Andrew and Aggy Anderson. Free Black Family In Brocks Gap

Transcription

1 Andrew and Aggy Anderson Free Black Family In Brocks Gap

2 Andrew and Aggy Anderson Free Black Family In Brocks Gap by Pat Turner Ritchie 1559 Moffett Dr. Winchester, VA March 2008

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4 Table of Contents 1. Introduction 1 2. Who were the Andersons? 2 3. What were Andrew and Aggy Like? 3 4. Map of Crab Run Area (by Vincent Smith) 6 5. Anderson s children 7 6. Church affiliation 7 7. Andrew & Aggy s last days 8 Article of Agreement with Souder 9 8. Land Transactions 13 Agreement with Matthews and Anderson Anderson s Farm at Crab Run, Bergton, Virginia Real Estate Taxes Other Business Matters Andrew Anderson s Last Lawsuit Summary Appendix A Other Blacks in Brocks Gap Appendix B Transcriptions of court testimony in Souders versus Dove & Chrisman 29

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6 Andrew & Aggy Anderson, Free Black Family in Brocks Gap The Andrew Anderson family was the first free African-American family in Brocks Gap that we know. Andrew Anderson and his wife Aggy lived on a branch called Goose Creek in the Crab Run area near Bergton, Virginia. Their farm was between Philip Souder s land (the area of the old mill at the corner of Crab Run Road Mongold Hollow road) and the Rockingham/Hardy County line. Andrew and Aggy owned their own farm and were hard workers. They were accepted members of the community. Andrew had frequent business dealings with neighbors, borrowing and lending small and large sums of money to neighbors. In the Anderson s later years, white neighbors took care of them, even moving the widow into their own home. Approximate location of the Andersons home. Philip Souder This 1885 map of Dovesville (now Bergton) was made 50 years after the Andersons died. The Philip Souder on this map was Philip Souder Junior, son of Philip and Eve Souder who eventually took care of the Andersons. Neighbor Henry Moyers lived just across the state line in West Virginia. 1

7 Who were the Andersons? Andrew Anderson was born between 1775 and 1794, and he died in 1838 at Bergton, Virginia. His birth date is an estimate from the 1820 census. In 1802, Andrew married Aggy, a free black woman, in Rockingham County. She was born between 1775 and 1794, and she died in the summer of 1845, probably at the home of Philip Souder where she had been living. We don t know where the Andersons are buried; perhaps they are buried in the Souder family cemetery near Crab Run. Andrew was a farmer and owned his own 47-acre farm in the Crab Run area of Bergton, Virginia and another 100-acre tract. We don t know where either Andrew or Aggy was born, and we don t know if they were born free or had been born into slavery and set free. There was a Register of Free Blacks for Rockingham County, but their names are not listed in it. Andrew Anderson s name evolved over the years in official documents from simply Anderson to Andrew Andrew to its final form of Andrew Anderson. The earliest record we can find for either Andrew or Aggy is their marriage in 1802 in Rockingham County, Virginia. Assuming Andrew was about 20 years old when he was married, he was probably born between 1775 and The marriage bond was dated July 30, The names on the bond are simply given as Anderson and Aggy with no last names. The bond notes that both were free Negroes. The bondsman was H. J. Gambill. Because the bondsman had a financial interest in the marriage bond, the bondsman usually was the father of the bride or a close relative. Since Gambill posted bond for Andrew Anderson, Gambill must have known Andrew and trusted him enough to post bond for him. Perhaps Andrew Anderson had served the Gambill family at some point. H. J. Gambill was a well-to-do man who became Clerk of the County Court from Gambill was Clerk of the Circuit Court from April 24, 1809 until May 11, Gambill was a slave-owner, holding 6 slaves in 1810 and 20 slaves in I think the Gambill family lived near Harrisonburg, 2

8 Above is the marriage bond for Anderson, a free Negro, to marry Aggy, a free Negro, What were Andrew and Aggy like? Andrew Anderson was described by neighbors as a free man of colour, Negro, and Black. In a later court case, neighbor Elizabeth Moyer was asked, Were Anderson and his wife tolerably Black Negroes? She replied that he was a black Negro and his wife was not so black. There were few black people in Brocks Gap, free or slave. Census records show that Andrew and Aggy were probably the only free black family in the Brocks Gap area during their lifetime. In 1840, after Andrew had died, there was a free black family of Samuel Furry with a wife and a young boy & young girl who lived between Martin Whetzel and Aaron Dove, Jr. at Bergton. Also in 1840 John Hubbard was head of a free black family with a wife and 2 children. They lived between Benjamin Dellinger and Frederick Hottinger, perhaps in the Runions Creek area. In the court case after Andrew s death, testimony indicates that he was on a first-name basis with the neighborhood, even with the neighbors from whom he borrowed money. Frederick Dove commented on what a good farmer Andrew had been, and that he took care of his farm. Dove said, he was a most careful farmer and left the land in much better order and repair at his death 3

