# Lancaster County, SC - Court of Common Pleas - Judgment Roll 906

| | |
|---|---|
| **Case** | Lydia Blackman (Blackmon) v. William Ellis |
| **Dates** | 1825-1829 |
| **Roll** | Box 24 [?], Roll 906 |
| **Pages in source images** | 74 |

## Source

Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 906 (Box 24 [?]). Original records held by the South Carolina Department of Archives and History, Columbia, SC. Transcribed from photographs of the original judgment roll (image files: folder [906](906/), 74 photographs).

## 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.
- "Img." numbers refer to the photographs in the roll's image folder, in file-name order, which is not always the order the papers were written in.

**Notes on these images:**

- Img. 6 is a second photograph of the page shown in Img. 5.
- Many sheets were photographed sideways or upside down and were rotated for reading.
- The surname is spelled "Blackman" and "Blackmon" interchangeably throughout; both are kept as written.
- About two-thirds of the roll consists of printed subpoena writs and subpoena tickets for witnesses, with witness affidavits of attendance on the backs. The writs and their sheriff's returns are transcribed in full; the tickets and affidavits are summarized in tables giving only their handwritten details.
- The case was tried and the verdict given at Spring Term 1828 (see the judgment and the costs). In 1829 the defendant challenged the taxation of witness costs, and the clerk's report on that retaxation (Imgs. 36-40) is transcribed in full.

## Transcription

**Img. 1 - Original writ (printed form: "[WRIT.] 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, without delay, to ***attach the body of William Ellis*** 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 ***March*** next, to answer to ***Lydia Blackman of a plea of trespass on the case and so forth for falsely and maliciously and without any reasonable or probable cause causing the said Lydia to be prosecuted for trading with a negro slave without a licence from his master or owner to her 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 ***October*** in the year of our Lord one thousand eight hundred and ***twenty five*** and in the ***Fiftieth*** year of the Sovereignty and Independence of the United States of America.
>
>     ***Carter & Blair*** Plffs. Attys
>
> [Left margin:] Jno. McKenzie Clk

---

**Img. 4 - Docket cover of the declaration**

> Roll 30
> Lancaster
> B24 [?] R 906
>
> Lydia Blackman
>    vs } Declaration in Case $1000
> William Ellis
>
> McWillie & Howard Pltffs Attys
>
> Filed in my office 14th [?] March 1827 [?]
>     Wm. McKenna [?] Clk
>
> Settled
>
> We find for the Plaintiff four hundred dollars.
>     Samuel Massey [?] foreman
>
> Recd $200 [?]
> [illegible] 27 Jany 1829 [?]
> Feby 8 [?] 1829
> [illegible] $35
> Jany 27 1829
>
> Williams & Clinton

*[The lower part of this cover is crowded and faint; the dates and sums are uncertain. The judgment (Img. 56) names the foreman differently; see below.]*

