Louis Joseph Francis Richard vs William Dell
Province of East Florida /District of St. Johns / 1810
From University of Florida Smathers Library / The East Florida Papers / Papers relating to the Royal Exchequer 1793-1821
Below are the records of a lawsuit brought by LJF Richard against a man who allegedly beat his slave, Dominic. Here is my summary of the several pages of LFJ's testimony:
LJF had given permission for a couple of his slaves to visit another plantation. Along the way, William Dell stopped them, questioned them, and proceeded to beat them. Richard's slave, Dominic, was beaten the most. He suffered a swollen arm and couldn't work for more than three weeks. LJF asks to be compensated for the slave's lost work.
(To) Mr. Richard, at his plantation
Mr. Richard
Sir on Sunday evening I took the Liberty of flogging one of your negroes for his insolence. I am informed that you intend to put me to some trouble if you can. You must consider that you have just got the negroes late, which you must suppose that he made it as bad as he could - I am sorry that the negroe has lost time as he says on the account of it - which I know is not the cause, I am yours
William Dell
PS
Sir you must consider your situation If you put me to a little trouble perhaps I may put you to more than you are aprised of.
W.. Dell
Below are the complete testimonies of the individuals involved
No. 1
Personally came and appeared before me, Willm Craig Commissioned Judge for the District aforesaid, Negro Domnick belonging to Frans. Richard --- of the province & place aforesaid, and made complant --- that on the afternoon of the thirteenth day of July last past, being about to cross the creek known by the name of Potsburg- on his return to his said owner, he was then & there vailently assaulted & beaten by a William Dell living on the bank of the said Creek who repeatedly struck and otherwise abused him the said Domnick to the great danger of his life - Complainant--? further said that after being thus beaten having got into a canoe in order to cross the Creek aforesaid the said Dell pursued after him cursing & threatening again to beat him, when finding the canoe in which the said Dell was nearly alongside he? the said Dominick at the imminent hazard of his life ------- into the Creek where by swimming & repeatedly diving under water (the said Dell still pursuing after) he evaded his fury - Complainant further said that when --- spent with fatigue he was taken up into a canoe by Negro Lycangar? who carried him on shore - the said Dominick therefore prays that the said Dell be taken into custody & dealt with as Justice may assertain. (appertain?)
Sworn to before me this 22nd? January 1810
WCraig
No. 2
Before me William Craig Commissioned Judge for the District of St. Johns ? personally appeared Negro Lycurgus belonging to the Estate of the late Doctor ? Travers who being duly sworn ? that on a Sunday sometime as he believes in the month of July last being at Potsburgh Creek where William Dell now resides Negro Dominick with his wife & three children came there on their way home, that de? agreed to ferry them across the creek, when said Dell came & asked the said Dominick whether he had a pass from his master, Dominick answered that he had not to that Mr. Lawrence who formerly lived there never asked him for a pass, on which the said Dell cursed the said Dominick & struck him repeatedly with a stick which he held in his hand & pushed him into the Creek - Deponant? then took the said Dominick & his family into his canoe & when setting off to cross the said Creek was called to by said Dell & ordered to return, being a short distance from shore said Dell got into another canoe & pursued after ? caring that he would again beat the said Dominick for his insolence - On hearing of which the Negro Dominick observed to deponant that if the said Dell struck him in the boat it would upset with his wife & children and immediately jumped overboard and swam off. the said Dell still pursued after when as the canoe approached the Negro Dominick dived under water & by continuing to repeat the same evaded? his attacks - After some time said Dell returned back when Deponent finding the Negro Dominick almost drowning again took him into his canoe & conveyed him & his family to the other side of the creek, Deponent further stated that the said Dominick gave no insolence to said Dell nor? otherwise? was quietly to his knowledge of improper conduct also that he examined his shoe? was after landing & ? them ? neck bruised with the stick which said Dell used in beating him - Further Deponent saith not
Present Thomas? Hale /Henry Sweeny?
