In 1810, William Tompkins's eighteen-year-old slave Armstead ran away and after several months the owner believed that he was either dead or had made it to a free state. Eleven years later, Tompkins reports that "he received a letter from the said Slave Armstead, stating that he was confined in the Jail of [Caroline] County, under a charge of felony." Upon his visit to said jail, Tompkins "found the slave Armstead confined as a free negro, under the name of John Tyree," who was accused of raping Betsy Fitzhugh Gray. Tompkins states that he applied for a writ of habeas corpus, and when the writ was granted he explained to the court's satisfaction that John Tyree was in fact his slave Armstead. In November 1821, on various points of law, the County Court sent the case to the General Court, which ruled that the evidence concerning Tyree's status was not admissible. Tompkins reports that said Armstead, or Tyree, has been convicted of the charge and sentenced to fifteen years in the penitentiary. The petitioner therefore seeks “redress for the Injury he has sustained."
Result: Reasonable.
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Repository: Library of Virginia, Richmond, Virginia