---

**Imgs. 5 and 7 - Declaration**

> The State of South Carolina } to wit
> Lancaster District }
>
> William Ellis was attached to answer to Lydia Blackman of a plea of trespass on the case & so forth. Whereupon the said Lydia by McWillie & Howard her attorneys complains that whereas the said Lydia now is a good [struck: true] and faithful and honest citizen of this State and as such hath always conducted herself and before the committing the several grievances by the said William Ellis as herein after mentioned had deservedly acquired the good opinion and credit of all her neighbours and other good and worthy citizens of this State,
>
> Yet the said William Ellis well knowing the premises but contriving and maliciously intending to injure the said Lydia in her aforesaid good name and credit and to cause her the said Lydia to be imprisoned for a great length of time to wit one year to wit from the [blank] day of [blank] until the [blank] day of [blank] and thereby to impoverish oppress and wholly ruin her the said Lydia heretofore to wit on the eighth day of January in the year of our Lord one thousand eight hundred and twenty five in the district of Lancaster in the State aforesaid before one William K. Horton Esquire assigned as one of the justices of the Quorum to keep the peace for the said State in and for the said district of Lancaster and also to hear and determine divers felonies and misdemeanors committed in the said district of Lancaster, and there and there before the said William K. Horton Justice as aforesaid, falsely and [maliciously] and without any reasonable or probable cause charged the said Lydia with concealing in her dwelling house the following goods to wit Cotton and wheat or a part thereof by some person or persons [struck: unknown] unknown feloniously stolen taken and carried away out of the house of him the said William Ellis and upon such charge without any reasonable or probable cause he the said William Ellis procured the said William K. Horton Justice as aforesaid to make out and grant his certain warrant under his hand and seal to search the dwelling house of the said Lydia in said district for the said goods and if the same or any part thereof should be found in the dwelling house of the said Lydia, for the apprehending the said Lydia and bring the said Lydia before [struck: him] the said William K. Horton or some other justice assigned to keep the peace in the district aforesaid to be dealt with according to law for the said supposed offence.
>
> And the said William Ellis afterwards under and by virtue of the said warrant without any reasonable [struck: cause] or probable cause procured the said Lydia to be arrested by her body and to be carried and conveyed before one Amasa Howard then and there being a certain other justice assigned to keep the peace for the said State in and for the district aforesaid and also to hear and determine divers felonies and misdemeanors committed in the said district of Lancaster to be bound in a recognizance or obligation with security to appear personally at the next Court of General Sessions of the peace for the district of Lancaster to answer to a bill of indictment to be preferred against her the said Lydia by the said William Ellis and to abide the order of the said Court and in the mean time to be of good behaviour and so forth.
>
> And the said William Ellis afterwards to wit at a Court of Sessions holden in and for the district of Lancaster in the 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 five, falsely and maliciously and without any reasonable or probable cause preferred and caused to be preferred a bill of indictment against the said Lydia by the name of Lydia Blackman to the jurors of and for the district of Lancaster for that the said Lydia Blackman late of the district of Lancaster on the seventh day of January in the year of our Lord one thousand eight hundred and twenty five with force and arms at Lancaster Court House in the [struck: district] and State aforesaid one bushel of wheat of the value of one dollar from a certain Negro man Slave belonging to William Ellis [struck: of the district] aforesaid, called and known by the name of Sam, then & there did unlawfully [struck: buy and] purchase against the form of the act of the general assembly of the said State in such case made and provided and against the peace and dignity of the same State aforesaid which said bill of indictment the jurors aforesaid upon their oaths and affirmations [returned?] [a true] bill.
>
> And the State attorney afterwards to wit at a court of Sessions holden in and for the district of Lancaster on the first Monday after the fourth Monday in October in the year of our Lord one thousand eight hundred and twenty five caused the said Lydia Blackman to be put upon her trial upon the said bill of indictment and the charges therein set forth [struck: afterwards] to wit on the third day of November in the year of [our] Lord one thousand eight hundred and twenty five at Lancaster Court House in the district and State aforesaid before the Justices assigned to hold the said Court of General Sessions of the peace in and for the said district the said Lydia was in due manner and by due course of law acquitted of the said premises in the said indictment charged upon her the said Lydia by a jury of the said District of Lancaster as by the record and proceedings thereof remaining in the said Court at Lancaster Court House in the district and State aforesaid appears,
>
> by means of which said severall grievances as aforesaid, she the said Lydia hath been and is greatly injured in her said credit and reputation and hath suffered great anxiety and pain of body and mind and hath been greatly hindered from following and using her accustomed business, and hath been put to great expense in and about defending herself against the said prosecutions to wit to the sum of one hundred dollars and hath been and is greatly injured otherwise in her credit & circumstances to the damage of the said Lydia one thousand dollars and therefore she brings suit and so forth.
>
>     McWillie & Howard Plffs Atty

**Img. 8 - Plea and joinder**

> And the said William by Williams & Clinton his attorneys comes & defends the wrong & injury when &c & says he is not guilty of the premises in manner or as the plaintiff [struck: illegible] hereof [?] hath [declared?] & of this he puts himself upon the country &c -
>     Williams & Clinton D. atty
>
> And the said Lydia doth so likewise -
>     McWillie & Howard Pltffs Atty

---

**Img. 45 (lower) - Notice of substitution of attorneys**

> Lydia Blackman
>    vs } [Writ?] in Case
> Wm. Ellis
>
> Messrs Williams & Clinton Attys for Deft will take notice that McWillie & Howard will move the court for further time to Declare on the above case and to be substituted as Attys on record in lieu of Carter & Blair the present Attorneys. Oct 31. 1826
>     McWillie & Howard

**Img. 46 (upper) - Back of the notice**

> Notice Served Oct 31. 1826
>     W. McWillie

---

**Subpoena writs and sheriff's returns**

**Img. 35 - Subpoena writ, Spring Term 1827 (printed form: "Subpena - Camden Press")**

> State of South-Carolina, ***Lancaster*** DISTRICT.
>
> TO ***Samuel Caston, William Horton Senior, Glass Caston, Joel Blackmon, James Blackmon Senior***
>
> 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, to be holden at ***Lancaster*** Court-House in and for the District of ***Lancaster*** on the ***first*** Monday after the fourth Monday in ***March*** next, then and there to testify the truth, according to your knowledge, in a certain cause now depending and to be tried between ***Lydia Blackmon*** Plaintiff, and ***William Ellis*** Defendant, on the part and behalf of the ***Plaintiff***. Herein fail not, on pain of the forfeiture of ten pounds Proclamation Money, as well as the consequences that may fall thereon.
>
> WITNESS ***John McKenzie*** Esquire, Clerk of the Court of Common Pleas, for ***Lancaster*** District, the ***twenty eighth*** day of ***February*** in the year of our Lord one thousand eight hundred and twenty-***seven*** and in the ***fifty first*** year of the Sovereignty and Independence of the United States of America.
>
>     ***McWillie & Howard*** Plaintiff's Attorneys
>
> [Left margin:] J. McKenzie Clk

