# Lancaster County, SC - Court of Common Pleas - Judgment Roll 577 | | | |---|---| | **Case** | John W. Blackman v. Burrell Blackman | | **Dates** | 1823-1825 | | **Roll** | Box 15, Roll 577 | | **Pages in source images** | 43 | ## Source Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 577 (Box 15). Original records held by the South Carolina Department of Archives and History, Columbia, SC. Transcribed from photographs of the original judgment roll (image file: [Judgment Roll 577 - Blackman vs Blackman.pdf](Judgment%20Roll%20577%20-%20Blackman%20vs%20Blackman.pdf), 43 pages). ## Disclaimer This transcription was made using AI (Claude, by Anthropic) from photographs of the original court papers. It is an attempted transcription, not a certified copy. Faded ink, difficult handwriting, torn folds and damaged pages make some readings uncertain, and errors are possible. Check the original images before relying on any reading. ## Transcription conventions - Original spelling, capitalization and abbreviations are kept as written. - `[?]` = uncertain reading; `[illegible]` = could not be read; `[blank]` = a space left empty on the original. - `[struck: ...]` = printed or written text that is lined through on the original. - `[...]` and *[italic bracketed notes]* = editorial explanations added by the transcriber; `[letters]` inside a word = letters supplied to expand an abbreviation. - On printed forms, handwritten fill-ins are shown in ***bold italics*** where it helps to tell them apart from the printed text. - "PDF p." numbers refer to the page order of the source image file, which is not always the order the papers were written in. **Notes on these images:** - The subpoenas are all on the same printed forms, so for those only the handwritten parts are transcribed in full (see the table for pp. 16-41). ## Transcription **PDF p. 1 - Docket cover of the declaration** > [Left panel:] > Verdict for Deft > Atty - $20.56 > Clks - 8.40 > Shffs - 2.25 > Witnesses - 51.00 > $82.21 > > [Right panel:] > Roll 8 [struck: 7] 10 (364) > Lancaster B15 R577 > Jno W Blackman > v } Decla[ratio]n in Case > Burrell Blackman > > Miller & Dunlap > > Filed 2nd Novr 1824 > Issue Joined same day > > We find for the Deft. > Sam R Gibson Foreman > > Recorded > Judgt ent[ere]d up & signed & Ex[ecution] issued 14 Jany 1825 --- **PDF pp. 2-4 - Declaration, plea and replication** > South Carolina } > Lancaster District } To wit Burrell Blackman otherwise called Burrel Blackman was attached to answer to John W. Blackman of a plea of Trespass on the case and so forth, and also for falsely and maliciously and without any reasonable or probable cause, causing and procuring the said John W. to be prosecuted for felony, to his damage one thousand dollars, whereupon the said John W. by Miller & Dunlap his attornies complains for that whereas the said John W. now is a good true honest & faithful citizen of this State, and as [struck: bef] such hath allways conducted himself, and before the committing of the several grievances by the said Burrell as herein after mentioned, had deservedly acquired the good opinion and credit of all his neighbours, and other good and worthy citizens of this State, yet the said Burrell well knowing the premises but contriving and maliciously intending to injure the said John W. in his aforesaid good name and credit and to cause him the said John W. to be imprisoned for a long space of time, and thereby to impoverish, oppress and wholy ruin him heretofore to wit, on the third day of March in the year of our Lord one thousand eight hundred and twenty three, at Lancaster Court House in the District and State aforesaid, went and appeared before one Amasa Howard Esqr. one of the Justices of [struck: the Quorum], assigned to keep the peace of the said State, in and for the District aforesaid, and also to hear and determine divers felonies and misdemeanors committed in the said District; and then and there before the said Amasa Howard Justice as aforesaid falsely and maliciously and without any reasonable or probable cause, charged the said John W. with having feloniously stolen and