Eight From Rowan: The Waite-Puntenney Fugitive Slave Act Trials

Map of Adams County, Ohio. Blue Creek and Rome on lower right. From Caldwell’s Illustrated Historical Atlas of Adams County, Ohio. Page 69.

Technically, slavery only existed in Rowan County, Kentucky for nine years. This is because the county was formed in 1856 and, in 1865, the Thirteenth Amendment closed the loophole in the Emancipation Proclamation that allowed slavery to exist in border states.

Of course, slavery had been entrenched in the areas that eventually became Rowan County, most recently sections of Fleming and Morgan Counties, from well before its creation. Likely, from before even statehood itself.

Slave census population numbers are illustrative. In 1850, Fleming County had 2,137 slaves while Morgan County, which was less populated, more mountainous and thus less suited to large-scale agriculture, only had 187.

Ten years later, Rowan County, which took from Fleming County its furthest eastern portion, held 142 slaves. Its enslaved population very well could have been 150, if, four years prior, one slave family hadn’t escaped.

A Family Escapes

On September 12, 1856, a black man named Lewis, his wife, and six children – three boys, three girls – owned by a slave owner named Squire B. Million, left Rowan County, crossed the Ohio River, and sought refuge in the home of David Waite.

Waite, an abolitionist, lived with his wife and children in the vicinity of Blue Creek, near Rome, in Jefferson Township, in Adams County, Ohio. Rome was a riverside village that straddled the Ohio River, facing, on the other side, Lewis County, Kentucky.

As anti-slavery attorney John Jolliffe later put it, David Waite “gave them [Lewis and family] such accommodation at his house as he would have given to any other traveler.”

While David Waite was clearly an unofficial conductor on the underground railroad, much of his subsequent defense circled around the notion that he did not, in fact, know that Lewis and his family were fugitive slaves.

Within days of their arrival, after learning of their presence there, Squire B. Million met with Lewis at David Waite’s home. He intended to bring his slaves back to Kentucky. He would later claim that Lewis agreed to go back with him.

However, the next day, when Million returned, the slaves were gone. Lewis and his family fled to Canada, where they could get beyond the reach of the long arm of slavery, and the terrible grasp of the Fugitive Slave Act.

The Fugitive Slave Act

The Fugitive Slave Act of 1850 had been a clear concession to the southern slave states. To make extradition easier, and to bypass northern abolitionist interference, the Act established the office of slave commissioner before whom matters of escaped slaves could be examined.

The commissioners were vested with the authority to remand so-called fugitives back into slavery.

The Act further dealt with abolitionists and others who would aid fugitive slaves in their escape. Anyone found guilty of assisting or harboring fugitive slaves would be subject to a one thousand dollar fine and up to six months in jail.

According to Emmett D. Preston in “The Fugitive Slave Acts in Ohio”, about the Act, “It is said that more slaves were seized and returned to slavery during the first year of its existence than had been carried back during the preceding half century.”

An associated problem only grew worse. Slave catchers, who were more or less professional kidnappers, routinely seized freed black people, dragged them before federal slave commissioners, and upon the flimsiest of evidence, got them sent south into bondage.

Unfortunately, due to the rampant racism of those times, black people, free or enslaved, were not permitted to testify in their own defense.

Ohio held a complicated mixture of opinions regarding slavery. Its southern half leaned towards supporting the rights of slave states while its northern half leaned toward curbing the excesses of the institution. Vocal abolitionists were rarer. Still, many were against the 1850 Act.

The Trial of David Waite

In late October 1857, at their opening session, in Cincinnati, District Judge Humphrey H. Leavitt addressed the grand jury for the Southern District of Ohio. 

Leavitt outlined his thoughts on the Fugitive Slave Law. He instructed that in order for someone to be found guilty for harboring someone, “there must have been a knowledge that the person escaping was a fugitive slave . . .”

With that in mind, the grand jury soon indicted David Waite for violating the Fugitive Slave Act. He was arrested at his home by U.S. Deputy Marshals B.P. Churchill and John C. Elliot. Apparently, there was some talk of staging a rescue in Adams County but none came.

On Saturday, October 31st, Judge Leavitt set David Waite’s bail at one thousand dollars. James Puntenney and John K. Stout “went upon his bond.”

James Puntenney, who would soon prove himself intimately involved with the affair, was another Adams County stop on the underground railroad. His family, pioneers in the area, were, in general, “very active” and “all original Anti-slavery . . .”

John K. Stout’s father Obediah had been perhaps the first white settler in Greene Township, which just south of David Waite’s Jefferson Township, bordering the Ohio. John Stout owned a fine farm on the edge of riverside Rome.

