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WILLIAM HAYS v. ANDREW BORDERS.
[*46] Appeal from Perry.
1. PLEADING--joinder of actions. When the same plea may be pleaded and the
same judgment given on all the counts of a declaration, or wherever the causes of ac
tion are of the same nature, and may properly be the subject of counts of the same
species of action, they may be joined; otberwise they can not.
2. ApPRENTICESHIP--indenture. Under the third section of the act concerning
apprentices, any two justices of the peace in any county may bind out any poor child,
etc.; but it is not necessary in terms to describe, in the indentures, the person so bound
out as a "poor child." (a)
3. SAME--evidence of. The original authority for indenturing and registering serv
ants, with the mode of proceeding therein, IS found in the law of the territory of In
diana, entitled 'an act concerning the introduction ofnegroes and mulattoes into this territory" passed Sept. 17, 1807. This act was continued by the territorial legislature
of Illinois, by virtue of an act passed Dec. 13, 1812, wherein it is enacted that "all
laws passed by the legislature of Indiana territory, which were in force on the first
day of March, 1809, in that territory, that are of a general nature and not local to
Indiana territory, and which are not repealed by the governor and judges of
Illinois territory, are hereby declared to be in full force and effect in this terri
tory." Under this law, the offices of the clerks of the court of common pleas were the
depositaries of the books of indentures and registries of negroes, etc., and those clerks
were the officiating ministers in the matters recorded in such books. The territorial
acts creating the supreme and county courts divested the court of common pleas of its
CASES CITING TEXT. § 6; S. & C.'s Stat. p. 296; Cothran's
(a) See R. S. 1874, ApPRENTICES, ch. 9, Stat. (1885) p. 111.
1844.] HAYS v. BORDERS. 46-47
Statement of the Case.
vitality, and by virtue of the act establishing the latter, the clerks of that court were
invested with the same authority in relation to the registry of indentures as were the
clerks of the common pleas, when that court existed. They, therefore, were the suc
cessors of those clerks, and their powers and duties in reference to such proceedings,
were identical. The clerks of the county commissioners' courts subsequently became
the successors of the clerks of the county courts, and their certIficates are, consequently
evidence of the authenticity and contents of the books of registry of indentures depos
ited in their office.
4. SAME--case re-affirmed. In regard to the sufficiency of a certificate of registry,
the point settled in the case of Phoebe v. Jay, Bre. 207, is recognized in this case. The
facts necessary to warrant the registry need not be recited in the registry.
5. DEPOSITION--notice to take. A notice of the taking of depositions need not
state the residence of the witnesses.
6. SAME--measure of damages for enticing away. In an action for damages for
enticing away the plaintiff's servants, the following instruction was glven to the jury,
to wit: "that the plaintiff, if entitled to recover at all, would be entitled to recover
the value of the services lost, up to the time of the commencement of the suit, the rea
sonable expenses necessarily incurred in getting said servants back again, and dama
ges for the loss of time, trouble and injury sustained until the commencement of
this suit in consequence of the taking away of the negroes." Held, to be correctly
7. INSTRUCTION--as asked may be modified. A court may not refuse to give any in
struction to the jury, compatible with the law and applicable to the pleadings and the
proof, when called for by either party; but, in giving such instruction, is not imper
atively bound to adopt, as its own, the language in which it may be asked.
That language may be, and when, in the estimation of the court, it is calcula-[* 47]
ted to mislead the jury, should be so modified or changed as to prevent such a
result, but not so as to alter the proposed exposition of the law.
8. SAME--approved in case of entici1lg a10ay registered Woman (slave). An instruc
tion to the jury, that "if the jury believe from the evidence that the plaintiff lost the
entire service of the registered woman, in consequence of defendant's acts, the plain
tiff is entitled to the value of the term of her service" was held to be correctly
given. (b)
THIS was an action on the case brought by the appellee against
the appellant, in the PerrY circuit court, to recover damages for
aiding, assisting, and enticing away his indentured servants. The
trial came on at the April term, 1844, before the Hon. JAMES
SHIELDS and a jury, when a verdict was rendered in favor of the
plailltiff below for $300. The declaration contained seven
counts, the substance of which appears in the opinion of the court.
L. TRUMBULL and W. H. UNDERWOOD, for the appellants: It
is objected to the declaration, that it contains counts, some of
which are for a penalty founded on the statute, and others for such
damages as could have been recovered at common law, which is a
misjoinder. 1 Chitty's Pl. 229, 448, 231 ; 1 Tidd's Practice, 11.
The indentures of apprenticeship do not show that the persons
bound were poor children, or such as two justices of the peace
had a right to bind out, and are consequently void. R. L. 68;
Demar v. Simonson, 4 Blackf. 132 ; Reidell v. Morse, 19 Pick. 358;
and their departure from Borders' service was not unlawful. Bos
ton Glass Manufactory v. Binney, 4 Pick. 425.
(b) Notice of intention to sue out dedi- v. Choteau, 18 Ill. 439, 442.
mus, need not name commissioner. Cole
48-49 HAYS v. BORDERS. [Dec. T.
Brief of Counsel.
The certified copy of what purported to be a registry of one of
said servants was improperly admitted in evidence, said registry,
not being in the accordance of the territorial laws, not properly
certified. Territorial Laws, 468, 469. The court of common pleas
was abolished in 1814, and before the time of said registry; hence
a copy of a record of the clerk of that court in 1817 is a nullity.
Territorial Laws, 337, 339, 345, 348.
The declaration no where claims damages for an entire
[*48 ] loss of the services of the registered woman; consequently
the instruction, that if the jury believed from the evidence
that plaintiff lost her entire services in consequence of defendant's
acts, the plaintiff would be entitled to recover the value of the
term of her service, was erroneous. 1 Chitty's Pl. 444; 1 Tidd's
Had plaintiff declared for an entire loss of the term of the reg
istered servant a portion of which was unexpired at the commence
ment of the suit, still the instructIOn would have been erroneous.
Hambleton v. Veere, 3 Saund. 170, case 80 ; 1 Chitty's Pl. 444.
The value of the services lost and reasonable expenses incurred
in the recaption of said servants, was the proper measure of dam
ages in this case, and consequently the instruction, that the plain
tiff was entitled to recover, in addition, damages for the loss of
time, trouble and injury sustained until the commencement of the the
suit by reason of the taking away said servants, was calcula
ted to mislead the jury and erroneous. 1 Chitty's Pl. 444 ; 1 Tidd's Prac. 445.
The court was bound to give the instructions asked by defend
ant, they being inconformity with law. The State of Illinois v.
Wilson, 2 Scam. 226.
The testimony in the case did not show that defendant had any
knowledge that the persons claimed by plaintiff below, were his
servants or apprentices, nor in any manner warrant the finding of
the jury, and therefore a new trial should have been granted.
Stuart 4 Simpson, 1 Wend. 376; Boston Glass Manufactory v.
Binney, v. 4 Pick. 425.
G. P. KOERNER, for the appellee, as to misjoinder of the causes
of action, cited Minot's Digest, 577; and as to the sufficiency of
the indentures, Laws of 1827.
No defect in registry can be taken advantage of here. 1 U. S.
Digest 198, § 114; Territorial Laws, 425, §§ 5, 6.
The county court was the successor of tbe court of common
The court did not err in substituting, for the instruction
asked, the modified instruction. As to the other instruc
[*49] tions the court decided correctly, particularly as to the
value of the entire term of service. If the servant was
but one or two months over four years of age, the term had ex
1844.] HAYS v. BORDERS. 50
Opinion of the Court.
pired when suit was commenced; at all events, the term had ex
pired at the time of trial.
If two instructions are given, 0ne of which is improper, they
will be considered together, and judgment, for such reason, will
not be reversed.
The presumption is that the verdict is upon the good counts
when some are good and others bad. Minot's Digest, 192, Div.
D. J. BAKER, on the same side: It is perfectly immaterial
whether these indentures were void or not in this case. The
ouly question was, were the servants enticed away de facto the
servants of the plaintiff?
The certificate of the clerk of the county commissioners' court
was sufficient evidence of the transfer of the records of the court
of common pleas into that court.
The doctrine in regard to apprentices does not apply; conse
quently the instructions given were right. Singleton's Will, 8
Dana, 319; Lively v. Ball, 2 B. Monroe's R. 53; 5 Ala. 242.
THOMAS, J. This was an action on the case for aiding, assist
ing, and enticing away servants and apprentices, brought by the
appellee against the appellant.
The declaration contains seven counts. The first count is for
aiding, etc., four of plaintiff's servants to absent themselves from
his service, whereby, as he says, he lost their services from 15th
September to 1st December, 1842, and was put to great trouble
and cost, and expended a large sum of money, viz.: $200, in
getting the servants back into his possession.
The second count charges the enticing away of Sukey, the
plaintiff's registered servant, whereby he alleges that his said serv
ant was wholly lost to him, and that he was put to great
trouble and cost, and compelled to expend a large sum of [*50]
money, to wit: $200, in recovering possession of her.
The third count is for enticing away one servant of the plaint
iff, and is, in other respects, similar to the first.
The fourth count is for enticing away three apprentices of the
plaintiff, and the fifth, sixth, and seventh counts are each for en
ticing away one of his apprentices.
To these several counts the defenrlant demurred and, they
being held sufficient by the court, withdrew his demurrer, and
pleaded not guilty. The jury impanelled for the trial of the
issue on this plea found the defendant guilty, and assessed the
plaintiff's damages at $300.
A motion was made for a new trial, which was overruled, and
judgment rendered on the verdict.
