witness fee

Witnesses to divorce.

Haywood Freeman, Sidney Freeman, Nettie M. Vick, Hagar Edwards, and Mary Ward were called as witnesses to the divorce action filed by Charles H. Smith against his wife Virginia Smith.

Haywood and Sidney Freeman were the father and brother of Joseph Freeman, who was named as one of the men with whom Jenny Smith allegedly committed adultery. Hagar Edwards’ home in Greene County was the site of an alleged tryst. The focus of Nettie Vick and Mary Ward’s anticipated testimony is not known.

Three witnesses requested that their witness fees be paid over to someone else — in two cases, the man for whom they testified, Charles H. Smith himself. At a minimum, this request would raise an eyebrow today.

“please pay to C.H. Smith what is due me as a witness in his case”

“please pay to C.H. Smith the amount due me as a witness in his case”

Nettie M. Vick requested that her fee go to her brother W. Henry Vick. (Samuel H. Vick was another of her brothers.)

“please pay to Henry Vick the amount due Nettie Vick Witness of C.H. Smith case”

Send me my money.

In 1858, Robert Fuller was subpoenaed as a witness in an unspecified court case brought by E.H. Flowers, apparently involving an enslaved person. Here is the note he sent back to the court:

Mrs Clearke you will pleas send me my money Due me a bout being a Witness in the Niggar suit by E.H. Flowers this the 28th of March 1859    Robbart Fullar

  • E.H. Flowers — in the 1860 census of Gardners township, Wilson County, E.H. Flowers is listed as 23 year-old farmer. He reported owning $3364 in personal property, which would have consisted primarily of enslaved people.
  • Robbart Fullar — in the 1860 census of Gardners township, Wilson County, Robert H. Fuller is listed as a 24 year-old carpenter.

Court Cases Involving Slaves-1859, Slave Records, Wilson County Records, North Carolina State Archives.