**Img. 34 - Back of the Spring 1827 writ (Samuel Caston et al.)**

> [Left panel:]
> Entered in my office 14 March 1827 [?]
>     John Sims [?] Shff
>
> Served by Wm. Williams [?] Deputy - Wm. Horton Senr. personally - served Joel Blackman with a subpoena & left at the house of James Blackman Sen. ... Glass Caston personally served ... 28 March 1827 ... left a subpoena & ticket at the house of Samuel Caston 28 March 1827 [?]
>     [Shff]
>
> [Center panel:]
> 156 [?]
> Lancaster
> Lydia Blackmon
>    v } Sub[poena]
> William Ellis
>
> McWillie & Howard Pltffs Atty
>
> Witnesses
> William Horton Senr x
> Glass Caston x
> Joel Blackmon x
> James Blackmon Senr x
> Samuel Caston

*[The sheriff's return on this back is faint and only partly legible.]*

**Img. 53 - Subpoena writ, Spring Term 1827 (printed form: "Subpena - Camden Press")**

> State of South-Carolina, ***Lancaster*** DISTRICT.
>
> TO ***John J. Blackmon, Solomon Williams Jr., John W. Blackmon, Elijah Blackmon & Joseph Hale***
>
> [Printed text as in Img. 35] ... at ***Lancaster*** Court-House in and for the District of ***Lancaster*** on the ***first*** Monday after the fourth [in] Monday in ***March*** next ... between ***Lydia Blackmon*** Plaintiff, and ***William Ellis*** Defendant, on the part and behalf of the ***Plaintiff*** ...
>
> WITNESS ***John McKenzie*** Esquire, Clerk of the Court of Common Pleas, for ***Lancaster*** District, the ***twenty eighth*** day of ***February*** in the year of our Lord one thousand eight hundred and twenty-***seven*** and in the ***fifty first*** year of the Sovereignty and Independence of the United States of America.
>
>     ***McWillie & Howard*** Plaintiff's Attorney
>
> [Left margin:] Jno. McKenzie

**Img. 54 - Back of that writ**

> [Left panel:]
> Entered in my office
> 14th March 1827
>     John Sims Shff
>
> I have by Wm. Williams my Lawful Deputy personally served John W. Blackmon & Joseph Haile each with a subpoena & left one at the house of E. Blackmon 23 March & left a subpoena at the house of J. J. Blackmon 28 March 1827
> 62 miles
>     John Sims Shff
>
> [Center panel:]
> 145
> Lancaster
> Lydia Blackmon
>    v } Sub Writ
> William Ellis
>
> McWillie & Howard Plffs Attys
>
> Witnesses
> John J. Blackmon
> Solomon Williams Jr.
> John W. Blackmon
> Elijah Blackmon
> Joseph Hale +
>
> Spring T. 1827

**Img. 64 - Subpoena writ, Fall Term 1827 (printed form: "Subpoena - Camden Press")**

> State of South-Carolina, ***Lancaster*** DISTRICT.
>
> TO ***William Horton, Glass Caston, Joel Blackman, James Blackman Senior, Samuel Caston***
>
> [Printed text as in Img. 35] ... on the ***first*** Monday after the fourth [in] Monday in ***October instant*** [struck: next] ... between ***Lydia Blackman*** Plaintiff, and ***William Ellis*** Defendant, on the part and behalf of the ***Plaintiff*** ...
>
> WITNESS ***John McKenzie*** Esquire, Clerk of the Court of Common Pleas, for ***Lancaster*** District, the ***ninth*** day of ***October*** in the year of our Lord one thousand eight hundred and twenty-***seven*** and in the ***fifty second*** year ...
>
>     ***McWillie & Howard*** Plaintiff's Attorneys
>
> [Left margin:] Jno. McKenzie Clk

**Img. 63 - Back of that writ**

> [Left panel:]
> Entered in my office
> 10 Octr 1827
>     John Sims Shff
>
> I have by Wm. Williams my Lawful Deputy personally served William Horton Senr & Glass Caston [Senr?] each with a subpoena [illegible] and also personally served James Blackman Senr & left a subpoena at Saml Caston 23 Octr 1827
> 12 miles [?]
>     John Sims Shff
>
> [Center panel:]
> 118
> Lancaster
> Lydia Blackman
>    v } Sub Writ
> William Ellis
>
> McWillie & Howard Plff Atty
>
> Witnesses
> William Horton Senr
> Glass Caston +
> Joel Blackman +
> James Blackman Senr +
> Samuel Caston +
>
> F. Term 1827

**Img. 71 - Subpoena writ, Fall Term 1827 (printed form: "Subpoena - Camden Press")**

> State of South-Carolina, ***Lancaster*** DISTRICT.
>
> TO ***John J. Blackman, Solomon Williams, John W. Blackman, Elijah Blackman, Joseph Hale***
>
> [Printed text as in Img. 35] ... on the ***first*** Monday after the fourth [in] Monday in ***October instant*** ... between ***Lydia Blackman*** Plaintiff, and ***William Ellis*** Defendant, on the part and behalf of the ***[struck: illegible] Plaintiff*** ...
>
> WITNESS ***John McKenzie*** Esquire, Clerk ... ***ninth*** day of ***October*** ... twenty-***seven*** and in the ***fifty second*** year ...
>
>     ***McWillie & Howard*** Plaintiff's Attorney
>
> [Left margin:] Jno. McKenzie C.C.P.