During the progress of the trial a bill of exceptions was filed,
preserving all the testimony in the cause, and the exceptions
51 HAYS v. BORDERS. [Dec. T.
Opinion of the Court.
taken to the various opinions of the court. The case is brought
into this court oy appeal, and the appellant assigns for error
the insufficiency of the declaration, the admission of illegal and im
proper testimony, the gi ving and refusing certain instructions to
the jury, and the refusal to grant a new trial.
It is objected to the declaration that it is defective by reason
of a misjoinder of counts and causes of action, in this, that it
contains counts for a penalty founded on statute, and others for
such damages as could have been recovered at common law. The
result of authorities on the subject of the joinder of different
forms of action is said to be that "when the same plea may be
pleaded and the same judgment given on all the counts of the
declaration;" or, "wherever the causes of action are of the same
nature, and may properly be the subject of counts in the same
species of action, they may be joined; otherwise they can not." 1
Chitty's Pl. 229; 1 Tidd's Prac. 11. Tested by these rules the
declaration is not obnoxious to the objection urged against it.
It is not suggested by the counsel, nor perceived by the
court, that anyone of the counts is insufficient in itself; the
judgment is, therefore, not assailable on the ground that
[* 51] entire damages were rendered upOn the declaration, etc.
The items of evidence offered to the jury by the ap
peller, and objected to by the appellant, and the legal admissibility
of which in evidence is now questioned by the assignment of
errors, consist of
1. The several indentures of Jarrott, Anderson, and Harrison,
the apprentices named in the declaration, respectively entered
into before two justices of the peace of Randolph county, by and
with the consent of the probate justice of the peace of said
2. A paper, in the words and figures following, to wit:
"Registry of Negroes, Mulattoes, etc.
| | | | | | | |
|Person's | |By whom | | |For what length|From where |
Date. |name | Age. |entered.|Color. | Sex.|of time entered|last brought.|Remarks.
|entered. | | | | | | |
| | | | | | | |
| | | | | | | |
1817 | |About | And'w. | | |Until 32 years | |
Jan'y |Sukey |five |Borders.|Black. |Fema | of age. |Georgia. |
10th | |years | | | | | |
| | | | | | | |
"State of Illinois, |
Randolph county. | I, Ferdinand Maxwell, clerk of the
county commissioners' court in and for said county, do hereby
certify that the foregoing is a true copy from the records of the
registry of negroes and mulattoes, as the same exists of record
1844.] HAYS v. BORDERS. 52
Opinion of the Court.
among the records of the court of common pleas, in and for the
connty of Randolph, in the late 1llinois Territory, and now in my
office, into which they have been transferred.
In testimony whereof, I have hereunto set my hand and affixed
the seal of said court, this 8th day of April, A. D.
[Seal] 1844.
F. MAXWELL, Cl'k."
And 3d. The depositions of Peter Frans and Sally Newman.
These questions as to the admissibility of evidence, I will dis
pose of in the order in which they are made.
Then, first, as to the indentures of apprenticeship. They are
said to be defective in not showing, in express words, that
the persons bound were poor children, or such as two
justices had a right to bind out, and consequently void. [*52]
In this view of the subject, I do not concur. The au
thority of the justices for binding out the apprentices named in
these indentures is found in the third section of the "act respect
ing apprentices" (R. L. 69; Gale's Stat. 53;) and which makes
it lawful for any two justices of the peace in any county of this
state to bind out any poor child, who is, or shall be chargeable to
the county, or shall beg for alms, or shall be unaiJle, by reason of
infancy or inability, to take care of and support himself, or her
self, etc., to be apprentices, etc. The indentures in question do
not describe the persons thereby bound out as pOOr children, it is
true; nor, as I apprehend, were they required by this act to do
so, in terms.
They, however, do describe the child bound out in each case,
as a negro child, named, etc.; the natural child of Sukey, a regis
tered servant, etc., and "unable, by reason of infancy and inabil
ity, to support himself." Could the indenture be required to
furnish any other intrinsic evidence of the poverty of the children
than is here done by describing them as the illegitimate offspring
of a parent, herself in bondage, and, of course, destitute of the
means of supporting them? I think not. The recital, therefore,
in this respect, substantially, and in all others, literally conforms
to the requisitions of the statute.
This doctrine in no wise conflicts with that expounded in the
cases relied upon hy the appellant's counsel. The first of those
cases, Demar v. Simonson, 4 Blackf. 132, simply settles that in
dentures which show upon their face that they are execnted in
cases not warranted by law are void; and the other, Reidell v.
Morse, 19 Pick. 358, that indentures executed under a statute
should recite the cause of the binding out, and that such recital
is not conclusive, but in an action by the parent for the services
of the child, might be contradicted by evidence aliunde.
It has been held in England, that in cases like this, the
defendant can not avail himself of any objection to the in
53-54 HAYS v. BORDERS. [Dec. T.
Opinion of the Court.
denture of apprenticeship, 2 H. Black. 511-7 Term. Rep.
310, 311, 314-1 Anstr. 256; and that an apprenticeship de
facto would always suffice against a wrong doer, though
[* 53] there was no legal apprenticeship. 6 Mod. 69; 1 Salk.
68. But whether that doctrine would be recognized by
this court or not is needless now to determine. It is sufficient
for the purpose of this question, that the indentures under con
sideration are, by their own showing, legal.
The next question to be examined grows out of the objection
of the appellant to the introduction, in evidence, of the paper
purporting to be a certified copy from the registry of negroes and
mulattoes in Randolph county. It is insisted that that paper
was inadmissible in evidence for the following' reasons, to wit:
First. Because no court of common pleas existed on the
tenth day of January, 1817, the date of such supposed registry.
Secondly. Because, if said certificate of the clerk could be so
construed as to prove the act of registering to have been done
before the clerk of the county court of said county, at the date
thereof, still that act of registry was void, as it should be, by
law, have been made with the clerk of the supreme court of the
territory, within and for that county, and not otherwise; and
Thirdly. Because such registry was void, by reason of its
not stating the precise age of the servant registered, nor showing
that such registry was made in the time prescribed by law, nor
by whom the person registered was brought into the territory.
An examination of these objections necessarily involves an in
quiry into the mode of acquiring property in the services of
negroes and mulattoes, by registering or indenturing them, under
the territorial laws. In making such inquiry, I will notice the
objections, not in the order they are made, but in reference to
their relative importance. In this particular, then, the second
objection requires the first and most thorough investigation.
The disposition of the others, of course, might control or affect
the result of this suit, but upon the determination of this, de
pend the rights of very many persons to illnch and valuable
The authority for indenturing and registering servants,
[* 54] with the mode of proceeding therein, is found in the law
of the territory of Indiana, entitled "an act concerning
the introduction of negroes and mulattoes into this territory"
passed September 17, 1807. Territorial laws of Indiana.
The first and second sections of this law authorize the intro
duction of negroes and mulattoes over fifteen years of age into
the territory, in certain cases, and the indenturing of such ne
groes and mnlatioes within thirty days thereafter, in the pres
ence of the clerk of the court of common pleas, who is required
1844.] HAYS v. BORDERS. 55
Opinion of the Court.
to make a record thereof in a book to be kept by him for that
purpose. Ibid. 467, 468.
The fifth section provides for holding negroes and mulattoes
under fifteen years of age to serve their masters or possessors,
males until thirty five, and females until thirty two years of age.
Ibid. 468.
The sixth section prescribes the mode of registering servants,
and is as follows, to wit: "any person removing any negro or
mulatto into this territory, under the authority of the preceding
section, it shall be incumuent on such persons within thirty days
hereafter to register the name and age of such negro or mulatto,
with the clerk of the court of the common pleas for the proper
county." Ibid. 469.
A separate government for Illinois territory was established
by an actof congress passed Feb. 3, 1809; and afterwards by an act
passed by the territorial legislature of Illinois, Dec. 13, 1812, it
was enacted that "all laws passed by the legislature of Indiana
territory, which were in force on the first day of March, 1809,
in that territory, that are of a general nature and not local to
Indiana territory, and which are not repealed by the governor
and judges of the Illinois territory, are hereby declared to be in
full force and effect in this territory. lb. 33, 24. The law of
1807 above referred to, not having been repealed in manner afore
said, was thus continued in force as a law of the Illinois territory,
and no other provision on the subject was ever afterwards specifi
cally made by legislative enactment. So long, therefore, as the
courts of common pleas remained with powers and jurisdic
tion unimpaired by legislative innovation, no doubt could or [* 55]
did exist, as to the proper officer before whom this cere
mony was to be performed. The offices of the clerks of those
courts were the depositaries of the books of indentures and
registries of negroes, etc., and those clerks were the officiating
ministers in the matters recorded in such books. But, after
wards, when those courts were abolished, their jurisdiction and
powers parcelled out among other tribunals, and the duties and
functions of their clerks divided among, and required to be per
formed by the clerks of other courts, doubts were engendered,
and in the minds of some persons, would seem still to exist, as
to the functionaries inheriting this prerogative of their clerks.
A careful examination of the several provisions of law dis
tributing the jurisdiction and powers of the courts of common
pleas between the supreme court of the territory and the county
courts established in the several counties of the territory, and
devolving the powers and duties of the clerks of the former tri
bunals, upon those of the latter, by distribution, together with
a general reference to the nature of the jurisdiction of those
several courts succeeding to the powers and jurisdiction of the
56 HAYS v. BORDERS. [Dec. T.
Opinion of the Court.
courts of common pleas, and to the purposes of their creation,
are necessary to the solution of such doubts. I therefore proceed
to such examination, in the confident belief, that I can demon
strate that, by the operation of the several laws to be considered,
negroes and mulattos might properly have been indentured and
registered before clerks of the common pleas and county courts,
whether they could have been before any other officers or not.