Sworn before me and in presence of these witnesses this 29th January 1810
No. 3
Personally came & appeared before me Wm Craig -Commissioned Judge for this District of St. Johns ? Daniel Sweeny who being duly sworn Deposeth? & ? that on a Sundy sometime in the month of July last past being at his fathers place on Potsburgh William Dell came there in the afternoon, that whilst he & the said Dell were eating some melons Negro Dominick with his family came past on their way home, that said Dell asked the Negro to eat some melon and after spitting in a place offered to the said Dominick who took it & returned him thanks for it, Deponent further saith that the Negro went away shortly after, said Dell also went home accompanied by Deponent, on their arrival there the Negro & his family were preparing to cross the creek on seeing of which said Dell enquired of him who was going to ferry them over, not receiving an immediate answer he repeated the question twice and was then answered by the Negro Dominick Lycangus meaning a Negro of that name then present - said Dell then went & cut a branch of a Peach tree & turning the thick end struck the Negro about a dozen strokes swearing he would learn him to speak to a white man - Deponent farther? saith that a short time after he answered the aforesaid Lycungus set off with Dominick & his family in a canoe in order as he ? to cross the creek and also heard the said Dell order him to return threatening to flog him if he disobeyed at the same time jumping into a canoe which at that moment came to ? he pursued after the boat in which the Negro & his family were - on seeing of which the said Dominick jumped overboard & swam for the other side the said Dell still pursuing standing? with a stick in his hand about one inch or thereabouts in diameter & ordering him to stop, Deponent farther? saith that as the canoe in which the said Dell was approaching the Negro he saw him dive or sink under water to emerge again some distance from the canoe this he continued to repeat untill about ? across the creek, said Dell then returned on shore saying to Deponent that if he had caught him (meaning the Negro) he would have learned him to behave himself or words to that effect, Deponent farther saith that he did not hear the said Dominick use any insolent or un?proper language to said Dell only telling him not to stroke? him when a beating with the stick as that? he the deponent did not hear what was said by the Negroes in the boat to? distantly as to know its meaning - Further the deponent saith not -
his X mark Dan Sweeny
Present D S. ? / Henry Sweeny Sworn to and subscribed before me & in presence of these witnesses this 19th February 1810
WCraig
No.4
Negro Jesse? belonging to the estate of the late Fran? Bagley being examined on oath saith that as he was returning home on a Sunday afternoon sometime in the latter part of last summer he saw William Dell beating a Negro fellow named Dominick belonging to Mr Francis Richard ?, that the said Dell strea? him ?lessly to thirty times with something he had in his hand but from the distance could not distinguish what it was, that as he the Deponent came within about forty yards of the shore the said negro with his family were setting off in a canoe, to cross over the creek but were ordered by the said Dell to return at the same time ordering Deponent to ? ashore the said Dell waded into the water to the ? & jumping into his canoe ordered him to paddle after the said Dominick who when nearly overtaken plunged into the creek and as the canoe came near him dived under water as he rose to the surface and knowing? the canoe still app? he again repeated the same for perhaps six or more times the said Dell following after cursing and ordering him to stop - Deponent farther saith that he observed to the said Dell he had better not pursue after the Negro any longer for fear of reasoning his being drowned, to which Dell replied that if he was in the United States (meaning the United States of America) he ? not care if he ? drown, Deponent farther saith that said Dell pursued after the Negro fully half across the creek and then returned on shore ?ing that if he had caught him he would have learned him to speak to a white man - Farther Desponent saith not
Present D S? Henry Sweeny? Sworn to before me & in presence of these witnesses this 19th February 1810
WCraig
No. 5
Personally appeared before me William Craig Commissioned Judge for this ? District Captain Andrew Atkinson who being duly sworn deposeth & saith that ? about the 6th of August last Mr. Francis Richard ? came to his house & requested him to look at & ? a Negro fellow of his named Dominick who was then present & who the said Richard informed Deponent had been beaten & otherwise abused by a William Dell at Potsburgh Creek on the 30th of the p? month July, Deponent farther saith that he examined the said Negro & that his shoulder and arm were considerably swollen out & bruised insomuch as to render him the Dominick (in the opinion of deponent) unable to perform his daily labour - Further deponent saith not -
Andw. Atkinson (signed)
Present
Danl. Hogans Sworn to & subscribed before me & Reuban Hogans in presence of these witnesses this 12th February 1810
WCraig (signed)
No. 6
Personally came & appeared before me Daniel Jones Barton who being sworn saith that in the beginning of the month of August last past being at the house of Mr. Francis Richard saw he? the said Barton saw & examined the said Richards Negro fellow Dominick who he was informed had been beaten on the Sunday before by William
Dell at Potsburgh Creek, that one of the shoulders of the said Negro appeared larger & more swollen than the other, that he complained that in consequence of the beating given him by the said Dell he the Negro was ? incapable of using his arm or performing his daily labour - Farther Deponent saith not
Present D.J. Barton (signed) / Danl. Hogans /Reuben Hogans Sworn to & subscribed before me & in presence of these witnesses on this 12th day of February 1810
WCraig (signed)
No. 6
I hereby certify that sometime early in the month of August last I was requested by Mr. Francis Richard Senr. to examine his negro fellow Dominick who he informed me had been beaten & otherwise abused on the 30th of the preceding Month by a William Dell then living at Potsburgh Creek - that one of the shoulders of the Negro was considerablybruised & swollen in consequence of the ? usage recd. from said Dell - & that the fellow complained much of not being able to use his arm or perform his daily labour & which I have reason to believe was occasioned by the treatment before mentioned.
