was whether Ellen was the wife and
these children the legitimate children OF
Malachi Warren. Upon this point the
parties differed.
Ellen testified that about 1882 Malachi
Warren purchased her with other slaves,
ofa woman named Martha Selden, in
Richmond Virginia. He took her with
the other slaves to Lowndes county, Ala
bama, where she entered the family of
Laban Warren TO learn the art of cooking
that she stayed there one year and then
removed with Warren to Butler county,
where she remained two years, returning
10 Lowndes county and living with War
rem in an old house upon the plantation oi
Laban Warren near new house which
he had just before erected; that in th
spring Of 1887 she and Warren were mar
ried by one Elisha Robinson, in the pres
ence of Frank Pollard, in this old house,
and that from that time on she lived with
bin as his wife
Ellen testified at each OF the three trials
had in this case, and at each trial she
gave a different account ot who was pres
ent at the marriage, and other facts con
nected with the case. On the first tria
she swore that Laban Warren was present
but that his wife was away at her
mothers On The second trial she swore
that Laban Warren was not present, but
that his wife was present but in another
room of the same house, and on the pres
ent trial shel testified that Mrs. Warren
care up just as Warren and Pollard went
away On the first trial she testified tina
she supposed Robinson was an Episcopa
minister, on the second trial she denied
having said that she thought him an Epis-
copal minister, but said he belonged TO The
Presbyterian church, and on the present
trial she denied both previous statements
and said she understood he belonged to
the Episcopal church On both trials she
testified that Laban Warren's house, which
was but few hundred feet from tue
house where she lived, was frame
house George Robinson, who lived be
tween the plantations of Laban and NAL
achi for many years, testified that II was a
double log house, and that up TO 1857
there never was frame house upon such
premises.
On the second trial Ellen produced
what was said 20 be family record, which
was a leaf such as is ordinarily found In
the Bible where enirl,s of marriages,
births and deaths are made. She testified |
that the Bible which, was then present
was purchased IN Mobile, Alabama, be-
fore they lett Alabama for Ohio, and that
the entries made therein OF the births OF |
the severa! children were made by Nal.
achi Warren al or about the time Of the |
birth, the latest entry being few years
previous to their coming TO Ohio, The
record contains no entry Of the marriage |
Of ofMalachi and Ellen. On examination OF
the iiy.leaf Of the Bible 1t was shown that
II was not printed until after 1850.
Malachi Warren made a will, May 4th
1861, which plaintiffs introduced 10 eyi.
dence as showing that they were the
legitimate children oil Malachi.
Some testimony was introduced by the
plaintiffs to show that Malachi had at
various times spoken Of Ellen as his wife.
The defendant Dudley claims the land by
purchase from the Southern heirs of Nal.
achi Warren.
The defendant Dudley produced the
dispositions Of Daniel 7. Mccall aud other
old residents Of Lowndes county who
knew Malachi Warren intimately, who
testified that they were intimately &C.
quaintediwith Malachi Warren from the
time he brought Ellen 10 Lowndes county
and that his relation to Ellen was that OF
master and slave; that he never was mar.
ried; that such marriage would be i'm.
possible In that State and would not be
tolerated in that community.
Mrs. Tyson and Mrs. Robinson, both
daughters Of Laban Warren, and who &C
cording TO Ellen's story lived within few
hundred feet Of the place where she said
the marriage was celebrated, testified that
there was never any such marriage to
their knowledge a,d that Ellen was the
slave and only the slave Of Malachi. Much
other testimony 10 the same effect was
given.
George Robinson, brother of Elisha
Robinson, who lived in the immediate
vicinity and was acquainted with both
Malachi and Laban Warren and who mar.