McIntosh, William and United States vs Simon Vandorsdall

McIntosh, William and United States vs Simon Vanorsdal, Vandorsdall, Vonsorsdale

Description:	The Sheriff is commanded to take Simon Vandorsdall before the judges at Circuit Court held at Vincennes on Friday 5th day of term. He is to answer to the U. S. and William McIntosh before the judges at the Circuit Court held at Vincennes on Friday 5th day of term. He is to answer to the U. S. and William McIntosh in a sum of $1000 damages and $1000 debt which he owes. R. Buntin signs as witness on March 8, 1815 with bail being required. B. Fergeson and G. W. Johnston P. Q. sign as attorneys. The summons is executed by B. V. Beckes, Sheriff of Knox County with service and return being $.59. A summons for the defendants is issued for General W. Johnston and Henry Hurst. They are to appear before judges on the 4th Monday of May instant. They are to give evidence on behalf of Simon Vanorsdal on the suit of the U. S. and William McIntosh on a plea of debt. A $100 penalty will be applied for nonappearance. The summons was executed by B. V. Beckes, Sheriff at a cost of $.84. A complaint is filed March Term 1815 in the Circuit Court. The U. S. and William McIntosh complain of Simon Vandorsdall in custody. He is accused of owing $1000 which he refuses to repay and for secondly on an action of an act to repeal the act entitled an Act for the introduction of Negroes and Mulattoes into the Territory. This act was for other purposes passed at the first session of the Third General Assembly of the Territory of Indiana held at the Borough of Vincennes on Monday November 12, 1810 and approved December 14, 1810 and enacted as follows: And be it further enacted that if any person or persons shall attempt to remove from their territory or shall aid or assist in removing any Negro or Mulatto person or persons without first proving before one of he judges of Court of Common Pleas or Justice of the Peace who shall give a certificate thereof to be filed in Clerks Office in County where in such proof shall be made that he or she are legally entitled so to do accordingly to the law as of the U. S. and the Territory. And shall on conviction in there of before any court having there for forfeit and pay the sum of $1000. Half to the informer and the other half to the territory. The sum is to be recovered by action of debt or indictment and liable to party grieved and shall be disqualified from holding office of honor, profit or trust under this territory. Whereas Lydia a woman of color, a Negro, on the 28 th day of June in the year of our lord 1815 a long time resident of Vincennes, in the year 1815 was seized by Simon Vandorsdall who attempted to remove her from Vincennes without filing in the Clerks office. William McIntosh who accuses him of removing Lydia from the territory. McIntosh files charges and demands $1000 against Simon but he refuses to pay nor does he pay the U. S. government so he asks for $1000 damages per Johnston P. Q. The U. S. and William McIntosh put G. W. Johnston in their place on an action of debt. The defendant by his attorney William Prince comes and defends the wrong and injury and says they ought not to maintained this action as he says he does not owe the debt in the decoration mentioned. A summons is issued to the Sheriff of Knox County to bring General W. Johnston, and Henry Hurst before the judges to give evidence on behalf of Simon Vandorsdall. A $100 penalty will be applied for nonappearance. The summons is dated October 4, 1815 and signed by R. Buntin, Clerk. A Bill of Exceptions is filed and the defendant pleads with the General Court to give special matters in evidence and on the trial. The defendant offered evidence to jury. The plaintiff objected and offered argument to the court which the court rejected and the court allowed the argument. The defendant explains papers and the jury found for the plaintiff and a new trial was granted. Plaintiff disagrees with the plea as the plea was not made before the jury. The court overrules all said and court declares the bill added. The court states that the bill can be signed, sealed, and made part of record per Judges Isaac Blackford and J. B. McCall. An error in arrest of judgment is filed. The error states that the declaration does not pursue statue. The declaration does not assign breaches of the act with sufficient certainty. Declaration is without form and substance entirely. G. W. Johnston moves to discharge the rule to show cause why judgment should not be arrested. In support of motion the declaration for removing the Negro woman listed are items by William Buckner and Mr. Floyd with reasons to move to be discharged. A subpoena for General W. Johnston and Henry Hurst is issued. They are to appear the first Monday of March next to give evidence on behalf of Simon Vandorsdall. A $100 penalty will be applied for nonappearance. The subpoena is signed February 12, 1816 and witnessed by R. Buntin, Clerk. The Subpoena was executed by B. V. Beckes, Sheriff with service and return being $4. A document showing an agreement for a new trial will be filed if defendant can satisfy the court and explain the certificate of Stout by evidence and show by facts that he was fully authorized to take Lydia out of the Territory. The court agrees to a new trial. The opinion of the Court on why a new trial should not be granted was filed. The court says the rule to show cause why a new trial should not be granted is discharged as court finds opinion that the act of legislature is public and not private.
Origin:	2019-02-12
Created By:	Indiana Territory. Circuit Court (Knox County); Indiana Territory. Court of General Quarter Sessions (Knox County);
Contributor(s):	Raymond, David; Sullivan, Daniel; Polke, William; McCall, James;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/27643
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory African American women -- Indiana Territory African Americans -- Indiana Territory Bail -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Costs (Law) -- Indiana Territory Damages -- Indiana Territory Depositions -- Indiana Territory Grand jury -- Indiana Territory Judgments -- Indiana Territory Judgment Execution - Indiana Territory Lawyers -- Indiana Territory Objections (Evidence) -- Indiana Territory Personal debt -- Indiana Territory Pleading -- Indiana Territory Real property -- Indiana Territory Slavery -- Indiana Territory Subpoena -- Indiana Territory Summons -- Indiana Territory Trespass -- Indiana Territory Verdicts -- Indiana Territory Witnesses -- Indiana Territory Court Records

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