9 than it was when he purchased it, and it was as well enclosed then [during Andrew s lifetime] as it is now (from the Chancery court case of Sowders versus Chrisman). Andrew s honesty in business dealings was acknowledged and accepted in the community. In the Chancery Court case after Andrew s death, none of the witnesses said anything bad about his character or business dealings, although they were quite frank about other neighbors. Andrew had borrowed money from various people in the community at different times but paid them back eventually. He had bought a horse from James Turner for $30 and paid by credit with a note (IOU). Turner lived at Fulks Run, about ten miles from Andrew s house and was not an immediate neighbor. Andrew s near-neighbor Samuel May was security for Andrew to buy a cow for $11 at Mr. Miller s sale, and the note was paid eventually. There were other instances when Andrew bought on credit from neighbors or Rader s store and paid back his debts, usually with farm produce, livestock, or shingles. Wheat, wheat seed, clover, clover seed, buckwheat, sheep, and a colt were some of the products that he used to pay his debts. Andrew also loaned money to neighbors and sold them things on credit. In 1806, he loaned 84 pounds of money to John Ritchie. (This was enough money to buy a small farm). We know Andrew sold things to Frederick Dove on credit. Even though Andrew couldn t write his name, he must have known some arithmetic in order to calculate how much people owned him. The Andersons were on a first-name basis with the neighbors, and Andrew was bold to speak up for himself. William Parks described an occasion when Andrew was discussing a debt he owed to Frederick Fritz Dove. Parks said that Andrew said, Fritz, it is time I had my deed of trust. Evidently Andrew wasn t too shy to talk about his business. Jacob A. Mitchell described another meeting between Andrew Anderson and Frederick Dove when both men disagreed on how much money they owed each other. According to Mitchell, The Negro Andrew said a great many rough things to Fredk. Dove, and also Fredk. Dove returned pretty much the same language. Since he was a free man, Andrew could make legal contracts. He was not afraid to take people to court when necessary. There are at least two court cases where he was the plaintiff (the one bringing the lawsuit) over a land transaction and a debt secured by a deed of trust. These court cases will be discussed later. Several years after Andrew died, his estate was sued for an old debt, and the testimony from that case has left us with much information about the Andersons. Andrew was probably in declining health for eight to ten years before he died, based on what their neighbors reported. Even though he had been a good farmer, they thought that he wouldn t have been able to pay off large debts during the last eight to ten years of his life. Probably he was not physically able to plant large crops or make shingles as he had when he was younger. 4

10 Aggy Anderson was an industrious woman who took pride in her appearance. She was quite a provident woman, Frederick Dove said. She was in the habit of spinning and making linen, and trading it for coffee and other necessaries. At the time Andrew died, Aggy had two small spinning wheels and one big spinning wheel. Since Aggy wove linen, Andrew probably grew some flax on the farm. Some of the neighbors may have been a bit jealous of Aggy, if what Frederick Dove said was true. She was as well clothed, [or] better than any person in the neighborhood. Evidently she was well organized and planned ahead, too. Frederick Dove also said that for some time before her death, she had a neat suit of burying clothes in readiness. Aggy, however, continued a hale hearty woman... within six weeks of her death and did her own work and work for Sowders [Philip Souder, who was taking care of her in his home]. This is another quote from Frederick Dove s testimony in Elizabeth Moyer was living with the Andersons to help take care of Mrs. Anderson when Andrew died. Elizabeth agreed that Aggy had been in good health and could work all the time until the winter before her death. The testimony about Aggy makes her sound like a pleasant person, too. Elizabeth continued to visit Aggy even after she moved to the Souders' house to live. No one said anything bad about Aggy during the court case Souder versus Chrisman. 5

11 Andrew Anderson s 12.5 acre survey Present-Day Crab Run Road General area of Andrew Anderson s 47 acre farm This is a map from Vincent Smith s Moyer book showing Moyer property and Andrew Anderson s 12.5 acre survey for which he never received a deed. 6

12 The Anderson s children Aggy and Andrew were married in By 1810, they had 2 children. The 1810 census just says there were 4 free people in the household; we don t know their ages. The 1820 census says two females under the age of 14 were in the family in addition to Andrew and wife, so the girls were born after By 1830, no children were listed with Aggy and Andrew. The court case after the Andersons deaths says that they had no heirs. What happened to the Anderson daughters? So far I haven t found marriages for Anderson children in Rockingham County. But in 1840, a new free black family was living at Bergton between Martin Whetzel and Aaron Dove Junior, which is the Andersons neighborhood. This family was headed by Samuel Furry, with a male born between 1804 and 1816, a female born between 1804 and 1816, and 2 children under ten years of age. The mother of this Furry family is just the right age to have been Andrew s daughter. The Furry family seems to have left the area, because I can t find them in the census records in 1850 or later. There is an interesting story told by Frederick Dove about an Anderson daughter named Nancy. One year, no date given except that it was during Andrew s lifetime, the constable had to sell some of Andrew s property to pay a debt. At that time, Frederick Dove bought a blind mare for a few cents and gave it to Andrew s daughter Nancy. The next spring, the blind mare had a mare colt, which Nancy and the family raised until it was big enough to sell. Then Andrew sold or traded the cold to David Steel Esq. According to this story, there was an Anderson daughter named Nancy. It will be difficult to find out more about Nancy because records from that time period are scarce. If the Anderson daughters were still living in the area after 1838, they probably would have taken care of their mother in order to inherit the farm. They must have died before their mother Aggy, because in the 1845 court case, Philip Souder stated that Aggy Anderson was Andrew Anderson s only survivor and heir. Their Church Affiliation When the Andersons were living at Crab Run near Bergton from about 1807 to1845, there were no organized churches with written church records. In the late 1790s and early 1800s, Lutheran minister Rev. Paul Hinkel traveled through the community and preached often at the home of Frederick Dove s father. Rev. Hinkel s diary does not record anything on the Andersons. Elder John Kline of the Brethren Church began his ministry in 1835 and traveled through the area, but his diary does not mention the Andersons, either. Since the Andersons seem to have been fully involved in the community, they probably attended preaching whenever ministers were in the area, but we have no way of knowing this for certain. Their neighbor Philip Souder was Lutheran, and another neighbor Henry Moyers was Brethren. Perhaps someday records of other traveling ministers will turn up and have a mention of the Andersons of Crab Run. 7