Simultaneously, David Waite was being sued by Squire B. Million for $8,000 in damages in civil court. It is unclear how those proceedings went.

As for the criminal case, David Waite managed to secure for his defense the well-known anti-slavery lawyer John Jolliffe. Jolliffe, who was based in Cincinnati, had often argued Fugitive Slave Act cases before Judge Leavitt.

The trial of David Waite began on Monday, November 9th, 1857 with jury selection. District Attorney Stanley Matthews reiterated the charges from the indictment while defense attorney John Jolliffe outlined his argument.

The slaves, Jolliffe told the jury, had knowingly been sent into Ohio by Squire Million because he wanted to get them beyond the reach of debt collectors. Million’s brother had provided them with a written pass granting them permission to travel. 

David Waite had “merely entertained” the slave family in his kitchen, and, so far from thinking them fugitives, had even sent word to Million about where the slaves were. 

Only after Million had realized that the slaves couldn’t be taken from him to pay for his debt, since they were technically the property of his wife, had he gone to Adams County to retrieve them. Or so Jolliffe alleged.

Court adjourned until nine o’clock the following morning, November 10th.

Taking the stand, Squire B. Million testified that the slaves in question had escaped on or about September 12th, 1856, while Million had been away in Flemingsburg. After learning of their absence, he had offered a two hundred dollar reward for each slave returned.

Million denied the debt angle. He claimed “there was no judgment or execution against [him] at the time; had paid all for the negro Lewis, except $300.” He had never permitted Lewis to go to Ohio before and knew nothing of his brother previously coming to Ohio with the sons.

Million said that William Shaw, David Waite’s brother-in-law and next-door-neighbor, had stayed with him for several days after the slaves had escaped. Shaw was apparently there under the guise of looking for land to buy. 

Eventually, though, Shaw had told Million where his slaves were.

Some five days after the enslaved family’s abscondence, Million and Shaw had gone north to David Waite’s home. Million claimed that he soon convinced Lewis to return to Rowan County. However, he left the slaves there for the evening, and found them gone the next day.

Million told the court that another Kentuckian had told Waite that Million would sell Lewis if he got him.(This was the implied motive for helping them escape. It was common, cruel practice for slave owners to separate slave families by selling them off to different buyers.)

After Million left the stand, Charlotte Ham also testified on behalf of the prosecution. She lived with the Millions but it is unclear whether she was a relative or a servant. 

(The 1850 Fleming County census shows a nine-year-old girl named Eliza Jane Ham living with Squire and his wife, with other Ham households around, and seventeen year old Charlotte Ham in the nearby home of Harrison Hankins.)

Charlotte told the jury that Lewis and his family had left after supper while Mr. Million was away from home. Ham said that no one noticed the slaves were gone until the next morning.

The defense called their witnesses next. Taken together, their version of events is markedly different than Squire Million’s and provides a more vivid, if not necessarily one hundred percent accurate, portrait of the slave family’s journey northward.

George Petit operated a ferry on the Ohio River, most likely in Lewis County. Lewis and family had arrived at Petit’s ferry with a white man after sundown. There they waited, presumably making camp, until dawn. 

The next morning, Sunday, September 14th, Petit took the black family over. Apparently, only then did he think to ask Lewis if he had a pass permitting them to travel freely.

Lewis did not have one but easily could get one. Petit took him back to the Kentucky side where the white man who had come with them waited. That man wrote a pass permitting Lewis and family to travel freely and signed it Million. He also gave Lewis his coat.

William Shaw testified thereafter. He claimed he went to Rowan County to find Squire Million upon David Waite’s behalf. He told Million where his slaves were. Waite, Shaw said, wanted to double check that the slaves were indeed free, as they had “represented themselves.”

Shaw had asked Million, “what course was to be followed if the slaves were in danger.” (Presumably, from slave catchers.) Million, or so Shaw claimed, told him that the slaves should be taken away if such danger came.

Shaw also gave Million a letter from Lewis and received a dress from Mrs. Million to give to Lewis’ wife.

Squire Million had asked Shaw to take him to David Waite’s house, “so that he could furnish clothing for the children.” Shaw agreed. Along the road they met a man named Waller who had seen the slave family going north. Million told Waller that he had set his slaves free.

Along those same lines, according to Shaw, Million later told Shaw’s wife why he had sent his slaves north: to avoid debt execution.

Shaw further stated to the court that he had seen Lewis and family upon their initial arrival at David Waite’s home. They had come north with two horses and some furnishings. Furthermore, “there was no effort to conceal the slaves; they went about the usual farm work . . .”

District Attorney Stanley Matthews cross-examined the witness.

