I am a descendant of John McGrew, Sr. and his son John McGrew,Jr. They were neighbors to
the Brewers and Catos in old Washington Co. MS Terr./AL.
There is a case in the MS Terr./AL records that involves another son of John
McGrew...John Flood McGrew who is being sued by Sterling Cato.
I looked at microfilm last week and found this in the Superior Court records...very
difficult to read and interpret. However, I was once told by a McGrew researcher that the
case involved John Flood McGrew's killing a slave that belonged to Cato...the issue in
court being whether the slave was property and should be treated as value for lost
property or whether the matter should be considered murder. If this is that case,and I
believe it to be, it appears that the Superior Court considered the act as loss of
property...sad commentary on the era.
Unfortunately, the cases in the old Superior Court records are seldom titled as to the
charges being brought. This one has something that looks like "TvA"...could be
trespass and assault.
I was told that Flood, as he was called, went onto Cato's property, but I have no
proof of that. Also, I was told that the case ended up in the Supreme Court of AL,a
landmark case of sorts, but I have not been able to get to those records. At any rate,
this is what I found thus far, and I would appreciate anyone sharing anything you might
have discovered.
Thanks,
Sue M.
SUPERIOR COURT , WASHINGTON COUNTY, AL TERR. BOOK C
(undated but after May 1818)
Sterling Cato VS John F. MCGrew & Lewis Caller
Continued. An affadavit by defendant.
BOOK D
page 48, 1818
Sterling Cato VS John F. McGrew and Lewis Caller
(Geo. Buchanan was to be paid for his appearance of 5 days in court and 120 miles of
travel.)
page 54
Sterling Cato VS John F. McGrew and Lewis Caller
On motion of John ------, attorney for the plaintiff, ordered that Phillip Cato, Lewis
Cato and Joseph Johnston, executors of Sterling Cato, dec'd. be made party to thy
suit.
pages 56-57
Sterling Cato Executors VS John F. McGrew and Lewis Caller
(Although the page is water-damaged and it is difficult to read every word, the verdict
handed down by a jury is "the said John F. McGrew is guilty as charged in the
plaintiff's declaration." The jury awarded the Catos five hundred dollars
damages, plus costs of court. Lewis Caller was found not guilty.)
page 90
Sterling Cato VS Jno F. McGrew
Josiah D. Lister proves his attendance of 12 days in this case.