Note: Oyer and Terminer is from the French oyer et terminer "to hear and determine". Such courts historically heard only cases of felony and treason. In the United States it means a court of higher criminal jurisdiction. It would be interesting to know the reason why two slaves would murder another. There are no details given here that allow us to make any surmises. The charges though wordy give us nothing of the details of the crime. Ralf was valued at 400 dollars by the court, presumably because the county paid his owner so he could be hanged. A short time later Ned was valued at 450 dollars in the inventory of the property of his owner, Jeremiah Kirtley.

At a Court of Oyer and Terminer held for the County of Boone at the Courthouse thereof on Monday the 30th day of December 1805 for the trial of Ralf a Negro man Slave belonging to William Carter and Ned belonging to Jeremiah Kirtley who stands Committed to the Jail of this County Charged with Felony.

Gents.

The Sheriff xxxx prisoners were led to the barr in custody of the Jailer and the Sheriff returned the following pannel of a Jury, to wit, Wm Rogers, John Graves, Michael Glore, Geo. Gaines, Danl Mosby, William Graves, Wm Moore, Forrest Webb, Thos. Whittaker, Cave Montague, James McIntosh, & Edw. Webb, and the Attorney for the Commonwealth not being ready to go into trial and a witness for the Commonwealth not attending the said prisoners were remanded to Jail and coustady until Tomorrow morning 10 of the Clock.

Elzaphen Hume

At a Court of Oyer and Terminer [note] Continued & held for the County of Boone at the Courthouse thereof on Tuesday the 31st day of December 1805 for the trial of Ralf a Negro man Slave belonging to William Carter and Ned belonging to Jeremiah Kirtley who stands Committed to the Jail of this County Charged with Felony.

Gents.

Gents.

The aforesaid Ralf a negro man Slave belonging [sic] William Carter was brought to the barr in custody of John Love Jailer Charged with having murdered James belonging a Negro Man Slave belonging to John Jones as in the information exhibited and filed by the attorney for the Attorney for the Commonwealth is set forth and it being demanded of him whether hes ? guilty or not, saith that he is in no wise thereof Guilty Whereupon Came a Jury to wit, Willam Rogers, George Gains, Daniel Mosby, Wm Graves, Forrest Webb, Thomas Whittaker, Cave Montague, James McIntosh, Edward Webb, William Bates, Thos Carter, & Lewis Conner who was Sworn well and truly to enquire of the Charges and Algations in the information contained and Sundry Witnesses being Sworn & examined upon the premises, the Jury withdrew and after some time returned a Virdit the following Virdit To wit, We of the Jury impanneled for the County of Boone for the Trial of Ralf a Negro man Slave the property of William Carter for feloniously, wilfully & of his mallace aforethought murdering & killing James a Negro man Slave property of John Jones on the night of the 22nd day of the present month December in the 1805 in the County of Boone aforesaid on the Ohio river near the mouth of Second creek, do find the said Ralf guilty of feloniously, wilfully & of his mallace aforethought Killing and murdering, the said James in manner & form aforesaid, where upon it is considered by the Court that he the said Ralf be hanged by the neck until he be dead and It is ordered the Sheriff that he cause execution of this Judgment to be done on the 5th day of February next between the hours of twelve & one and thereupon the said Ralf is remanded to Jail and to the custody of the Jailer. The Court doth Value the said Ralf to four hundred dollars which is ordered to be Certified.

Ned a negro man Slave belonging to Jeremiah Kirtley was brought to the barr in Custody of the Jailer Charged with having murdered James a Negro man Slave belonging to John Jones of the County of Boone as in the information exhibited by the attorney for the Commonwealthas set forth & it being demanded of him whether he is guilty or not saith that he is in no wise thereof Guilty Whereupon Came a Jury to wit, William Rogers, George Gains, Daniel Mosby, Wm Graves, Forrest Webb, Thomas Whittaker, Cave Montague, James Monteague McIntosh, Edward Webb, William Bates, Thos Carter, & Lewis Conner who was Sworn well and truly to enquire into the Charges and algations [sic] in the said information Contained and Sundry witness being Sworn & examined upon the premises and the prisoner in his own defense, the Jury withdrew and after some time returned the following Verdit, To wit, we of the Jury impanneled for the County of Boone for the Trial of Ned a Negro man man Slave the property of Jeremiah Kirtley for feloniously, Wilfully & of his mallice aforethought on the night of the 22nd day of the present month December in the year 1805 on the Ohio river near the mouth of Second Creek Murdering & Killing James a Negro man Slave the property of John Jones do find him the said Ned guilty of Manslaughter or Murder in the second degree, whereupon it is ordered by the Court, that the said Ned be burnt in the hand in open Court immediately, by the Jailer & receive twenty five lashes on his bare back well laid on by the Sheriff, the Court then dissolved.

Elzafen Hume