13 Andrew and Aggy s last days Andrew Anderson died in 1838, but a few years later no one could remember the exact month or day of his death. Their neighbor Elizabeth Moyer had lived with them to help take care of Aggy when she was sick. Elizabeth was living with the Andersons when Andrew died. From the neighbors accounts, he may have been in declining health for eight or ten years before his death. For the times, he was a fairly old man, probably being in his 60s. Aggy lived at her home for about a year after her husband s death. The Andersons next door neighbor Philip Souder took care of Aggy even when she lived in her own home, but after about a year he took her to his house to live. Aggy kept all her personal property when she moved, but she didn t have many possessions. Mr. Souder sold their horse for $10 and the windmill for $6. Some of the money from the sale was probably used to pay real estate taxes on the farm, as deputy sheriff Jacob A. Mitchell testified that Souder had paid the back taxes of $15 after Andrew died. Aggy had some small hogs, which Souder evidently kept. To be sure she would be taken care of in her old age, Aggy Anderson made a formal agreement with Philip Souder that he would take care of her in exchange for her farm. This was a common arrangement in those days, especially when the elderly person had no other heirs. Census records show that Aggy and Andrew probably had two daughters, but they must have died before their parents. When it was time to settle Aggy s estate, the records state she had no heirs. The Article of Agreement between Aggy Anderson and Philip Souder was dated November 11, It states that Philip promised to maintain Aggy Anderson in a decent manner (food and clothing and housing). For the maintenance he was to have the land, which her husband Andrew Anderson had bought. Both Aggy Anderson and Philip Souder signed by their X marks. The witnesses to the Article of Agreement document were Frederick N. Mowrey, Aaron Dove, and Josiah Souder. Josiah Souder was Philip Souder s son. There were two Aaron Doves living in the area during this time. Aaron Dove Junior was the son of Frederick Dove and the husband of Phillip Souder s daughter Elizabeth. Aaron Dove Senior was the son of George Dove. I am not sure which Aaron Dove was witness. 8

14 Article of Agreement between Aggy Anderson and Philip Souder about taking care of her in exchange for her farm. 9

15 Philip Souder took care of Aggy for about seven years. Aggy enjoyed good health while she lived with the Souders. She was able to take care of herself and help out at the Souders house for most of the time. Later the neighbors disagreed on exactly when she had become too weak to work. Aggy s industriousness seems to have made some of the neighbors jealous again. Frederick Dove said that she was only sick for six weeks before she died. And if the contract between Sowders and Aggy was that he was to have the use of the land merely for supporting the old woman, he has had a good bargain, for she supported herself, Frederick said. Aggy s friend Elizabeth Moyer said that Aggy was too ill to work for several months, from the winter until the next summer when she died. Philip Souder disagreed with Frederick Dove that the agreement between himself and Aggy was easy to carry out. Souder had supported her for seven years, and he considered he had a hard bargain, and [taking care of Mrs. Anderson] was more a matter of humanity than any expectation of gain. In 1991, Tressie Souder took this photo of one of only two log buildings remaining on the Philip Souder land. This appears to be a small outbuilding. (page 55 of The Anthony Souder History )) 10

16 Are There Any Photographs? Andrew and Aggy Anderson lived before photographs were common. We don t have any photographs of Aggy, Andrew, or Philip Souder, but we have photographs of two of Philip s children. Josiah Souder ( ) and his second wife Catherine Basore. The son of Philip Souder, Josiah was a witness in 1841 to the Article of Agreement between Aggy Anderson and Philip Souder. 11

17 Mary Souder Basore ( ) on left and her husband John Basore. John is holding their granddaughter Victoria Mathias, and their daughter Victoria Basore is standing beside him. A daughter of Philip Souder, Mary was about 14 years old when her parents started taking care of Aggy Anderson. Mary probably helped take care of Aggy. 12

18 Land Transactions In 1805, Anderson of the marriage bond had changed his name to Andrew Anderson. He had been married for a few years and was in the market for a piece of ground to live on. Francis Matthews showed him the small farm where Matthews lived, which he claimed contained 50 or more acres and some good farmland. (The neighbors to this farm were Valentine Wolf, Stephen Depoes, and Reuben Skeens, which are usually not Brocks Gap names). On October 23, 1805, Matthews and Anderson came to an agreement that Anderson would buy the land for $150. The Articles of Agreement between the two of them says that Anderson was to have it surveyed, and after that Matthews would give Anderson the title to the land. Matthews could live on the land and use the firewood until the last of March 1806, after which time he was to move out peacefully. William Smith was witness to the agreement. This land purchase was not recorded at the courthouse because of several problems. The survey showed that there were only 30 acres instead of 50 or more acres as Matthews had promised. Even worse, the survey didn t include the good land that Matthews had said was included with the farm. Anderson felt he had been deceived. By October 1806, Anderson had filed a Chancery Court case to get back the 26 pounds of money he had already paid Matthews and stop the sale. Matthews had sold the note (Anderson s IOU for the rest of the sale money) to John Beal. Since a year had passed since the original sale, the IOU was due to be paid, and Beal had tried to collect it from Anderson. The wheels of justice moved slowly in those days, too, as it appears from the jacket cover that the case dragged on until On April 19, 1808, Andrew Anderson, John Harrison and George Dove posted bond to John Beal for forty pounds. If the court case between Anderson and Matthews was decided for Anderson, they didn t have to pay the forty pounds. H. J. Gambill was witness on this bond, which is another tie between Gambill and Anderson. The surviving papers from the court case do not tell how the case ended. However, no deed was recorded from Matthews, and Anderson bought land on Crab Run in Brocks Gap in We can assume that his case against Matthews was decided in his favor. 13

