# Lancaster County, SC - Court of Common Pleas - Judgment Roll 578 | | | |---|---| | **Case** | William Blackman, by his guardian James Langley, v. Burrell Blackman | | **Dates** | 1823-1825 | | **Roll** | Box 16, Roll 578 | | **Pages in source images** | 21 | ## Source Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 578 (Box 16). 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 578 - Blackman vs Blackman.pdf](Judgment%20Roll%20578%20-%20Blackman%20vs%20Blackman.pdf), 21 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:** - p. 4 is a second photo of p. 3. ## Transcription **PDF p. 1 - Docket cover of the declaration** > [Left panel:] > Verdict - $15 - > Attos cost - $22.72 > Clerks do - 8.36 > Shffs do - 2.25 > Wit do - 1.00 $34.33 > $49.33 > > [Along the left edge, bleed-through or a fragment from the declaration:] ... make and grant his certain w[arrant] ... his hand ... > > [Right panel:] > R 5[9?] 10 > Lancaster > B16 R 578 > Wm Blackman > v } Decla[ratio]n in Case > Burrell Blackman > > Miller & Dunlap > > Filed 3 April 1824 > > We find for the Plff. fifteen [struck: doll] dollars > Sam R Gibson > foreman > > Recorded > Judt ent[ere]d up & Ex[ecutio]n issued 14 Jany 1825 > Williams & Clinton --- **PDF pp. 2-5 - Declaration** > South Carolina } > Lancaster District } To wit Burrell Blackman otherwise called Burrel Blackman was attached to answer William Blackman of a plea of trespass on the case and so forth, also for falsely and maliciously and without any reasonable or probable cause, causing and procuring the said William to be prosecuted for felony to his damage one thousand dollars, whereupon the said William by James Langley who is admitted by the Court here, to prosecute for the said William who is an Infant within the age of twenty one years, as the Guardian of the said William complains, for that whereas the said William now is a good true honest, just, and faithful Citizen of this State, and as such hath always conducted himself, by means whereof he the said William, before the committing of the said several grievances by the said Burrell as herein after mentioned had deservedly obtained & acquired the good opinion and credit of all his neighbours, & other good, and worthy Citizens of this State. Yet the said Burrell well knowing the premises, but contriving & maliciously intending, to injure the said William in his aforesaid good name and credit, & to cause him the said William to be imprisoned for a long space of time & thereby to impoverish oppress and wholly 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 & State aforesaid, went and appeared before one Amasa Howard, one of the Justices, assigned to keep the peace of the said State, in and for the District aforesaid and also to hear & determine divers felonies & 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 William 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 & procured the said Amasa Howard, Justice as aforesaid, to > > [p. 3] make and grant his certain warrant, under his hand and seal, for the apprehending of the said William and bringing him before the said Amasa Howard, to be dealt with according to Law. And the said Burrell under and by virtue of the said warrant, afterwards, wrongfully and unjustly, and without any reasonable or probable cause, caused and procured the said William to be arrested by his body & to be carried and conveyed in custody before one William R. Horton, one of the Justices assigned to keep [struck: of] the peace of the said State, in & for the District aforesaid & also to hear & determine divers felonies & misdemeanors committed in the said District & to be bound in a certain bond or obligation with security personally to appear at the next Court of Sessions to be holden for Lancaster District, to answer to a bill of Indictment to be prefered against him & abide the order of the Court. And the said Burrell, afterwards, to wit, at a Court of Sessions holden in and for the District aforesaid, in the State aforesaid at Lancaster Court House, in the District and State aforesaid, 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, prefered and caused to be prefered a bill of Indictment against the said William by the name of William Blackmon, for that the said William, 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 returned no Bill. > > [p. 5] And the said William afterwards to wit at a Court of Sessions, holden in and for the District and State aforesaid, at Lancaster Court house, [struck: by order] 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 the Court was and is duly discharged of and from the premises, in the said Bill of Indictment