MR. BATTLE, then private Secretary to Governor Dudley, addressed the following letter to the prosecuting attorney in my behalf:
RALEIGH, Nov. 3, 1840.
DEAR SIR:—Lunsford Lane, a free man of color, has been in the employ of the State under me since my entering on my present situation. I understand that under a law of the State, he has been notified to leave, and that the time is now at hand.
In the discharge of the duties I had from him, I have found him prompt, obedient, and faithful. At this particular time, his absence to me would be much regretted, as I am now just fixing up my books and other papers in the new office, and I shall not have time to learn another what he can already do so well. With me the period of the Legislature is a very busy one, and I am compelled to have a servant who understands the business I want done, and one I can trust. I would not wish to be an obstacle in the execution of any law, but the enforcing of the one against him, will be doing me a serious inconvenience, and the object of this letter is to ascertain whether I could not procure a suspension of the sentence till after the adjournment of the Legislature, say about 1st January, 1841.
I should feel no hesitation in giving
my word that he will conduct
himself orderly and obediently.
I am most respectfully,
Your obedient servant,
C.C. BATTLE.
G.W. HAYWOOD, ESQ.
Attorney at Law, Raleigh, N.C.
To the above letter the following reply was made:
RALEIGH, Nov. 3, 1840.
MY DEAR SIR:—I have no objection
so far as I am concerned, that all
further proceedings against Lunsford should
be postponed until after the
adjournment of the Legislature.
The process now out against him is one issued by two magistrates, Messrs. Willis Scott and Jordan Womble, over which I have no control. You had better see them to-day, and perhaps, at your request, they will delay further action on the subject.
Respectfully yours,
GEO. W. HAYWOOD.
Mr. Battle then enclosed the foregoing correspondence to Messrs. Scott and Womble, requesting their “favorable consideration.” They returned the correspondence, but neglected to make any reply.
In consequence, however, of this action on the part of my friends, I was permitted to remain without further interruption, until the day the Legislature commenced its session. On that day a warrant was served upon me, to appear before the county court, to answer for the sin of having remained in the place of my birth for the space of twenty days and more after being warned out. I escaped going to jail through the kindness of Mr. Haywood, a son of my former master, and Mr. Smith, who jointly became security for my appearance at court.
This was on Monday; and on Wednesday I appeared before the court; but as my prosecutors were not ready for the trial, the case was laid over three months, to the next term.