Filed 1842
Originally submitted to the
ECHGS newsletter by Ed Puckett and used
with the permission of ECHGS
To the honorable Judge of the Estill Circuit Court in chancery sitting. Your orator, William Hisle humbly complaining, represent unto your honor that some five vears ago he was in the immediate possession of and the legal owner of a very valuable negro man name ?, that wlilst he was the owner of the slave aforesaid and in possession thereof, one Richard Watts of Clark County, proposed to your orator to swap a very healthy negro girl he then had in his possession and was the owner of the said girl by the name of Betsey, who was at the time of the proposition between 10 and 20 years of age and worth about $450.00.
Your orator and Watts agreed on a trade and Watts agreed to give the negro woman in exchange for the negro man and $300 as boot (money) between said negroes. Your orator at the time of the trade being unable to get about, employed one John M. Hawkins of Estill County, the county of your orator's residence at that time, to take the negro man to Watts, to exchange him for the girl and receive the boot money and receive a bill of sale from Watts to your orator for said negro girl. Hawkins, accordingly, took said negro man into his possession for the purpose aforesaid. perceived to make the exchange, received the boot money and the negro girl, but, your orator charges that the said Hawkins in utter violation of his trust fraudulently and most unjustly procured the bill of sale to said girl to be made to him by Watts. Instead of having the bill of sale taken to your orator as he was directed to do and as it was his duty to do, Hawkins thus became possessed of said negro girl of your orator.
Your orator further charges that the said Hawkins frequently gave it out in speeches after the transaction aforesaid that the negro girl was the property of your orator, that he Hawkins never paid one cent for her, that the bill of sale, although taken in his name, was for the benefit of your orator and promised to restore her to your orator's possession.
Your orator being an old man and ignorant of the law matters and faith in the statement of Hawkins rested easy for sometime. Your orator charges that Hawkins has acted deceitfully and fraudulently with him and has never restored the negro to your orator.
Your orator further charges that after the trade aforesaid and after Hawkins took possession of said girl she had a mulatto girl child and which is worth about $200, which child is now living, that after the birth of said child the said Hawkins, to complete his villainy and to defraud and cheat your orator entirely out of his said slaves, ran them off from Estill County, and has for the last 18 months or two years kept them entirely concealed from your orator, and refused to restore them to your orator or give him any information about them.
Your orator charges that he has never known where said slaves were until very lately, that by accident he found out that the slaves were, on the 5th day of March 1842, placed in the hands of one William Hogsett of Boyle County, Kentucky, by said Hawkins, and so kept concealed from your orator. Your orator charges that Hoysett gave to Hawkins a delivery Bond for said negroes, that some two weeks since, the said Hawkins secretly proceeded to Boyle County and demanded the negroes and Hogsett gave them up to Hawkins and they are now in his possession.
Your orator further charges that said Hoysett had noticed before he delivered said slaves to Hawkins that he Hawkins had no valid title to said slaves, and that they were claimed by your orator, and promised not to restore said slaves to Hawkins until the title to them was quested, but he violated his promise and suffered Hawkins again to take possession of said slaves, all which was contrary to equity.
Your orator charges that the said Hawkins will, unless restrained by chancellor from selling said slaves or run them off from the State of Kentucky nd out of the jurisdiction of this honorable court, and thereby prevent your orator from getting possession of his said slaves.
Your orator charges that Hawkins had been attempting to sell said slaves. He further charges that said Hawkins is reputed to be insolvent and cover up his whole estate. Your orator charges that said Hoysett is liable to him for said slaves as he had notice of your orator's claim and the invalid claim of Hawkins.
To the end therefore that strict justice may be done, and for as much as your orator is without a complete remedy at law, he prays your honor to take cognizance of his case and grant him both general and special relief. He prays that your honor grant him an attachment against the slaves aforesaid, that the sheriff be directed to restore said slaves to the possession of your orator, unless the said Hawkins execute bond with ample security conditions to have said slaves at all times forthcoming to answer any decree or order of court.
He prays that the said Hawkins and all others be informed and restrained from disposing of said slaves by sale or otherwise, or from taken them out of the jurisdiction of this court.
He prays that the said Hawkins be compelled to disclose on his oath where said slaves re, and to give a true and perfect account of his actions in violation to the whole matter from the sale of aforesaid to the present time.
He prays that the said Hawkins and Hogsett be compelled to account to your orator for the hire of said negro woman from the time said Hogsett took said negro into his possession until delivered to Hawkins, and a final hearing he prays such a decree in the case as the equity of the whole case requires. He makes the said Hawkins & Hogsett defendants to this bill and calls on them to specifically answer every obligation upon their oaths.
Amended Bill
An amended bill filed in the Estill Circuit Court against John W. Hawkins and others.
He charges that James Benton of Madison County, Kentucky, has the slaves named in the original bill in his possession and holds them in trust for the defendant John W. Hawkins. He charges that said Benton had notice of the claim of your orator. he prays that said Benton be compelled to deliver up to your orator the possession of said negroes. He prays that said Benton be enjoined and restrained from disposing of said slaves to anyone except to the complainant. He charges that defendant Benton has had notice of the invalidly of Hawkins' title. he prays as in his original bill and for general relief.
Barnes & Brooks for complainant
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