William Shaw told that Squire Million had spoken to Lewis several times after Shaw brought Million to Waite’s home. Shaw claimed no knowledge of when the slaves had left. He denied that he owned the wagon the slave family had gone further north to Canada in.

Shaw admitted that he had warned Waite to “have nothing to do with running the slaves off . . .” However, Shaw continued to assert that Million had told his wife he wanted to take the slaves back for “he had learned that his wife’s property could not be taken to pay his debts . . .”

The next witness, J.G. Sanders, alleged that he saw Lewis and his family while in Vanceburg, which is the county seat of Lewis County. Sanders claimed there was a white man who presented himself as Million traveling with the black family.

But, clearly, the man Sanders saw was not the same person as the Squire B. Million who sat across from him in the courtroom.

James Puntenney, who had earlier stood for Waite’s bail, testified then. He admitted that he first met the slaves the day they crossed the Ohio on George Petit’s ferry. He believed them to be free, seeing as they had a pass for themselves as well as for “a sorrel mare and a horse.”

Puntenney allowed the black family to stay the night in his barn. Lewis mentioned he was interested in finding a farm to rent. Puntenney’s son had just such a farm to let. The next day, Puntenney went to see him but found out the rental house wouldn’t be free for at least two weeks.

That was a long time to have to sleep in a barn. Thus James Puntenney went to David Waite’s home and asked him if the black family could stay in Waite’s kitchen until Puntenney’s son’s farm house was free.

Under cross-examination by Matthews, Puntenney testified that his wagon had not left his home the night the slaves fled from David Waite’s. He further stated that John Cox, a laborer who worked for Puntenney, had borrowed his horses that night.

A subsequent defense witness, William M. Jaynes, told the court that he overheard Squire B. Million telling several other men that he “intended the slaves should come to Ohio.”

District Attorney Stanley Matthews called forth two more sympathetic witnesses. 

James Blue, who, like Charlotte Ham, also lived with Squire Million, confirmed that the slaves initially left Rowan County while Mr. Million was gone, and that Million had offered rewards for their return.

Under cross-examination by Jolliffe, Blue promised that Million had not tried to go after the slaves until he learned from Shaw where they were. He stated under oath that he had not heard Million tell Lewis that he should go away while Million was in Flemingsburg.

Samuel Montgomery was called next. He testified simply that he had seen Squire Million while he was in Adams County and had been told by Million that he was going to see a lawyer to ask for legal advice about his slaves.

Afterward, Squire Million took the stand again. Million claimed to have never had a private conversation with William Shaw, even though Shaw had stayed at his home. He had neither told Shaw nor his wife that he had sent his slaves to Ohio on purpose. He did not authorize his brother or anyone else to take the slaves to the ferry or to give them a written pass.

John Jolliffe was allowed to cross-examine Squire Million. Million told him that the Waller he and Shaw had met on the road had told them where the slaves were. Million further said that Mrs. Shaw had told him, about his slaves, “Let the poor things go.”

In short, Squire B. Million entirely denied that he had allowed his slaves to cross over into a free state on purpose. As the Cincinnati Daily Enquirer put it, Million and the defense witnesses “flatly contradict each other.”

Both the prosecution and the defense finished presenting their evidence by noon. The court went into recess until two in the afternoon. Thereafter, the attorneys presented their closing arguments.

District Attorney Stanley Matthews asked the jury to find David Waite guilty for harboring fugitive slaves. Waite, Matthews argued, had known they were fugitives from the start. He had further “aided and abetted in their escape . . .”

Defense attorney John Jolliffe heartily disagreed. He asked the jury to find David Waite not guilty because Lewis and his family were in Ohio with their master’s permission. He further stated that there was no evidence Waite had helped the slaves escape from his house.

Judge Humphrey H. Leavitt had a clear history of acting favorably to slave owner interests. The outcome of the Margaret Garner case, as well as the Addison White affair, which was a literal battle of overlapping jurisdiction, make that clear.

Yet Leavitt still instructed the jury to find David Waite not guilty if they believed he believed the slaves had permission to be in Ohio. As The Marysville Tribune paraphrased, “slaves coming thus to free soil are enfranchised as soon as they arrive . . .”

The jury entered deliberations. The Anti-Slavery Bugle reported their initial ballot as eight for conviction and four for acquittal. At six o’clock that evening, they were dismissed for the day. 

The next morning, each ballot went nine for conviction and three for acquittal. At eleven o’clock, the jury told Judge Leavitt that they had not agreed upon a verdict and would not be likely to do so. They were hung.

