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Geo Bentley
vs }
Wm E Woodruff

Copy $4.38
Cert & issue .50
Tax .50
$5.38
attest
Jos Henderson clk

Filed 13 July 1830
W Field clk
supr court
Costs charged in fee book page 122

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Pulaski Circuit Court June Term 1830
Be it remembered that on the 22nd day of February AD 1830 George Bentley by his attorney filed in the office of the Clerk of the Circuit Court of the County of Pulaski his Declaration and affidavit in writing in the words and figures following (to wit)

Territory of Arkansas } To wit In the Circuit Court of the Term of June in the year 1830
Pulaski County }
George Bentley by Attorney complains of William E Woodruff of a plea that he render to said George Bentley certain goods and chattels of him the said Bentley of great value To wit of the value of seven hundred Dollars of lawfull money of the United States which he unjustly detains from him for that whereas the said George Bentley heretofore To wit on the first day of January in the year of 1830 at the County of Pulaski aforesaid was lawfully possessed of certain goods and chattels To wit one negro man Slave named Oppolis (alias Opp) of great value To wit of the value of seven hundred Dollars of lawfull money of the United States as of his own property and being so possessed thereof he the said George Bentley afterwards To wit on the first day of January in the year 1830 aforesaid at the County aforesaid casually lost the said goods and chattels out of his possession and the same afterwards to wit on the first day of January in the year 1830 aforesaid at the County of Pulaski aforesaid came to the possession of said Woodruff by finding yet the said Woodruff well knowing the said negro slave Oppolis (alias Opp) to be the property of the said Bentley and of right to belong and appertain to him hath not as yet delivered the said negro slave as aforesaid to the said Bentley altho he was afterwards To wit on the same day and year lastly aforesaid, at the County aforesaid requested by the said Bentley so to do, but hath hitherto wholly refused so to do, and hath detained and still doth detain the same from the said Bentley To wit, at the County aforesaid to the damage of the said Bentley fourteen hundred Dollars and therefore he brings his suit &c
William Cummins PQ

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Territory of Arkansas
County of Pulaski } Sct
This day personally appeared before me Saml Hall a Justice of the Peace for the County of Pulaski aforesaid George Bentley the plaintiff in the Declaration hereunto anexed who being duly sworn testifies and states that the property in said Declaration mentioned is his property and that he is lawfully entitled to the possession thereof and the said property is worth and is of the value of seven hundred Dollars and that the Defendant in said Declaration William E Woodruff unlawfully detains the same and further the deponent saith not
Geo Bentley
Sworn to and subscribed before me at my office in Little Rock in the Township of Big Rock this 17th day of February 1830
Saml Hall
Justice of the Peace

The Clerk of the Circuit Court of the County of Pulaski aforesaid will issue a Capias in Detinue on the foregoing Declaration and endorse thereon, This is an action of Detinue for a negro Slave named Oppolis (alias Opp) of the value of $700 as sworn to by the said Plaintiff George Bentley, and the Sheriff of said County is directed to require and take bail of the said Defendant in the sum of fourteen hundred Dollars
Wm Cummins PQ
Upon which Capias was issued in the words and figures following To wit
Territory of Arkansas- United States of America Sct
To the Sheriff of the County of Pulaski Greeting.
We command you that you take the within named William E Woodruff if he may be found within your bailiwick and him safely keep, so that you have his body before the Judge of our Circuit Court, at a County to be holden at Little Rock in and for the County aforesaid on the second Monday of June next then and there to answer the within named George Bentley in a plea of Detinue for a Negro Slave named Oppolis (alias Opp) [Image of page 4] of the value of 700 Dollars as sworn to by the said plaintiff which from him he unjustly detains and to his damage fourteen hundred Dollars and have you then there this writ
In testimony whereof I have hereunto set may hand as Clerk and affixed the Seal of Office this 22d day of February 1830 and of the Independence of the united States the fifty fourth
Jos Henderson Clerk

Upon which Declaration affidavit and Capias the following endorsments were made To wit
George Bentley
vs }Filed February 22nd 1830
William E Woodruff

Jos Henderson Clerk
This is an action of Detinue for a Negro Slave named Oppolis (alias Opp) The Sheriff is ordered to require bail of the Defendant in the sum of fourteen hundred Dollars
Jos Henderson Clerk
Received the issuing & tax fee on this writ
Jos Henderson Clerk

Executed the within writ & Declaration by taking the body of the within named William E Woodruff into custody and releasing the same upon his entering into bond and security on the 24th day of February 1830 in the Town of Little Rock Pulaski County A.T.
Saml M Rutherford Shff
Pulaski County A.T.
Service 1.00
Bail Bond .50
1.50
Which said bond is taken and now on file in this office is in the words and figures following To wit

