William McDonald and John Esselman, guardians for Harriet McLure Esselman and Margaret and James Esselman, ask the court to confirm the sale of a slave named Dave belonging to "the joint estate of their said wards." The petitioners inform the court that Dave was "taken up upon a States Warrant for arson, or burning the Barn of Hampton Phillips in said County of Giles." He was jailed after he "admitted his guilt of said crime, & would in all probability, have been indicted, & convicted of said crime, & suffered the penalty of death therefor." Recognizing that Dave would then be "a dead loss" to the children, the petitioners "agreed with said Phillips to take said negro slave out of the State," compensate Phillips for the barn, and pay the prosecution's court costs, thereby avoiding a lengthy trial. Dave was released from jail and "immediately" carried off and sold for $900, "the highest price they could get for him under the circumstances." They now ask the court's permission to use the proceeds from the sale to pay the fees of Dave's defense attorneys. They also ask to be "released from all liability & responsibility as guardians aforesaid."
Result: Granted.
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Repository: Tennessee State Library and Archives, Nashville, Tennessee
