1913 Kentucky Court of
Appeals Case
Walker vs Watson
Administration
Petition by Jesse Walker
and others to establish their claim as heirs of
Richard "Dick" Watson and ex-slave
Contributed by Bob Walker
through the efforts of Louis M. Stewart and Joyce
Taylor Collins
152 S.W. 959
151 Ky. 786
(Cite as: 152 S.W. 959)
WALKER
v.
WATSON'S ADM'R
Court of Appeals of
Kentucky.
Jan. 29, 1913.
Appeal from Circuit Court,
Elliott County.
Petitions by Jesse Walker
and others to establish their rights as heirs of
Richard Watson, deceased. From a judgment denying
Jesse Walker's claim, he appeals. Reversed, with
directions.
SLAVES k14
356k14
Evidence, in an action to establish a claimant's
rights as an heir to the estate of an ex- slave,
held to establish the relationship claimed.
SLAVES k14
356k14
The strict rules of evidence will be relaxed in
determining heirship among negroes during the time
of slavery.
*959 John M. Waugh and John G. Morris, both of
Grayson, for appellant.
Jno. A. Gray, of Sandy
Hook, for appellee.
TURNER, J.
In December, 1909, a negro
man by the name of Richard or Dick Watson died in
Elliott county, Ky., intestate, aged about 70 years.
He had never married and lived alone. He had
accumulated some 300 acres of valuable land, which
he left at his death, together with several hundred
dollars in personal property. An administrator was
duly appointed and instituted this action to settle
his estate. Two sets of claimants appeared in the
action and filed pleadings claiming to be heirs at
law of Watson; the appellant, Jesse Walker, claiming
to be his only brother, and the other parties,
Burgess and others, claiming to be his brothers and
sisters, or their heirs. The lower court by its
judgment found that neither set of claimants had by
preponderance of evidence established their claims,
and entered a judgment against both. Burgess and
others appealed from that judgment, and the same was
affirmed by this court as to them (Burgess et al. v.
Walker et al., 145 Ky. 559, 140 S. W. 1041); but the
court in the opinion expressly left open the
question whether appellant, Walker, had established
his claim.
Appellant asserts that the
proper name of Richard Watson was Richard Walker,
and that he and Richard Walker were each the
children of Jesse and Eliza Walker, who were slaves
owned by John Walker, who lived at the mouth of Mill
creek on Troublesome creek, now in Knott county, Ky.
It was asserted by the other set of claimants that
Richard Watson's proper name was Richard Wallace,
and that he was the son of Mariah Wallace of
Lawrence county, Ky.; it not being claimed that
there was any relationship between the Wallace
claimants and the Walker claimant.
[1] The claim of the
Wallace's having been disposed of, it only remains
to be seen whether appellant, Jesse Walker, has
established his relationship to Richard Watson.
Appellant testified that he was born in 1844 or 1845
on Troublesome creek, and that he was then owned by
John Walker, a white man who lived at that place,
and that he was the son of Jesse and Eliza Walker,
who were owned by John Walker, and that he had three
brothers, Dick, Bill, and John, and four sisters,
Susie, Milla, Crecie, and Adeline, all owned by John
Walker. He says about the year 1860 he (appellant)
was given by John Walker to his son Aleck Walker,
who took him to Carter county, where he has ever
since lived; that he was small when his brother
Richard was sold about 1848 or 1849, and taken away;
that his mother, brothers, and sisters were all sold
and taken away at the same time, except himself and
his brother Bill; that, being small, he did not
remember who had bought him; that he had never seen
his mother but once since, which was about five
years before the giving of his deposition, having
finally located her in Tennessee; and that his
mother told him that either Fred Moore or Bob Bates
had brought Dick, and that the last she heard of him
he was living with Rolla Watson in Elliott county,
who had gotten him from Virginia. He says that Dick
was the oldest child and that there were two girls
between him and Dick.
John H. Flanery, an
ex-superintendent of schools of Elliott county,
states that he knew Dick Watson, and while witness
was running a store in Elliott county Dick
frequently traded with him, and he talked to him,
and that Dick told him his right name was
Walker,*960 and that was the name of the man that
formerly owned him.
