GATAYLOR-L Archives

From: Crilley <>
Subject: [GATAYLOR-L] Ordinary Minutes continues
Date: Tue, 12 Jun 2001 13:54:58 -0500

pg 339
Saturday Feb 13, 1869

Septimus L. Brewer, Treasurer elect of Taylor County, and tenders James
Williamson,
Willburn Jinks, Lorenzo D. McMillan, and Fielding G. Rucker as Sureties on
his bond as Treasurer.

Bond, on the 24th day of April 1868, S.L. Brewer, duly elected County
Treasurer. If he faithfully performs his duty, the obligation will be void.
S.L. Brewer
F.G. Fucker
Willburn X Jinks
James Williamson
L.D. McMillan

pg 340
Oath administered to S.L. Brewer as County Treasurer. Rufus R. Bullock,
Governor.

Whereas it appears to the Court that the Bridge over White Water Creek isn
in a very unsound and unsafe condition, ordered that John A. Childs, James
Williamson, L.D. McMillen, Wm A.H. Royal and Lewis Hill be appointed
Commissioners for letting out said bridge for repairs.

pg 341
Thurs. Feb 18, 1869
Petition of Harriet Lucas (a Freedwoman) shows that her husband departed
life intest leaving behind a widow (your petitioner) and four minor
children and a small estate. Says minors too young to earn a living, and
the estate too small to require an administrator. Prays court to appoint 5
persons to assess 12 months support.

Court appoints commissioners for (widow of Phillip Lucas (col'd).

pg 342

Sat. 20th Feb 1869
Habeas corpus as to the bodies of Isaac and Catherine Montgomery (col'd)
returnable this day.

In answer to the above writ, appeared this day in Court, Rose Montgomery,
and Eloise Montgomery and produced the bodies of Isaac and Catherine
Montgomery all colored.
The Defendants were asked if they desired counsel, and having stated they
did, the court announced that time would be granted for that purpose.
Defendants, after making efforts, stated they were unable to obtain counsel.
Both parties being ready the Court proceeded to hear evidence.

Plaintiff (by his counsel V. Montgomery) introduced the minutes of July
term of court for the year 1866.
Defendants introduced themselves as witnesses and also John Montgomery and
Aaron Montgomery (all colored) who were duly sworn.


Rose Montgomery:
That she was the mother of Isaac and Catherine and that the father of said
minors was dead. Says she did not consent to their being bound in July 1866
as shown by the minutes of that term of this court, nor did she know
anything about it until about two weeks after the alleged binding out and
had no husband at the time of said binding out. No one besides Plaintiff
furnished her anything to eat while she lived with him-- had three small
children, none of them, got nothing to each only from Plaintiff. Since
said minors have been cound out to Plaintiff, he has given Isaac 2 suits of
clothes and one pair shoes. Catherine has had one suite, furnished the
remainder of clothes. Witness received nothing but rations while living
with Plaintiff made her own clothes. Mrs. Montgomery gave the cotton to
make the clothes.

Called back: Answers she did not sigin a petition (which was here exhibed
to this court to have her minor son, Bob bound out to Sebern Montgomery.

John Montgomery (col'd), states taht about two weeks after said binding
out, the Defendant Rose told wintesses that siad binding out was against
her consent. Knows nothing else.

Aaron Montgomery states that about two weeks after said binding out the
Defendant Rose told witnesses that it was done against her consents. Knows
nothing else.

Elvina Montgomery (col'd) states that about two weeks after said binding
out the Defendant Rose told witnesses that it was done against her
consents. Knows nothing else.

pg 243

Robert P. Hays states taht it is his recollection that he saw the defendant
Rose, sign the petition to have her son Bob bound out to Sebern Montgomery.

James T. Harmon says he remembers seeing Rose sign the above petition.
Distinctly remembers that Rose consented to have two of her children bound
out to Samuel Montgomery. Says he carried out to the best of his
understanding and ability the regulations and provisions of the Buereau in
regard to the binding out of these two minor children to Samuel Montgomery.
It was also understood at the time of the binding out of the two minors,
that their mother the said, Rose, should have the right to live with the
Plaintiff, as long as he kept said minors upon the same terms that she had
thertofore lived with him.

Sebern Montgomery states. Knows Rose and family , is confident that Rose
cannot support herself and family. Says Samuel Montgomery has no other
children bound to him other than Isaac and Catherine.

Samuel Montgomery states that he has no other children bound to him but
Isaac and Catherine. That the clothes furnished by Rose to her children wer
made in the day time. That he has never forced Rose to leave him and is
willing for her to come and live with him according to the original
understanding.

Samuel Montgomery
vs
Rose Montgomery (col'd)
Elvina Montgomery (col'd)

Habeas Corpus. Special term at Columbus, Feb 20, 1869
Issued to the bodies of Isaac and Catherine Montgomery, colored minor
children of Rose Montgomery detained by said Rose and Elvina Montgomery,
returnable to our Court of Ordinary this day.

On the return of the above stated Habeas corpus case and on the hearing
thereof it was made to appear to the Court that the said Isaac and
Catherine were unlawfully detained by the said Rose Montgomery and Elvina
Montgomery in this, that it appears from the evidence that the Agent of the
Freedman's Bureau had substantially met the provision and regulations of
siad Freedman's Bureau in the binding out of said minors as mentioned and
acted forth in an Act of Georgia Legislature approved Dec 8, 1865.

It is therefore adjudged by the Court that the detention of the bodies of
Rose Montgomery and Elvina Montgomery of the said minors Isaac and
Catherine was and is illegal and it is therefore ordered that teh said
freed minors be delivered to said Samuel Montgomery and Rose and Elvina are
directed to release and relinquish custody and control of the said Isaac
and Catherine to Samuel Montgomery.

pg 344
Arza Murray sheweth that he has filed a schedule of peronsal property as
Hmestead Exemption
2 mules medium size $125 each250.00
7 heads of cattle $7 each49.00
8 heads of cattle $3 each24
Household and kitchen furniture $100.00

80 # bacon$120.00
200 bushels corn$160.00
old buggy and wagon$50.00
Total $753.00

pg 346
There having been a mistake as to the time of letting out the Bridge at
Louis Hills' Mill on White Water Creek, the same having been let out
before the designated time; it is therefore that the commissioners
previously designated viz Louis Hill, L.G. McMillan, Wm A.H. Royal, John A.
Childs, and James M. Stewart will proceed to the place where the old Bridge
now stand on Sat. 6th of March, and then and there let out said Bridge to
the lowest bidder. They will also require Bond upon good Security for the
faithful performance of the Contract.

Virginia

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