February 16th 1810
WCraig (signed)
No. 7
Personally came & appeared before me William Craig Commissioned Judge for the District of St. Johns River - William Dell who being sworn saith that the letter herewith annexed sent to Mr. Francis Richard sent? another? subject of flogging this Negro as also the postscrip as the other side with the signatures affixed? to both are in the same writing of Deponent
Present Wm. Dell (signed) D.S. ? Heller? Henry Sweeny Sworn to & subscribed before me & in presence of these witnesses this 19th of February 1810-
WCraig (signed)
No. 8
Before me WCraig Commissioned Judge for the District of St Johns Personally appeared Mr. Dan. S. Delany who being duly sworn saith that the letter herewith annexed sent to Frans. Richard Senr. Dated at McQueens Mills 12th August 1809 and also the signature affixed to the same are both in the handwriting of deponent - Farther Deponent saith not -
Dan. S. Delany (signed)
Present : Joseph Hayden Sworn & subscribed before me & in presence of the forgoing witnesses February 21st 1810 -
WCraig (signed)
(To) Mr. F. Richard junior
McQueens Ship yard
Dear Sir
I thank you for the gra? By ? you will receive Paper Powder? &? that - I should like very much to hear the ???? Augt? news but rather suppose this Evening will be ???
Since you went ? I have heard that I have joined ? a ? to government ? praying the removal of your father from the province. I mention this least he might not have heard that such a memorial is in circulation. For tho' he may know that I would not take part in anything of the kind yet such an attempt will probably be made. If Pickett? sends on the boat? with ?? ?? he has promised to do the whole? is for the Ship Yard ? He? shall have 3 or 4 allowances of ?? which we are now digging & planting the same? ground with Shipyard? Should the corn not come from Pickett the Mills will afford an half allowance. If he delays sending us? the ? on Monday I will send Lumpey? to him for which purpose to amble? him to start? early? ? I must by the loan of your canoe if at or near your landing - we are now in a situation not? to fear a want of possessions. The Coria??? at Lagleys? or some of it is turned down.
Your (humble/obedient) Servant
Danl. S? Delany
McQueen's Mill 11h Aug 1809
Province of East Florida
District of St. Johns River
I hereby certify that the forgoing Depositions No. 1 to 8 are correct copies of the originals now in my possession
April 30th 1810
WCraig (signed)
Commissioned Judge for the District aforesaid
Personally appeared before me Santiago Cashen?, Commissioned Judge of the District of Amelia & St. Mary's - Dr. Jorge Atkinson who being duly sworn made oath- That some months ago being then on? St. Johns , Mr. Francis Richard Senr. sent a Negro man named Dominique to his House - with a request that he would examine the body of said Negro, & take notice of the marks or bruises he received from William Dell who had flogged him the previous day. -The deponent directed the Negro to strip himself, which he did, the deponent examined, but could see no cut or bruise on his body. He complained much of his shoulder hurting him -
Geo: Atkinson (signed) Oath? at Amelia before me this 10th day of February 1810 / Santiago Cashen? (signed)
Personally appeared, William Hart who deposed That he was present when Mr. Richard's Negro came to the House of Geo. Atkinson - That he also examined the body of said Negro - saw no cut or bruise or other ? mark on him ----
Willm L.? Hart (signed) Sworn to and subscribed before me the 10th day of February 1810
Santiago Cashen (signed)
District St. Johns 8th May 1810
May it please your Excellency
I should have forwarded the enclosed Depositions much earlier but for the Inter?? of some friend to both parties who were in hopes of effecting an amicable adjustment but ? ?, this having ? I now hasten to say these before your Excellency as directed-
I have also to acknowledge the receipt of your Excell.s communication of the 17th ?? the contents of which have been duly published to the Inhabitants of the District - I have the honor to be with great ?? your Excellency's obedient & very humble Servant
WCraig (signed)
END OF LAWSUIT
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