Lewis E. Ferguson states
that he is a resident of Elliott county and knew
Dick Watson and was friendly with him, and was
present when one of the Wallace negroes claimed to
be his brother, and Dick said he had a brother, but
that was not the man.
Andy Adkins states, in
substance, the same things, and, in addition, that
Dick told him he remembered being at Fred Moore's
when he was a chunk of a boy, but did not remember
what he said about how he came to be there.
Morge Baldridge states that
he was 70 years old and was born and raised in Floyd
county; that he knew John Walker, who lived on
Troublesome creek, and was acquainted with the
Walker family; that he knew the colored woman named
Eliza that belonged to John Walker; that she was the
mother of three boys, Dick, Jesse, and Will; that
she also had a girl; that Dick and the girl were
sold and taken away, and his recollection is that
Dick was the oldest boy; that about 10 years
previous to giving his deposition he met Dick Watson
in Grayson, Ky., which was the first time he had
seen him since they were children; that Dick told
him that he lived on Newcomb creek in Elliott
county, that he was born a slave of John Walker on
Troublesome creek, and that he spoke of this in the
conversation, and that made the witness know that he
was Dick Walker that he had known when he was a boy;
that he wanted witness to go home with him, but he
did not go; that he was present when Jesse Walker
was given by John Walker to his son Aleck Walker;
that Aleck thereafter brought Jesse to Carter
county; that the other brother Will was given to Jim
Walker; that Jesse and Dick resembled each other;
but that Dick was a little darker than Jesse and not
quite so tall.
Lewis Higgins, colored,
states that he knew John Walker, and that he knew
Taller Dick Combs and his mother, Alcey Combs; that
Alcey had a boy named Jesse, but he was not the same
man as Jesse Walker; that Alcey's son Jesse was very
light in color; that Alcey herself was very light in
color; that Jesse Walker's mother was a very dark
woman; that appellant only had two brothers, Dick
and Bill.
Amanda Higgins, colored,
states: That she was raised in Letcher county, and
was owned by a man by the name of France and then by
a man named Stamper. She knew Taller Dick Combs,
Jesse Combs, and the other Combs. That their mother
and Jesse Walker's mother were different women, and
that her information was that Jesse Walker had a
brother named Dick and a brother named Bill, who
were very dark. That she was a small girl when she
first got to going to John Walker's, and that she
knew all these boys and had danced with them all.
Thomas Frances says that
Taller Dick Combs' brother Jesse was killed in Perry
county in the French and Eversole War.
John Watson states he is a
son of Rolla Watson; that after the death of Rolla
Watson some of his father's papers came into his
possession; that among them was a bill of sale for a
boy named Richard, 10 years of age, given by a man
named Prater to his father, but that the paper was
now lost; that Jesse Walker and Dick Watson
resembled each other, although Dick was darker than
Jesse.
R. J. Ferguson says that he
knew Dick Watson and Jesse Walker, and that they
resembled each other, but Dick was darker than
Jesse.
Sallie Ferguson states:
That she is a stepdaughter of Rolla Watson, and
lived in his home with him, and frequently read
papers to him; that Rolla Watson, Sr., could not
read writing very well, and she remembers of reading
to him, among other things, the bill of sale, the
paper which he referred to as the "deed for Dick."
The paper was in the shape of a deed or something
like that, and was from a man by the name of Jim
Prater to Rolla Watson, and assigned to Watson a
negro boy named Richard. That the negro women at
Rolla Watson's called Dick Watson, "Dick Walker."
That the negro woman Lou told her that Dick said
that, if he knew his brother Jesse only had two
children, he would go and get him to live with him,
and that Lou told him that Mr. Watson did not want a
colored family there.
Nancy Watson states that
she is the wife of Rolla Watson, Jr., the son of
Rolla Watson, Sr., and lived in the house with Rolla
Watson, Sr.; that Rolla Watson, Sr., told her that
he got Dick from a man named Prater; that they first
called him Walker and afterwards Watson; and that
Rolla Watson, Sr., told her that his name was
Walker.
Ruben Ison states that he
knew Dick Watson in Elliott county, and lived near
him and saw him every week for about 14 years; that
Dick told him his name was Walker; that they brought
him to Fred Moore's place and he stayed there two or
three weeks; that witness was present when one of
the Wallace negroes claimed to be Dick Watson's
brother; and that Dick told him that he had a
brother, but that he was not the man.