specified, and the said prosecution is wholly ended and determined as by the records and proceedings appear. By means of which said several premises he the said William hath been and is greatly injured in his 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 & necessary affairs and business, and hath been and is otherwise greatly injured in his credit and circumstances, to the damage of the said William one thousand dollars & therefore he brings suit. > Miller & Dunlap > Plffs Attys --- **PDF p. 6 - Judgment (printed form: "Postea Judgment on Issue Tried, and Verdict for Plaintiff" - Camden Press)** > AND now at this day, to wit, the ***first monday after the fourth monday in october*** [struck: Monday in] to which day the issue aforesaid, was continued in the Court of Common Pleas, at ***Lancaster*** Court-House, come the parties aforesaid, and the Sheriff of ***Lancaster*** District, as he has heretofore been commanded, returns, that he has summoned forty-eight good and lawful men, to be drawn by ballot, according to the directions of the Acts of the General Assembly of the said state, in such case made and provided, to be and appear before the Justices of the said State, at the Court aforesaid, to be holden at the place aforesaid on the day aforesaid, by whom, and so forth; and who neither, and so forth; to recognize, and so forth; because as well, and so forth. And afterwards, that is to say, on the day, and at the place aforesaid, before the Justices aforesaid, come as well the said ***William*** by ***his*** Attorney aforesaid, as the said ***Burrell*** by ***his*** Attorney aforesaid; and the Jurors aforesaid, being demanded, some of them, to wit, ***Samuel R Gibson Foreman*** come, and being drawn by ballot, according to the directions of the said Acts of the General Assembly aforesaid, and sworn of the jury aforesaid, to say the truth of the within contained, do, on their oath say, that ***the said Burrell is guilty of the premises*** as the said ***William*** above, in ***his*** declaration ha[s] alleged against ***him*** and they assess the damages of the said ***William*** by reason ***of the premises aforesaid*** over and above ***his*** costs and charges, by ***him*** about ***his*** suit in this behalf expended to ***fifteen dollars***. > THEREFORE, it is considered, that the said ***William*** do recover against the said ***Burrell*** ***his*** damages so found by the Jurors aforesaid; and also ***thirty four dollars and thirty three cents*** for ***his*** costs and charges aforesaid, to the said ***William*** by the said Court, now herewith ***his*** assent adjudged, and be the said ***Burrell*** in mercy, and so forth. > > Judgment entered up and signed 1[0? / 4?] Jany 1825 > Wm McKenna ccpl --- **PDF p. 7 - First writ of fieri facias (printed form: "[FI. FA. IN CASE.]"; Printed at the State Journal Press)** > STATE OF SOUTH-CAROLINA, > TO ALL AND SINGULAR THE SHERIFFS OF THE SAID STATE - GREETING: > You, and each of you, are hereby commanded, [struck: Burrell Blackman] without delay, that of the Goods and Chattels, Houses, Lands and other Hereditaments and Real Estates [struck: to take the body of [Edward?] Williams and Edward Williams wheresoever they may be found in your district and them safely keep so that you have their bodies before the associate Judges of the said State] ***of Burrell Blackman*** you cause to be levied the sum of ***fifteen*** dollars [struck: ... cents, and also the interest on the sum of fifteen dollars ... cents from the ... day of ... in the years of our Lord one thousand eight hundred and twenty ... until satisfaction shall be made of this execution]; which ***William Blackman*** in the Court of Common Pleas, before the Judges of the said State, at ***Lancaster Court House*** lately recovered against the said ***Burrell: as also the sum of thirty four dollars & thirty three cents for his*** costs and charges by ***him*** expended in and about prosecuting ***his*** suit in that behalf, whereof the said ***Burrell is*** convicted, as appears on record. And that you have the 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 ***Plaintiff for his*** [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 ELIHU HALL 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. > ***Miller & Dunlap*** Plaintiff's Attorney. > [Left margin:] Wm McKenna clk *[Clearly the clerk reused a form already partly filled in for a different writ (against "Edward Williams") and struck that text out.]* **PDF p. 8 - Back of the first fi. fa.** > Lancaster > Wm Blackman > v } fifa in case > Bur. Blackman > Miller & Dunlap > > Verd - $15.00 > Atty - $22.72 > Clk - 8.36 > Shff - 2.25 > Wit - 1.00 34.33 > Thos Small $1.00 [?] 