Know all Men by these presents that William E Woodruff of the County of Pulaski and Territory of Arkansas as principal and John McLain and Allen Martin as his securities by these presents bind themselves their heirs Executors and administrators jointly severally to pay unto George Bentley the Just and full sum of fourteen hundred Dollars Lawfull money of the United States Witness their hands and Seals this 24th day of Feby 1830
The condition of the above obligation is such that if the above bounden William E Woodruff shall be and [Image of page 5] by the Clerk of the Pulaski Circuit Court against said Defendants and that he be held to bail in the sum of fourteen hundred Dollars
Given under my hand as Clerk this 22nd day of February 1830
Jos Henderson Clerk

William E Woodruff
adsm }June Term 1830
George Bently
Circuit Court of Pulaski County

And the said Defendant by Ashly his Attorney comes & defends the wrong & injury when &c & saith that he doth not detain the said Negro Slave in the said Declaration specified in manner & form as the said Plaintiff hath above thereof complained against him & of this he the said Defendant puts himself upon the Country
Ashley Defts Atty
And the Plaintiff doth the like
Pulaski Circuit Court June 19th 1830

George Bentley
vs } Detinue
William E Woodruff
And now on this day comes the parties by their attornies and on motion it was ordered that a Jury come to try the issue joined in this case, and a Jury being Summoned and called came as follows To wit Robert M French, Jesse Brown, Jordan Stewart, Charles Fisher William Jordan, Edward Shurlas, Benjamin Clemens, Burk Johnson Joseph S Johnson John M Young Jesse Hinderlighter Nathan W Maynor, who were elected and sworn well and truly to try the issue joined in this case and not having gone through with the evidence this case was by consent of the parties continued untill Monday Morning and the Jury permitted to separate under the charge of the court to meet at said last mentioned time by consent of said parties

George Bentley
vs } Detinue
William E Woodruff
Monday June 21st 1830

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And now on this day came the Jury aforesaid and after hearing the evidence for the plaintiff as well the Defendant and after hearing the arguments of the Council retired to consult of their duties and after some time spent therein returned into court the following verdict To wit, We the Jury do find that the Defendant detained and still detains the Negro Slave in the Declaration mentioned in manner and form as stated in such Declaration, that the said Slave is the property of said Plaintiff, and we assess the value of said Slave at six hundred Dollars and we also assess the damages for the detention said Slave to Thirty Dollars
Charles Fisher
Foreman

It is therefore considered by the Court that the Plaintiff have and recover of the Defendant the Negro Slave named Opp in the Declaration mentioned or Six Hundred Dollars the value of said Slave Opp together with thirty Dollars the damages by him sustained for the detention of said slave so found by the verdict of the Jury aforesaid together with the costs by him about his suit in this behalf expended, and that he have execution therefor
During the trial of the above said case the following bills of exception Numbers 1-2&3 were tendered to the Court which were signed and sealed by the Judge and made a part of the record and are in the words and figures following to wit

Bill of Exceptions No 1
Bentley
vs }
Mathers
Be it remembered that on the trial of this cause the Deft introduced Thomas Mathers as a witness who was objected to by the plff on the ground of interest and was sworn on his voire dire who stated that he had a claim to the Negro in contest, that he was part in his possession by the Plff [Image of page 7] that he was not a Judge of title but he claimed him as his property, that he hired the sd Negro to the Deft in Octr last and again received him on the 11th of Jany last. The witness further stated that he felt in honor bound to remunerate or make good to the Deft all and any damages or loss the Deft might sustain by the result of this suit the Deft executed and delivered to the witness Mathers the following release ( here insert it)
The sd Mathers further answered that if the Plff should recover a Judgment agst the Deft in this action and on Exon make the value of the Negro in contest he he did not believe that the Plff in any suit agst the witness could recover the negro of the said Mathers He further stated that if the Pltff fails in this suit he did not believe that the Pltff would be prejudiced thereby in any suit he may bring agst witness for the Negro in contest
It had been previously proved that the Deft had possession of the Negro in Jany last when a certain Stephen Harris came to the Deft to get the Negro, and demanded the Negro of the Deft and stated to Deft that he had purchased said Negro of the Pltff upon the condition that he could get peaceable possession of him Deft refused to give up the Negro without an order from Mathers to sd Harris or any other person Subsequently to this time the Negro was in the possession of Mathers who sent him to Little Rock to hire himself and was with the Deft six or seven days when C Ashley took him and put him in the possession of the Messrs Elliotts to work under a previous contract of hire with the sd Mathers on the first of Feby last where he has been till within a few days when the sd Mathers again took possession of him. The said Mathers further stated on his voire dire, that if any person ought to have been sued for the said Negro, the suit ought to have been brought agst him the said Mathers. The Court thereupon overruled the objection to the witness Mathers and permited him [Image of page 8] to be sworn in chief and give evidence to the Jury to which opinion of the Court the Pltff excepts, and also excepts to the recital in this bill of exceptions of any thing which had been proved except what the witness stated on his voire dire, and prays that this bill of exceptions may be signed Sealed and made a part of the record
B Johnson (seal)

