Volume 60, Preface 24 View pdf image (33K) |
xxiv Introduction. At the March, 1669/70, court, Captain James Neale, a wealthy planter, prosecuted, and sought damages from, three former servants of his, although at the time of trial no longer in his service, for killing and eating, about a year previously, a number of his hogs, and for stealing and drinking “a great quan- tity” of his wine. The evidence is presented at great length and in amusing detail. The entire servant population of the plantation seemingly had a won- derful time. The hogs were killed and eaten on several occasions at one of Neale's plantation quarters by these three servants and by other fellow servants, and the entertainments, which occurred about Christmas time, were enlivened by the lavish use of their master's wine. This was stolen from his “Wine house”, by the use of the key of the corn loft, which, luckily for the celebrants, also opened the wine house. The parties must have been hilarious as those who took part in them not only drank as much as they pleased at the wine house, “but also they Carried with them up to the Quarter two or three pales full of Wine every week for three weekes att least the paile Containeing two or three Gal- lons.” Sentinels were posted to see that they were not caught. There must have been some extenuating circumstances as the jury found damages against them for only 225 pounds of tobacco, and costs of 66o pounds. Although there were twelve such “trespasses” only four hogs had been killed while the three defendants were in Neale's service, the rest having been killed after they had become free (pp. 251-254). Two damages suits were instituted for slander on account of assertions or insinuations of hog-stealing. One was tried before the court and one before a jury. In the first case, heard at the January, 1670/1, court, neighbors were declared to have been advised by Francis Fernley to have a care to mark their hogs, as John Mould, the plaintiff in the slander suit, “was often abroad to hunt wild hoggs.” The court found no cause for action and granted Fernley a non- suit (p. 311). This same John Mould, at the November, 1672, court, was bound over to keep the peace and to appear at the next court, but whether this had any bearing upon his difficulties with Fernley nearly a year before, is not disclosed, nor do we again hear of the matter (p. 441). In the second case a defendant was charged with calling the plaintiff a hogstealer. He denied having done so, and asked a jury trial. The jury found no cause for action and the court granted a nonsuit with costs to the plaintiff (p. 507). Upon the complaint of a prominent planter and one of the justices, Humphrey Warren, a certain Hugh French was ordered at the January, 1670/1, court, to give security for his good behavior, but the record does not disclose what Warren had done to have aroused French's ire against him (p. 281). A suit for 1500 pounds of tobacco for personal damages, brought by Thomas Price at the August, 1672, court, against Captain James Neale, discloses the details of a free-for-all fight between Price on the one hand and Captain James Neale and his son James on the other. Witnesses had seen the son at his father's plantation fighting with Price. James junior called for help, the father struck Price two or three times and pushed him off the boy. Another witness declared that Price had “pulled much hair from the head of the said James”, the son. A jury awarded to Price 400 pounds of tobacco as damages and costs of 150 |
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Volume 60, Preface 24 View pdf image (33K) |
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