The act entitled "an act establishing a supreme court for Illi
nois territory" approved December 13, 1814, was the first to
take from the courts of common pleas any of their jurisdiction
and powers; but those courts were not entirely abolished by it.
It impaired their powers and curtailed the duties of their func
tionaries, but did not annihilate them, and among the resicluum
of duties remaining to be performed by their clerks was, as I con
ceive, that under consideration. lbid. 337.
But it is insisted by those who put a different construction
upon this law, that it operated to take from the clerks
[*56J of the court of common pleas the custody of the books of
the indentures and registries of negroes, etc., and giving
it to the clerks of the supreme court, thereby to transfer from
the former to the latter officers, the powers and privileges inci
dent to the keeping of those books. This exclusive authority
claimed for the clerks of the supreme court, is derived under
the thirteenth and fourteenth sections of the law enacting as
follows, to wit:
"Sec. 13. A clerk shall be appointed by the governor of the
territory, in each county, whose duty it shall be to issue process,
in all cases arising in his county; to keep and preserve the rec
ords of all the proceedings of the court therein; and to do and
perform in his county all the duties now enjoined on the clerks
of the general court, and the several clerks of the courts of com
mon pleas, except those which relate exclusively to county busi-
ness, of which the court hereby established has no original juris
"Sec. 14. Whensoever the governor shall appoint a clerk as
aforesaid, it shall be his duty if any court of common pleas shall
have been established in the county to demand of the clerk of
said court of commpn pleas therein all the books and papers in
his possession, except those which relate to the county business,
of which the court hereby established has no jurisuiction, and
such clerk of the court of common pleas shall deliver the same
under the penalty of one thousand dollars" etc. Ibid. 339.
This language of these provisions of law, it is conceded, does
not leave the question under consideration free from doubts.
The difficulty is found in determining what duties are excepted
from the transfer of duties, from the clerks of the courts of com
mon pleas to the clerks of the supreme courts. Ifsuch only were
1844.] HAYS v. BORDERS. 57-58
Opinion of the Court.
intended to be designated by the exception, as solely affected the
interests of counties, as corporations, then the duty of clerks
of the common pleas connected with the indenturing and register
ing of servants was not embraced therein, and did devolve on the
clerks of the supreme court. But I think that such is not the
proper construction of the language used. My impres
sion is, that the exception included not only duties relat- [*57]
ing to mere county business, but also such as related
to any and all other business, of which the supreme court had
no original jurisdiction.
In this view of the subject, the extent of the transfer of cleri
cal duties in this case, would be measured by the jurisdiction of
the supreme court. That jurisdiction is defined, the nature and
character of those courts are exhibited, and the powers and privi
leges of their judges are enumerated in the sixth section of the
act establishing supreme courts (Territorial laws 337), and the
third section of the law supplemented thereto, passed December
22, 1814. By reference to those laws, it will be seen that the
entire powers and jurisdiction of the general courts were merged
in this tribunal, and that it also absorbed "all the common law
jurisdiction" whether of a civil or criminal nature, with which
the courts of common pleas had been vested, not inconsistent with
the principles of the law creating it; while all the powers and
duties which were, previous to the passage of the law establishing
the supreme comt, vested in and enjoined on the judges of the
courts of common pleas, and the judges of the general court so far
as the same were connected with the jurisdiction or duties of the
supreme court, were vested in and required to be exercised by its
judges. Looking, then, for the limits of the judicial and clerical
powers and duties conferred on the functionaries of the supreme
court, into the laws establishing the courts from which those
powers and duties were derived, and it appears that the supreme
court was clothed with original and appellate jurisdiction for the
trial of civil and criminal causes only, and therefore intended for
purely judicial purposes. Ibid. 303, 305, 312.
Then why claim for the clerks of the supreme court any other
duties than those incident to or connected with its jurisdiction?
Why not fix the same limits to the transfer of clerical, that is by
law assigned to that of judicial fnnctions? The courts of com
mon pleas being still left in existence, why strip their clerks of
powers and privileges peculiarly appropriate to their office, and
confer them on the clerks of other tribunals, brought into
existence for wholly different pnrposes, when the legisla- [ *58]
ture expressly refuses to clothe their judges with any
powers incompatible with the jurisdiction legitimately exercised
by them? A single instance of the operation of such a construc
tion will suffice to prove it incorrect. By "an act concerning
59 HAYS v. BORDERS. [Dec. T.
Opinion of the Court.
executors and administrators" passed September 17, 1807, cer
tain probate powers were conferred upon clerks of the common
pleas courts in vacation, subject to revision by those courts (to
which it gave plenary probate powers,) in term time. This power
of the clerks was incident to the jurisdiction of the courts, and
such jurisdiction not being conuected with or relating to the
trial of causes civil or criminal, and therefore not passing to the
supreme court, this duty, of course, did not pass to the clerks of
that court. If it were otherwise, then by separating the jurisdic
tion from its incident, it would follow that the courts of common
pleas would possess the power of revising clerical duties, which
their clerks could not perform; while, on the other hand, clerks
of the supreme court might perform certain duties which that
court could not revise, those duties being, in either case, to some
extent inoperative without judicial sanction. Then this duty, al
though not relating to county business, did not devolve upon the
clerks of the supreme court, for the reason that it did relate to
business of which that court had no jurisdiction.
But there are other laws in pari materia, necessary to be con
sidered in the investigation of this subJect. The act of immola
tion of the common pleas was not consummated by the law creat
ing the supreme court. Those tribunals, shorn of all their more
general powers and jurisdiction as courts, still survived for pur
poses incompatible with the nature and duties of the supreme
court, until by the "act concerning county courts" passed De
cember 19, 1814, they were deprived of their last vestige of vital
ity. By that law courts of common pleas were made to pass
quietly out of existence, and a new creature, styled county courts,
to supply their place, while, by a sort of legisiative metempsy
chosis, the soul of the former was caused to enter into and ani
mate the boJy of the latter.
By a comparison of the provisions of the law establish
[ * 59] ing county courts, with the enactments in relation to the
courts of common pleas, it will be seen, that the organiza
tion, powers, duties and jurisdiction of these two courts were
identical, and therefore, that the legislature, instead of creating
a new tribunal, may be said to have only intended, in the exer
cise of their undoubted prerogative, to change the name of an old
one. But be this as it may, the propriety of indenturing and reg
istering negroes and mulattoes before clerks of the county courts,
as originally required to be done before clerks of the courts of com
mon pleas is undoubted. If the powers and duties of the clerks
of the courts of common pleas, in reference to such proceedings,
had not been transferred from them to the clerks of the supreme
court, by the law establishing the latter court, then this law con
tinued those powers and duties with the clerks of the county
courts; while, on the other hand, if those powers and duties had
1844.] HAYS v. BORDERS. 60
Opinion of the Court.
been thus taken away from the clerks of the common pleas, they
were hereby restored to their successors, the clerks of the county
A careful examination of several of the provisions of the law
concerning county courts, will prove the foregoing positions to be
correct. The first section, after providing for the establishment
of county courts, enacts that "the said courts shall have, possess
and exercise all and every of the powers, privileges and jurisdic
tion (as near as may be,) and perform the same duties, that the
courts of common pleas of the respective counties might lawfully
have performed on the first day of Novemuer last, except so far
as relates to the trial of causes civil and criminal, over which the
county courts shall have no jurisdiction, for the trial thereof."
thus, then, it is apparent, that if the act of December 13, 1814, had
stripped the courts of common pleas of any other attributes than
those pertaining exclusively to judicial proceedings, this law ex
pressly restores to the legal succession of those courts all such
attributes, thereby leaving to the supreme court no jurisdiction
derived from that source, except in relation to the trial of causes
civil and criminal. Ibid. 345, 346.
But again, by the fourth section it is enacted, that "the
clerk of said court shall be appointed in the same manner, [* 60]
in all respects as the clerks of the courts of common pleas
were appointed, and they shilll have the same power in court, and
in the vacation thereof, and perform the same duties, that the
celrks of the courts of common pleas could or might have done, and
the clerks shall have the same fees that are allowed by law. Ibid.
347, 348. Is not this language sufficiently explicit for the pur
pose of continuing to clerks of county courts, all of the powers
and duties of clerks of common pleas touching the matter of indent
ruing or registering negroes, etc., if not previously divestted by law,
or if divested, of restoring them? I think so, most certainly. The
clerk of the common pleas could or might have exercised this
power and performed this duty either in court time or vacation,
and they consequently come within the class of duties and pow-
ers conferred by this section on clerks of county courts. But if
this delegation of powers is to be measured, with reference to the
rights of clerks of the common pIcas to the exercise of powers
and performance of duties, not at any and all times during tbeir
official existence) but at some particular period of time, then this
section is to be construed in connection with the first section, and
it follows, that as this power and duty do not relate to the "trial
by the common pleas of causes civil and criminal" the clerk of
the common pleas could have exercised and performed them on
the first day of November, 1814, and therefore clerks of the
county courts could properly do so, under this law. Then, in any
aspect in which the provisions of this law can be viewed, authority
61-62 HAYS v. BORDERS. [Dec. T.
Opinion of the Court.
for the performance by clerks of the county courts, of the duty
claimed for them, may be legitimately deduced under this law.
Ibid. 347, 348.
