Illegally Detained

I have only been to the Botetourt County Courthouse in Fincastle, Virginia 4 times. To my dismay, each trip was a short one. I've tried to bribe family members into going to collect documents and information, but this endeavor has been fruitless so far. It baffles me because I think I would live there if I could. I know I've barely scratched the surface of the first record room, and I'm dying to find out what else is there.

I must admit, my trips have been so quick that I don't have time to examine what I find. With whatever record group I'm going through, I just make sure to get a copy of any record that possibly has a family name I recognize. Copy now, check it later. That's been my motto on those visits. And you know what... I still haven't gone through everything I've found. (And yes, I still want/need more.)

Not long ago, I came across 2 court records I had found for my 3rd great-grandmother, Susan Fisher. (Quite frankly, I discovered a stash of records I forgot I had.) She was Truelove's mother. I have several marriage and death records listing her as the mother, the 1870 census, and a death index. But nothing like this...

Susan Girty's petition to the court. Source: Botetourt County Courthouse

This is my transcription of the above document...

"On the petition of Susan Girdy stating that she is illegally detained in the jail of Botetourt County in the custody of Samuel Hedrick the keeper true of writ of Habeas Corpus - ad subjiciendum is granted her decreeded to the said Samuel Hedrick jailer of Botetourt County commanding him to have the body of this petitioner before this court in time at the courthouse of said county on the 2nd day of April Wed. at ten o clock in the morning together with the day and cause of her capture and detainment. "

A. Mahood?

So, at some point before April 2nd, Susan was captured and detained in the county jail of Botetourt County, Virginia. Also, Susan states that this detainment is illegal. Which I assume means, she doesn't feel she has done anything wrong. So what happened? What was she accused of, and why?

Susan Girty's writ of Habeas Corpus. Source: Botetourt County Courthouse

My transcription of the above document...

Wednesday, April 2nd, 1873

"The Courts saw punishments adjournment. Present the same Judge as on yesterday. This day Susan Girdy was brought into court by the Sheriff of this county in obedience to the Writ of Habeas Corpus - yesterday on the 31st day of March 1873 - and to the Sheriff directed and the said sheriff certified that the said Susan Girdy was taken into custody and detained by virtue of a warrant and Mittimus which was iprred? by James M Figgat Mayor of the Confinalirr? of Fincastle - dated the 7th day of February 1873 - and is appearing to the Court that the said Figgat Mayor failed to certify and file with the clerk of the County Court of Botetourt any evidence of a trial? of the said Susan Girdy for any offense whatever, and it does not  appear that the prisoner has ever been tried for any offense it seems to the Court that the said Susan Girdy is illegally detained in custody and it is therefore ordered that she be discharged."

So... the mayor of Fincastle, James M Figgat, instigated a warrant for my 3rd great-grandmother, Susan Fisher Girty, on February 7, 1873. It looks as if the mayor didn't provide any evidence of wrongdoing. Yet, she was located, captured, and detained. She may have been arrested on that day, the next day, or soon after. Susan appeared in court on March 31st, 1873. Then she reappeared in court on April 2nd, 1873. I pray to God she was released that day.

Susan may have been 3 months pregnant when she was "captured" and detained. She was 5 months pregnant when she was forced to appear in court. Her youngest child, Ianthia, was born on August 1st later that year. Can you imagine the anger at being accused when you've done nothing wrong? The fear of what may happen while you're in jail, pregnant? The frustration of knowing that a black woman will be discounted, especially when the mayor is the accusor? I'm angry. I can't fathom what she or her family felt. Her husband William had 6 children to take care of, waiting for her release. Truelove was 7, how did she handle this?

I need to get back to the courthouse. I would love to find out why she was arrested. When was she actually brought in? How was she treated? There are so many documents there, with my family's names all over them.