**Img. 72 - Back of that writ**

> [Left panel:]
> Entered in my office
> 9th Octr 1827
>     John Sims Shff
>
> I have given John W. Blackman a ticket of this writ 9th Octr 1827 - also by W. Williams I have left a subpoena at the house of Joseph Haile, & John J. Blackman & personally served E. Blackman with a subpoena 23rd Octr
> 61 miles [?]
>     John Sims Shff
>
> [Center panel:]
> 116
> Lancaster
> Lydia Blackman
>    v } Sub Writ
> William Ellis
>
> McWillie & Howard Pltff Atty
>
> Fall T. 1827
>
> Witnesses
> John J. Blackman x
> Solomon Williams Jr.
> John W. Blackman x
> Elijah Blackman x
> Joseph Hale x

**Img. 29 - Subpoena writ, Spring Term 1828 (printed form: "Subpoena - Camden Press")**

> State of South-Carolina, ***Lancaster*** DISTRICT.
>
> TO ***John J. Blackmon, Elijah Blackmon, William Horton, Joseph Hall, [struck: illegible], Levi Blackmon***
>
> [Printed text as in Img. 35] ... on the ***first*** Monday after the fourth Monday in ***March*** next ... between ***Lydia Blackmon*** Plaintiff, and ***William Ellis*** Defendant, on the part and behalf of the ***Plaintiff*** ...
>
> WITNESS ***John McKenzie*** Esquire, Clerk ... the ***twenty ninth*** day of ***Feby*** in the year of our Lord one thousand eight hundred and twenty ***eight*** and in the ***fifty second*** year ...
>
>     ***McWillie & Howard*** Plaintiff's Attorneys

**Img. 28 - Back of that writ**

> [Left panel:]
> Entered in my office 13 March 1828 [?]
>     [illegible] Shff
>
> Served by [illegible] my Deputy ... personally ... Blackman ... Levi Blackmon each with a subpoena & left one at the house of Elijah Blackmon also left a ticket with Wm. Blackmon for Wm. Horton 25 & 26th March 1828
>     [illegible] Shff
> 60 [cents]
>
> [Center panel:]
> 237
> Lancaster
> Lydia Blackman
>    v } Sub
> William Ellis
>
> McWillie & Howard Pltffs Atty
>
> Witnesses
> x John J. Blackmon
> Elijah Blackmon
> William Horton
> x Joseph Hall
> x Levi Blackmon
> Solomon Williams [?]
> [illegible] [?]
>
> 1828

*[The sheriff's return on this back is faint; only part of it can be read.]*

**Img. 65 - Subpoena writ, Spring Term 1828 (printed form: "Subpoena - Camden Press")**

> State of South-Carolina, ***Lancaster*** DISTRICT.
>
> TO ***Samuel Caston, Asa [?] M. Caston, Glass Caston Senr, Joel Blackmon Senr, James Blackmon Senr***
>
> [Printed text as in Img. 35] ... on the ***first*** Monday after the fourth Monday in ***March*** next ... between ***Lydia Blackmon*** Plaintiff, and ***William Ellis*** Defendant, on the part and behalf of the ***Plaintiff*** ...
>
> WITNESS ***John McKenzie*** Esquire, Clerk ... the ***twenty ninth*** day of ***February*** in the year of our Lord one thousand eight hundred and twenty-***eight*** and in the ***fifty second*** year ...
>
>     ***McWillie & Howard*** Plaintiff's Attorneys
>
> [Left margin:] Jno. McKenzie Clk

**Img. 66 - Back of that writ**

> [Left panel:]
> Entered in my office
> 15 March 1828
>     John Sims Shff
>
> I have by Wm. Williams my Lawful Deputy personally served Saml Caston, Glass Caston, Joel Blackman, and James Blackman each with a subpoena [?] [and] left one at the house of [Asa?] M. Caston 25 March [&] also left a subpoena at the house of Saml Caston 25 March 1828
> 18 miles
>     John Sims Shff
>
> [Center panel:]
> 238
> Lancaster
> Lydia Blackman
>    v } Sub Writ
> William Ellis
>
> McWillie & Howard Plffs Atty
>
> Jacob Funderburk
> Joseph Baker
> Witnesses
> George Sims
> x Samuel Caston
> x Asa [?] M. Caston
> x Glass Caston Senr
> x Joel Blackmon Senr
> x James Blackmon Senr
>
> Spring T. 1828