R. Tipton states that he is
a minister of the gospel, and has been acquainted
with Jesse Walker for 33 years, and that he knew
Rolla Watson of Elliott county, and saw a negro man
at his home, and that the man he saw at Rolla
Watson's was very much like appellant in stature and
appearance, and that their disposition and
temperament as to truthfulness, trustworthiness, and
honesty were about the same, but that Dick Watson
was darker in color than Jesse Walker.
*961 E. L. Hicks states
that he knew Jesse Walker, Sr., and Eliza Walker;
that they were the parents of Dick and Jesse Walker;
that he played with Dick when they were boys, and
Dick was sold and taken away when he was young; that
he afterwards met Dick in Elliott county and renewed
their acquaintance; and that Dick referred to
circumstances which happened in their boyhood, and
also told him that he had learned that his brother
Jesse lived near Morehead or Soldier, and that when
he saw him (Jesse) to tell him where he (Dick) was,
and that he wanted to see him.
It appears that the
characters of Ison and Hicks have been more or less
successfully attacked in this record; but it is fair
to state that all of the material statements in
Ison's testimony are substantially corroborated by
other witnesses, and many of the statements in
Hicks' testimony.
The above was in substance
all the evidence introduced by appellant to
establish the identity of Richard Watson and the
relationship between them. As opposed to this, James
Combs, of color, was introduced, who stated that he
was 57 years of age in 1910, and that Jesse Walker
was his father, and Alcey Combs was his mother; that
Jesse Walker belonged to John Walker, who lived on
Troublesome creek; that Alcey was Jesse Walker's
first wife; that they had four boys and one girl,
and all of Alcey's children went by the name of
Combs because she was owned by a man named Jerry
Combs; that their names were James, William, Jesse,
and Ison; that Ison was called Dick for short; that
Dick went by the name of Taller Dick Combs, and was
large and very light in color, and had been dead
about two years, and was close to 50 years old when
he died; that after his mother, Alcey, died, Jesse
Combs, his father, married a woman by the name of
Eliza Combs, who was bought by John Walker from a
man by the name of Combs just previous to their
marriage; that Jesse and Eliza had two boys, Jesse
and Will; that Jesse lived in Roman or Carter
county, and will lives in Leslie county; that his
father also had another son by his last wife named
John Willie Walker, who lives in Tennessee.
Jack Combs, of color,
states that he was 63 years of age in 1910; that he
knew John Walker, who lived on Troublesome creek;
that he was the owner of a colored man by the name
of Jesse Walker; that Jesse had a son named Jesse
Walker about his own age, who was given by John
Walker to his son Aleck Walker, who moved to Carter
or Rowan county a while before the Civil War; that
Jesse Walker, Sr., married Alcey Combs, and they had
six children, but one died young; that James Combs
and Taller Dick Combs were Jesse Walker's sons by
his first wife, Alcey Combs; that Jesse Walker, Sr.,
married a colored woman by the name of Eliza, and
they had some children that went by the name of
Walker, being two sons named Jesse and Will; that
Jesse Walker, Sr., had no son named Dick other than
Taller Dick Combs; that Taller Dick Combs was a man
of large build and weighed about 200 pounds and was
very light in color.
William Combs, of color,
states that he was 72 years of age in 1910; that he
knew John Walker, who lived on Troublesome creek,
well; that he owned a negro man by the name of Jesse
Walker, Sr., and he had a son, who was about the age
of the witness, or hardly so old, who was taken to
Rowan or Carter county by Aleck Walker, son of John
Walker; that Jesse Walker, Sr., married Alcey Combs,
and they had six children, one of whom died when she
was young; that Jesse Walker, Sr., also had children
by his wife Eliza, and they always went by the name
of Walker, being two sons, Jesse and Will; that
Jesse Walker, Sr., never had any son named Dick
except Taller Dick Combs.
For some reason which does
not appear, the three last-named witnesses were not
cross- examined.
