TAR Nelson made these abstracts from testimony and affidavits, and the numbering and page references are for those original papers. I do not know if they still exist, but I included the notation, just incase. Pam
No.11
Catharine ROLLER, age 80
p.2- Knew the PERKINS slightly. Old man was called Jock, large, tall, mixed blood and not white. His wife fair skinned & named Mary. I knew Isaac, Lewis and Polly, three of their children. I knew them at 12 year old. They had the same privileges as other folks. He looks half white.
David R. KENNICK, age 77
Has known the PERKINS family 49 years. Knew Johnson HAMPTON, Wm. LINDSY & Jacob PERKINS on Roan Creek. I taught school at Perkin’s school house. Johnson HAMPTON said they were Portugese & he had seen Jacob’s father & his mother a scotch woman. Jacob’s color and features described of little darker than Joshua. Jacob and his family asociated white peoples, clerked at elections & voted & had all privileges. I lived in 2 ½ miles, never heard them called anything else than Portugeuse.
Cross. Ex.
Never heard them called negros.
No. 2
Sarah KENNICK s and aged 75
Knew them in Carter 40 years ago. The people there said they were of the Portugeuse. Johnson HAMPTON said so. Jacob’s hair straight. His color darker than Joshua. Hair combed. Knew Lydia. Some of them had light hair. I knew the relationship of the PERKINS always called Portugeuse.
Cross Ex.
Never heard them called Mulattos or Portugeuse
No. 5
Thomas COOK, aged 75
I knew old Joshua PERKINS. He was a dark skinned man, darker than Joshua. Tall and spare. He resembled an Indian more than a negro. Was generally called a Portugese. Lived well. Knew him well on Roan’s Creek. Never saw him eating. Kept company with everybody. Kept race horses& John WILSON rode them.
I knew Jacob PERKINS, father of Joshua. He lived on PERKINS Mill Creek. John WILSON lived in Crab Orchard.
Cross Ex.
Saw him at my fathers& at the races. The first Indian I ever saw was at Shown’s Crossroads. I do not know the difference between an Indian and a Portuguese. Did not see old Joshua associate with white people. It was the general opinion amongst the people that old Joshua was a Portuguese. I never heard him or Jacob PERKINS or any of them called negros. Did not mean to say Portuguese and negros were the same & misunderstood the question.
File No. 5
Elizabeth COOK, about 71
Never saw old Joshua. I heard Joshua PERKINS’ uncle’s daughter say they were not known as negro to them, they were Portuguese. Jacob PERKINS very much complected like Joshua. They kept company with decent white people & had many visitors. Nancy GRAVES, wife of Jacob, had blue eyes and yellow hair. I knew her father -a dark man - a Constable. Nancy’s mother was a white woman.
Cross Ex.
Never heard them called mixed blood, except as a flont (?) , by David STOUT. Never heard them called anything but Portuguese. I heard my mother say George PERKINS’ wife told her when she went home & found Joshua a colored man she hated it. Did not say negro.
No. 7
Nancy YOUNG, aged 66
I knew George PERKINS. My father and mother knew the PERKINS in South Carolina and always said they were Portuguese & the mother a white woman. George dark. Father treated him as a white man. George’s color a little more bluish than Joshua PERKINS. His features about the same. Father talked about George’s brothers Isaac, Lewis & others.
Cross Ex.
Never heard anyone say they were negros.
No. 3
John J. WILSON, about 70
I knew the great grand father of plaintiff, old Jock, a dark skinned and complectioned man. Rather bald, hair bushy amd long, not kinky. Races.Associated with white people. His wife said to be a Scotch woman. He had a long roman nose. Associated with Richard WHITE, Landon CARTER, and the most respectable persons. I knew John GRAVES, the great grandfather of plaintiff on mother’s side. Hair Bushy, not as curly as SMITH’s -or BUTLER’s. Was a Constible. Sent to SC for certificate.
Cross Ex.
Some of Jock’s neighbors called him a negro. They called themselves Portuguese. Some would call them negro and some Portuguese. Old Jock’s wife did not buy him. Never heard of them drinking wive’s blood. Did not tell Lilburn BERRY he was a coal black negro. Or Lilburn RAY, or WILLIAMS. John GRAVES always considered a Portuguese. His color now called in question, but when he ran for constable. I knew Lewis PERKINS who was darker than any of them but had not kinky hair, or had negro smell. He was a dark skinned man with red complexion.
Re Ex.
Old Jock generally called a Portuguese untill they fell out with him. I was constable in his neighborhood for 11 years. Understood he went into service against the Indians & his color was thrown up to him.
No. 4 Mary WILSON
I was well acquainted with Joc PERKINS, father of Joshua. A yellow man _ said to be Portuguese. They did not look like negros. I have been about his house a great deal and nursed for his wife. She was a little yellow & called of the same race. Had blue eyes and black hair. Was visited by white folks. Old Mr. GRAVES was a dark skinned white man. Hair not curley. Mrs GRAVES a dark white woman. They were called Portuguese. Jacob PERKINS a little darker than Joshua.
3rd examin.