---

**Subpoena tickets**

*[Each printed ticket ("State of South-Carolina. To ... By virtue of a Writ of Subpoena to you directed ...") names one witness, the court date, the parties (always Lydia Blackman/Blackmon, Plaintiff, and William Ellis, Defendant) and the side calling the witness (always the plaintiff). Only the handwritten details are given here.]*

| Img. | Witness | Court named | Dated | Signed |
|---|---|---|---|---|
| 2 | Micajah [?] Caston | Lancaster C.H., 1st Monday after 4th Monday in March next | 27 Feb. 1826 | McWillie & Howard |
| 2 | Joel Blackman Senr | same | 29 [?] Feb. 1826 | McWillie & Howard |
| 24 | William Horton | Lancaster C.H., 1st Monday after 4th Monday in October next | 18 Sept 1826 | Carter & Blair |
| 24 | James Blackman Senr | same | 18 Sept 1826 | Carter & Blair |
| 26 | Elijah Blackman | same | 18 Sept 1826 | Carter & Blair |
| 26 | William Eldridge [?] | same | 18 Sept 1826 | Carter & Blair |
| 12 | Glass Caston Senr | same | 18 [?] Sept 1826 | Carter & Blair |
| 41 | Glass Caston | Lancaster C.H., 1st Monday after 4th Monday in March next | 28 Feby 1827 | McWillie & Howard |
| 49 | John J. Blackmon | same | 28 Feby 1827 | McWillie & Howard |
| 49 | Elijah Blackmon | same ("S.T. 1827") | 28 March [sic] 1827 | McWillie & Howard |
| 51 | John W. Blackmon | same | 20 Feby 1827 | McWillie & Howard |
| 51 | Joseph Hale | same | 20 Feby 1827 | McWillie & Howard |
| 57 | James Blackman Senr | Lancaster C.H., 1st Monday after 4th Monday in October instant | 9 October 1827 | McWillie & Howard |
| 57 | Glass Caston | same | 9 October 1827 | McWillie & Howard |
| 59 | Samuel Caston | same | 9 October 1827 | McWillie & Howard |
| 59 | William Horton Senr | same | 9 October 1827 | McWillie & Howard |
| 61 | Joel Blackman | same | 9 October 1827 | McWillie & Howard |
| 67 | Elijah Blackman | same | 9 October 1827 | McWillie & Howard |
| 67 | John W. Blackmon | same | 9 October 1827 | McWillie & Howard |
| 69 | Joseph Hale | same | 9 October 1827 | McWillie & Howard |
| 69 | John J. Blackman | same ("4 Days attendance" written at top) | 9 October 1827 | McWillie & Howard |
| 14 | Abraham Deason | Lancaster C.H., 1st Monday after 4th Monday in October instant | 27 [?] October 1827 | McWillie & Howard |
| 16 | Benjamin Brown | same | 27 October 1827 | McWillie & Howard |
| 18 | Levi Blackman | same | 27 October 1827 | McWillie & Howard |
| 73 | Glass Caston Senr | Lancaster C.H., 1st Monday after 4th Monday in March next | 29 Feb. 182[8] | McWillie & Howard |
| 19 | Jacob Funderburk | same | [1?] Feby 1828 | McWillie & Howard |
| 19 | Benjamin Brown | same | 29 Feby 1828 | McWillie & Howard |
| 21 | George Lines [?] | same | 29 Feby 1828 | McWillie & Howard |
| 21 | Joseph Baker | same | 29 Feby 1828 | McWillie & Howard |
| 30 | Levi Blackmon | same | 29 Feb 1828 | McWillie & Howard |
| 30 | Elijah Blackmon | same | 29 Feb 1828 | McWillie & Howard |
| 32 | William Horton | same | 29 Feb 1828 | McWillie & Howard |
| 32 | John J. Blackmon | same | 29 Feb 1828 | McWillie & Howard |

*[The year on Img. 73 is printed "182" with the last figure written as "5"; the ticket's other details match the 1828 tickets. Img. 10 is a wrapper marked "Tickets / 12 [?] before / filing Declar[ation]"; Img. 23 is a wrapper marked "Tickets / $21 - / no Duty [?]".]*