carried away one or more hogs the property of the said Burrell, and upon such charge he the said Burrell falsely and maliciously, and without any reasonable or probable cause, caused and procured the said Amasa Howard Justice as aforesaid, to make and grant his certain Warrant under his hand and seal for the apprehending of the said John W. and bringing him before the said Amasa Howard, to be dealt with according to Law - And the said Burrell [struck: w...] > > [p. 3] [struck: and by virtue of the said Warrant] afterwards unlaw]fully and unjustly and without any reasonable or probable cause caused and procured the said John W. to [struck: be] surrender himself a prisoner and [struck: arrested by his body and to be carried and conveyed in custody before the said Amasa Howard Justice as aforesaid] to be bound in a recognizance or obligation with security to appear personally at the next Court of General Sessions of the peace for Lancaster District to answer to a Bill of Indictment to be prefered against him by the said Burrell and abide the order of the Court, and in the mean time to be of good behaviour toward all the Citizens of the State - And the said Burrell afterwards, to wit, at a Court of Sessions holden in and for the District and State aforesaid, at Lancaster Court House, on the first monday after the fourth monday in March in the year of our Lord one thousand eight hundred and twenty three, falsely and maliciously and without any reasonable or probable cause [struck: caused and procured] prefered and caused to be prefered a Bill of Indictment against the said John W. by the name of John W. Blackmon to the Jurors of and for the District aforesaid [struck: which said Bill of Indictment the Jurors aforesaid upon their oaths and affirmations returned no Bill - And the said John W. afterward to wit at at a Court of Sessions holden in and for the District and State aforesaid at Lancaster Court House on the first monday after the fourth monday in October in the year of our Lord one thousand eight hundred and twenty three by order of the Court was and is duly discharged of and from the premises, as by the records and proceedings appears] *[this passage is cancelled with large X strokes]* for that the said John W. on the first day of September in the year of our Lord one thousand eight hundred and twenty two with force and arms at Lancaster Court House in the District and State aforesaid one Barrow of the value of five dollars and one Sow of the value of one dollar of the goods and chattels of the said Burrell, then and there being feloniously did steal take and drive away, against the act of the General Assembly in such case made and provided, and against the peace and dignity of the same State, which said Bill of Indictment the Jurors aforesaid upon their oaths and affirmations returned no Bill. And the said John W. afterwards to wit, at a Court of Sessions holden in and for the District and State aforesaid at Lancaster Court House, on the first monday after the fourth monday in October in the year of our Lord one thousand eight hundred > > [p. 4] and twenty three, by order of the Court, was and is duly discharged of and from the said offence in the said Bill of Indictment specified, and the said prosecution is wholy ended and determined. By means of which said several premises, he the said John W. hath been and is greatly injured in his said credit and reputation, and hath suffered great anxiety and pain of body and mind and hath been greatly hindered and prevented from following and transacting his lawful and necessary affairs & business, and is otherwise greatly injured in his credit & circumstances, to the damage of the said John W. one thousand dollars and therefore he brings suit - > Miller & Dunlap Plffs Attys > > And the said Burrell by Williams & Clinton his attornies comes & defends the force & injury when &c. & saith that he is in no wise guilty of the premises aforesaid above laid to his charge as the aforesaid [struck: Jno] John W. above complains against him & of this he puts himself upon the Country &c. > Williams & Clinton D[efendant's] att[orne]ys > And the said Plaintiff doth so likewise > Miller & Dunlap Plffs Attys > Statute of Limitations also pleaded > W. Clinton D atty --- **PDF p. 5 - Defendant's attorney's bill / docket of the judgment** > Atty's Bill > Appear[ance] - 4.28 > Plea - 4.28 > Sp[ecial] matter - 5.36 > Judgt - 2.14 > Ex[ecution] - 1.29 > 2 Sub[poena] writs - 2.14 > Jury - 1.07 > $20.56 > > Burrell Blackman > ads } Judgt > John W Blackmon > > Williams & Clinton D atty --- **PDF p. 6 - Judgment** > Therefore it is commanded that the Sheriff of Lancaster District do summon forty eight good & lawful men to be and appear before the associate Judges of the Court of Common pleas to be holden at Lancaster on the first Monday after the fourth Monday in October next, to be drawn by ballot according to the directions of the act of the Genl. Assembly of the said State in such case made and provided, by whom &c. & whom neither &c. to recognize &c. because as well &c. & the same day is given to the parties aforesaid at the place aforesaid and afterwards, that is to say on the day & at the place aforesaid comes the said parties by their attorneys aforesaid, & the jurors aforesaid being demanded some of them to wit Samuel R. Gibson foreman, come & being drawn by ballot according to the said acts of the Genl. Assembly & sworn of the jury aforesaid to say the truth of the within contained, on their oaths say, that the said Burrell Blackman is not guilty in manner & form as the said John W. in his declaration has alledged against him - Therefore it is considered by the said Court now here, that the [struck: said] John W. take nothing by his action in this behalf & that the said Burrell do have judgment & Execution against him the said John W. for his costs & charges by him expended in & about the defence of the action aforesaid, [struck: & to] amounting to Eighty two dollars & [struck: twenty one] 21 cents, & to him the said Burrell by the said Court with his assent adjudged, & be the said John W. in mercy &c. for his false clamor. > > [Left margin:] Judt. entered up and signed 14 Jany 1825 > Wm McKenna ccpl --- **PDF p. 7 - Original writ (attachment), 1823 (printed form; G. W. Tarbox, printer)** > The State of South-Carolina. > TO ALL AND SINGULAR THE SHERIFFS OF THE SAID STATE - GREETING. > YOU, and each of you, are hereby commanded, without delay, to ***attach the body of Burrell Blackman otherwise called Burrel Blackman*** wheresoever ***he*** may be found within your and each of your respective districts, so that you compel ***him*** to be and appear before the Associate Judges of the said State, at the Court of Common Pleas, to be holden at ***Lancaster*** Court-house in and for the district of ***Lancaster*** on the ***first*** Monday after the fourth Monday in ***October*** next, to answer to ***John W. Blackman*** of a Plea of Trespass on the case, and so forth - also [struck: for certain promises and assumptions by the said ... to the said ... made and not performed to the damage of the said] ***for falsely and maliciously, and without any reasonable or probable cause causing and procuring the said John W. to be prosecuted for felony to his damage one thousand dollars***. > And have you there this Writ, before the Clerk of the said Court, fifteen days next before the sitting of the said Court. > WITNESS, the Honorable ELIHU HALL BAY, Esquire, Senior Associate Judge of the said State, at ***Lancaster*** Court-house the ***first*** Monday after the fourth Monday in ***March*** in the Year of our Lord one thousand eight hundred and twenty-***three*** and in the forty ***seventh*** Year of the Sovereignty and Independence of the United States of America. > ***Miller & Dunlap*** Plaintiff's Attorney. > [Left margin:] Wm McKenna clk **PDF p. 8 - Back of the original writ (endorsements)** > [Left panel:] > Entered in my office 14 Oct 1823 > [Perry?] Shff > Shff - $2.25 > > [Center panel:] > 123 > Lancaster > J W Blackman > v } Writ in Case > B. Blackman > Miller & Dunlap > > Return proved 20th Octr > 1823 before Wm McKenna [J.Q.?] > > [Right panel:] > [I] left a copy of this writ at defendant's place