They were never were called negros, and Old (Jock) not favor them. But two negros then in the county, owned by my father. Jacob PERKINS hair not curlier than some white men. John GRAVES chunky, Mrs. GRAVES had long straight black hair. Never called a negro. She was not a white woman but called a Portuguese.
Re. Exam.
I have heard Jacob PERKINS and his wife and old Mrs. GRAVES say they were always called Portuguese.
No. 6 James G. TIPTON aged 65
Knew Joshua PERKINS & brother 40 or 50 years. He always associated with white people. Some 40 years ago, a contest in the C. H. In a suite, and Joseph PERKINS allowed his testimony.
Cross Exam.
Some called them Negro and some Portuguese.
No. 9 Samuel VANCE, age 54
Hannah PERKINS, a daughter of Joseph, examined as a witness in the Circuit Superior Court at Burnsmith (?), after a contest & the examination of witnesses. Wm. DUGGER said he had seen old Jock & his hair curly not kinky like WOODFIN’s, & said they were Portuguese & Old Jac had been sworn before his father. My Father-in-Law Johnson Hampton said they were not Negros,but Portuguese.
Cross Exam.
Hannah a very pretty woman. Wm. DUGGER examined after Hannah.
I do not believe they are pure white. I believe they are Portuguese.
No. 10 Peter SNYDER, age 88
I knew George PERKINS, uncle of Joshua, before I was grown & he lived on my father’s place. A little darker than Joshua. Do not look like a Negro. Hair straight. I knew George’s wife Keziah.
Hyla VANCE, age 57
I knew old Jacob, Plaintiff’s grandfather. He had thin visage- a high roman nose and was darker than Joshua. Hair curly- not kinky. I was there and saw corpse of Jacob. His wife said they were Portuguese. Non of them had hair as curly as Col. Mathis. Gives names of Jacob’s children and says they all married white people. They were said to be Portuguese. I knew Portuguese darker than Joshua.
Bedent BEARD, aged 88
I knew the paternal grandfather of plaintiff. A little darker than Joshua. He was not a negro. Form and features different. Hair resembled Moran not negro. By common report Jacob was a Portuguese. Lived not far above the mouth of Roane's Creek. Have known them 40, and by reputation, 60 years. Privileges. His wife a white woman. p.10 Anna GRAVES Taken in Missouri Knew Jock PERKINS, who came here from S.C. in 1785 and died in 1801, 10th April. He was known of the Portuguese race. His wife a white Scotch woman and her name Polly. Had blue eyes and long brown hair. Old Jock said her name was Polly Black and he married in 1793. He had six children. Four of his sons served in the Revolution. I saw one of them discharged by Marion. Jacob and George drafted against Indians. I heard Mrs. Black. They went against the Indians in 1792. They said they came from and kept a ferry in S.C.
p.17
Hardy GRAVES aged 64 in Kentucky.
I knew old Jock. He was always called a Portuguese and said he came from S.C. I knew 3 of his sons and he had others. Ferry in S.C. Jacob PERKINS in the battle at Sullivan's Island near Charleston. I saw the discharge of Jock PERKINS. They were not connected with the African race.
p.19
Elizabeth PERKINS
I lived 3 months in the family of George PERKINS 40 or 50 years ago and always understood they were from S.C. and kept a ferry there. They were mustered and drafted and always claimed to be Portuguese. Jacob PERKINS the grandfather of plaintiff dark skinned but not an African. I knew Susan and John GRAVES, great-grandparents of plaintiff. No rumor that they were Portuguese.
File no. 10 continued
Sarah STOUT p.21,
aged 70--Lee County Va. I have seen old Jock, the father of Joshua, who said they came from Peedee S.C. He was a dark skinned man with slim face, slim nose and dark colored hair. He was dark skinned as the blackest of the family. All the PERKINS had white wives and were reputed Portuguese. John GRAVES a white man and the main school teacher.
Cross exam. The PERKINS not called negroes: but called mulattoes by them that was mad at them. So of the GRAVES.
Daniel STOUT aged 77,
p.23 Knew George, Jacob, Joshua, & Lewis 65 years ago. They said they came from Peedee S.C. and called themselves Portuguese and were so called in the neighborhood. I lived near them 40 years. They married white women. I knew old John GRAVES. Never saw old Jock. Never heard him called a negro. People in those days said nothing about such things. One of the GRAVES called a mulatto. Nancy had black hair and blue eyes. Martha Shuffield aged 75 file no. 8 Saw Plaintiff's great grandfather. He looked dark. Always understood they were called Portuguese. Never heard them called negroes except in malice. Old Jacob PERKINS had nice features and none of them resembled negroes. Polly PERKINS about the color of Joshua. Associations and privileges. I have lived a neighbor to him for 50 years. Nancy GRAVES said to be a Portuguese. She was fair skinned. John GRAVES her father, rather a brown skinned man. His wife crazy and mixed with Portuguese.
X exam.
I saw old Jock through a crib and I thought he looked as black as a negro, but might be mistaken. I have often heard people call them negroes through malice.
Perkins Trial Home
Trial Notes
For the Plaintiff
For the Defendant
Intstructions for the Jury
Verdict
Copyright 1998, 1999
Pamela R. Cresswell