But, in addition to this law, there was another act supple
mental to it, and intended to relieve it from its supposed ob
scurity, passed December 24, 1814, to which reference here is
barely necessary, as it did not accomplish its intended office
of explanation. It simply requires, so far as it relates to
clerks of county courts, that those clerks shall perform all
the duties, before its passage, vested in, or required of the
[* 61] clerks of the courts of the common pleas, so far as the same
duties related to the powers and jurisdiction of the county
courts, and "all other duties that had not been transferred either
expressly, or by necessary implication, to the clerks of the supreme
court" but no others. I think I have shown, that the duty under
consideration had not "been transferred either expressly, or by
necessary implicatiun, to the clerks of the supreme courts" and,
therefore, that it is recognized by this law, as belonging to clerks
of the county courts, as, had this law not been enacted, it would
have been.
However, satisfactory as the foregoing conclusions would seem
to be, they can not be said to be removed entirely beyond the
pale of doubt, so far as they go to show the powers and duties
claimed for clerks of the county courts to belong to them exclu
sively. The law last referred to, as is shown by its preamble,
was the offspring of doubts on this subject, even then, cotempo
raneonsly with the creation of the several courts and functiona
ries, whose powers and duties are under consideration, existing.
The necessary consequence of the existence of these doubts was,
that in some cases the clerks of the common pleas tranferred their
books of indentures and registries of servants to the clerks of the
supreme court in their respective counties, and in others to the
clerks of the county courts, according to the construction put up
on the several laws that have been examined. Therefore, while
we hold that negroes and mulattoes might have been legally in
dentured or registered before clerks of the county courts, after
the establishment of those courts, we are not prepared to deny
the right of clerks of the supreme court to the custody of the
books containing such indentures and registries, placed in their
hands by the clerks of the common pleas of their respective coun
ties, particularly if such books contained, also, as in some cases
they probably did, the records of the judicial proceedings in the
common pleas in trials of civil and criminal causes, and were,
therefore, imperatively required to be surrendered to the clerks of
the supreme court. In this view of the subject, the clerks
[*62] of the county commissioners' court, having succeeded to
the general duties of the clerks of the county conrts, are
1844.] HAYS v. BORDERS. 63
Opinion of the Court.
now the proper keepers of the books of the indenturing ana regis
tering of the servants, either before the clerks of the common
pleas, or county courts, where, on the organization of our state
government, those books were found in the county court clerks'
office of their respective counties; and consequently the certifi
cates of those clerks are evidence of the authenticity and contents
of such books.
The inquiry arises in disposing of the next objection to be con
sidered, whether there is in the record any sufficient evidence
that the book, from which the registry recited in the certificate in
this case is copied, ever was in the office of the clerk of the county
court of Randolph county? If so the certificate of that clerk was
admissible to prove its contents. In the examination of this
question reference should be had as well as to the history of the
registry of negroes and mulattoes, as to the phraseology of the
certificate. Those annals are found in the legislation already so
extensively examined, and show, that although the courts of com
mon pleas had ceased to exist in 1817, yet their records had not,
but were still extant, and in other hands were in actual use for the
purposes of their original destiuation.
Among other books and records of the common pleas, trans
ferred on the abolition of those courts to the county courts, were
the books kept by the clerks of the former courts for the registry
of negroes, etc., for the space of seven years. These bookR origi
nally denominated records of the courts of common pleas as per
taining to the duties of their clerks, did not afterwards lose that
distinctive appellation, when used to record registries by other
clerks. Such, undoubtedly, was the fact in this case. The clerk
of the common pleas of Randolph county kept the registry of ne
groes, etc., until his office was abolished; the clerk of the county
court succeeded to its custody. and, as authorized by law, entered
the registry of negroes, etc., in it, until he, in his turn, gave way
to the clerk of the county commissioners' court and transferred
to his hands this among the other records of his office.
The county commissioners' clerk, thus becoming the
successor of the clerk, not of the common pleas, but of the [*63]
county court, acquired the right by derivation from the
latter officer, to prove whatever he could have done touching
this record, but nothing more. He might, therefore, properly
authenticate it as a record of the county court eo nomine, or of
the common pleas as having been transferred from that court to
the county count, and from it into his office. Does not the cer
tificate under consideration thus establish the book, from which
the registry set out in it is copied, as that record? Purporting,
as it does, to be a record of the common pleas, and having been
proved by the certificate to have been transferred to the office of
the clerk of the county commissioners' court, it does not require
64 HAYS v. BORDERS. [Dec. T.
Opinion of the Court.
the aid of very violent presnmption to trace it back to its origin
in the office of the clerk of the common pleas, and thus to identify
it as the book in which the registries of negroes, etc., wera en
tered by the clerk, as well of the common pleas as of the county
court. The certificate is, therefore, sufficient, in my estimation,
to prove the registry of the servant Sukey, as having been en
tered by the clerk of the county court. Either the book copied
from, or the particular entry copied, may be considered as exist-
ing among the records of the common pleas, the former as being
a record of, or pertaining to that court, the latter as being entered
among the records of the registry of negroes, etc., made by the
clerk of the common pleas, although not a record of that court itself.
The only objection to the certificate remaining to be consid
ered has already been disposed of by this court in the case of
Phoebe v. Jay, Breese 207, so far as it goes to attack the registry
for not showiug by whom the person registered was brought into
the territory, nor that she was registered within thirty days after
her arrival. By the authority of that case, and subsequent ad
judications affirming it, it is settled that the facts necessary to
warrant the registry need not be recited in the registry.
The remaining branch of that objection is likewise unavail
ing to defeat the registry. The law is sufficiently complied
with by the registry in describing Sukey (the servant
[*64] registered) as being, at the date of the registry, about five
years of age. This can only be construed as indicating
that as her exact age, as it was unquestionably intended that it
should do. This, then, constitutes no valid ohjection to the reg
istry, or if it does affect it at all, does not render it wholly void,
and therefore cannot properly be here inquired into.
I come now to consider the question of the legal admissibility
in evidence of the depositions of Peter Frans and Sally Newman,
read to the jury by the appellee and objected to by the appellant.
Several objections were made to these depositions in the court
below, and are again suggested here, but one only seems to have
been relied upon, and the other, therefore, need not be noticed.
That objection is that the notice of the taking of these deposi
tions was insufficient, "in this, that it did not state the name of
the officer before whom such deposition would be taken, nor the
residence of the said witnesses." The alleged defect in the
notice does not exist. It does designate "the clerk of the cir
cuit court of Knox county" as the officer before whom the de
positions are to be taken, and specifies the time and place of tak
ing them. It does not, however, and need not, state the resi
dence of the witnesses; that office was properly performed by the
affidavit filed by the appellee. R. L. 226; Gale's Stat. 244, § 2.
The next question arising upon the records, and made by the
1844.] HAYS v. BORDERS. 65
Opinion of the Court.
assignment of errors, grows out of the refusal of the court to give
certain instructions to the jury, as asked for by the appellant's
attorney, and the giving of certain other instructions in their
stead, and the giving of a certain instruction asked for by the
appellee's attorney. First, as to the instructions requested on
the part of the appellant. They were as follows, to wit:
1. "That if the jury believe from the evidence that the de-
fendant is guilty, as charged in said declaration, then the plaint
iff can only recover in this action the value of the services lost
up to the time of the commencement of this suit, and the reason-
able expenses necessarily incurred in getting said servants back
2. "That the jury must believe, from the evidence,
that the said Sukey and her children were bound to ren- [* 65]
der service to said Borders as his apprentices or servants,
before they can find a verdict for the plaintiff."
These instructions the court refused to give, in the terms in
which they were asked, and instructed the jury, in lieu of the
first of said instructions, "that the plaintiff, if entitled to recover
at all, would be entitled to recover the value of the services lost,
up to the time of the commencement of this suit, the reasonable
expenses necessarily incurred in getting said servants back again,
and damages for loss of time, trouble and injury sustained, until
the commencement of this suit, in consequence of the taking away
of the negroes;" and, instead of the other, "that the jury must
believe, from the evidence, that the said negroes were servants
or apprentices of the said plaintiff, before they could find a verdict
in his favor."
In 4 Moore, 12, it is said, "that the measure of damages in this
action is not to be ascertained as the actual loss plaintiff sustained
at the time, but for the injury done, by causing the servants, etc.,
to leave plaintiff's employment." Tested by this rule, the action
of the court in refusing the first of these instructions, as asked
for, and giving it as modified, was correct. The former would
have limited the appellee's right of recovery, for a part only of the
injury sustained by him, "by the causing of his servants, etc., to
leave his employment;" the latter measured the damages to be
recovered by the entire injury sustained. But this was right on
general principles. The tort feazor, in an action like this, is re
sponsible for all the conseqnences growing out of his wrongful
act, and the right of the party injured by him to redress, is com
mensurate with his liability.
The testimony preserved in the record in this case shows that
the appellee and his son spent much time, and incurred great
trouble and expense, in necessarily making several long journeys
to a distant part of the country, to which his servant and appren
tices had gone, 01' been taken, for the purpose of recovering pos
66-67 HAYS v. BORDERS. [Dec. T.
Opinion of the Court.
session of them. Of course, in having his servants thus
[* 66] enticed away from his possession, and in being himself
forced to leave his home, to the neglect of his ordinary
avocations, to go in pursuit of them, he was necessarily injured
to an amount greater than the pecuniary expenses incurred, and
the value of their services lost by him. Did not these conse
quences grow out of the wrongful act of the appellant, if guilty?