of residence 17 October 1823 > Jno McKenzie [Dy Shff?] > > [Below, a list of witnesses, probably the plaintiff's since this is his writ:] > Wit[nesses] > Edward Terrell > Jos. Estridge [?] > Needham Cato > Geo. Cook > Saml Hilton [?] > Elij. Phillips > Amos Huff, Constable --- **PDF p. 9 - Endorsement from the criminal case** > State > vs } > John W. Blackmon > & others I here by certify that John W. Blackmon has given security in the above stated case by bond March 31st 1823 > Amasa Howard J.P. --- **PDF p. 10 - First writ of fieri facias (for Burrell's costs)** > [FI. FA. IN CASE.] > THE STATE OF SOUTH-CAROLINA. > TO ALL AND SINGULAR THE SHERIFFS OF THE SAID STATE - GREETING: > You, and each of you, are hereby commanded, without delay, that of the Goods and Chattels, Houses, Lands, and other Hereditaments and Real Estates of ***John W Blackmon*** you cause to be levied the sum of ***Eighty two*** Dollars ***twenty one*** Cents, [struck: and also the interest on the sum of ... Dollars ... Cents from the ... day of ... in the year of our Lord one thousand eight hundred and twenty ... until satisfaction shall be made of this execution]; which ***Burrell Blackmon*** in the Court of Common Pleas, before the Judges of the said State, at ***Lancaster*** lately recovered against the said ***John W Blackmon*** costs and charges by ***him*** expended in and about prosecuting ***his defence in a certain*** suit [struck: in that behalf, whereof the said] ***for a malicious prosecution by the said John W. against the said Burrell brought, of which the said John W. is*** convicted, as appears on record. And that you have the said Monies before the Judges, at the Court of Common Pleas, to be holden at ***Lancaster*** Court House, on the ***first*** Monday after the fourth Monday in ***March*** next, to render the said ***Burrell for his costs & charges*** [struck: debt and damages] aforesaid. And have you there this Writ, before the Clerk of the said Court, fifteen days next before the sitting of the said Court. > WITNESS the Honorable ***E H Bay*** Esquire, Senior Associate Judge of the said State, at ***Lancaster*** Court-house, on the ***first*** Monday after the fourth Monday in ***October*** in the year of our Lord one thousand eight hundred and twenty ***four*** and in the ***forty ninth*** year of the sovereignty and independence of the United States of America. > ***Williams Clinton*** Plaintiff's [sic] Attorney > [Left margin:] Wm McKenna clk **PDF p. 11 - Back of the first fi. fa.** > [Left panel:] > Entered in my office 14 Feby 1825 at half past 10 oclock A.M. > Jno Sims [?] Shff L.D. > 3 page Ex[ecution] Book > > [Center panel:] > Burrell Blackmon > ads } Fi Fa for Costs > John W Blackmon > > Williams & Clinton Deft atty > > Verdict for Deft > Atty - 20.56 > Clk - 8.40 > Shff - 2.25 > Witness - 51.00 > 82.21 > > Renewed 2d May 1825 > Lodged Jany 14th --- **PDF p. 12 - Witness fees** > Jo. Blackmon - $9 > Wm Clark - 4 > Saml Clark - 4 > Jno Blackmon - 5 > Nathl Clark - 10 > Willie Blackmon - 2 > Jno [struck: Jonathan? / Jacome?] Small - 4 > Mary Eaton [?] - 1 > Joel Blackmon - 10 > $51 *[The items listed add up to $49, not $51.]* --- **PDF p. 13 - Second writ of fieri facias (printed form; stereotyped by J. Howe, N. York, for James Lyon, Editor of the Pee Dee Gazette)** > The State of South-Carolina, ***Lancaster*** District. > To all and Singular the Sheriffs of the said State.....GREETING: > YOU, and each of you are hereby commanded ***as you have heretofore been*** without delay, that of the Goods and Chattels, Houses, Lands and other Hereditaments and Real estates of ***John W Blackman*** you cause to be levied, the sum of ***Eighty two dollars & twenty one cents*** [struck: and also the interest which shall accrue on ... being the principal sum of the judgment in this case, from the ... day of ... in the Year of our Lord one thousand eight hundred and ... up to the day on which such levy shall be made and satisfaction entered on this execution], which ***Burrell Blackman*** in the Court of Common Pleas before the Judges of the said State at ***Lancaster*** Court-House, lately