**Witness affidavits of attendance (backs of the tickets)**

| Img. | Witness | Days | Sworn | Before |
|---|---|---|---|---|
| 3 | William Horton Senior | three | 5 April [?] 1826 [?] | A. Howard J.Q. |
| 3 | Joel Blackman | twelve [?] | 5 April 1827 [?] | [illegible] J.Q. |
| 11 | Glass Caston Senr | 1 [?] | 7 April 1826 [?] | - |
| 50 | John J. Blackmon | four | 7 April 1828 | Jno. McKenzie Clk |
| 50 | Elijah Blackmon | five | 3 April 1828 | Jno. McKenzie Clk |
| 52 | Joseph Hale ("Served on the within ticket three days") | three | 31 Mar 1828 [?] | Jno. McKenzie Clk |
| 52 | John W. Blackmon | five | 9 May 1828 [?] | A. Howard J.Q. |
| 42, 58, 74 | Glass Caston (Senr) | four | 7 April 1828 | (signed Glass Caston) |
| 58 | James Blackmon Senr | four | 2 March [?] 1829 | A. Howard J.Q. |
| 60 | Samuel Caston | fourteen | 4 April 1828 | James Johnston J.P. [?] |
| 60 | William Horton (Senr) | four | 5 May 1828 | A. Howard J.Q. |
| 62 | Joel Blackman Senr ("has not received any compensation for the same") | four [?] | 7 [?] February 1828 [?] | A. Howard J.Q. [?] |
| 68 | John W. Blackmon | four | 9 May 1828 [?] | A. Howard J.Q. |
| 68 | Elijah Blackmon | four | 3 April 1828 | Jno. McKenzie Clk |
| 70 | John J. Blackman | four | 7 April 1828 | - |
| 70 | Joseph Hale ("Served on the within ticket five days") | five | 31 Mar 1828 | Jno. McKenzie Clk |
| 13 | Abraham Deason | twelve [?] | Feby 6th 1828 | A. Howard J.Q. |
| 15 | Benjamin Brown | four | 2 Nov 1827 [?] | [illegible] J.P. [?] |
| 20 | Benjamin Brown | four | Feby 2[?] 1828 [?] | A. Howard J.Q. |
| 17 | Levi Blackmon | four | 7 April 1828 | Wm. McKenna [?] J.Q. |
| 31 | Levi Blackmon | three | 4 April 1828 | Wm. McKenna C.C. |
| 31 | Elijah Blackmon | six [?] | 3 April 1828 | Wm. McKenna C.C. |
| 20 | Jacob Funderburk | four | 7 April 1828 | Wm. McKenna J.Q. |
| 22 | George Lines [?] | one [?] | 3 April 1828 | Wm. McKenna C.C. |
| 22 | Joseph Baker | one | 3d April 1828 | Wm. McKenna C.C. |
| 25 | William Horton | two | 5th [?] 1828 [?] | A. Howard J.Q. |
| 25 | James (his X mark) Blackmon | two | 4th February 1829 | John Buckland [?] J.Q. |
| 27 | Wm. Eldridge [?] | one | 3d April 1828 | Wm. McKenna C.C. |
| 27 | Elijah Blackmon | six | 3d April 1828 | Wm. McKenna C.C. |
| 33 | John J. Blackmon ("4 Days / 1 Day for ticket lost") | four | 7 April 1828 | - |
| 33 | William Horton | four | May 5th 1828 | A. Howard J.Q. |

*[Several affidavits were written by the same hand as the attorney Amasa Howard's endorsements. Some "J.Q." titles and dates are faint.]*

**Img. 9 - Affidavit of John W. Blackmon about a lost ticket**

> Lydia Blackman
>    vs } South Carolina Lancaster District
> William Ellis
>
> Personally came John W. Blackmon and on oath saith that he attended as a witness on the part of the Plaintiff [four?] days in the above case at the Spring term 1826 and that the Plaintiff at the said term [lost?] his ticket or mislaid it so that he cannot find it.
> Sworn before me March 10th [?] 1829
> A. Howard J.Q.          J. W. Blackmon [?]

*[This affidavit is faint and several words are uncertain.]*

---

**Img. 56 - Judgment (printed form: postea on issue tried)**

> THEREFORE it is commanded that the Sheriff of ***Lancaster*** District, do summon ***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 of Common Pleas, to be holden at ***Lancaster Court-House on the first Monday after the fourth Monday*** of ***March*** next, by whom and so forth, and who neither and so forth; to recognize and so forth; because as well and so forth; and the same day is given to the parties aforesaid, at the place aforesaid.
>
> And afterwards, that is to say, on the day, and at the place aforesaid, before the Justices aforesaid, come as well the said ***Lydia Blackmon*** by ***her*** attorney aforesaid, as the said ***William Ellis*** by ***his*** attorney aforesaid, and the Jurors aforesaid, being demanded, some of them, to-wit: ***James [illegible] Moffey [?]***
>
> 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 oaths say, that ***said William Ellis did maliciously procure the said Lydia to be [struck: prosecuted for trading with the negro] arrested and prosecuted for unlawfully trading with a Negro slave called Sam*** as the said ***Lydia*** in declaration ***has*** alledged against ***him*** and they assess the damages of the said ***Lydia*** by reason of ***the arrest & prosecution*** over and above ***her*** cost and charges, by ***her*** about ***her*** suit in this behalf expended to ***four hundred dollars***
>
> THEREFORE it is considered, that the said ***Lydia*** do recover against the said ***William her*** damages so found by the Jurors aforesaid; and also [blank] for ***her*** costs and charges aforesaid, to the said ***Lydia*** by the said Court, now herewith assent adjudged, and be the said ***William*** in mercy and so forth.