John Jolliffe attempted to have his client retried as soon as possible. He told the judge that he had new evidence which would “throw much light on the issue.” Judge Leavitt, however, refused to try the case without District Attorney Stanley Matthews at hand.

Instead, a second trial for David Waite was set for December 22nd, “the third Tuesday of December”, with James Puntenney and John K. Stout again standing good for his one thousand dollar bond. That second trial does not seem to have ever taken place.

The Trial of James Puntenney

However, also on November 11th, Squire B. Million filed charges with United States Commissioner George M. Lee against James Puntenney for violating the Fugitive Slave Act. Deputy United States Marshal B.P. Churchill arrested James Puntenney. 

That same day when Waite’s neighbor William Shaw filed charges against Squire B. Million for committing perjury. Shaw alleged that, in the courtroom, after jury deliberations began, he overheard Million admit aloud he had given his slaves permission to come into Ohio.

There, claimed Shaw, “was an agreement that the negro should return, or the master should come after him, as soon as some pecuniary troubles were ended.”

Deputy Marshal Churchill arrested Million upon Shaw’s word the same day he arrested Puntenney upon Million’s word.

Squire B. Million was arraigned before Commissioner Lee at three o’clock in the afternoon of November 11th. He was represented by Judge Spooner. John Jolliffe served as prosecution.

William Shaw repeated his allegation that he had heard Million admit he had sent his slaves to Ohio in Judge Leavitt’s courtroom.

Called next, James H. Hall, who operated a flatboat on the Ohio River, testified to having had a conversation with Million the day before wherein Million had told him just how Lewis came to be in Ohio.

Supposedly, Million had sold Lewis, but Lewis, perhaps to stay with his family, had desperately wanted to be bought back. Million had done so with a hefty loan he seems to have been unable to repay. Lewis had taken his family north to avoid being resold.

William M. Jones, who had testified in Waite’s trial for the defense, now reiterated his claim that, when Million had been in Adams County looking for his slaves, he overheard him say he consented for the slaves to come to Ohio.

In the end, Puntenney had clearly incriminated himself with his testimony but Million’s crime was secondhand. Commissioner Lee dismissed his charges and postponed the case against Puntenney for November 18th.

Puntenney’s bail was set at either five hundred or one thousand dollars.

The trial of James Puntenney provides several more details about the flight of the enslaved, if the testimony is to be trusted. John Jolliffe defended James Puntenney, while Hunter Brooke stood as prosecutor.

One little wrinkle in the case is that during Puntenny’s trial Squire Million claimed that he had heard his slaves were at Puntenney’s before he learned they were at Waite’s. This seems unlikely unless he learned of their presence from someone other than William Shaw.

David Waite’s niece stated under oath that James Puntenney was not at her uncle’s house on the night that Lewis and his family disappeared.

She further gave September 17th as the date the slaves fled. (Cincinnati Daily Enquirer must have been mistaken when they wrote 1857 in their reporting. It is very unlikely that Lewis and his family stayed with David Waite for over a year. Other newspapers give 1856 instead.)

Other defense witnesses, including Waite’s neighbor William Shaw along with J.S. Rose, Joseph Newman, John and Francis Piatt, Joseph and William Montgomery, and Austin Mellis all claimed that they had heard Squire Million say the slaves were in Ohio with his permission.

Some of them alleged it wasn’t Million who sent the slaves north but Million’s brother with Million’s permission. Either way, if the many defense witnesses were to be believed, Lewis and family were not, in fact, fugitive slaves when they crossed the river.

For the prosecution, Joseph Cross testified that he went to James Puntenney on September 17th in order to tell him that Million was at Waite’s house, and that the Million intended to retrieve his slaves. Cross claimed he went to Puntenney upon David Waite’s behalf. 

Waite apparently wanted Cross to enlist Puntenney’s aid in helping Lewis and his family escape from Million.

John Cox, the laborer who worked for Puntenney and who Puntenney previously testified had borrowed his horses the night Lewis and family escaped, also appeared for the prosecution. He stated that Punteney had him drive a wagon to Waite’s with Puntenney’s son John.

Together, they picked up Lewis and his family and took them north.

Commissioner Lee apparently placed more trust in Miss Waite and the other defense witnesses than he did in the word of Cross or Cox.

He ruled there was good evidence James Puntenney had not been at David Waite’s house the night in question and also that there was no reason to believe Puntenney knew that Lewis and family were fugitives.

Despite admitting that it was improbable that Million had been so ignorant of the law as to send his slaves to Ohio willingly, Commissioner Lee ultimately seemed to buy that line of thinking.

Whoever had given Lewis and his family a travel pass had also provided David Waite and James Puntenney with a helpful legal buffer.