19 Agreement between Francis Matthews and Andrew Anderson for purchase of land. This agreement fell through. 14

20 While the court case was still being decided for Anderson versus Matthews, Andrew Anderson had enough money to purchase a different farm on Oct. 24, This one was in Brocks Gap near Crab Run. This farm, where the Andersons spent the rest of their lives, had 47 acres and had been part of the Joseph Dispeny farm. The purchase price was $50. Andrew s name in this deed is given as Andrew Anders. On the original land grant to Joseph Dispeny, the land was described as being on the parting turn in the West Gap. The deed said the land was first granted to Joseph Dispeny [also spelled Disponet] in March Joseph died without having a will, and the land descended to Joseph s children. The Dispeny heirs conveyed the 47 acres to Joseph s son John Dispeny who then sold it to Andrew Anderson. The deed was witnessed by George Dove, Giles Turley, and Jacob Cruntz [this may have been Lantz instead of Cruntz]. Maybe George Dove met Andrew during this land transaction. George must have been confident that Andrew was a good financial manager, because the next year after the Dispeny land sale, George went bond with Andrew in the court case against Matthews. And of course, after Andrew and Aggy moved to their new farm in Brocks Gap, they were neighbors of George Dove. Where did Andrew get his money to buy land? Some cash was tied up in his first purchase of the Matthew land in 1805, which took place only 3 years after he married. The 1807 deed for the Dispeny land says the $50 was in hand and paid. Usually when a land purchase was paid for by installments, the deed would spell out the payment schedule. The Dispeny sale does not have a payment schedule. Andrew may have worked for wages somewhere and saved his money for the land purchase. The Farm near Crab Run, Bergton Because of a court case after Andrew and Aggy s deaths, we learned more about their farm and lives than we know about most other people of the time. For instance, their log house was about 30 or 40 yards from the road. There was an orchard at the farm which included apple trees. The farm bordered the land of Philip Souder, Michael Moyers, Sr. and others. The Anderson farm was about a mile from the fork of the road (probably near the Lutheran Church where Crab Run Road turns off the Bergton Road). A deed of trust (Deed Book 8, pge 24) described it as bounded by lands of Philip Souder and Michael Moyers Sr., lying on Goose Creek. Goose Creek is not on present-day maps and is not a familiar name to people who live in the area today. It may be an old name for Crab Run. 15

21 The farm produced enough clover seed and buckwheat that Andrew could sell to neighbors. Although there wasn t a lot of timber on the farm according the neighbor Philip Souder, Andrew cut trees and made shingles for sale, too. Andrew s neighbor Frederick Dove that Andrew was a most careful farmer and left the land in much better order and repair at his death than it was when he purchased it, and it was as well enclosed then as it is now. Although this photo was taken about 80 years after Andrew Anderson died, the rail fence is probably like the fence he built on his farm. Several years after Andrew Anderson died, Frederick Dove estimated that Anderson s land would now sell for $100. It would probably sell for $150 or $200 if it were not for the threats of Sowders [Philip Souder, who took care of the widow Anderson in exchange for the farm],. There was a larger log house on the farm when Andersons lived there, but Souder tore it down and erected a smaller log house sometime after Andrew died, according to Frederick Dove s testimony. 16

22 The home had many furnishings common to the times. Here is a list of the goods that were in the house according to neighbor Elizabeth Moyer, who had lived with the Andersons to take care of them. 2 kettles 1 cupboard 2 beds pretty good ones 1 Dutch oven 2 chests 1 small pot 1 trunk 1 skillet 1 shovel plow 1 Spider 1 wall stove 1 pair horse gears 1 windmill, 1 washing tub 1 falling axe 5 head of hogs, 2 small Spinning wheels 1 horse, 1 look & gears 1 big wheel A wall stove seems to be an unusual item for the time (1830s-40s) but there aren t many other estate settlements from that time period to compare. What was the windmill for? Maybe it was used to pump water for the livestock. After Andrew s death, Philip Souder sold the windmill to John Mongold, a neighbor for $6. There weren t a lot of household items, but there may have been more household and farming items than are in this list. Elizabeth Moyer, their neighbor who had lived with the Andersons to help take care of them, gave this list in a later court case. She was probably reciting it from memory and no doubt did not list everything of the Anderson s. In 1813, Andrew Anderson had 12 ½ acres of land surveyed for himself near his own land, but for some reason he never got a deed for it. A copy of the survey has survived and was owned last by Warren Souder. Vincent Smith drew this survey as #7 on page 378 of in his book The Moyer Families of Crab Run, Northwestern Rockingham County, Virginia. The 12 ½ acres bordered Moyers land. This 12 ½ acres must have been close to Andrew s 47 acre farm. The survey says: Rockingham County May 26 th 1813 Surveyed for Andrew Anderson (Free Negro) pursuant to Alexr. Hering s warrant for 1000 acres N5059 dated 6 th April 1813, twelve acres and a half of land lying on the North east side of the Capen [Capon] road in Brocks Gap on the North Fork of the River, Bounded as followeth (twk) Beginning at a Pine Moyers Corner thence with the Mountain Survey S 31 ½ W 101 po to a pine by a Gully thence N 11E 112 Po to a Hickory and pine his and Moyers corner thence with Moyers line S51E38 po to the Beginning Benjamin Bryan Ast. Herring SRC 17

