At a court of oyer & terminer summoned & held at the court house of Southampton County on the 6th day of Febuary 1839 for the trial of Frank a negro man slave belonging to Samuel t. James of this county for feloniously aiding and abetting Jeff a negro man slave in committing a rape upon the body of Polly Oney a white female person of the county aforesaid on the public highway in said county on the evening of the 31st day of January last past. Present Jeremiah Cobb, James Clayton, Samuel B. Hines, Nicholas M. Tebrell & William H. Nicholson Gents
The court being thus constituted the said Franks was set to the bar in custody of the jailor and being arraigned pleaded not guilty and sundry witnesses were sworn and examined to with Polly Oney, Sally Kitchen, Eliza Deloach & Thomas C. Jones were sworn & examined and the prisoner fully heard by James L. French his counsel assigned him by the court. The court after hearing the evidence and upon due consideration and of all the circumstances of the case are unanimously of opinion that the prisoner is guilty of the felony aforesaid of which he stands charged and it being demanded of the prisoner if anything for himself he had or knew to say why the court should not now proceed to pronounce judgment against him according to law and nothing being offered or alledged in delay of judgment it is considered by the court that the prisoner be hanged by the neck until he be dead and that execution of this judgment be made and done upon him the said Frank by the sheriff of this county on Wednesday the 13th day of March next between the hours of ten o clock in the forenoon and two o clock in the afternoon of the same day at the usual place of execution. And thereupon the said Frank is remanded to jail, and application being made by the prisoner counsel that the court would recommend that the executive would commute the punishment of the prisoner to transportation and the court unanimously overruled the said application.
And the court value the said slave Frank to the sum of eight hundred dollars. [ACopy Teste?] L. R. Edwards Cle