made more sense now that he knew Worthy Brown, and Caleb Barbour’s treatment of the Negro was more hideous in the context of Worthy’s miserable past.
“Now, remember, this is just what Barbour says. It’s not necessarily true. The judge will listen to the evidence both sides present in court and decide what happened based on the evidence, not on what we and Barbour say in the court papers.”
Matthew waited to make sure Worthy understood what he’d just said. As soon as Worthy nodded, Matthew began reading Barbour’s return to the petition for a writ of habeas corpus.
“‘Caleb Barbour, the respondent in said writ, makes the following return thereto, to wit: that he has the body of the said child described in the writ in his care and possession and under his control, to wit: in the county of Multnomah in the state of Oregon.
“‘That the petitioner and father of said child is of the African or Negro race and was a slave of, and owned by, the respondent for many years in the state of Georgia, where the right to hold slaves exists by the law of that state. That the said Roxanne was born in the state of Georgia as a slave and was also the property of this respondent.
“‘That in the year 1856, this respondent brought said slaves to the territory of Oregon as his servants and property.
“‘That in the year 1857, Oregon passed a constitution which, by its provisions, prohibited slavery. In that year, and for some time following, petitioner requested his freedom from respondent, and, in the year 1859, an agreement was entered into between petitioner and respondent to the effect following, to wit:
“‘That the petitioner would work for respondent for one year as a free person, but without pay, respondent to provide room and board for petitioner at no cost to him. And that this respondent was to keep Roxanne and to hold her until she came of age according to the laws of the territory, now state, of Oregon, to wit: eighteen years of age for a female. And that respondent was to hold Roxanne not as a slave, but as his ward.
“‘That this respondent has kept the child at a heavy expense while she was young and her service was of little or no value and now that she has arrived at an age when her services will be of some benefit, the respondent insists that he has the right to retain said child as his ward during her minority, as part compensation and remuneration for the expenditures made by him on her behalf.
“‘That this respondent was advised, after it became settled that the people would not be permitted to hold slaves in Oregon, to take petitioner and his child back to Georgia and there sell them, but refrained from doing so because of said agreement between petitioner and respondent, which respondent had reason to believe petitioner would abide by.
“‘Furthermore, respondent insists that it is not only his legal and equitable right to retain said child in his possession, but also that it would be far better for said child to be retained by him than to be placed in the hands of petitioner, who is poor and ignorant and unfit to have care and custody and bringing up of said child.
“‘And this respondent further says that the said child has always been well and kindly treated and used by respondent, but that said petitioner is somewhat harsh and cruel to the child.
“‘And this respondent further says he holds said child by no other authority than set forth above.’”
By the time Matthew finished reading Barbour’s answer, Worthy’s muscles were bunched and his mouth was set in a grim line.
“Those words are lies, Mr. Penny. I was never cruel or harsh to Roxanne. Never. She is my life. And I never made any agreement to give Roxanne to that man.
“And as for being poor, well, that you can see. But there is plenty of folks has got kids and is poor, and they ain’t unfit.”
“The judge won’t hold your poverty against you, Worthy, and I’m certain that Barbour alleged that you were
“Now, remember, this is just what Barbour says. It’s not necessarily true. The judge will listen to the evidence both sides present in court and decide what happened based on the evidence, not on what we and Barbour say in the court papers.”
Matthew waited to make sure Worthy understood what he’d just said. As soon as Worthy nodded, Matthew began reading Barbour’s return to the petition for a writ of habeas corpus.
“‘Caleb Barbour, the respondent in said writ, makes the following return thereto, to wit: that he has the body of the said child described in the writ in his care and possession and under his control, to wit: in the county of Multnomah in the state of Oregon.
“‘That the petitioner and father of said child is of the African or Negro race and was a slave of, and owned by, the respondent for many years in the state of Georgia, where the right to hold slaves exists by the law of that state. That the said Roxanne was born in the state of Georgia as a slave and was also the property of this respondent.
“‘That in the year 1856, this respondent brought said slaves to the territory of Oregon as his servants and property.
“‘That in the year 1857, Oregon passed a constitution which, by its provisions, prohibited slavery. In that year, and for some time following, petitioner requested his freedom from respondent, and, in the year 1859, an agreement was entered into between petitioner and respondent to the effect following, to wit:
“‘That the petitioner would work for respondent for one year as a free person, but without pay, respondent to provide room and board for petitioner at no cost to him. And that this respondent was to keep Roxanne and to hold her until she came of age according to the laws of the territory, now state, of Oregon, to wit: eighteen years of age for a female. And that respondent was to hold Roxanne not as a slave, but as his ward.
“‘That this respondent has kept the child at a heavy expense while she was young and her service was of little or no value and now that she has arrived at an age when her services will be of some benefit, the respondent insists that he has the right to retain said child as his ward during her minority, as part compensation and remuneration for the expenditures made by him on her behalf.
“‘That this respondent was advised, after it became settled that the people would not be permitted to hold slaves in Oregon, to take petitioner and his child back to Georgia and there sell them, but refrained from doing so because of said agreement between petitioner and respondent, which respondent had reason to believe petitioner would abide by.
“‘Furthermore, respondent insists that it is not only his legal and equitable right to retain said child in his possession, but also that it would be far better for said child to be retained by him than to be placed in the hands of petitioner, who is poor and ignorant and unfit to have care and custody and bringing up of said child.
“‘And this respondent further says that the said child has always been well and kindly treated and used by respondent, but that said petitioner is somewhat harsh and cruel to the child.
“‘And this respondent further says he holds said child by no other authority than set forth above.’”
By the time Matthew finished reading Barbour’s answer, Worthy’s muscles were bunched and his mouth was set in a grim line.
“Those words are lies, Mr. Penny. I was never cruel or harsh to Roxanne. Never. She is my life. And I never made any agreement to give Roxanne to that man.
“And as for being poor, well, that you can see. But there is plenty of folks has got kids and is poor, and they ain’t unfit.”
“The judge won’t hold your poverty against you, Worthy, and I’m certain that Barbour alleged that you were
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