23 This is the survey for 12 ½ acres for Andrew Anderson. A copy of this survey came into the first Brocks Gap Heritage Day from Warren Souder. Sometime before 1837, Andrew bought or received a patent for another 100 acres, but I haven t found the record for this purchase. Starting in 1837 and continuing for several years, he was taxed for 47 acres and a 100 acre tract. Real Estate Taxes The first Rockingham County land tax record I found for Andrew Anderson was in 1811 when he was taxed for 47 acres. Skipping ahead to 1837, he was taxed for a 47 acre tract and a 100 acre tract. In the 1838 land tax, his 47 acres in Brocks Gap were listed as 31 miles northwest from the courthouse and was worth $3 per acre. Land taxes were in Andrew Anderson s name for about 20 years after his death. In 1849 his estate contained both the 47 and the 100-acre tracts. In 1855, only the 100 acre tract was in his name, with $75 value added for the building. In 1859 Andrew Anderson s name dropped out of the tax record. I could not follow find what happened to either the 47 or the 100-acre tracts. After a lengthy court case, the court decided Philip Souder should have the 47 acre tract for taking care of the widow Anderson. Even though I followed land sales of Philip Souder, I didn t find out how he sold Anderson s 47 acres. 18

24 Other Business Matters Andrew Anderson must have been a thrifty person in his younger days and had money to loan and invest. In 1806, when some of his money was tied up in a land purchase from Francis Matthews, Andrew still had enough money to loan 84 pounds to John Ritchie. This was a very large loan and was secured by a deed of trust on John and Susanna Ritchie s land. The deed of trust is recorded in Deed Book 1, pages This document uses the name Andrew Andrews instead of Andrew Anderson. The security was 3 tracts of land in Rockingham County totaling 95 acres, and the descriptions don t sound like the property was in Brocks Gap. One of the first documents to be copied at the first Brocks Gap Heritage Day was a document about a court case over this deed of trust. John Ritchie hadn t been able to pay back the loan to Andrew Anderson (this time the name is Andrew Anderson) when he was supposed to. Rather than lose the land to a public sale, John Ritchie accepted a loan from Frederick Knestrick of Pendleton County at twice the interest rate (12% instead of 6%). Evidently Anderson was paid back, but then John Ritchie owed a lot of money to Knestrick. The testimony from John Ritchie is a common story - - an illiterate man trusted the lender to be honest in recording the payments and in charging a fair rate of interest. The papers copied at Heritage Day don t give the conclusion of that court case, so we don t know from them whether or not John Ritchie got to keep his land or if it was lost to public sale. On September 13, 1809, Andrew Anderson was the borrower, not lender. He and Aggy borrowed $70 from John Fulk who insisted on having a lien on Anderson s farm. This deed of trust was recorded in Rockingham County in Deed Book 1, page 453. In this deed, Aggy s name is spelled Ackey Anderson, which may have been how local people pronounced it. This deed of trust transaction also ended up in court in 1812 when Andrew sued John Fulk in Superior Court in Staunton, Virginia. In this case, Anderson s farm was described as very poor hilly and stony without timber. In 1809 Anderson had asked Frederick Smith to write the deed for him. Smith didn t have a standard form to use as a model, so he declined to write the deed. (This would have been Frederick Smith, schoolmaster and former Hessian soldier who lived on Bennetts Run). Anderson had to have George Dove write the transaction, which sounds more like a deed than a deed of trust. The wording of the suit is difficult to understand. The court decided that the contract between the parties was not a conditional sale. Anderson was to pay all the court costs and pay John Fulk $70 with interest from the 13 th of September If he failed to pay, Henry J. Gambill, Joseph Fawcett and Samuel McWilliams, commissioners, were to sell the land at public auction. 19

25 Andrew Anderson s note to Frederick Dove for $53.07 in This note was secured by a deed of trust on Anderson s farm. In 1845, Dove tried to collect it from the estate by having the farm sold at auction. 20

26 Frederick Dove assigned Andrew Anderson s 1827 note to Henry and Cambyders C. Chrisman on Feb. 15, This is why the Chrismans were involved in Philip Souder s lawsuit. 21

27 Andrew Anderson s Last Lawsuit The consequences of Anderson s borrowing and lending carried on even years after his death. In 1827, Andrew owed $53.07 to Frederick Dove and gave a deed of trust on his farm as security. Seven years after Andrew died, there was a dispute whether or not Andrew had paid off this debt to Frederick Dove. Frederick (or Fritz, as the neighbors called him) claimed that Andrew s estate still owed the money, and he took steps to have the Anderson farm sold at public auction in By this time, Philip Souder had been taking care of widow Aggy Anderson for about seven years, and the Anderson farm was to be his payment for supporting the widow. Although Philip s wife Eve Fulk Souder was never mentioned in the lawsuits, we can be fairly certain that Eve would have done most of the nursing of Aggy in her final illness. Naturally, Philip was upset that Dove was trying to sell the farm away from him. Philip sued in Chancery Court to stop the sale and to have the old debt declared paid. There were witnesses for both sides, and even witnesses to testify about the other witnesses truthfulness. During testimony it was brought out that Anderson couldn t write and Dove was old and crippled and had not been able to take care of his business for several years. Lewis Yankey s Dove history says that Frederick always spoke German and had a fine German handwriting. However, he was over 80 years old when this court case started in 1845 and was in declining health. Frederick was unclear on the details about whether or not Andrew had ever paid back part or all of the money. Most of the evidence would be called hearsay today, but with Anderson already deceased, hearsay evidence was about the best they could do. William Parks testified that he had heard Andrew Anderson and Frederick Dove discussing the debt. When Andrew told Frederick that the debt was paid and Frederick should release the deed of trust, Frederick did not disagree. 22