recovered against the said ***John W. Blackman*** [struck: for damages sustained by the said ... by the said ... as well by reason of promises and assumptions to the said ... made and not performed as] ***for*** Costs and Charges by ***him*** expended in and about prosecuting ***his*** [struck: Suit in that behalf, whereof the said] ***defence in a certain suit for a malicious prosecution by the said John W. against the said Burrell brought, of which the said John W. is*** convicted, as appears on record. And that you have the said Monies before the said Judges, at the Court of Common Pleas, to be holden at ***Lancaster*** Court-House, on the ***first*** Monday after the fourth Monday in ***October*** next to render to the said ***Burrell for his*** [struck: Damages,] Costs and Charges aforesaid. And have you there this Writ, before the Clerk of the said Court, fifteen days next before the sitting of the said Court. > WITNESS, the Honorable ***E H Bay*** Esquire, Senior Associate Judge of the said State, at ***Lancaster*** Court-House the ***first*** Monday after the fourth Monday in ***March*** in the Year of our Lord one thousand eight hundred and ***twenty five*** and in the ***forty ninth*** Year of the Sovereignty and Independence of the United States of America. > ***W. Clinton*** Plaintiff's Att[orne]y > [Left margin:] Jno McKenzie ccpl --- **PDF p. 14 - General subpoena writ, Oct 1823 (printed form)** > STATE OF SOUTH-CAROLINA. ***Lancaster*** DISTRICT. > To ***Lindsy [?] Brewer, Nathl Clark, Joel Blackmon, J[esse? / ason?] Blackmon, Lydia [?] Blackmon, Willie Blackmon, Joseph Blackmon*** > You, and each of you, are hereby strictly required and firmly enjoined, that all business being laid aside, and all excuses ceasing, you do, in your proper person, appear before the Associate Judges of the Court of Common Pleas, at the Court of Common Pleas to be holden at ***Lancaster*** Court-house, for ***Lancaster*** district, on the ***first*** Monday after the fourth Monday in ***March*** next, and then and there to testify the truth, according to your knowledge, in a certain case now depending and to be tried, between ***John Blackmon*** Plaintiff and ***Burrell Blackmon*** Defendant on the part and behalf of the said ***Defendant***. > Herein fail not on pain of the forfeiture of Ten Pounds Proclamation Money, as well as the consequences that may fall thereon. > WITNESS the honorable ***E H Bay*** Esquire, Senior Associate Judge of the said State, at ***Lancaster*** Court-house, on the ***first*** Monday after the fourth Monday in ***October*** in the year of our Lord one thousand eight hundred and twenty ***three*** and in the forty ***eighth*** year of the sovereignty and independence of the United States of America. > ***Williams & Clinton D. attys*** > [Left margin:] Wm McKenna clk **PDF p. 15 - Back of the general subpoena** > Lancaster > John Blackmon > v } Sub[poena] Writ > B Blackmon > Williams & Clinton D. atto --- **PDF pp. 16-41 - Individual subpoena tickets and witnesses' sworn statements of attendance** *[Each ticket is a printed "Writ of Subpoena" form to appear at Lancaster Court House for the defendant in John W. Blackman v. Burrell Blackman, signed "Williams & Clinton, D[efendant's] att[orne]y." The table gives the handwritten details. The back of each ticket holds the witness's statement, in the form "Personally came [name] and made oath that he/she attended Court [n] days on the within subpoena."]* | PDF pp. | Witness (as written) | Term summoned | Ticket dated | Statement on back (days; date sworn; J.P.; signature) | |---|---|---|---|---| | 16-17 | Nathaniel Clark | Oct 1824 | 18 Sept 1824 | "attended Court five days on the within supena"; sworn 12 Nov 1824 before Tho. D. B[ean?] J.P.; signed Nathl Clark | | 18-19 | N. Clark | March 1824 | [6th?] March 1824 | "attended Court six days on the within supena"; sworn 12 Nov 1824 before Tho. D. B[ean?] J.P.; signed Nathl Clark | | 20-21 | John Blackmon | March 1824 | 18 Feb 1824 | "John Blackman appeared before me and made oath that he attended five days in obedience to the within