49.33 > > Renewed 3 Octr 182[5?] --- **PDF p. 9 - Back of the second fi. fa. (sheriff's levy and sale)** > [Left panel:] > Entered in my Office > 3 Octr 1825 > Jno Sims S.L.D. > > Leaved [levied] on the plantation whereon the defendant now lives as his property to satisfy a judgment in favour of William Blackman also leaved on one plantation whereon Nathaniel Clark now lives as the property of the defendant [struck: ...] > John W Blackmon > 3 Octr 1825 > > Land sold sale day in Novr 1825 to Saml [Caston? - the same sale is recorded more clearly in Roll 579] for ten dollars > John Sims [Shff] > > [Center panel:] > 88 > Lancaster > Wm Blackman > v } 2d fifa in Case > Bur. Blackman > Miller & Dunlap > > Verd - $15.00 > Atty - $22.72 > Clk - 8.36 > Shff - 2.25 > Wit - 1.00 $34.33 > Atty on Ren[ewal] - 1.07 > Clk " " - 0.54 > Shffs Com[mission] on fifa - 4.1[4?] > > [Right panel, written vertically:] > I appoint Jno. W. Blackman [my special] deputy to levy on the goods and [chattels] lands and tenements of the deft. at the [risk of the] plff 3 Octr 1825 > Jno Sims [Shff] **PDF p. 10 - Second writ of fieri facias (printed form: "Fi. Fa. in Case" - Camden Press)** > 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 ***Burrell Blackman*** you cause to be levied the sum of ***fifteen*** dollars [struck: and ... cents, also interest on the sum of ... dollars and ... cents, from the ... day of ... in the year of our Lord one thousand eight hundred and ... until satisfaction shall be made of this execution]; which ***William Blackman*** in the Court of Common Pleas, before the Judges of the said State, at ***Lancaster*** Court-house, lately recovered against the said ***Burrell as also the sum of thirty four dollars & thirty three [cents]*** [struck: for the damages which he sustained by reason of the non-performance of certain promises and assumptions by the said ... to the said ... made as] for ***his*** Costs and Charges by [struck: him] expended in and about prosecuting ***his*** Suit in that behalf, whereof the said ***Burrell 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 in [struck: October] next, to render the said ***Plaintiff*** for ***his*** Damages, Interest, 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 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 five*** and in the ***forty ninth*** Year of the Sovereignty and Independence of the United States of America. > ***Miller & Dunlap*** Plaintiff's Attorney. > [Left margin:] Jno McKenzie ccpl --- **PDF p. 11 - Subpoena ticket to Thomas Small Sr.** > STATE OF SOUTH-CAROLINA. > TO ***Thomas Small Senr*** > By virtue of a Writ of Subpoena, to you directed, and herewith shewn unto you, You are personally to be and appear before the Associate Judges of the Court of Common Pleas, to be holden at ***Lancaster*** Court-house, on the ***first*** Monday after the fourth Monday in ***October*** next, to testify according to your knowledge, the truth in a certain cause, now depending, then and there to be tried, between ***Will Blackman*** Plaintiff, and ***Burrell Blackman*** Defendant, on the part and behalf of the ***Deft*** [sic]. > Hereof fail not, on pain of the penalties that will fall thereon. > DATED at ***Lancaster*** Court-house, the ***first*** day of ***Septr*** Anno Domini, 182***4*** > ***Miller & Dunlap*** *[The ticket says "Deft," but it was issued by the plaintiff's attorneys and Small's fee is charged in the plaintiff's costs, so "Deft" is probably a slip.]* **PDF p. 12 - Back: Thomas Small's affidavit of attendance** > South Carolina } > Lancaster District } personally appeared Thomas Small before me who being duly sworn saith that he attended on the within supeina one day and that he has rec'd no pay therefore. Sworn to before me this 28th December 1824 > Wm R Horton J.Q. Thomas (his T mark) Small --- **PDF pp. 13-14 - Court of Sessions indictment, March 1823 (State v. John W., Elijah & William Blackmon)** > [p. 13, back of the indictment:] > Lancaster > The State > v } Indict[ment] > John W. Blackmon } Hog > Elijah Blackmon } Steal- > & Wm Blackman } ing > > Clarke Sol[icitor] > > Burrell Blackmon Pros[ecutor] > Jos. Eastrege [sworn] > Linsey Brewer [sworn] > Mary Estrege [sworn] > Lidey Blackmon [sworn] > > No Bill > E. J. Crockett > Foreman > > [Left margin, a column of pencil figures:] 10 / 25 / 30 / 25 / 25 / 5 / 5 / 5 / 10 / 13 ... 