28 Parks remembered when the conversation took place the day he and Frederick Dove had laid off Michael Moyers widow s dower. John Rader, a storekeeper in the area, also testified that he had heard a similar conversation between Andrew and Frederick. Rader said that when Andrew stated that he had paid off the debt, Frederick had not contradicted him. Most of the other witnesses just testified whether or not William Parks and Abraham Zirk (another witness) were honest men. When Philip Souder first sued to stop the public sale of the Anderson farm in 1845, Aggy was still living. She died a few months after the suit started. During the several years the case dragged on, one of the defendants, Cambydes Chrisman, also died. Finally, on Oct. 11, 1847, the court ordered that no public sale should take place. Souder was to get his court costs back from Frederick Dove and the other defendants. Philip Souder got the Anderson land for taking care of the widow, as she had promised. Most of the interesting information from the witnesses testimony has already been included in this story, but there are some other interesting tidbits from the witnesses. For instance, Jacob Caplinger said he was born in John Chrisman had a store in the Bergton area, and Jacob Caplinger was employed in the store for about 8 years. The Rockingham County witnesses had to go to the office of Algernon S. Gray and Douglas Gray in Harrisonburg to give their depositions. Jacob A. Mitchell, Jacob Cootes Jr., James Turner, Elizabeth Moyer, John Rader Jr., Jacob Caplinger, James May, John Mungold, Isaac Fulk, Ulrich Wittig, Thomas & Roarick, and John Chrisman were called as witnesses. The witnesses from Hardy County had to go to the house of Isaac Dasher on the South Fork to give their testimony. They received reimbursement for attending one day. The Hardy County witnesses were Abel Randle, Henry Moyers, Samuel May, George Lents [Lantz], John See, John Davis, and George Harper. John Davis, Constable, also received fees for summoning ten witnesses. Philip Souder and John Chrisman also attended. Jonas Green was Justice of the Peace who took these testimonies. Witness William Parks was asked to verify that that Frederick Dove had said Damn it man, that deed of trust was paid long ago. Parks said that Dove didn t say Damn it; `Toot was the word, Parks said. Frederick Dove s son Aaron Dove Jr. testified that Frederick had had money problems for the last 8 or 10 years before 1845, and he had been jailed for debts for a time. That goes along with Frederick s testimony that he had not been well enough to take care of his business. Aaron Dove Jr. probably felt torn between two loyalties in this court case. The defendant was his father Frederick Dove, but the plaintiff was his father-in-law Phillip Souder. John Rader Junior ran a store in the area, and customers could drink spirits. 23

29 Time of year was measured by when the apples were ripe. Some men in the neighborhood were known as great liars, telling lies sometimes for the sport of it and sometimes to defraud others. Abraham Zirk built chimneys for other people. Today we should learn from mistakes our relatives and neighbors made so long ago: pay attention to our finances, always get receipts for payments! Susannah Moyers Dove ( ) was a daughter of Henry Moyers. The Moyers family were neighbors of Andrew and Aggy Anderson. Although she was only three years old when Andrew died, Susannah would have remembered Aggy. Susannah s father Henry Moyers was called as a witness in the Souder versus Dove case about the Anderson farm. 24

30 Summary Because of the lawsuit after Andrew Anderson s death, we have a wealth of information about the lives of two free Negroes in Brocks Gap. Direct quotes from many of their neighbors, under oath, tell us that the Andersons were held in high regard in the community. Both of them were hard-working and industrious. Aggy was skilled at making linen, selling it at the local store in exchange for coffee and other necessities. Andrew was a good farmer and made shingles to sell to others. Owning their own farm gave them financial stability during their lifetime, and the farm supported Aggy in her older years. Together the Andersons made enough money to have a comfortable life and to dress well. They visited in the neighbors homes and the neighbors visited them. The Andersons were the kind of people you d be proud to call neighbor. Andrew and Aggy Anderson lived in the time period portrayed by these reenactors at Colonial Williamsburg. When she moved in with Philip Souder family Aggy had a washing tub which probably resembled a larger version of the wooden buckets shown here. 25

31 Appendix A Other Blacks in Brocks Gap It would have been difficult for the Andersons to socialize with other black families. The 1810 Rockingham County census says there were 213 free blacks in the whole county. None of them lived in Brocks Gap, though. One lived with Adam Rader s family, which may have been in the Timberville area. Many of the free Negroes lived in white households, and there didn t seem to be any particular area of the county where they were concentrated. In Brocks Gap in 1810, there were only a few slaves: 5 at John Riddle s, 1 at Jacob Trumbo s, 1 at George Fawley s (perhaps helping with the mill, 1 with Frederick Dove, 4 with Elizabeth Baker (widow of Michael Baker). In 1820, there were 199 free colored persons in Rockingham County. Andrew Anderson and his wife had 2 children in this census. This census is alphabetized, and it s not easy to figure out the neighborhoods. Because of that, I don t know if other free families had moved to the Gap. However, we have more details about the slaves in the Gap. There may have been more slaveholding families in the Gap. John Riddle 2 males between 14 and 26 1 male between 26 and 45 1 male over 45 1 female between 14 and 26 1 female over 45 Jacob Trumbo [Sr.] male between 14 and 26 Magdalene Fawley (widow of George Fawley), no slaves Frederick Dove 2 males between 14 and 26 1 female under 14 Elizabeth Baker 1 female over 45 George Dove 2 males under 14 2 females under 14 1 female female

