Finley vs. Draper, VA, Court Records, 1813-1820

This woman was noted as a FREE PERSON OF COLOR. Thought it might be useful.    The assessed damages were: one cent.

Indian slave wins freedom, Wythe County, VA

A Wythe County, VA court frees an Indian woman and her descendants from slavery after a seven year Court case ending in 1820.  The following are extracts from several of these court records:

10 June 1813: Wythe County VA Order Book 1812-1815, page 55:
Granville Henderson, gentleman, is assigned counsel to prosecute suit on motion of Rachel (Finley) who is detained in slavery by John Draper, Senr. of this county.

10 Aug 1814: Wythe County VA Order book 1812-1815, page 231:
Rachel, a pauper & woman of colour, vs. John Draper Senr.
Trespass, assault & battery & false imprisonment.  On the motion of the plaintiff by her Counsel a Commission is awarded her to take the Deposition of George Redford, John Lungsden & Fanny Lungsden, of the County of Powhatan, etc.
This cause ordered continued to the November Court.

The conclusion was found in "Wythe County Virginia, A Bicentennial History", page 170:

In 1820 a case was decided in favor of several slaves belonging to John Draper, Sr.  They were Juda, Locky, Rhoda, Sam, Abram, Charlotte, and Locky.  The original charges were brought in Aug 1813 for trespass, assault, & battery, & false imprisonment.  They determined that Juda was a daughter of Rachael Finley, a woman of color who received her freedom in Powhatan County in 1820 on the grounds that she was descended from an Indian in her maternal line from an Indian brought into the country at a time when Indians could not be slaves.  Rachel was granted her freedom in 1770.
Since those who filed in Wythe County were descendants too, they were held to be free persons, not slaves.  John P. Nye, John P. Mathews, & Henry Honaker were witnesses for those bringing the suit.
The jury assessed damages at 1 cent.

Contributed by: NMorri3924@aol.com
By way of:  spice3@juno.com (Susan S. Buckley)