1793: The slave Nell

Original from the Calendar of Virginia State Papers and Otner Manuscripts:

Champion Travis to the Governor

Sir:

Enclosed is a statement of the evidence which appeared against Daphne and Nell, two negroes convicted for the murder of Joel Garthright, which would have been sent sooner had the Attorney been in Town.

And am,
Your humble servant.


The evidence against Daphne and Nelly, two Slaves belonging to Col. Champion Travis, who were tried and convicted by the court of James City County in the month of June, for the murder of Joel Gathright, Col. Travis’s overseer, as well as my memory enables me to state it, was in substance follows:

It was proved in plain and positive terms by two negro boys, who were present and saw the greater part of the transaction, that Daphne and Nelly, the two criminals now under condemnation, were at work with ploughs on the day on which the overseer was killed, and the boys themselves leading the oxen to the ploughs.

Gathright, the overseer, came at his usual time to the field where these women were working, and blamed Nelly for suffering the fence to be left open, which had exposed the corn growing to be cropped by the sheep.

Nelly denied the charge and used some impertinent language, which provoked the overseer to strike her. This he did repeatedly with a small cane, till Nelly quitted her plough and ran; the overseer pursued and struck her on the ground after she had fallen.

Nelly recovered from her fall, and immediately engaged him. The woman Daphne, who was at a small distance off, as soon as she saw Nelly closely fighting with the overseer, ran to the place where they were engaged, and together they seized and threw him to the ground. They beat him on the ground with their fists and switches with great fury a considerable time.

The overseer made frequent efforts to raise himself up and get from them in vain, and demanded to know if they intended to kill him.

At length he ordered one of the boys, the witness, to go to a remote part of the field where the negro men were at work, and call one of them to his assistance; after some time, he sent the other boy.

The boys executed their orders, and soon returned to the place they had left; when they returned, the women, Daphne and Nelly, had fled, and an old negro man belonging to Col. Travis assisted to raise the overseer from the ground, who soon after expired.

It was proved by an old negro man, who kept a mill in the neighborhood of Col. Travis’s plantation, that these two women, Daphne and Nelly, in the afternoon of the same day on which they killed the overseer, passed the mill on their way to Williamsburg; and being asked by the old fellow where they were going, and what was the matter — seeing some disorder in their appearances, they replied that they had whipped their overseer, and were going to town to their master.

They were urged by the miller to go on, lest the overseer should overtake them; they observed that they had left him unable to move, and Daphne asked the old man if a woman could be hanged for killing a man.

Several white men who came to the place shortly after the scene was closed, and who were Jurors in the inquest held on his body, proved the violence committed on the body, and a fracture of the skull, which they imagined was made by a stone found a few feet from the head of the unfortunate man.

The Criminals, Daphne and Nelly, were tried separately, and the boys closely and rigidly examined; on each trial they delivered the same clear and unequivocal testimony. The criminals were undefended, but asked themselves many questions of the witnesses, which, as well as I remember, were answered strongly against them.

Ro. Sanders.
Attorney for James City County
July 26, 1793

Elsewhere in antebellum human chattelry: this from the Columbian Gazetteer, Oct. 28, 1793.

The full court record ensues in these same papers, demonstrating the same circumstances. Daphne was duly hanged on July 19, but “it being suggested to the court that the said Nelly is quick and big with child, it is commanded the Sheriff of this county that he cause execution of the above Judgement to be done on Friday the fourth day of October next. The Court also valued the said Nelly at fifty pounds Current money.”

(The timeline here implies that Nelly would have been about six to seven months pregnant when overseer Gathright began thrashing her for leaving the fence gate ajar.)

Nelly’s fate moved enough tender-hearted white neighbors to petition for her reprieve, a petition that was rebutted by a furious confutation with vastly more numerous signatories noting that “not a single circumstance appeared in alleviation of the horrid offence.” Can’t think of a one!

At any rate,

She has been delivered of her child some weeks, and now awaits the Execution of her sentence. We have heard with great emotion and concern that much Industry has been exerted to get signatures to a petition to your Excellency and the Hon’ble Board of Council to obtain a Pardon for the said negro woman, Nell; when we consider the alarming commotions which have lately existed among the negroes in this neighborhood, and the dangerous example of such a murder, we humbly conceive it necessary for the public peace that the course of the law should have its full effect in this instance.

And it did.

On this day..