32 In 1830, the census was again arranged in alphabetical order, which makes it hard to identify where families lived. These are the slaveholders in Brocks Gap that I can identify: John Riddle 1 male females under 10 Jacob Trumbo 1 male female Frederick Dove George Dove [2 perhaps? Page damaged] none James Fitzwater 1 male Elizabeth Baker had died before 1830 George Fulk 1 female between 10 and 24 In the 1840 census, the census was grouped by communities. These free blacks were listed with Brocks Gap families: living with Jacob Custer 1 boy under 10 Samuel Furry family 1 boy under 10 1 male female under 10 1 female between John Hubbard family 1 male between male female under 10 1 female between These were the slave-owners in the Brocks Gap area in 1840: Isaac Riddle George Riddle Addison Harper Samuel Miller 1 male years 1 male years 1 female under 10 years 3 females under 10 years 1 female years 1 female George Fulk 1 female years (George freed this woman in 1850) 27

33 Samuel Cootes John Riddle 1 male years 2 females years 1 male years 1 female years Jacob Trumbo 1 male female

34 Appendix B Transcriptions of court testimony in Administrator of Andrew Anderson versus Dove & Etc. This information was photocopied from microfilm of Rockingham County Chancery Causes. The handwriting was difficult to read in many places and impossible in other places. The witnesses, neighbors of Andrew and Aggy Anderson, frequently said candid and uncomplimentary things about the other witnesses. These transcriptions won t be published verbatim. Here are the two Chancery court cases that were used for this book: Rockingham County (Va.) Chancery Causes. Andrew Anderson v. John Beal, Local Government Records Collection, Rockingham Court Records. The Library of Virginia, Richmond, Virginia. (LVA microfilm reel no. 652, local reel no. 1, image 733). Rockingham County (Va.) Chancery Causes. Admr. Of Andrew Anderson v. Frederick Dove Etc., Local Government Records Collection, Rockingham Court Records. The Library of Virginia, Richmond, Virginia. (LVA microfilm reel no 169, local reel no. 26, image 810). I didn t type all the testimonies. I tried to use the same spelling from the documents. Witnesses in court case: In pursuance of the notice herewith returned, I the subscriber a Justice of the Peace for Hardy County,-- cri to take the following depositions at the house of Isaac Dasher, South Fork, Hardy County, in the 3 rd day of October 1840 within the house named in the notice, to be rec d as witness in a suit depending in the circuit Superior Court of Law & Chancery for Rockingham County, between Philip Sowders administrator of Andrew Anderson, Plaintiff, and Frederick Dove, Henry A. Chrisman, -- C. Chrisman, and Jacob Cootes ---. Present John Chrisman Agent for the defense and Philip Sowders, Administrator of Andrew Anderson Dec d Plaintiff. The deposition of George Lantz being lawful age deposes and says first def Sowders, ques by the agent John Chrisman agent for the defendants are you acquainted with the general character of within Parks his I am. Question by the Same, from his general character and standing in his neighborhood for truth and veracity is he entitled to be credited when an oath Answer, I think not. 29

35 Question by Mr. Sowder the defendant, did you ever hear any of his neighbors say he was not to be believed. And as the eh want to tell lies to injure or defame his neighbors. Answer, -- and I and I have heard others say he would cheat and de---. Question by the same, Please to state who you heard say they would not believe him when an Answer Mr. John See And further this deponent says not. [signed] George Lantz The deposition of John See Of Lawful age being duly sworn Question by John Chrisman agent for the defendants, are you acquainted with the general character of William Parks Sr. in the neighborhood where he formerly lived Answer, I am well acquainted. Question by the same, From his general character and standing in the neighborhood, for truth and veracity, s he entitled to be credited when on oath? Answer, I don t think he is entitled to be credited on oath Question by Philip Sowder, Is it a general report that he is not entitled to credit an oath or that he would tell lies or falsehoods to defraud his neighbors Answer, I have heard several men say that they would not believe him on oath. I have heard several men say that they believed he would lye for the sake of gain. Question by the same, Who did you hear say he would tell lies and was not to be believed on oath? Answer I heard John Chrisman, Jacob Caplinger, George Lantz and Palser Moyers say he is a [damned liar?] the truth is not in him. And further this deponent sayeth not. [Signed] John See Sen. 30

36 Deposition of George Harper of lawful age being first duly sworn. Question by John Chrisman agent for the Defendants, Did you purchase of James Turner a note of hand on Andrew Anderson; if so, what was the amt. of said note, and what was it executed for? Answer, I did, the amount was $30. I do not no what it was executed for. Question by the same, How was that note paid and by whom., or did Philip Sowders pay any part of it. Answer by this purchase of a bound boy Sowders sp-- report of the above note. And Further the deponent sayeth not. [signed] George Harper Deposition of Henry Moyers of lawful age first being duly sworn. Question by John Chrisman agent for the defendants, Was you acquainted with the pecuniary situation of Andrew Anderson during the last ten years of his life Answer, I was Question by the same, Was his circumstance such as you think he would have paid a debt of fifty or upwards of dollars without being pressed for the sum Answer, he could not have done it as I believed have paid that sum at any times for years bef his death. Question by the same, what is the lands Andrew Anderson left at his death now worth or what would they sell for? Answer, They are worth $75 dollars and will sell for the same. And further the deponent sayeth not. [Signed] Henry Moyers 31