Most assuredly they did. Then, why not allow the appellee to
recover therefor? The instruction asked for admits his right to
recover for the expenses incurred by him, while in pursuit of
the servant, etc., enticed away; why not allow him for the value
of his time, when thus employed, also? The distinction is not
In reference to the disposition made by the court of the other
instruction asked for by the appellant, we are not prepared to say
that the court erred in refusing to expound t he law as he desired,
and in the language suggested by him for that purpose. Indeed,
it would be difficult to point out any material difference, between
the instruction asked for and refused, and that given. The one
placed the appellee's right of recovery upon proof that Sukey
and her children were bound to render service to" him "as his
servants and apprentices;" the other "that the said negroes were
his servants and apprentices." If they were his servants and ap
prentices, they were bound to serve him as such; otherwise not.
Then, is it not apparent, that if the instruction, as asked for, gave
a correct exposition of the law, as to the proof necessary to war
rant a recovery, that given did a1so, and in such terms, as clearly to
enable the jury to understand their duty? It is probable that the
circuit court feared, that the instrnction, if given as asked for,
might mislead the jury, and therefore chose to give it in different
words. This it had an undoubted right to do, without thereby
in the least degree derogating from the appellant's right. A court
may not indeed refuse to give any instruction to the jury com
patible with the law, and applicable to the pleadings and proof,
when called for by either party; but, in giving such instruction,
is not imperatively bound to adopt, as its own, the language in
which it may be asked. That language may, and when
[* 67] in the estimation of the court, it is calculated to mislead
the jury, should be so modified or changed as to prevent
such a result; but not so as to alter the proposed exposition of
the law; that would be tantamount to a refusal to give the 1n
struction, and therefore erroneous.
The instruction asked for by the appellee, and given by the
court as the appellant alleges erroneously, was as follows, to wit:
"that if the jury believe from the evidence that the plaintiff lost
the entire service of the registered woman, in consequence of the
1844.] HAYS v. BORDERS. 68
Opinion of the Court.
defendant's acts, the plaintiff is entitled to the value of her term
of service." This instruction is said to be erroneous.
First. Because the declaration nowhere claims for an entire
loss of the services of the registered woman.
Second. Because a portion of the term of service remained un
expired at the commencement of the suit.
The first of these objections is answered by reference to the
second count, which states that the said servant was wholly lost
to the appellee by means of appellant's unlawful act, etc.
To support the second objection, the case of Hambleton v. Veere,
3 Saund. 170, is mainly relied upon. That, however, I think,
was not an analogous case. There the action was brought for en
ticing away an apprentice, in whose services alone the master had
property, and the declaration claimed damages for the loss of
services as well as for the time past, as for the residue of the term
remaining unexpired at the commencement of the suit, and it
was held that the action could not be maintained, and properly
so as the master could not be said to have been deprived of the
benefit of services, which, at the commencement of the suit, and
even at the trial, had not become due. But here the case is very
different. The master sues for enticing away his registered serv
ant, recognized by the laws of the state as his absolute property,
during the entire term of service, and alleges the entire loss of
such property when he sues. If such allegation is sustained by
proof, is he not entitled to recover accordingly? Then suppose
that although it appears at the trial that even then the term re
mains unexpired, and yet that the servant was, at the com
mencement of the suit, wholly lost by the master, as by
having been before that time, removed to some foreign [* 68]
country, where legal process would be entirely unavailing
to recover possession of her, would not the allegation of entire
loss be sustained thereby? I think it would thus be as fully sus
tained as if the servant had been killed, or her term expired:
for all purposes of benefit to the master, she would be considered
as having passed out of existence. On such proof, the plaintiff
would unquestionably be entitled to recover the full value of
the term. Well, in this case the testimony shows that the serv
ant in question was enticed away from her master, on the thirty
first day of August, 1842, and had never afterwards been in his
possession--that she was registered on the tenth day of January,
1817, being then five years of age, to serve until she became
thirty-two years old, and that consequently her term expired on
the tenth day of January, 1844, after the commencement of the
suit, which was on the eighth day of February, 1843, but before the
trial, in April, 1844. This testimony taken in connection with the
fact also in proof, that the appellee made constant but unavailing
efforts to regain possession of her, after her elopement, fully sus
69 HAYS v. BORDERS. [Dec. T.
Opinion of the Court.
tained his claim to the value of her entire service, and warranted the
instruction given by the court. It is also sustained by the positive
authority of Dubois v. Allen, referred to in Anthon's Nisi Prius,
83. It is there said "that in actions for enticing away plaintiff's
servants the general rule of damages is the value of the service
during the time the servant has been absent, etc. But the jury
may, in certain aggravated cases, give the whole value of the serv
ant by way of damages."
The only question remaining to be considered, is that growing
out of the alleged error of the circuit court in refusing to allow
the appellant's motion for a new trial. The grounds assigned in
support of that motion were the following, to wit:
" First. Because said verdict is contrary to law;
Second. Because said verdict is contrary to evidence;
Third. Because improper evidence was permitted to go to the
jury; and
Fourth. Because the court misdirected the jury."
The last two of these grounds have already been fully dis
cussed, and found to be untenable. For the disposition of
[*69] the others it will be sufficient, without encumbering this
opinion with the testimony found in the bill of exceptions,
to say that it was proved on the trial by the confessions of the
appellant and other testimony, making out an irrefragable chain
of positive and circumstantial proof that he was knowingly and
wilfully guilty of the wrongful acts charged upon him by the
appellee in his declaration, and consequently the verdict was
neither against the law nor the evidence. The court properly
refused to grant a new trial.
The judgment is affirmed with costs.
LOCKWOOD, J. dissenting: I do not COllcur In the opinion just
delivered. I think that the registry of a servant before the clerk
of the court of common pleas, after the court of common pleas
had been abolished, was void. I am also of opinion that the reg
istry is void, because of the uncertainty as to the age of the serv
ant attempted to be registered.
Judgment affirmed.
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The Palestine United Methodist Church Christmas Tree was lit brighter than ever in 2012, with many Clay County citizens dedicating a lit ornament to lost loved ones. The following is a list of those who gave and those who received the dedication.
Catherine Rape, Noel Rape and Estell Huffman had lights given by Missy Norwood.
Charsie Walker, Charlie Coggins, Mattie Pearl Coggins, Diane Gill, John Paul Gill and Crystal Ann Mathis had lights given by Lowell Walker.
Mr./Mrs. Mac Pate and Mr. and Mrs. Marvin Brock had lights given by Mr./Mrs. Gary Brock.
Allene White, Mabel Clark, Betty Moseley, Sybil Dendy and Russell White had lights given by Glena Nadeau.
Joe T. White, Russell White, Halla Russell and Joe Russell had lights given by Katholene White.
Merlene Caldwell, Burton Cliett, A.C./Mary T. McKnight, Eugene/Pauline Ferguson, David/Rowena Hodnett and Stevens/Elsie Lofton had lights dedicated by Mr./Mrs J.T. Hodnett.
Haywood Coleman, Estelle Coleman, John Allen Burges and Willie (Granny) Burges had lights dedicated by Roger/Jeannie Coleman.
Odell McGee dedicated lights to Ellis McGee and Jack Lloyd.
Tunnie Moore dedicated lights to Hugh Moore, H.M. Moore, Matt Moore and Faye Pearson.
Glenda Clardy dedicated lights to Maggie Lou Moore, Charlie Moore, Martha L. Moseley, Hugh Moore, Virginia Hosmer and Faye Pearson.
George/Judy Simmons dedicated lights to George Simmons, Annie Lee Simmons and Aaron Blansett.
Randy Sparks dedicated lights to Mildred Sparks, John Sparks, Arlee Sparks and Euna Pearl Sparks.
Wayne/Judy Ray dedicated lights to Faye Pearson, Hugh Moore, H.M. Moore, Virginia Hosmer and Martha Lou Moseley.
Jimmy/Janice Terry dedicated lights to Evie Millsaps, Ellis Millsaps, Jerry Millsaps and Bobby Millsaps.
The Herbert Davis family had lights dedicated by Mr./Mrs. Grady Davis.
Mrs. A.R. Dickson, Mr. A.R. Dickson and Dr. Alan Robinson had lights given by Mr./Mrs. Richard Robinson.
Nancy White and Mook White had lights dedicated by Sandra/Butch Boyskin.
Larry White, Reba White, Ida Mae White, Gilbert White, Sybil Dendy and Sally Robertson had lights dedicated to them by Jan/Todd Robertson.
Jewell Simmons and Marshall Simmons had lights given in their memory by Bill F. Simmons/Earlene Simmons.
Mrs. T.A. (Becky) Dendy dedicated a light to T.A. Dendy.
Trina Dendy dedicated a light to T.A. Dendy.
Bill/Carol Sims dedicated lights to Russell White, T.A. Dendy, Nancy White and Mook White.
Jimmy Hollingsworth dedicated lights to Sam Hollingsworth, J.W. (Red) Thompson, Inez Thompson, Sara Belle Thompson and Laura Parker.
Kieth/ Bonnie Thompson dedicated lights to Sybil Dendy, Pete Dendy, Hugh Moore, H.M. Moore, Inez Thompson, J.W. (Red) Thompson, Ida Mae White, Matt Moore, Merle Coleman and Joe O'Rourke.
Jan/Todd Robertson dedicated a light to Jo Ann Davis.
Palestine United Methodist Church dedicated lights to Odell McGee, Glenn "Red" Springer, "Miss" Nancy H. Cliett, Katholene "City" White and Ruth Alice "Tunnie" Moore.
George/Judy Simmons dedicated a light to Lib Blansett.
Mr./Mrs. J.T. Hodnett dedicated lights to Russell Lofton, Elizabeth Cliett, Debra Watson and Rose Ann Wilson.