188 / 15.66 > > [p. 14, the indictment (printed form):] > The State of South-Carolina, } > ***Lancaster*** District. } TO WIT. > At a Court of Sessions, begun to be holden in and for the district of ***Lancaster*** in the state of South-Carolina, at ***Lancaster Court House*** in the district and State aforesaid, on the ***first monday after the fourth monday in March*** in the year of our Lord one thousand eight hundred and ***twenty three***. > THE Jurors of and for the district of ***Lancaster*** aforesaid, in the State of South-Carolina aforesaid, ***upon their oaths and affirmations*** Present, That ***John W. Blackmon, Elijah Blackmon*** [struck: late of ... in the State aforesaid] ***William Blackmon*** [margin: Blackmon] 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 first aforesaid, ***one [struck: hog] Barrow of the value of five dollars and one sow of the value of one dollars*** of the goods and chattels of ***Burrell Blackmon*** [struck: of ... in the State aforesaid] 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. --- **PDF p. 15 - Affidavit of Linsey Brewer, 5 Feb 1823** > State South Carolina } > Lancaster District } Wm Linsey [struck: Wilcox? / Wilson?] Brewer personally came before me & saith on oath that about the last of August last past he this deponent was at the house of John W. Blackman and saw in his possession a hog hanging on the out side of the house when he came up that imediately afterwards the hog was taken of[f] & carried into the house, that he this Deponent pursued into the house and on examining the marks found that it was [struck: Wm] B. Blackman's mark, which was an under square of the right and a slit in the left ear & that he verily believes it was the property of the said B Blackman & that he believes the said hog was taken in a felonious manner by the said John Blackman & Son Elijah. This Deponent further saith that the grounds which gave rise for his suspicion was a few days previous to this he saw [struck: them] the said [struck: John] Elishah & Brother beat a hog of the said B B & through [threw] it over the fence and believes the hog died. > Sworn to & subscribed before > me Feby 5th 1823 Linsey (his X mark) Brewer > R M Crockett J.Q. **PDF p. 16 - Back of Brewer's affidavit** > State > v } aff[idavi]t of > J W Blackman > > Affadavit of > Linsey Brewer --- **PDF p. 17 - Back of the arrest warrant** > The State > v > John W. Blackmon > Elijah Blackmon > Wm Blackmon > > Summon > Joseph Estridge > Polly Estridge > Lindsey Brewer > Levi Blackmon **PDF p. 18 - Burrell Blackmon's sworn complaint, 3 Mar 1823** > South Carolina } > Lancaster District } > Personally came Burrel Blackmon and on oath saith that he has just reason to believe and verrily does believe that John Blackmon otherwise called John W. Blackmon and Elijah Blackmon and William Blackmon did feloniously steal and carry away one or more hogs the property of this deponent on ^the last of August^ or about the first of September 1822 > Burrel Blackmon > Sworn and subscribed > before me this 3d of March > 1823 Amasa Howard J.Q. **PDF p. 19 - Arrest warrant, 3 Mar 1823 (printed form)** > State of South-Carolina. } > ***Lancaster*** DISTRICT. } > By ***Amasa Howard*** Esquire, > Justice of the Quorum, in and for the said State, > TO ANY LAWFUL CONSTABLE. > WHEREAS complaint upon oath has been made to me by ***Burrel Blackmon that John Blackmon otherwise called John W. Blackmon, Elijah Blackmon & William Blackmon did felloniously steal and carry away one or more hogs the property of said Burrel on the last of August or about the first of September last*** > THESE are therefore, to command you to apprehend the said ***John W. Elijah & William*** and to bring ***them*** before me to answer unto the said complaint, and to be further dealt with, according to law. > GIVEN under my hand and Seal, at ***Lancaster*** this ***3d*** day of ***March*** one thousand eight hundred and ***twenty three*** > ***Amasa Howard*** (SEAL) --- **PDF p. 20 - 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 ***William Blackman*** of a Plea of Trespass on the case, and so forth - also for [struck: certain promises and assumptions by the said ... to the said ... made and not performed to the damage of the said] ***falsely and maliciously and without any reasonable or probable cause, causing and procuring the said William 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 Mc]Kenna clk **PDF p. 21 - Back of the original writ** > [Left panel:] > Entered in my office > 14 Octr 1823 > [Perry?] Shff > Shff - $2.25 > > [Center panel:] > 122 > Lancaster > Wm Blackman > v } Writ in Case > B. Blackman > Miller & Dunlap > > Return proved 20th October > 1823 before Wm McKenna [J.Q.?] > > [Right panel, written vertically:] > [I] left a copy of this writ at Defendant's place of residence 17 October 1823 > Jno McKenzie [Dy Shff?]