In Charles City County Court the 19th day of March 1840 The Commonwealth of Virginia against Eliza Ann - a free negro emancipated since the first of May 1806, by the will of John Clarke decd [deceased]....Deft. [defendant] }On a presentment of the Grand Jury made against the defendt at November term 1837, for remaining in this Commonwealth, and in this County more than twelve months after her right to freedom occurred, and more than twelve months after she attained the age of Twenty one years, on which presentments and Information was filed at May Term 1838.
This day came as well the attorney prosecuting for the Commonwealth in this Court, as the defendant by James E Roane her attorney, and said defendant by her said attorney saith, that she is not guilty in manner and form as in the Information against her is alledged; and of this she putteth herself upon the Country, and the attorney for the Commonwealth doth the same and issue being joined, thereupon came a Jury To wit Jerome M Vaiden, Zachariah F Nance, Beverly A Walker, Benjamin F Adams, William H Taylor, Canellem C Folkes, Thomas B New, Burwell Challermer, James R Roper, William Hubbard, Joseph S New, and Patrick Pearman who being elected tried and sworn the truth to speak upon the issue joined, upon their oath returned a verdict in the words following To wit "We the jury find the defendant guilty". Therefore it is considered by the Court that the Sheriff of this County make sale of the said Eliza Ann at Charles City Courthouse on the third thursday in April next, being Court day, for Cash.
Costs for prosecution Clerk........$9.67 Attorney.....2.50 Sheriff........3.33 Witness ..J J Clarke 4.24 [Total].....$19.74
Returned Pursuant to the within Judgment and Order of sale in the Case of the Commth: against Eliza Ann, I took the said Eliza Ann and had her at the Courthouse of Charles City County on Thursday the 16th day of April 1840, being Court day for said County, when and where between the legal hours of sale, I sold her publicly to the highest bidder for Cash, when James M [illegible] became the purchaser of said Eliza Ann at the price of Sixty nine dollars, that being the highest bid made for her. Amount of sale....$69.00 Shff Commissions..$3.45 Costs of prosecution 19.75 & 23.19 [Total] $45.81 James M Wilhose Shff Copies Teste Ro: W: Christian [illegible] 5th May 1840