Mr./Mrs. Richard Robinson dedicated a light to Odell McGee.
Roger/Jeannie Coleman dedicated a light to Aaron Tyler Bryan.
Glenda Nadeau dedicated lights to Ervin White, Katholene (City) White and Odie White (Bill).
Each light was $5, and the proceeds went to care packages which were made for the elderly and shut-ins in the Palestine Community.

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|Falcons Fall to Bobcats
|Saturday, 12 April 2008
|BANNER ELK, NC – The Lees-McRae College Bobcats defeated Conference Carolinas rival Pfeiffer University 14-7 Thursday afternoon in men's lacrosse action. The Bobcats improve to 3-8 (1-4 Conference Carolinas) while the Falcons record now stands at 3-7 (1-3).
After Chad Olsen gave the visitors an early 2-0 lead with a pair of unassisted goals at 9:09 and 5:49, the Bobcats responded with two of their own from sophomores Landon Young and Brandon Marks to knot the score at two to end the first quarter.
The Bobcats controlled the pace of play for most of the second quarter, shutting out the Falcons while burying two more goals to hold a 4-2 edge at halftime.
In the third, the Bobcats took control of the game outscoring the Falcons 4-1 to hold an 8-4 lead heading into the final frame.
The Bobcats again came out strong in the final quarter, scoring the first three goals to give the Bobcats an 11-4 cushion. Marks would add a man up goal with LeBlanc picking up his second assist of the game 34 seconds later to put the Bobcats up eight; however the Falcons would show they still had some fight left as Wesley McMahon and Adams scored back to back goals at 7:12 and 6:45 respectively. Markey and Ficken would get both of those back for the Bobcats at 5:19 and 3:44, both on extra man opportunities as the Bobcats finished 3-3 with the man advantage. Eddie Gourley would round out the scoring for the Falcons with a goal at 2:11 to make the final count 14-7 in favor of the Bobcats.


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The JISC Information Environment aims to help provide convenient access to resources for research and learning through the use of resource discovery and resource management tools and the development of better services and practice. The Information Environment aims to allow discovery, access and use of resources for research and learning irrespective of their location.There is now a critical mass of digital information resources that can be used to support researchers, learners, teachers and administrators in their work and study. The production of information is on the increase and ways to deal with this effectively are required. There is the need to ensure that quality information isnÆt lost amongst the masses of digital data created everyday. If we can continue to improve the management, interrogation and serving of æqualityÆ information there is huge potential to enhance knowledge creation across learning and research communities. (Excerpt from this source)
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Repositories, Copyright and Creative Commons for Scholarly Communication
Esther Hoorn considers ways librarians can support scholars in managing the demands of copyright so as to respond to the needs of scholarly communication.
October 2005, issue45, feature article


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Since the BUAV carried out the first ever in-depth investigation of the trade in nonhuman primates for research, we have continued to lead the field with our undercover work. Our exposés of the cruelties inherent in the trade and supply of primates receive international media coverage and have resulted in source country trade restrictions, government bans on the use of wild-caught animals and airline embargoes.
The sad plight of wild baboons in Kenya
Primate Trade in South America. The trapping of wild owl monkeys.
The cruelty of the trapping and farming wild monkeys in Mauritius.
The discovery in Laos of industrial scale monkey farms supplying the research industry.
Exposing the trade in monkeys that violates international animal welfare guidelines and Indonesia's own legislation.
Shocking footage of primates torn from their wild habitats.
The factory farming of primates in Vietnam.
Wild monkeys at a holding facility in Malaysia.
Inside monkey 'Guantanamo Bay' in a Spanish resort.
BUAV's groundbreaking investigation of the international trade in primates for research.
Investigating the international trade in wild-caught baboons in Tanzania.
A BUAV investigation into the deliberate infliction of brain damage on marmosets at Cambridge University.
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BAYBORO – Connor Hough knows that to get rewarded, you have to put in the time and effort.
Pamlico's junior is getting his work done in the classroom and on the football field.
Hough plays linebacker and offensive line for the Hurricanes, while sporting a 4.7 grade point average – one of the best averages in the junior class.
"I hope to keep getting it done on the field and in my other sports, and continue to work hard," Hough said.
Hough, a three-year varsity player, leads Pamlico in tackles with nearly 14 per game. He recorded a team-high 15 two weeks ago against Lakewood and 13 more against Farmville Central last Friday.
He is also a two-time state qualifier in wrestling.
"He is just a coach's dream," said Pamlico coach Kevin Yost. "He does everything you ask him to. He is the first one here and always getting after it.
"He is such a good player and works so hard that the other guys feed off him."
Hough enjoys playing on the defensive side of the ball, but said he takes more pride on offense where he helps open up holes for Pamlico's running game.
He's listed at 5-foot-11, 185 pounds, but when he's on the line, he plays much bigger.
"There is more pride in offense when you get out there and the offensive line just dominates the defense," Hough said.
Yost said the biggest attribute Hough brings to the team is his work ethic and that he has a higher football IQ.
"He is a three-year starter so the game has sort of slowed down, so he is able to play fast," Yost said. "I expect him to be the leader of the defense, like a middle linebacker does. I expect him to work to get better. He's come a long way."
Pamlico's improved defense has yielded just 14 points per game, a much better line than its 28 points per game it allowed last season.
Hough, along with fellow linebacker Tony Credle and defensive lineman Arthur Randall are three main forces on defense.
"We fly around and make plays, that's all there is to it. We run around and hit people," Hough said. "I feel like I've gotten a lot faster, stronger and I feel like I know where the ball is going."
The Hurricanes (1-2) are two offensive turnovers away from being undefeated.
Hough's first two seasons were rough – winning a combined two games. But after Pamlico lost just two players from last year's squad, he is feeling a bit more optimistic about this year's chances.
"There's a lot more leadership, definitely," Hough said. "I've never been on a team like this. I feel like I can trust everybody on the team.
"I feel like everyone can do their part."
The Hurricanes continue their season Friday at Edenton-Holmes.
Adam Thompson can be contacted at 252-635-5669 or at email@example.com. Follow Adam on Twitter @Adam_matic.


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HAMPTON-JaysenRandolph loved to play football and played it rough, which is why the parents of the then ten-year-old thoughtcomplaints of his neck twisting was a symptom of his rough housing.
On December 26, 2010, he woke up and his neck was completely contorted. He couldn't move it back into place.
Genetic tests done at Va. Commonwealth University showed Dystonia-dyt1 mutation. It makes his whole body move uncontrollably.
His parents Kisha Watkins and Jason Randolph got busylearningaboutDystonia and how to treat it.
'I friended everyone on Facebook that had Dystonia,' Ms. Watkins said.
It was at Dystonia and Parkinson's convention that they learned about Deep Brain Stimulation. In August, Jaysen had surgery to put a deep brain stimulator around his skull and its battery pack in his chest. The probes in his body will gradually be turned on. The electric waves will push against the electric current in his body that is forcing his movements.
It's been very effective for in Parkinson's patients. In three months, they'll know exactly how much good it has done for him.
Jaysen goes to Children's Hospital of the King's Daughters every month for maintenance care. The botox injections from neurologist Dr. Ralph Northam help to relax muscles that tense uncontrollably.
Jaysen has one goal.
'I'm hoping for it to get better so I can start playing with my brother again,' he said.
His dad can't wait to see Jaysen stand up straight again. He remembers the sleepless nights at the beginning of the mystery in 2011.
'When you're holding your child at night and you can't go to sleep because of the uncontrollable movements, you can feel it spasming and moving and you have no control over it,' Randolph said.
Through it all, Jaysen has rarely needed encouragement. He says he still feels like himself, hejust moves much more.
His mother says she feels guilty they didn't act on his symptoms sooner.
'We didn't listen and as a parent feeling that you didn't listen and we could have caught it beforehand, it really hurts,' she said.
Jaysen told her, 'Don't ever give up on me.'
A fund is set up at SunTrust Bank under Jason Randolph: Mission for a Cure. The money goes to his treatment that has reached more than half a million dollars.


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All entrants must register by Wednesday, July 9 and pay a $10 application fee. On July 12, entrants must bring a freezer or cooler, a scoop or spoon, an outdoor-rated extension cord and enough ingredients to produce two gallons of ice cream. The Farmers Market will provide salt, ice, power and table space. Space will be limited to the first 30 entries. For more information or to register, call 972-237-4599 or email email@example.com.
The Grand Prairie Farmers Market features locally grown fruits and vegetables, meats, honey, pasta, spices, tamales, candles, soaps and much more. The market is open every Saturday, March to December, from 8 a.m. to 1 p.m. For more information about the Farmers Market, call 972-237-4599 or visit www.gptx.org/farmersmarket.
Click here to download an application and the Main Street Freeze Out rules.
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They can be downloaded by clicking on the icons below.
City of Grand Prairie, 317 College St., Grand Prairie, Texas 75050 | Tel: 972-237-8000 | Site Map | Raving Fans
©2012 City of Grand Prairie. All Rights Reserved | Website Created by Vision Internet


text:
A Teaching Moment
Friday, December 9, 2011
82 comments:
- tara said...
awww!!! i'm so glad you posted this, unicorn! i have no doubt that you are a compassionate and amazing teacher, because you are an amazing and compassionate person! lubz you!
- December 9, 2011 at 6:11 AM
- Cait said...
omg michelle how amazing :) i remember hearing these stories when i first started student teaching and i was so inspired to go into the world and do the same thing! another reason why i love you and your way to leave marks on kids who need you! xo
- December 9, 2011 at 6:32 AM
- Jess - PrettyPhysicist said...