Commissioner Lee declared that it wasn’t unreasonable for Puntenney and Waite to have thought the slaves were there with their master’s wishes. Lee added that “Million was a very unintelligent man, and his recollections so confused that he did not probably remember . . .”

James Puntenney was thus acquitted.

The prosecution had also wanted to examine James’s son John Punteney, who also faced trial for violating the Fugitive Slave Act. However, John Jolliffe objected to examining the younger Puntenney in the absence of Squire B. Million. 

Million had apparently gone home to Kentucky.

With his trial date moved, John Puntenney paid $500 bail and promised to appear before the Commissioner again on Friday, November 20th.

However, that trial did not occur then, “owing to the non-arrival of witnesses considered important by the defense.” It is unclear whether it was postponed or whether the charges were dropped. It is quite probable that Squire B. Million did not care to reappear in Ohio.

Aftermath

Perhaps no further news, which so far I have found, means good news for Waite and the Puntenney’s. Still, in David Waite’s case, at least, it appears that either his court costs or his legal bills, or a combination of both, left him in rather serious debt.

In a 1894 letter to researcher Wilbur H. Siebert, P.N. Wickerham, an Adams Countian, said Waite “was broken up” in defending the suit. Edward O’Conner Purtee, who studied under Siebert and had access to his research, later described Waite as “virtually bankrupted.”

David Waite died in 1864, one year before the last enslaved people in the border states were finally emancipated.

James Puntenney died on May 7, 1890, on his farm on Stout’s Run in Adams County. His son John Puntenney later moved to Portsmouth, Ohio. In 1895, in a return letter, John’s nephew George H. Puntenney told Wilbur H. Siebert to write to his uncle. George Puntenney said that both James and his brother S.W. “were brothers of my father and did run off n——.”

After his first wife Jane died in 1869, Squire B. Million appears to have married the same Charlotte Ham who testified on his behalf during the Fugitive Slave Act trial. She might have been his brother’s widow. Squire died in 1873.

Humphrey H. Leavitt, who had previously been a state legislator and United States Congressman, continued serving as a federal judge in Ohio until he resigned in 1871. He died in Springfield, Ohio two years later.

John Jolliffe, who “in every possible way showed his detestation of slavery”, moved from Cincinnati to Washington City, Ohio after the Civil War. In 1868, his Washington City law office caught fire and was put out. In its aftermath, Jolliffe died of illness.

Lewis, his wife, and their six children are unfortunately lost to the anonymity of history. They make up eight of an estimated total 20,000 enslaved African-Americans who, in the decade before the Civil War, escaped to freedom in Canada.

*

Sources

Rowan County formed in 1856. Acts of the General Assembly of the Commonwealth of Kentucky Passed at the Session Which Was Begun and Held in the City of Frankfort, on Monday, the 31st of December, 1855, and Ended Monday, the 10th of March, 1865. Vol. 1. Frankfort, KY: A.G. Hodges, State Printer, 1856. Pages 4-7.

Fleming County, 1850 Slave Population Census.  “Fleming County (KY) Slaves, Free Blacks, and Free Mulattoes, 1850-1870,” Notable Kentucky African Americans Database.

Morgan County, 1850 Slave Population Census.  “Morgan County (KY) Slaves, Free Blacks, and Free Mulattoes, 1850-1870,” Notable Kentucky African Americans Database.

Rowan County, 1860 Slave Population Census.  “Rowan County (KY) Slaves, Free Blacks, and Free Mulattoes, 1860-1880,” Notable Kentucky African Americans Database.

Lewis and family’s escape on September 12, 1856.  Haldeman, W.N., and Durrett, R.T., eds. “U.S. District Court. – The trial of David Wait . . .” Louisville Daily Courier (Louisville, Kentucky), November 12, 1857. Page 3. https://www.newspapers.com/image/119190182/ Available digitally through Newspapers.com.

David Waite, living in Blue Creek.  1850 Federal Census, Ohio, Adams, Jefferson. “David Wait”. See also 1860 Federal Census, Ohio, Adams, Jefferson. “David Waite”.

Waite gives Lewis accommodation as he would any other traveler. Bailey, G., ed. “Fugitive slave cases are plentiful in Cincinnati.” The National Era (Washington, D.C.) November 19th, 1857. Page 3. http://www.newspapers.com/image/339121882/ Available digitally through Newspapers.com.