subpoena. Sworn to this 18th Nov 1824 before Wm McKenna [C.C.]"; signed John Blackmon | | 22-23 | Willie Blackmon (written over a struck "Lindsy Brewer") | March 1824 | 18 Feb 1824 | "attended Court two days on this supena"; sworn 11 Nov 1824 before Samuel Humfress J.P.; signed Willie Blackman | | 24-25 | Samuel Clark | Oct 1824 | 18 Sept 1824 | "attended four days on this case at Court"; 6th November 1824; A. Hovel [?] J.P.; signed Samuel Clark | | 26-27 | Joseph Blackman | March 1824 | 18 Feb 1824 | "attended five days on this supena at Court"; sworn 23 Nov 1824 before A. Hovel [?] J.P.; Joseph (his X mark) Blackman; addressed "To Mr Joseph Blackman Esqr" | | 28-29 | Joseph Blackman | Oct 1824 | 18 Sept 1824 | "attended Court four days on this supena"; sworn 11 Nov 1824 before Samuel Humfress J.P.; Joseph (his X mark) Blackman | | 30-31 | Polly Eaton [? - "Eatons"/"Eators"] | Oct 1824 | 18 Sept 1824 | "Mrs Eaton[s?] saith on oath that she attended one day in virtue of the within subpoena"; sworn 8 Nov 1824 before R. M. Crockett J.P.; endorsed "Mrs Polly Eaton[s?]" | | 32-33 | William Clark | Oct 1824 | 18 Sept 1824 | "attended Court on this case four days"; sworn Nov [13?] 1824 before W. R. Horton [?] J.P.; William (his X mark) Clark | | 34-35 | Patty Blackman | Oct 1824 | 18 Sept 1824 | "she attended Court two days on this supena"; sworn 11 Nov 1824 before Samuel Humfress J.P.; Patty (her X mark) Blackman; endorsed "Mrs Patty Blackmon" | | 36-37 | Jonathan Small | March 1824 | 18 Feb 1824 | "attended Court four days on the within supena. Sworn to and subscribed before [me] November 1824"; Samuel Humfress J.P.; signed Jonathan Small. Also an upside-down note: "Jonathan Small's [certificate?] 4 Days April the 30 1824" and "5 Mo [?] 14 1824" | | 38-39 | Joel Blackmen | Oct 1824 | 18 Sept 1824 | "attended Court four days on within subpena"; sworn 11 Nov 1824 before Samuel Humfres J.P.; signed Joel Blackman | | 40-41 | Joel Blackmon | March 1824 | 18 Feb [?] 1824 | "attended Court six days on within subpena"; sworn 11 Nov 1824 before Samuel Humphres J.P.; signed Joel Blackman | --- **PDF p. 42 - Magistrate's recognizance, 1823 (printed form; J. Cambridge, printer, Camden)** > MAGISTRATES RECOGNIZANCES. - Printed by J. CAMBRIDGE, Camden. > State of South-Carolina. > BE IT REMEMBERED, That on the ***thirty first*** day of ***March*** in the year of our Lord one thousand eight hundred and ***twenty three*** Personally appeared, ***John W. Blackmon & Needham Cato*** before me ***Amasa Howard*** Esq. Justice of the Peace in and for the said State, who acknowledged themselves to be indebted to the State of South-Carolina, that is to say: The said ***John W. Blackmon*** in the sum of ***two hundred dollars*** [struck: dollars]: and the said ***Needham Cato*** in the sum of ***two hundred dollars*** like money, to be levied of their several lands and tenements, goods and chattels, respectively, to and for the use of the said State, if the above mentioned ***John W*** shall fail in performing the condition underwritten. > THE Condition of this Recognizance is such, that IF THE SAID ***John W.*** shall personally appear before the Justices of the State aforesaid, at the next court of General Sessions of the Peace, Oyer and Terminer, Assize and General Goal delivery, to be holden at the usual place of Judicature in ***Lancaster District*** on the ***last*** Monday in ***March*** then and there to answer to a bill of endictment to be prefered against ***him by Burrell Blackmon*** and to do and receive what shall be enjoined by the court, and not to depart the court without licence: And in the mean time the said ***John W.*** do keep the peace of the State, and to be of good behaviour toward all the citizens thereof, and especially towards the said ***Burrel Blackmon*** then this Recognizance to be null and void, or else to remain in full force and virtue. > Taken and acknowledged the day and year abovewritten, before me } > ***Amasa Howard J.P.*** ***John W Blackmon*** (L.S.) > ***Needham Cato*** (L.S.) **PDF p. 43 - Back of the recognizance** > Bond > John W. Blackmon > Needham Cato