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[Certificate of judgment of the case of Phillis against Benjamin Tucker]
Series VII: Legal Documents, 1709-1858, and undated
Subseries 2. Depositions, 1746-1839
Crutchfield, WalkerPhillisPhebeEatonPattSarahTucker, BenjaminWoodward, ThomasPrecise, SamuelPonsonby, JohnMcKenzie, ThomasMackay, WilliamCordle, WilliamMurdoch, JosephDennis, LittletonMitchell, JonesEpes, RichardSmith, BenjaminScrogin, PhilipTyler, JohnMonroe, James, 1758-1831
New-York Historical Society
Deposition regarding the case of Benjamin Tucker, charged with "trespass, assault, & battery and false imprisonment" of "Indians" Phillis, Phebe, Eaton, Patt, and Sarah. The testimony, signed by Walker Crutchfield, Clerk of Petersburg District Court [Virginia], declares Tucker found guilty of charges and instructs him to pay damages of "one shilling." Verdict verified and signed by District Judge John Tyler. Seal and signature given by Virginia Governor James Monroe on lower half of last page.
Depositions--VirginiaTrials (Assault and battery)--VirginiaIndians of North America--Virginia
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Petersburg District Court September 18th 1798, , Phillis, Phebe, Eaton, Patt and Sarah (Indians) Pltfs [Plaintiffs] , against Benjamin Tucker…Deft [Defendant] }In trespass, assault and battery and false imprisonment, , This suit states as to the plaintiff Phillis by her death: this day came the plaintiffs by their attorney and thereupon came also a jury to wit, Thomas Woodward, Samuel Precise, John Ponsonby, Thomas McKenzie, William Mackay, William Cordle, Joseph Murdock, Littleton Dennis, Jones Mitchell, Richard Epes, Benjamin Smith and Philip Scrogin who being elected tried and sworn the truth to speak upon the issue joined returned a verdict in these words “ we of the jury find that the plaintiffs are free as lineally descended upon Judith, an Indian woman, and if the law is for the plaintiffs, we find for the plaintiffs, and one shilling damages, but if the law is for the defendant we find for the defendant”, and thereupon the matters of law arising upon the facts stated as above being maturely considered , it seems to the court that the law is for the plaintiffs; therefore it is considered by the court that the plaintiffs recover against the defendant the one shilling damages assessed by the jury in their verdict a foresaid and their costs by them about their suit in his behalf expended and the said defendant in mercy […], , [Signed] A Copy Teste Walker Crutchfield Clk [clerk] P.D. C. , , J Walker Crutchfield Clek of Petersburg District Court do [sic] hereby certify that the above is a true copy of a judgment obtained in the said court by Phillia and [on back] others against Benjamin Tucker. Given under my hand, there being no seal of office, this twenty fourth day of February one thousand eight hundred and two and in the twenty sixth year of the commonwealth. , , [Signed] Walter Crutchfield, , I John Taylor one of the judges of the district held at Petersburg do hereby certify that the a foregoing attestation of Walker Crutchfield clk of the said court is in due form given under my hand this 13th day of March 1802 in the 25th year of the commonwealth. , , [Signed] John Taylor, , Virginia to Wit, , I do hereby certify that Walker Crutchfield who signs the within record is clerk of the Petersburg District Court of this commonwealth of that John Taylor who also attests the same is a judge of the said court that full faith and credit ought to be given to all things certified by them as such. , , Given under my hand as Governor and under the seal of the commonwealth at Richmond this 20th day of March 1802, , [Signed] Jas. [James] Monroe,