What an amazing story! I am sure that you DID help him, and I'm sure he knew it. You're such an amazing teacher and those kids are lucky to have you!
- December 9, 2011 at 6:55 AM
- Vicki said...
This made me cry .... I believe that every child has that one teacher that either makes them or breaks them as a student and forever changes the course of their life ... I truly believe that! Be proud of what you do because I think you just changed that boys life for the better :)
- December 9, 2011 at 7:41 AM
- Dixie Bell Designs said...
Awww, that is such an amazing story! I think you did the right thing and are probably an amazing teacher.... you definitely reached him, and hopefully it sticks. I am a teacher, too... the area I teach is not what I'd consider "rough" but there are still a few kids with really sad stories and my heart breaks for them everyday. :(
- December 9, 2011 at 7:43 AM
- Sarah said...
Oh, Michelle, you did make a difference! You are such a wonderful person, and I'm so glad these students have you as their teacher. This is the kind of teacher I hope to be in a few years when I start teaching. You have such an amazing heart. Keep changing lives!
- December 9, 2011 at 7:54 AM
- Jess said...
Ahhh. I love this post!!! I taught the same population of students for two years and had the same situation happen. I had one student that just. didn't. like me. He hated change (since he's never had any stability in his life) and was rude and crude from day 1. Finally, one day, he asked me his grade and I told him that he was failing (because he refused to come to class and/or do work). He asked to meet with me to figure out how to change that and from that day forward, he was my best student. It was the weirdest thing, but I never gave into him. I wish you would write more about teaching!! I love hearing (and telling, obviously) stories like this!!
Enjoy your weekend!
- December 9, 2011 at 8:01 AM
- Meg O. said...
I love this post! We sometimes have to do really difficult things as teachers but when it's the right thing, then it is always worth it. We had to kick our lead actress out of One-Act Play last year (and this girl was incredibly talented - could have won best actress at every level) because of a stupid decision she made on a field trip. At the end of the year she ended up thanking us because it was the "best kick in the pants" she got.
I know it's so hard to be teaching where you teach, and most days it's really frustrating. I know I have it really easy where I am, but teaching does have challenges.
I am so happy you did the right thing. People like you are inspiring to others. Posts like this keep me encouraged to be a positive influence and a compassionate teacher!!!
- December 9, 2011 at 8:21 AM
- Savanah said...
I am so glad you posted this story. I am tearing up reading it because I saw you tearing up telling it to me. I know without a doubt you are an excellent, compassionate teacher and this student finally realizing you are! And, with me working with the same population as you it breaks my heart that there are kids living the way that they do. The kids are bad and give you hell, why do they act that way? The parents! It is great that you are the person at school that they can come and give a HUG too if they need it because their parents aren't doing it. I konw you're having a hard time at your school, but keep that smile :) The kids appreciate it even when they don't show it! Love you!
- December 9, 2011 at 8:24 AM
- J and A said...
I am so glad you posted this. I had a similar experience but it didn't turn out as positive as yours but your story gives me hope. Great job, keep up teaching with compassion. That is exactly what they need.
- December 9, 2011 at 8:25 AM
- KAH said...
That is a fantastic story. I'm so glad it had a happy ending :)
- December 9, 2011 at 8:30 AM
- Maura said...
this made me tear up! You are doing amazing things for those kids and i know you are changing lives! so glad you posted this because i know how encouraging it's going to be to so many people. I am so proud to call you my friend!!
- December 9, 2011 at 8:35 AM
- Lauren said...
it sounds like we teach at VERY similar schools. well done Michelle, you did the right thing and even our little middle school friends know that when they see it.
keep fighting the good fight :)
- December 9, 2011 at 8:35 AM
- ashleigh said...
i absolutely love this;
this is what teaching is about!
and i thank you for writing this.
love you girly
- December 9, 2011 at 8:45 AM
- Nikki said...
I used to think I wanted to be a teacher but I'm not sure I could change a life in such an amazing way. And I wouldn't want to be anything less. Obviously, you are doing something right! Hope you can remember this experience when you have the days that you think your work doesn't matter.
- December 9, 2011 at 8:50 AM
- Kathryn said...
What a beautiful story. You did make a difference and you are still making a difference!!! Not only in his life but in all your student's lives.
I wish we had more teachers in the world with your attitude!!!
- December 9, 2011 at 8:52 AM
- Sara said...
I used to teach and kids these days make me SO incredibly sad!! I'm so glad you were able to make a difference. That makes you feel like your teaching is worth it.
- December 9, 2011 at 8:54 AM
- Heather said...
Wow, how sweet!
- December 9, 2011 at 9:03 AM
- Christina L. said...
Tearing up. That is so amazing!!! He was probably so happy to finally have someone in this world that cared whether or not he was doing drugs, coming to school and being safe. So happy to hear of this success story! You are truly changing their lives.
- December 9, 2011 at 9:15 AM
- Phil and Darby Hawley said...
Thank you for being such a light for these children! They need you!
- December 9, 2011 at 9:23 AM
- Jesica said...
Aw, that moment right there is why people become teachers
- December 9, 2011 at 9:26 AM
- ImarriedAtexan said...
What a wonderful morning read!!! I love this story!!! You are my hero!!!
- December 9, 2011 at 9:32 AM
- Carolyn said...
OMG! This gave me the biggest goosebumps ever!!! :) Such a touching story!
- December 9, 2011 at 9:36 AM
- Ruthie Hart said...
Michelle I am so glad you posted this! It is amazing to see the Lord working through you in changing those students lives. Prayer works and you are a true example of that!
- December 9, 2011 at 9:43 AM
- Erin said...
Wow, Michelle, this is amazing! And this story is why I am so thankful our education system has teachers like you. I can only imagine the difference you will make in children's lives through your career. That is certainly something to be proud of :)
- December 9, 2011 at 9:50 AM
- Jennifer said...
That is an amazing story! Knowing you have helped a student that needed it must make you feel like you are doing the job you were meant to do!
- December 9, 2011 at 10:06 AM
- Rebekah said...
This just gave me chills. I'm so glad that there are people like you who DO make a difference in the lives of kids who really need it!
- December 9, 2011 at 10:27 AM
- Christina said...
I'm totally crying! You are amazing and because of you, that boy may have a chance!
- December 9, 2011 at 10:34 AM
- brynn said...
you put tears in my eyes!
so proud of you, michelle! i have such respect for teachers LIKE YOU.
thank you for sharing this :)
- December 9, 2011 at 10:42 AM
- Brooke said...
What an amazing story! This is why teaching is worth all those hours, and such little pay. It is SO worth it. You are inspiring.
- December 9, 2011 at 10:53 AM
- Kate said...
BEAUTIFUL. You are making a difference! Never forget that the good you are doing will make a huge impact on these precious kids. God bless you!
- December 9, 2011 at 11:00 AM
- Cassie said...
kudos teach!
good for you!!
- December 9, 2011 at 11:01 AM
- Amber @ A Little Pink in the Cornfields said...
Michelle, you made a huge difference in his life. He sounds like an old soul and he knew that he needed a way out. They can't make the choice themselves! They're in middle school, where what their friends think is EVERYTHING. He has no choice.
I went to schools that were all at-risk schools. Although I look like a girl that went to a school in the suburbs, I can assure you, I am not. This is where my passion for urban schools comes in. I have seen it all, I have had friends killed, friends committed suicide over things like drugs and gangs. It's terrible. These kids NEED us. They need YOU!
I loved this post. So much. I understand why you don't blog about this stuff, but I hope to hear more from you! You sound like an amazing teacher :)
- December 9, 2011 at 11:03 AM
- Rochelle said...
This post made me tear up. I student taught at a school with a lot of low income/high risk students and at first I was really nervous. I also had one student just like this and it was tough. He actually got kicked out and other students hated me for it till I started telling them that I was here for them, trying to help them and after that they started coming around and started to care.
Thanks for sharing this, teaching can be hard but we teach because we are passionate about it and want to help other students.Hopefully I will be teaching sometime next year.
- December 9, 2011 at 11:04 AM
- Claire Kiefer said...
This is an incredible story. It's not often we get to see immediate change like that--I'm so impressed with your student's maturity. Only in 8th grade!! I teach a program for children of incarcerated parents at a public high school in San Francisco, so I know the population you're talking about. They're so brave and so fragile and can be so difficult at times. I'm glad yours have a loving teacher like you. :)
- December 9, 2011 at 11:05 AM
- CALLIE said...
Crying!! My Mom and sister are both teachers so I have heard a million stories. This is awesome. I will be praying for him :)
- December 9, 2011 at 11:25 AM
- Holly said...
You are an amazing person and I have no doubt you will change more students lives in the future!!!
- December 9, 2011 at 11:26 AM
- Jennifer said...
that is an amazing achievement and hopefully he does stay on the right path. Compassion is a necessity and they're lucky to have a teacher like you who they can rely on.
- December 9, 2011 at 11:33 AM
- KSK said...
That gives me goosebumps!!!
Good for you!
- December 9, 2011 at 11:48 AM
- Brianne said...
This made me teary. I am so happy for you & this student.
- December 9, 2011 at 12:42 PM
- JessB_Martin said...
Can I just say that I am so proud of you :) you are standing strong as a teacher and as a result so is that student. I you will continually be filled in your heart with compassion when dealing with these issues in your classroom. Continue pouring into the lives of your students and do not grow weary from doing good works! "Haven't I commanded you ?! Strength. Courage. Don't be timid; don't get discouraged. God, your God, is with you every step that you take" Joshua 1:9 :) you're awesome and inspire me
- December 9, 2011 at 12:49 PM
- Miss Oakley @ Observations by Miss Oakley said...