37 Deposition of Samuel May of lawful age first being duly sworn. Question by John Chrisman agent for the Defendants, Was you acquainted with the pecuniary situation of Andrew Anderson during the last ten years of his lifetime? Answer, I was. Question by the same, Was is circumstances such as you think he would have paid of debt of fifty or upwards of dollars without being pressed for the same, Answer, I suppose he would not Question by the same, Are you acquainted with the general character of Abraham Zirk? Answer I have known him for fifteen or twenty years Question by the same, Is his general character for truth and veracity good or bad? Answer not good in [common?] way of dealing. Question by Mr. Sowder, did you go Andrew Anderson Security for the price of a cow at Michael Miller sale? Answer, I and others was surety and was sued for the same and Anderson paid the money the sum of $11 dollars. Question by the same, When was you when sued on the note that as Andrew Anderson security? Answer I was oposit Jacob Whetsils in Rockingham County And further this deponent sayeth not. [signed] Samuel May The deposition of Abel Randall of lawful age being first duly sworn Question by John Chrisman agent for the defendants, Was you acquainted with the general character of William Parks Sr. in the neighborhood her formerly lived in. Answer, I am Question by the same, What was his general character for truth and veracity Answer it was generally said he was not to be relied upon 32

38 Question by Philip Sowders, did you ever hear any of the neighbors say whether or not he could be believed when on oath? Answer I do not recollect that I ever did Question by the Same, Did you ever hear any of the neighbors say he would tell lies to make m-- - or to defame his neighbors Answer, I have heard such reports I don t know who from. Question by the same, By whom have you heard the report that he would tell lies to defraud his neighbors? Answer I do not recollect particulars at present Further the deponent sayeth not. [signed] Abel Randall The deposition of John Davis of lawful age first being duly sworn Question by John Chrisman agent for the defendants, Are you acquainted with the general character of William Parks? Answer, I am not. And further this deponent sayeth not. [signed] John Davis Hardy County Virginia to wit, the foregoing depositions was taken before me the S A Justice for the Peace for said County, agreeable to the notice have returned this 3 rd day of October 1845 given under my hand the day above written Jonas Green [?] Justice of the Peace For Hardy County 33

39 Witness claiming one days attendance Abel Randle, Henry Moyers, Samuel May, George Lents, John See, John Davis, George Harper, also fees for summoning ten witnesses John Davis Constable [Signed] Jonas Green James Turner a witness of lawful being first duly sworn deposeth and Question by the defendants counsel, did you sell a horse to Andrew Anderson in his lifetime and if so, were you paid up when he died and if not have you been paid up since his death, if so, who paid you. Answer, yes, I sold a horse to Andrew Anderson in his lifetime and was not paid for him and I traded it off (the note) to George Harper, Anderson nor Sowders paid me nothing towards the horse the note was thirty dollars. Question by the plaintiff Counselor, do you know what became of the note you traded to Harper, Answer, I do not know, anything about the note of his own knowledge. And further this deponent saith not. [Signed] James X Turner Elizabeth Moyer of lawful age being first duly sworn deponith and saith, Question by the defendants counsel, Where did you live at the time of Andrew Anderson s death. Answer I lived at his house. Question by same, what moveable property did Andrew leave when he died as well as you recollect, Answer, 2 kettles, 2 beds pretty good ones, 2 chests 1 trunk 5 head of hogs, 1 horse, 1 look & gears 1 shovel plow 1 wall stove 34

40 1 windmill, 1 falling axe 2 small Spinning wheels 1 big wheel 1 cupboard 1 Dutch oven 1 small pot, 1 skillet 1 Spider 1 pair horse gears 1 washing tub Question by same, What part of this property if any did Philip Sowder get Answer, Philip Sowders took it all when he took the old Woman after Anderson s death to his house to live, she lived about 1 year at her own house before Mr. Sowders took her to his house. Question by Same, do you remember whether Mr. Sowders sold any part of the property before he moved the old woman to his house and if he did what part did he sell Answer, he sold the horse and I do not recollect of his selling anything else. Question by the plaintiff counsel, Were Anderson and his wife tolerably Black Negroes Answer he was a black Negro and his wife was not so black Question by Same, were you their housekeeper? Answer, I waited on the old Woman when she was sick Question by same, did you sleep in one of the beds when there Answer, I had my own bed and slept in it. Question by Same, What became of your bed Answer, It was burnt up. Question by same, Did Sowders support the old woman before he took her to his house and afterwards? Answer he did Question by same, Who sold the horse? Answer, Mr. Sowders Question by same, did the old woman keep all the other things except the horse? 35

41 Answer, Yes Question by same, Did he take the stove when he took the other property, Answer, he left the stove Question by same, were you living at Andersons when Parks & Frederick Dove called them day. Answer, I was not. Question by same, Of the days do you think there was more than 1 sow and two pigs Answer, I do not think there was that many Question by defendants counsel, Were you acquainted with Aggy Anderson the old Woman, after she moved to Mr. Sowder to live. Answer, I was. Question by same, Did she do any work after she went there. Answer, she did Question by same, how was her health after she went there to live. Answer, she could work all the time she was there until last winter, Question by same, was she an industrious woman or a lazy woman? Answer, she was industrious Question by same, When did she die? Answer, She died sometime this last summer\. Question by same, Were there any others pigs besides the sow and two pigs? Answer there was four head of hogs this sow and two pigs Question by the plaintiffs counsel, were the four other hogs small shoats, Answer, they were tolerable small Question by same, How often were you at Sowders after Aggy moved there, Answer, I do not recollect how often I was there some after she went, but I have been there tolerable often 36