Bill of exceptions No 2
George Bentley
vs }
William E Woodruff
Action of Detinue in the Circuit Court of Pulaski County
Be it remembered that on the trial of the above cause Thomas Mathers a Witness on the part of the Defendant was asked what title he the said Witness had at the commencement of this suit to the Negro in contest to which question the Plaintiff objected and the Court overruled said objection and permitted the said witness to testify as to his claim to the property in this suit mentioned to which opinion the Pltff excepts and prays this bill of exceptions may be signed sealed and made a part of the record
B Johnson (seal)

Bill of Exceptions No 3
Bentley
vs
Woodruff
Be it remembered that on the trial of this cause it appeared from the evidence that the Pltff on the 23d of Decr 1827 sent the Negro Slave in contest to a certain Thomas Mathers, the Son in law of the Pltff to the said Mathers to stay with him, that the said Mathers received and kept him the said Negro in his employ & possession untill October 1829 when he hired him to the Defendant Woodruff that the said Woodruff had possession of the said Negro under his contract of hirage from said Mathers untill early in January 1830 when a certain Stephen Harris came to the house of the said Woodruff and demanded the said Negro of him the said Woodruff [Image of page 9] stating to the said Woodruff that the had purchased the said Negro from the Plaintiff upon condition that he could get peaceable possession of him Woodruff refused to deliver the said Negro to the Said Harris stating that he would give him up to no person unless that person had an order from the said Mathers, a few days afterwards the said Mathers was seen in possession of the said Negro sixteen miles from the Little Rock at the Palarn Bayou on the road to the residence of the said Mathers who resided in Conway County about six miles from the residence of the Plaintiff where said mathers resided at the time he received possession of the said Negro and has resided there ever since, about two weeks afterwards the said Mathers sent the said Negro to Little Rock with directions to the boy that the said Woodruff should hire him or that the said Negro should hire himself to any other person The said Negro stayed at Woodruffs five or six days when Chester Ashley put the said Negro in the possession of Messrs Elliotts residing about six miles south of Little Rock in Pulaski County under a previous contract of hirage from the said Mathers where the said Negro remained untill the 19th of the present month when the said Mathers again took possession of said Negro, It further appeared in evidence that in January last the Plaintiff called at the residence of the said Mathers and told the said Mathers that he had a Negro of his the said Plaintiff's in his possession and if he did not send him home it should cost him his head. And after the cause was argued the Court gave the Jury the following instructions to wit If the Jury find from the evidence that the Negro in contest is the property of the Plaintiff and that the Defendant had possession of him the said Negro in December or January last altho the Defendant may not have been in possession of the Negro at the date of the writ in this case the Jury ought to find for the Plaintiff, but if the Jury find from the evidence that the Negro in [Image of page 10] contest is not the property of the Plaintiff but the property of Mathers or any other person than the Plaintiff the Jury ought to find for the Defendant. To which opinion and instructions of the Court given to the Jury the Defendant by his counsel excepts and prays that this bill of exceptions may be signed Sealed and made a part of the record
B Johnson (seal)

Whereupon the Defendant prays an appeal to the Superior court of Arkansas which is granted to him on his entering into recognizance with Chester Ashley his security in the sum of twelve hundred and sixty Dollars. And therefore William E Woodruff as principle and Chester Ashley his security acknowledge themselves to owe and be indebted to George Bentley the Plaintiff in the sum of twelve hundred and sixty Dollars to be levied of their goods and chattels, lands and tenements upon condition that the said Woodruff shall render the said Negro Opp or Oppolis to said Plaintiff or pay to said Plaintiff his value of six hundred Dollars together with thirty Dollars the damages for the detention of said Slave and the costs of said suit that have accrued or may accrue by such appeal in case the Judgment of the Circuit Court in and for Pulaski County rendered at the present Term of said Court in this case shall be confirmed by the Superior Court of Arkansas then this recognizance to be void, otherwise to remain in full force and virtue

The following is also on file with the papers of this suit and endorsed filed 19 June 1830
Jos Henderson Clerk
I hereby release to George Bentley all my rights title and property in and to a certain Negro man Slave named Op alias Opulus the title to which is now in controversy before the Circuit Court [Image of page 11] of Pulaski County in a case wherein Geo Bentley is Plff & Wm E Woodruff is Deft Witness my hand & seal this 19th day of June AD 1830
his
Stephen X Harris (seal)
mark
Test
Jos Henderson
Benjn F Potter

Territory of Arkansas
County of Pulaski SS
I Joseph Henderson Clerk of the Circuit Court within and for the County of Pulaski aforesaid do hereby certify that that the above and foregoing contained on the pages from number one to number eleven inclusive is a true transcript of the records process and proceedings and of all other papers on file in my office in the above entitled case
In testimony whereof I have hereunto set my hand as Clerk and affixed the seal of Office at Little Rock this seventh day of July in the year of [our] Lord Eighteen Hundred and Thirty and of the Independence of the United States the fifty fourth
Alex Starbuck Depy
for Joseph Henderson Clerk

(seal)

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