Waite, underground railroad.  P. N. Wickerham to Wilbur Siebert, August 9, 1894, in Wilbur H. Siebert Underground Railroad Collection, Ohio History Connection, https://www.ohiomemory.org/digital/collection/siebert/id/1481/rec/3

Waite, underground railroad, more evidence. William Hill to Wilbur Siebert, September 18, 1894, in Wilbur H. Siebert Underground Railroad Collection, Ohio History Connection, https://ohiomemory.org/digital/collection/siebert/id/731

Lewis and family’s ultimate escape to Canada. Faran, James. J., ed. “The Case of David Wait – Charged with Harboring Fugitive Slaves in Adams County, Ohio.” Cincinnati Daily Enquirer (Cincinnati, Ohio), November 11, 1857. Page 3. Available on microfilm at William T. Young Library (University of Kentucky).

Details of the Fugitive Slave Act. Henry, Natasha L., “Fugitive Slave Act of 1850”. In The Canadian Encyclopedia. Historica Canada. Article published January 13, 2014; Last Edited September 07, 2018. https://www.thecanadianencyclopedia.ca/en/article/fugitive-slave-act-of-1850

The Fugitive Slave Act in Ohio. Preston, Emmett D. “The Fugitive Slave Acts in Ohio.” The Journal of Negro History 28, no. 4 (1943): 422-77. https://www.jstor.org/stable/2714948?seq=56#metadata_info_tab_contents Quote from page 547.

Judge Leavitt instructs grand jury. Thoburn, D. “U. States District Court – Judge Leavitt’s Charge to the Grand Jury – The Slave Law”. Belmont Chronicle (St. Clairsville, Ohio). October 29, 1857. Page 1. https://www.newspapers.com/image/78679263/ Available digitally through Newspapers.com.

Marshals Churchill and Elliott arrest David Waite. Robinson, Marius R., ed. “Our Infamous Union!” The Anti-Slavery Bugle (Salem, Ohio), November 14, 1857. Page 2. https://www.newspapers.com/image/80609228/ Available digitally through Newspapers.com.

Rumors of a rescue attempt. Starbuck, C.W., ed. “Daniel Waite, of Adams County, Having Been Indicted . . .” Cincinnati Daily Times. November 2, 1857. Page 3. Available on microfilm at the Main Library of the Public Library of Cincinnati and Hamilton County.

October 31st, the day Waite’s bail is set. “Arrested For Harboring Slaves.” Cincinnati Daily Gazette. November 2, 1857. Page 2. Available at Main Library of the Public Library of Cincinnati and Hamilton County. Amusingly, the Daily Gazette mistakenly said Million was from Dearborn County, Kentucky, which does not exist. It also misprinted his last name as William.

Puntenney and Stout go upon Waite’s bond. see above Robinson, Marius R., ed. “Our Infamous Union!” The Anti-Slavery Bugle (Salem, Ohio), November 14, 1857.

Puntenney, underground railroad conductor.  see above P. N. Wickerham to Wilbur Siebert

Puntenney family “very active” in abolition movement.  see above William Hill to Wilbur Siebert

Puntenney family “all original Anti-Slavery” Caldwell, J.A. “The Puntenney Family” Caldwell’s Illustrated Historical Atlas of Adams County, Ohio. Neward, OH: J.A. Caldwell. Page 59

John K. Stout, about. Caldwell, J.A. “John K. Stout” Caldwell’s Illustrated Historical Atlas of Adams County, Ohio. Neward, OH: J.A. Caldwell. Page 29

Million sues Waite in civil court. “The Indictment for Harboring Slaves.” Cincinnati Daily Gazette (Cincinnati, Ohio). November 10, 1857. Page 2. Available on microfilm at the Main Library of the Public Library of Cincinnati and Hamilton County.

Details of Waite trial.  see above “The Indictment for Harboring Slaves.” Cincinnati Daily Gazette 

Details of Waite trial, Million in Fleminsburg. see above Faran, James. J., ed. “The Case of David Wait – Charged with Harboring Fugitive Slaves in Adams County, Ohio.” Cincinnati Daily Enquirer 

William Shaw, Waite’s brother-in-law. see above “The Indictment for Harboring Slaves.” Cincinnati Daily Gazette 

William Shaw, also Waite’s next-door neighbor. 1850 Federal Census, Ohio, Adams, Jefferson. “William Shaw”. See also 1860 Federal Census, Ohio, Adams, Jefferson. “William Shaw”. Both census list Shaw as Waite’s next door neighbor.

Million’s testimony, regarding William Shaw’s visit. see above “The Indictment for Harboring Slaves – Trial Under Fugitive Slave Law.” Cincinnati Daily Gazette

Million’s testimony, regarding seeing Lewis in Adams County.  see above Faran, James. J., ed. “The Case of David Wait – Charged with Harboring Fugitive Slaves in Adams County, Ohio.” Cincinnati Daily Enquirer 

Charlotte Ham in 1850 Census. 1850 Federal Census, Kentucky, Fleming, Division 2. “Harrison Hankins”. Charlotte listed at bottom of Hankins’ household. Squire Million’s household further up on the same page.