Three old residents of
Elliott county, Lester, Hutchinson, and Mason, aged
from 70 to 78 years, testified in substance that
they remembered when Dick was brought to Elliott
county by Rolla Watson; that it was their
understanding that he was brought there in 1848 or
1849 from Fred Moore's place; or that Fred Moore in
some way was connected with the bringing of Dick to
Elliott county by Rolla Watson; and that Dick was at
that time from 7 to 10 years of age, and a black
negro with no indication of being of mixed blood.
It appears that Col.
Frederick Moore was a resident of Virginia, now West
Virginia, immediately across the Big Sandy river
from Louisa in Lawrence county, in this state, and
that he had property on both sides of the river.
Let us first analyze the
testimony of the three Combs negroes and see what
value it has in determining whether there was a Dick
Walker, and, if so, whether he was a brother of the
appellant. James Combs, colored, states that he was
57 years of age in 1910, and must therefore have
been born in 1853, five years after the boy Dick is
said to have been sold at John Walker's sale of
slaves on Troublesome creek. This effectually
disposes of his testimony. Jack Combs, colored,
states that he was 63 years of age in 1910, and was
therefore born in 1847, and was consequently a
suckling infant in 1848 when Dick Walker is said to
have been sold from the farm of John Walker, and
this would seem to destroy the value of his
testimony as to whether there was such a boy as Dick
Walker, and as to who his father and mother were,
unless indeed he was a marvelously precocious
infant. Wm. Combs, colored, 72 *962 years of age in
1910, and consequently was born in 1838, states that
Jesse Walker, Sr., had no son named Dick by Eliza;
but it does not appear where this witness was born
and raised and what opportunity he had in his youth
to know whether there was such a boy a Dick Walker
born to Jesse and Eliza. So we have the statement of
appellant and two other witnesses that he was the
full brother of Dick Watson, and that Jesse Walker,
Sr., and Eliza were their parents; we have the
statement of Dick himself made to numerous persons
that his name was owner was Walker; we have the
statement from members of Rolla Watson's family that
Dick was first called Walker when he was brought
there, and that Rolla Watson said his name was
Walker when he bought him; we have the statement of
appellant's mother, made to him a few years before
this suit was brought, that her son Dick was sold in
1848 to a man named Fred Moore or Bob Bates and
taken to Virginia; we have the fact that Frederick
Moore owned a farm in Virginia; we have the fact
that Dick said to several persons that he stayed a
short time at the farm of Frederick Moore and was
then brought to Elliott county; we have the
statement from one of the witnesses that Dick had
heard of his brother Jesse, recognized him as his
brother, and sent messages to him; we have the
statement of a member of Rolla Watson's family that
one of the negroes had said that Dick had told her,
if he thought his brother Jesse did not have more
than two children, he would send for him to come and
live with him; we have abundance of evidence that
Dick and appellant were very much alike in
appearance as well as characteristics and
disposition; we have the evidence of three old men
of Elliott county that Dick was brought there by
Rolla Watson in 1848, which corresponds perfectly
with the statement of other witnesses that he was
sold in 1848 and taken to Virginia where he stayed a
short time before being brought to Elliott county.
And opposed to all this is only the bare statement
of one witness, William Combs, colored, who states
that Jesse Walker and Eliza had no son named Dick;
and this witness was not cross-examined, and failed
to disclose in his deposition his opportunities for
knowing in his youth about the family of Jesse
Walker, Jr.
[2] When we take into the
estimate the well-known difficulty of producing
evidence of relationship among negroes during the
time of slavery, the immoral habits that obtained
among them in their sexual relations, and the great
lapse of time--more than 60 years --it is surprising
that appellant has been able to produce such
satisfactory evidence. Under the circumstances of
this case, and considering the great difficulty in
tracing relationship under such conditions, and the
long lapse of time, the strict rules of evidence
must, in a large measure, be relaxed, and we have
therefore considered in this case some evidence,
which under different conditions would be entitled
to little weight.
Upon the whole case, we
have determined, after careful scrutiny and analysis
of the evidence, that the appellant has established
the relationship between himself and Dick Watson or
Walker as claimed in his pleadings, and the judgment
is therefore reversed, with instructions to so
adjudge. But we are not satisfied from the record
that appellant is the only heir at law of Richard
Watson or Walker, and, before there is a final
disposition of the case, the other heirs at law, if
any, will be brought before the court.