Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1907-11-02
SLAVE MARRIAGES LEGAL
Far-Reaching Decision BY Judge
Faulkner at Charles Town.
STATUTE STILL IN FORCE

III ~ L.
Aone-Foraotten Statute involved in
Notable case-Wig Attract Wide
Attention.
A member Of the Jefferson county
har has given us information of a
very important and interesting decis-
ion made by Judge Faulkner at the
last term Of the circuit court In
Charles Town. A very old statute
which was later amended by the legis-
nature Of West Virginia concerning
the marriage of slaves or colored per-
sons played an important part In the
decision
Wesley Gordon former slave. died
in 1902 leaving considerable real es-
tate in Harpers Ferry. In 1868 he and
a slave woman lived and cohabltated
as man and wife. slaves being proper
~ and no rites Of marriage being had
between them. Three children were
y .
whom died and the third, Sarah, liv-
ing and surviving her father, Wesley
Gordon. In 1874 Gordon for some
reason drove his wife away and in
1880, under a regularly granted Il
cense. was lawfully married to Mary
Gordon. OF this marriage no children
were born.
After the death Of Wesley Gordon
a suit in equity was brought by the
brother against the children and
grandchildren OF a deceased sister OF
Wesley Gordon for a partition Of the
valuable real estate left by him at
JIarpers Ferry In the bill mention
twas made OF Gordons said wife, and
For some reason the attorneys who
brought the suit proceeded to treat
ithe validity Of the second marriage as
questionable.
l Sarah, the child by the first wife.
siled her cross bill, a proceeding in
tthe nature of new suit, alleging her
claim to the property as the only
child and heir OF Wesley Gordon; and
The second wife also fed her claim
for dover, alleging that she was the
lawful wife of the decedent.
1t appears that in 1866 there was
an act passed by the legislature
whereby all marriages between color
ed persons whether under license or
mot. If the same were consummated
in good faith, and such persons were
Z-1iving together as husband and wife
in 1866 were deemed valid. In 1882
the legislature amended the act de-
clearing that where colored persons
prior to February, 1866, had under
taken and agreed TO occupy the rela-
tion Of husband and wife. etc, wheth-
er the rites of marriage had been sol
emnized between them or not, shall
he deemed husband and wife and all
the children born of such living to-
gether recognized by thu man to be
his shall be deemed legitimate
After decid ng that Sarah Gordon
was entitled to the said property the
question as to the dover c'aim of the
second wife was raised 1t was claim
ed that the second marriage was ille7
gal and the wife therefore entitled to
no dover: but the court decided that
IN this case the widow was entitled
to dover
There have no doubt been numer
ous cases Of this kind throughout the
entire country where the children OF.
slaves or colored persons lost their
rightful inheritance because this old
statute had been lost sight OF, and the
brothers and sisters of colored per
sons have possessed themselves OF
property belonging to the child born
OF such marriages and afterwards
made legitimate by said act Of the
legislature,
Col. f. w Brown, OF Charles Town,
represented the plaintiff, and II. H.
Mccormick, esq. of Charles Town
filed the cross petition OF sarah Cor
don.
= Criminal Cases.
The following criminal business
was transacted at the last term OF
the circuit court Of Jefferson county:
State VS. p. and O. r. R. Co, No. /,
indictment for obstructing crossing;
fine SIS and costs.
state VS.. b. and o. r. r. Co, No. 2,
same offense; fine SIS and costs.
State vs.. John Taylor, felony,
pleaded guilty of attempt to commit
grape: sentence: ? ~ years in the
penitentiary