Ham’s testimony, regarding Million being away.  see above Faran, James. J., ed. “The Case of David Wait – Charged with Harboring Fugitive Slaves in Adams County, Ohio.” Cincinnati Daily Enquirer 

Petit & Shaw’s testimony. see above “The Indictment for Harboring Slaves – Trial Under Fugitive Slave Law.” Cincinnati Daily Gazette

“what course should be taken if the slaves are in danger”  see above Faran, James. J., ed. “The Case of David Wait – Charged with Harboring Fugitive Slaves in Adams County, Ohio.” Cincinnati Daily Enquirer 

Shaw gave letter from Lewis to Million. see above “The Indictment for Harboring Slaves – Trial Under Fugitive Slave Law.” Cincinnati Daily Gazette

Shaw got dress from Mrs. Million for Lewis’ wife. see above Faran, James. J., ed. “The Case of David Wait – Charged with Harboring Fugitive Slaves in Adams County, Ohio.” Cincinnati Daily Enquirer 

Shaw’s testimony, regarding taking Million to Adams County. see above “The Indictment for Harboring Slaves – Trial Under Fugitive Slave Law.” Cincinnati Daily Gazette

J.G. Sanders testimony. see above Faran, James. J., ed. “The Case of David Wait – Charged with Harboring Fugitive Slaves in Adams County, Ohio.” Cincinnati Daily Enquirer 

Puntenney’s testimony.  see above “The Indictment for Harboring Slaves – Trial Under Fugitive Slave Law.” Cincinnati Daily Gazette

More of Puntenney’s testimony. see above Faran, James. J., ed. “The Case of David Wait – Charged with Harboring Fugitive Slaves in Adams County, Ohio.” Cincinnati Daily Enquirer

John Cox, as laborer who worked for Puntenney.  Faran, James. J., ed. “The Slave-Harboring Case in Adams County – Jas. J. Putney Acquitted”. Cincinnati Daily Enquirer (Cincinnati, Ohio). November 19, 1857. Page 3. https://www.newspapers.com/image/32017684/ Available digitally through Newspapers.com.

Puntenney’s testimony, regarding Cox borrowing horses.  see above “The Indictment for Harboring Slaves – Trial Under Fugitive Slave Law.” Cincinnati Daily Gazette

Testimony of William Jaynes, James Blue, Samuel Montgomery, and Squire Million (again).  see above “The Indictment for Harboring Slaves – Trial Under Fugitive Slave Law.” Cincinnati Daily Gazette

Million and defense witnesses “flatly contradict each other” see above Faran, James. J., ed. “The Case of David Wait – Charged with Harboring Fugitive Slaves in Adams County, Ohio.” Cincinnati Daily Enquirer

Matthews and Jolliffe’s closing arguments. see above “The Indictment for Harboring Slaves – Trial Under Fugitive Slave Law.” Cincinnati Daily Gazette

Judge Leavitt’s role in Addison White case. May, Samuel, Jr. The Fugitive Slave Law and Its Victims. New York, NY: American Anti-Slavery Society, 1861. Pages 68-73.

Marysville Tribune quote. McBratney, Samuel, ed. “At the present session of the U.S. Circuit court . . .” The Marysville Tribune (Marysville, Ohio). November 18, 1857. Page 1. https://www.newspapers.com/image/325419469/ Available digitally through Newspapers.com.

Jury’s initial ballot. “Harboring Slaves” The Anti-Slavery Bugle (Salem, Ohio). November 28, 1857. Page 1. https://www.newspapers.com/image/80609253/ Quoting the Cincinnati Gazette. Available digitally through Newspapers.com.

Jury dismissed at six o’clock. see above Faran, James. J., ed. “The Case of David Wait – Charged with Harboring Fugitive Slaves in Adams County, Ohio.” Cincinnati Daily Enquirer

The next morning ballots. see above “Harboring Slaves” The Anti-Slavery Bugle (Salem, Ohio)

Hung jury. Boardman, J.L., ed. “The jury in the case of David Wait . . .” The Highland Weekly News (Hillsborough, Ohio). November 19, 1857. Page 3. https://www.newspapers.com/image/70781610/ Quoting the Cincinnati Gazette. Available digitally through Newspapers.com.