Yay for compassion!!
- December 9, 2011 at 1:27 PM
- Ana said...
This is an awesome story, Michelle. I admire you for being a teacher that cares! Because those are in extinction!
- December 9, 2011 at 1:32 PM
- Shelley said...
I've been following you on twitter but just now stopped by your blog and im so glad i did! I'm now following here too :)
- December 9, 2011 at 1:54 PM
- Allison said...
Thank God for teachers like you. These kids need you and it's a blessing that you were called into this school. You are a strong woman.
- December 9, 2011 at 1:55 PM
- Hollie Ann said...
wow, michelle! i just turned in a big project for my youth and society class...we have been studying kids at risk vs at promise...you are definitely considering these kids as at promise.
you are a blessing!
- December 9, 2011 at 2:08 PM
- Untypically Jia said...
Such an awesome story! There needs to be more teachers like you out there. You rock!
- December 9, 2011 at 2:38 PM
- Jennifer said...
You are special. This is so touching and thank you for posting about it. Keep doing a wonderful job...you WILL make a difference.
- December 9, 2011 at 2:44 PM
- Anna Catherine said...
Just said a prayer for both you and him. Thanks for doing what you do and loving those who need some love in their lives!
- December 9, 2011 at 2:49 PM
- rkjalernpan said...
How uplifting. I thank teachers like you from the bottom of my heart.
- December 9, 2011 at 2:54 PM
- Cori H. said...
That's so amazing! Teaching is such a rewarding career!
- December 9, 2011 at 2:55 PM
- Kate @ Daffodils said...
wow, thanks so much for sharing. Truly inspiring. I hope that boy stays on the right path. It is a speecial calling for sure to teach students who struggle so much and I admire you for answering it!
- December 9, 2011 at 2:58 PM
- Alyssa said...
That just gave me chills! What a rewarding job! I bet your heart breaks all the time!
- December 9, 2011 at 3:07 PM
- Sarah-Life is what you make it said...
I love hearing stories like this. You seem like the teacher ( and just proved it now) who doesn't teach because of the two weeks at christmas, week in march, and 2 months off at summer. You teach to change lives! And you are changing them! Keep praying :)
- December 9, 2011 at 3:18 PM
- Ashley said...
That's amazing. I loved reading this. You have no idea how much you reach students until something like this happens. I've had some amazing moments this year working at a low-income school, and hearing other stories like this really mean so much. Truly wonderful!
- December 9, 2011 at 3:19 PM
- Ashlee Miller said...
WOW! What a great story. I hope he continues on the right path. You're an great teacher! Keep up the good work.
- December 9, 2011 at 3:20 PM
- Emily said...
this is such an amazing story - totally pulled at my heart strings. You definitely helped change his life
- December 9, 2011 at 3:27 PM
- Chrissy said...
That brings tears to my eyes. God bless you for being the kind of teacher who will make the hard decisions because its the best thing for that student. ♥
- December 9, 2011 at 3:30 PM
- Major Gal said...
never give up on him. he needed boundaries and you turning him in showed him you really care - something he's probably never felt. we need more people like you xo
- December 9, 2011 at 3:42 PM
- Sincerely Sara Cate said...
How amazing. Bless you for being such a positive influence in this world.
- December 9, 2011 at 3:56 PM
- Kasey said...
I've been away from the computer all day but was checking into twitter on my phone and saw some tweets regarding your post so once I got home, I had to check it out. It seriously gave me goosebumps. What an amazing story. You are an amazing teacher. That boy will never forget you. :-)
- December 9, 2011 at 5:10 PM
- Kristen Danielle said...
You are such an inspiration, Michelle.
Keep doing what you love. It DOES make a difference.
- December 9, 2011 at 8:33 PM
- Lori said...
Wow. That's all I can say. Wow.
- December 9, 2011 at 8:37 PM
- Amanda @ New Adventures said...
LOVE this! I do child protection so I get the kind of kids you work with. I love that you show them compassion and that you care about them! Sometimes thats all they need and all you can do.
- December 9, 2011 at 9:00 PM
- Raquel said...
omg this is so sweet!! He sounds like such a sweetheart!
- December 9, 2011 at 9:36 PM
- LeahJo said...
I applaud you for making a difference.
Many teachers would've let it go. My sister's HS teachers are that way, and I wish they wouldn't.
He realized how much you cared about him to turn him in, and have him snapped into reality.
It's so amazing to see the results when someone stands up and does something because they just care.
I stumbled upon your blog, and so glad I got to read this. Definitely touched my heart.
- December 9, 2011 at 10:15 PM
- Blane181 said...
This really is awesome! I'm so glad you shared, it truly is worth sharing. I hope this change sticks!
- December 9, 2011 at 10:30 PM
- {Louisiana.Bride} said...
I was at a school like that last year, and my mom is an administrator at a middle school like yours. Kids regularly get the cops called on them.
I love that he came back with a new attitude. Most would be angry. Hopefully this made a difference in the choices he makes outside school. I'll pray for your kids, I know how it can be when you want to change them, but can only work on their little hearts from 8 to 3:)
- December 10, 2011 at 6:19 AM
- Jodi said...
WOW I got chills when I read this! AMAZING!!! Keep up the great work.
- December 10, 2011 at 1:18 PM
- Aimee said...
That is amazing, and even though I have never been a teacher, I can only imagine the swell in your heart from this boy. What a wonderful moment.
- December 10, 2011 at 7:55 PM
- Mere said...
Aw! I love this story. That is too sweet. You definitely did the right thing! Keep praying... it definitely helps!!! :)
- December 11, 2011 at 1:16 PM
- Bri said...
Thanks for sharing this story, it brought tears to my eyes. I love the fact that you're changing these kids lives!
- December 11, 2011 at 7:26 PM
- Wiz said...
Teachers like you are saints. I just dont know how you do it, but these kids are lucky to have you!
- December 11, 2011 at 8:12 PM
- Nicole @ 27 & Counting said...
Thank you for sharing this story ... it's so important to remember as educators that compassion and love and patience are life-skills that most of our students do not know or comprehend because these acts are not modeled at home. Thank you for reminding me, also an educator, that I can make a difference. I DO make a difference. Thank you. Thank you.
Nicole @ 27 & Counting
- December 11, 2011 at 8:25 PM
- Crazy Shenanigans-JMO said...
Aw, hopefully things will continue positively!!
- December 11, 2011 at 8:40 PM
- Lindsay said...
I meant to comment on this last week when I first read it, but I read it on my phone, so I decided to wait until I was on my computer. :-) This is such a fantastic story. I have so much respect for teachers. I know I could never do their job. I wish I had the compassion and patience to do what you do each day.
- December 11, 2011 at 9:11 PM
- Emily w/Amazing Grapes said...
Aaawwww, wow that is so touching it gave me chills!
Sounds like you are the perfect teacher for these kids.
You have a great heart for teaching, not many do.
Emily at Amazing Grapes
- December 12, 2011 at 12:02 AM
- Jesslyn Amber said...
You're amazing!!!! Thank you for sharing this story! This makes me look forward to teaching even more! :)
- December 12, 2011 at 1:56 AM
- Ang said...
This is amazing! It's things like this that gave you the gut feeling of needing to turn him in and what keeps you going with the positive attitude! How wonderful.
I'm glad you shared this, it's heart-warming. Even more, it's good to know that there are some kids in bad situations who still want to do the right thing.
- December 12, 2011 at 7:12 AM
- sarah said...
for real i just teared up reading this. making a difference in the life of even just one child is enough to make everything else you have to deal with worth it isnt it? i love being a teacher for this exact reason. that kid will forever remember you and how you changed his life.
- December 13, 2011 at 1:18 AM
- Kiley said...
this is so amazing. the tears are comin'!
- December 13, 2011 at 7:15 PM
- Rissy said...
This gave me goose bumps! what an amazing thing to have happen! How good does it feel to know you are doing something meaningful with your life?
- September 13, 2012 at 9:32 AM


text:
What is SwingX(SwingLabs)?
SwingX is the UI component library developed by Sun's SwingLabs. Many of the components used and developed in the "Filthy Rich Clients" and "Extreme GUI Makeover" presentations first make their mark in SwingLabs before making it to core Java. SwingX adds a lot of convenience features that originally one would have to make himself, such as TaskPanes, enhanced core components, glossy components, etc.
Can I use it with my application built using v1.0?
Yes... The SwingXBuilder subclasses the classic SwingBuilder so generally speaking you can just switch the declaration and everything SHOULD work. Please let me know if something from core is broken in SwingXBuilder. Any component that exists in both defaults to the SwingX version but can be accessed by adding the classicSwing property and setting its value to true.
How do I build it?
Checkout the package from SVN here .
0.1.1 is compiled against the SwingLabs 16 Sep 2007 build a Make sure those jars are on your path, including the ones in the lib directory.
0.1.2 and 0.1.3 are using SwingX 0.9 release build.
0.1.5 uses the SwingX 0.9.1 release build, and ships with the Windows installer for Groovy 1.5.0.
swingxbuilder-0.1.1.jar (compatibile with Groovy 1.1-beta-3)
swingxbuilder-0.1.2.jar (compatibile with Groovy 1.1-rc-1)
swingxbuilder-0.1.3.jar (ships with Groovy 1.1-rc-2 windows installer)
swingxbuilder-0.1.5.jar (ships with Groovy 1.5 windows installer)