County court records are a gold mine of unexpected stories. In this case, Liberty County Superior Court minutes from 1826 reveal that two white men were charged, prosecuted and convicted for stealing a horse belonging to an enslaved man, Moses belonging to “Mr. Screven.” U.S. Southern Claim Commission testimonies tell us that enslaved people in Liberty County owned small amounts of property, and this is a further verification of that from an earlier period.
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The State
Vs.
William Lain Jun. & John M. Tillett } Indictment Horse Stealing
1st Witness William Lain. In August 1826, about the middle of the month, my son and Tillett came to see me, and staid from Tuesday to Saturday. They then went off, and I heard no more of them until they were put into Jefferson Jail. At no time did the prisoners confess to me that they had taken a horse. I went to Jefferson Jail where they were, and shamed them for being in such a place. They did not confess having stolen the horse – but I asked them where the creature was; they said they did not know, as the magistrate had her; asked them how they got the creature, and made no answer, but both said they were sorry for what they had done. I charged the prisoners with stealing the horse; they said they were truly sorry for what they had done; they did not say from where they had taken the horse. I know the horse taken, and that it belonged to a negro named Moses, who is a slave to Mr. Screven – value of the horse, in my belief, thirty or forty dollars. The horse belonged to Mr. Shannon before the negro owned her.
Cross examined by Mr. Kell. In their conversation, said they were taken up under the vagrant act.
Question by Mr. Sol. Genl. Was all their conversation about the vagrant act? No, they said nothing about it, but I understood they were taken up. Here the Court stopped the witness.
2d Witness John Dunwody Esquire. I, as one of the Justices, ?found? a warrant, but I did not see Lane, he having been bailed. Tillett in his sickness confessed, without threat or promise that he had taken the horse. I did not charge him in express words with horse stealing, but spoke of his offence generally, and he confessed that he was very sorry that he had committed the crime. He asked if I thought he would be convicted. I said yes, but the evidence against him was very strong. I spoke to him of the moral consequences of the crime; and he said, if he could get clear this time, he never would do the like again. I speak only of Tillett, not of Lane.
Cross examined by Mr. Allister. The crime charged against the prisoner when I spoke to him was horse stealing and he had a perfect apprehension of the nature of the crime, of which I was speaking to him, and his confession was made without threat or promise, and it was the confession of a guilty conscience.
3d Witness William Hughes. I know nothing about the offense. I did not bail the prisoner. I did not know to whom the horse belonged.
4th Witness Mr. Way, the deputy Sheriff of Liberty County. I went to Jefferson and took the prisoners from jail. On their way back, they confessed to me that they had taken the horse – that they did it in the night, and were sorry for it. They did this without fear, threat or promise, and Tillett said he had come to take the horse, because he had been persuaded to do so by Lane. I understood them to say they had come into Georgie from Florida to steal the horse.
James M. Wayne
Judge
The Court adjourned till tomorrow morning ten o’clock.
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[Begin Transcript]
The State
Vs.
William Lane & John M. Tillett } Indictment Horse Stealing
Verdict Guilty
It is considered & ordered by the Court, that the said William Lane be imprisoned in the Penitentiary of this State at hard labour for four years, and be thereafter discharged.
It is considered & ordered by the Court that the said John M. Tillett be imprisoned in the Penitentiary of this State, at hard labour for four years, and be thereafter discharged.
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Source: Superior Court minutes, 1784-1935, Liberty County, Georgia, page 45-6; database with images, “Liberty County Superior Court Minutes, 1824-1842,” part 2 of 3 in “Liberty County Superior Court Minutes 1822-1859,” FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLZ-FRJ8 : accessed 27 Jul 2022), Family History Library Film 008188882, image 74 of 539.
Source: Superior Court minutes, 1784-1935, Liberty County, Georgia, page 47; database with images, “Liberty County Superior Court Minutes, 1824-1842,” part 2 of 3 in “Liberty County Superior Court Minutes 1822-1859,” FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLZ-FGL4 : accessed 27 Jul 2022), Family History Library Film 008188882, image 75 of 539.