Judge Leavitt refuses retrial without Stanley Matthews presence. see above “Harboring Slaves” The Anti-Slavery Bugle (Salem, Ohio)

Second trial for Waite set for December 22nd. U.S. vs. David Waits, case #31. Record Group 21 U.S. District Court, Southern District of Ohio, Order Book, 1803 to 1938, volume 3. Pages 171, 173-175. In National Archives at Chicago.

Million files charges against Puntenney and Shaw files charges against Million. see above “Harboring Slaves”. The Anti-Slavery Bugle. The Anti-Slavery Bugle reported September 20th as the date Putney harbored Million’s slaves while The National Era reported September 26th. The 20th seems more likely.

Million’s examination before Commissioner Lee. Faran, James J., ed. “Squire B. Million Arrested.” Cincinnati Daily Enquirer (Cincinnati, Ohio), November 11, 1857. Page 3. On microfilm at William T. Young Library (University of Kentucky).

Puntenney’s bail, as $500. see above Bailey, G., ed. “Fugitive slave cases are plentiful in Cincinnati.” The National Era

Puntenney’s bail, as $1000. “Squire T. Million, who was charged with perjury . . .” Cincinnati Daily Times (Cincinnati, Ohio). November 12, 1857. Page 3. Available on microfilm at the Main Library of the Public Library of Cincinnati and Hamilton County.

Puntenney’s trial, Million’s claim he thought his slaves were with Puntenney initially.  “The Fugitive Slave Case – Another Arrest – Aiding to Escape.” Cincinnati Daily Gazette (Cincinnati, Ohio). November 19, 1857. Page 2. Available at the Main Library of the Public Library of Cincinnati and Hamilton County.

Testimony of David Waite’s niece, William Shaw and other defense witnesses.  see also “Harboring Slaves.” The Anti-Slavery Bugle.

Testimony of Cox and Cross and acquittal of Puntenney. Faran, James. J., ed. “The Slave-Harboring Case in Adams County – Jas. J. Putney Acquitted”. Cincinnati Daily Enquirer (Cincinnati, Ohio). November 19, 1857. Page 3. https://www.newspapers.com/image/32017684/ Available digitally through Newspapers.com.

John Puntenney’s trial postponed (or cancelled). Faran, James J., ed. “The Slave-Harboring Case in Adams County.” Cincinnati Daily Enquirer(Cincinnati, Ohio), November 21, 1857. Page 3. Available on microfilm at William T. Young Library (University of Kentucky).

Waite “broken up” by court case. P. N. Wickerham to Wilbur Siebert, August 9, 1894, in Wilbur H. Siebert Underground Railroad Collection, Ohio History Connection, https://www.ohiomemory.org/digital/collection/siebert/id/1481/rec/3

Waite “virtually bankrupted” Purtee, Edward O’Conner. “The Underground Railroad from Southwestern Ohio to Lake Erie.” PhD diss., Ohio State University, 1932. Page 113. Available digitally through the Wilbur H. Siebert Underground Railroad Collection at Ohio History Connection.

David Waite, death in 1864. Find A Grave, database and images (https://www.findagrave.com : accessed 08 August 2019), memorial page for David Waite (16 May 1807–8 May 1864), Find A Grave Memorial no. 40744302, citing Drake Cemetery, Blue Creek, Adams County, Ohio, USA ; Maintained by Debbie J (contributor 46890655).

James Puntenney, died 1890. Evans, Nelson W., and Emmons B. Stivers. A History of Adams County, Ohio. West Union, OH: E.B. Stivers, 1900. Pages 668-669.

John Puntenney, move to Portsmouth. Geo. H. Puntenney to Wilbur Siebert, December 5, 1895, in Wilbur H. Siebert Underground Railroad Collection, Ohio History Connection, https://www.ohiomemory.org/digital/collection/siebert/id/1574

Squire B. Million marries Ham, dies in 1873. Wimmer, Nellie Million. Millions of Virginia and Kentucky. Portage, MI: Wimmers’ Unlimited, 1999. Page 16. Available at the Martin F. Schmidt Research Library in the Kentucky History Center at Frankfort, Kentucky.

Judge Leavitt, career in Congress, death 1871. History, Art & Archives, U.S. House of Representatives, “LEAVITT, Humphrey Howe,” https://history.house.gov/People/Listing/L/LEAVITT,-Humphrey-Howe-(L000183)/ (August 08, 2019)

John Jolliffe, death in 1868. Historical, Genealogical, and Biographical Account of the Jolliffe Family. Philadelphia, PA: L.B. Lippincott Company, 1893. Pages 115-117. Available as ebook through Google Books.

Lewis and family, eight of 20,000. see above Henry, Natasha L., “Fugitive Slave Act of 1850”. In The Canadian Encyclopedia.

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