*[The foreman's name is hard to read; the docket cover (Img. 4) gives the foreman as "Samuel Massey [?]".]*

**Img. 55 - Back of the judgment (costs and payments)**

> Lancaster
> Lydia Blackmon
>    v } Judgt in Case
> Wm. Ellis
>
> McWillie & Howard
> Pltffs Atty
>
> Verdict - $400 -
> Int on the same from [illegible] } 26.15
>
> Atty Cost - $47.47
> Clks - 13.50
> Shff - 27.25 } 88.22
>          $514.37
> Witnesses - $135 -
>          $649.37
> Recd by Howard 17 March - $500 -
>          $149.37
> Recd by Adams 21 March 1829 - $149.37

---

**Img. 43 - Writ of fieri facias (printed form: "Fi. Fa. in Case - Camden Press")**

> State of South-Carolina.
> To all and singular the Sheriffs of the said State, GREETING:
>
> WE command you that of the Goods and Chattels, Houses, Lands, and other Hereditaments and Real Estates of ***William Ellis*** without delay you cause to be levied, the sum of [blank] which ***Lydia Blackmon*** in the Court of Common Pleas, before the Judges of the said State, at ***Lancaster*** Court-house, lately recovered against the said ***William*** for the damages sustained by the said ***Lydia*** as well by reason of ***a malicious arrest and prosecution procured by the said William*** as for ***her*** costs and charges by ***her*** expended in and about prosecuting ***her*** suit in that behalf, whereof the said ***William 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 four[th] Monday in ***March*** next, to render to the said ***Lydia her*** damages, costs and charges aforesaid. AND have you there this Writ, before the Clerk of the said Court, [struck: fifteen days next before the sitting of the said Court] ***according to law***.
>
> WITNESS ***John McKenzie*** Esquire, Clerk of the Court of Common Pleas, for ***Lancaster*** District, the ***twentieth*** day of ***January*** in the year of our Lord one thousand eight hundred and twenty-***eight [?]*** and in the ***fifty third*** year of the Sovereignty and Independence of the United States of America.
>
>     ***McWillie & Howard*** Plaintiff's Attorneys

*[The year is written over the printed "twenty-"; "fifty third" fits 1829 rather than 1828.]*

**Img. 44 - Back of the fi. fa., with a note from the defendant's attorney**

> 135
> Lancaster
> Lydia Blackmon
>    v } fi fa in Case
> William Ellis
>
> McWillie & Howard Pltffs Atty
>
> Verdict - $400 -
> Int on the same from 17 [?] March 1829 [?] } 26.15 [?]
>          $426.15
> Atty - 47.47
> Clk - 13.50
> Shff - 27.25
> Witn - 135.00
>          [illegible]
>          649.37
> Recd 17 [?] March - 500
>          149.37
>
> [Written below:]
> Lydia Blackmon
>    v } Wm. Ellis
>
> To Mr. Jno. Adams
> As the Defendant objects to the taxation of witness costs in the above case made by McKenzie Clk you will please retain in your hands fifty dollars to abide a retaxation to be made by order of the next Court, for which Deft will then apply.
>     Clinton atty for Ellis

**Img. 45 (upper) - Statement of the balance**

> Lydia Blackmon
>    v } fi fa in Case
> William Ellis
>
> Ballance due in the above case exclusive of cost on fi. fa. is one hundred and forty nine dollars [struck: illegible] thirty seven cents. March 17th 1829
>     A. Howard

**Img. 46 (lower) - Receipt of John McKenzie**

> Mr. William Ellis has left in my hands One hundred & forty nine Dollars and 37 1/2 cents being the Amt within stated to be the balance of the debt in the Case of Lydia Blackmon vs Wm. Ellis - this 17th March 1829
>     Jno. McKenzie

**Img. 47 - Account and letter**

> [Left, account:]
> Wm. Ellis to Lydia Blackmon
> Ver[dict] - 400.00
> Int. - [struck: 26.15]
> Atty fees - 47.47
> Clk do - 13.50
> Shff do - 27.25
> Witt - 125.00
>          613.22
> Int - 10
>          623.22
>          26.15
>          649.37
> Paid - 300.00
>          349.37
>          [further figures, partly illegible]
>          149.87 [sic]
>
> [Right, letter:]
> Lancaster District June 1st 1829
> Dear Sir,
> If convenient you'l please to give Mr. Baskin the money which is in your hands belonging to me. In so doing you will confer an obligation on your friend
>     William Horton
> To Mr. A. Howard Esqr.

**Img. 48 - Receipt of William Baskin**

> Recd of A. Howard eleven dollars in full of fees as witness in the Case of Lydia Blackmon v. Wm. Ellis. Nov 29 [?] 1829
>     Wm. Baskin

---

**Imgs. 36-39 - Clerk's report on the retaxation of witness costs, 2 June 1829**

> Lydia Blackman
>    vs } fi fa in Case
> William Ellis
>
> On application of Defendant for a retaxation of Witnesses cost in above case as taxed by John McKenzie Esquire late Clerk - I have caused the parties to appear before me, and proceeded to the consideration of Defendants objections - to wit
>
> 1st He objects to taxing full Costs for a witness, where there was no Sub. writ.
>
> 2nd That a Witness is only entitled to fifty cents per diem when there is more than 4 witnesses in one S. writ.
>
> 3rd That the witnesses that attended before the filing the Decl. should not be allowed any thing.
>
> 4th That John Blackman & Elijah Blackman, witnesses, who were not sworn, are not entitled to have their attendance taxed - first because they were interested in the event, and therefore could not give evidence - and secondly because they were Constables attending on the Court, and therefore not entitled to any thing.
>
> I conceive this objection clearly illustrated in the case of Clendon[en?] & Dvallan [?] St. Rep. page 454. the first objection is therefore sustained.
>
> I cannot find any authority in support of the second exception - it is the usual practice to embrace from one to six witnesses in One Sub Writ, and really it is to the benefit of the Defendant it should be done, as he is put to less cost by doing so. - I therefore overrule this exception -
>
> The third objection cannot admit of any doubt, this exception is therefore sustained -
>
> The fourth & last exception requires evidence in support of its charge - and the Defendant produced the following to establish the interest which Elijah Blackman had in the suit -
>
> Mr. Benjamin Shyne [?] sworn says that Elijah Blackman told him, since the case has been determined, that there was an agreement between himself & Lydia Blackman - that he was to pay half the cost, in the event she failed to recover, - and if she recovered any thing he (Blackman) was to share a part - On being cross examined he says E. Blackman told him, he was to pay 1/2 Counsels fees should she fail to gain the suit - & if she recovered he (Blackman) was to have 1/2 -
>
> A. Howard atty for Lydia Blackman was sworn on the part of defendant & says that in his office since the result of this suit Mr. E. Blackman charged Lydia Blackman the pl[ain]t[i]ff with having used him wrong in not sharing the amount recovered with him alledging that there was an agreement between them to that effect which he (Blackman) said he could prove, and threatened to sue her if she did not comply - Lydia Blackman denied having entered into any such agreement - but agreed to give Blackman seven or fourteen Dollars - No counter testimony was offered - and the evidence against Elijah Blackman closed here -
>
> according to the testimony here adduced I cannot resist coming to the conclusion Elijah Blackman was interested in the event of the suit - if there was no positive agreement, he, at least, was under the impression (if we are to believe the testimony) that he was to share a part of the recovery - and in fact, Mr. Howard proves she did agree to give him seven or fourteen Dollars - The fact of him being engaged as Constable during Court is conceded - I therefore am of opinion, that his cost as a witness [struck: should] is inadmissible & should not be taxed - not only on the ground of incompetency as a witness, but also on the ground of him being engaged in attendance on the Court as a Constable.
>
> Testimony to verify the charges against John Blackman [struck: illegible] was also produced -
>
> Cap. Saml. Caston sworn says John W. Blackman requested him in the presence of Pl[ain]t[i]ff to draw Articles of an agreement into which they had entered - Mr. Caston said he had not time to do so, but requested of them to know what the agreement was - Mr. John Blackman in the presence of his sister Lydia Blackman the Plff, said they were about to commence a suit against Mr. Ellis & they had agreed that he (Blackman) should pay 1/2 the Cost should she [struck: illegible] fail to recover, and was to share a part should she recover any thing - This witness was examined by affidavit -
>
> Mr. James Reeves sworn says that John Blackman a short time since (since the issue of the suit) told him that his sister Lydia Blackman the Plff had used him wrong in refusing to share the amount recovered with him, and said there was an agreement between them to that effect which he could prove.
>
> According to the foregoing evidence I cannot doubt but what John Blackman conceived himself interested in the event of the suit, and I must therefore believe him incompetent as a witness - The fact of him being engaged in attendance on Court is also conceded - I am therefore of opinion the taxation of his cost as a Witness in a case in which it is evident he felt and had an interest, is inadmissible independent of the ground of him being engaged as Constable, which ground alone, I conceive sufficient to exclude him from the taxation of cost as witness -
>
> The fourth & last exception is therefore sustained - and I have proceeded to tax, accordingly.
>
>     Jn. O. Adams [?] Clerk
>     2nd June 1829
>
> | Witnesses Names | 5 days S.T. 1827 | 5 days F.T. 1827 | 4 days S.T. 1828 | |
> |---|---|---|---|---|
> | Joseph Haile | 3 | 5 | - | $8 |
> | J. J. Blackman | 4 | 4 | 4 | $12 |
> | Wm. Horton | 3 | 4 | 4 | $11 |
> | Joel Blackman | 5 | 4 | 4 | $13 |
> | G. G. Caston | 4 | 4 | 4 | $12 |
> | James Blackman Jr. | - | 4 | - | $4 |
> | Saml Caston | - | 5 | - | $5 |
> | A. M. Caston | - | 4 | - | $4 |
> | Levi Blackman | - | 2 | 3 | $5 (no writ) |
> | Ben. Brown | - | 2 | 2 | $4 (no S. writ) |
> | Joseph Baker | - | - | 50 | .50 (no S. writ) |
> | George Sims | - | - | 50 | .50 (no S. writ) |
> | Abram Deason | - | 1 | - | $1.00 (no S. writ) |
> | Jacob Funderburk | - | - | 2 | $2.00 (no S. writ) |
> | | | | | $82 |

*[The clerk's signature is uncertain. The "John Blackman" of the report is John W. Blackman, called Lydia's brother; "J. J. Blackman," whose costs were allowed, is a different witness. The figures in the table are given as written.]*

**Img. 40 - Docket of the retaxation**

> Lydia Blackman
>    v } Retaxation
> Wm. Ellis