The True Facts in the Case of Felix Quander

National Republican, August 14, 1879

Persecuting An Old Man.

The True Facts in the Case of Felix Quander.

Washington, D. C., August 12, 1879.

To the Editor of the National Republican:

Sir: In view of the interest now being taken in the case of Felix Quander, with your permission I will, through you, give to the public the facts in his case, and let them judge between the right and wrong.

Quander is an old man; has always been free, and, by retaining the confidence and respect of the white population, has made a respectable living––accumulated a little property and reared a family of children, the greater number of whom now earn their own living. The old man has been hauling wood and market truck to market in Washington for upwards of forty-five years, and not a breath of suspicion was ever breathed against him, his family or character until one J. Owen Kerby, a renegade, came into his neighborhood and he became a constable. As published by the daily (Washington) Star some days ago, Kerby undertook to execute an illegal and void execution––no doubt to get the fees––and levy on Quander's only horse, protected to him by the laws of Virginia. To this Quander objected, whereupon Kerby struck him, and a scuffle ensued, in which Kerby came out second best. Thereupon Kerby had Quander indicted for resisting an officer, and being the only witness in the case, had the matter in his own hands, and for this Quander was imprisoned a year. After his release from prison Quander, in order to get money to restock, fence and cultivate his farm, came to Washington, and worked, earning enough to save 800 dollars. This carried him back on to his farm again, where his industry and tact excited the bile and enemity of Kerby, who has grown to be a magistrate, and his friends, and they make war upon him. One John Truax, living between five and eight miles from Quander, misses some chickens; finds that the Quanders bring chickens to market; has the mother and son arrested in Washington, carried before Judge Snell, who on hearing the proofs dismissed the case and reprimanded Truax. Offended at being reprimanded for a "d––d nigger," Truax swears out a warrant in Virginia for the same offence. This warrant is placed in the hands of John H. Sartin, constable, who immediately summons an armed posse, and before light on Sunday morning, February 16, 1879, surrounds Quander's house. I now beg to call attention to the warrant, that those desirous may know how little the life and liberty of Virginia's sons is respected by some of the people now holding power.

Fairfax County––to wit:

To all or anyone of the Constables of the County of Fairfax:

Whereas, John Truax, of said county, has this day made complain and information on oath before me, Thomas P. Brown, a Justice of the Peace of the said county, that Julia Quander, Joseph Quander and an unknown person on the 14th day of February, 1879, in the said county, did unlawfully and feloniously take, steal and carry away seven or eight chickens, of the value of two dollars and eighty cents, of the goods and chattels of him, the said John Truax.

These are, therefore, in the name of the Commonwealth, to command you to forthwith apprehend and bring before me, or some other Justice of the said county, the bodies of the said Julia Quander, Joseph Quander and the unknown person, to answer said complaint, and to be further dealth with according to law.

Given under my hand this 14th day of February, 1879.

(Seal.) Thomas P. Brown, J. P.

Indorsed. Executed February 16, 1879.
John H. Sartin, Constable.

After shooting Quander's house to pieces, breaking the windows and doors, and setting fire to it, shooting out the eye of one of his sons, and wounding five out of seven members of the family present, and without reading the warrant, Felix Quander, the subject of this letter, his sons, Felix and Joseph; his wife, Julia, Sen., and daughter Julia Quander, Jr., were all arrested and carried before Squire J. Owen Kerby, who, sitting with Squire Brown, was compelled to dismiss the charge as not proven; but lest the Quanders should escape, they were bound to the criminal court for resisting an officer. This was the first charge brought against any of the Quanders for larceny, theft, or anything dishonest, roguish, or off-color, and this was not against Felix Quander, now designated the "negro thief," "rough," &c., &c. The next dash was a warrant, by Mr. Conner, to find a part of harness, and if found, to arrest Felix Quander, Sen., and Felix Quander, Jr. The officer who served this warrant, issued July 28, 1879, by J. Owen Kerby, Esq., arrested old Felix and his wife and took an old harness that Felix has been using, as he can prove, for nearly six years––at least three years before his accuser came into his neighborhood. Squire Kerby heard the evidence for the State, refused to hear the evidence for the defense, and, as he afterward explained to D. W. Glassie, of Washington, there was no use hearing the proof, as Connor and his witnesses identified the harness; refused an appeal guaranteed by Virginia laws, and ordered the prisoner to be whipped out of hand.

This, and only this, is the negro's offending. For this he is driven from his home, and for this the forces of Alexandria are invoked, and poor old man Quander is shot to pieces.

Quander remained in Washington until Saturday night. His wife had come to market, as usual, with truck, and he thought it would be proper and safe to return home with her. But J. Owen Kerby, the constable who had assaulted him for refusing to let the officer seize and sell his only horse, subsequently had him indicted and sent to the penitentiary for resisting an officer; subsequently sat and heard a charge against his wife for stealing chickens, and, failing to get evidence sufficient to convict her, bound the entire family to the criminal court for resisting an officer, when there was no warrant against them and no necessity to resist, and later heard a charge of stealing harness––refused to hear evidence for the defense or grant an appeal from a vile, malicious decision rendered by himself.

Quander, it is true, when he saw the officers coming, ran and attempted to escape, but was shot down like a dog, and subsequently, when about to fall, or was falling through loss of blood, was knocked down by a blow on the head.

Quander has taken no man's property; has never assaulted any one; has never raised his hand or voice against any one except in self-defense, and then more in the nature of an escape than an assault.

Some of the better citizens of Alexandria assured me to-day that he was a good quiet citizen, much abused, and that they would defend him with their word and some means. The better class of citizens are not, as I lean, in sympathy with these outrages upon this old man, but the old story is again repeated––"The good work single-handed, while the vicious and wicked conspire together and overcome them." Quander is still in the jail under the kind-hearted, humane jailor, B. R. Cline, who treates the old man more like a wounded brother than a vicious man, and the treatment of an eminent surgeon whose name has escaped me.

Squire Kerby came to the jail to-day, notwithstanding that Quander is severely wounded and battered, and demanded his person that he might be whipped the "thirty-nine lashes well laid on;" but the surgeon refused to let him be removed.

D. W. Glassie
Now Attorney for Quander.

Alexandria Gazette, August 2, 1879

The Quander Case.––The arrest and escape of Felix Quander, colored, was mentioned in yesterday's Gazette. Quander has since turned up in Washington and related to the truly loil newspaper men there a most heartrending tale of persecution and outrage, only fault of which is its utter want of truth. Quander, who during the war won the esteem of the neighbors by his steadfast devotion to the southern cause, has since turned out very badly, and by his thieving and lawless proceedings has become a terror to the neighborhood. Constable James H. Watkins, who arrested Quander on Thursday, says that he not only presented his search warrant, but started to read it, and that Quander refused to listen. The constable had with him only one colored man when Quander first refused to be arrested and had to retire for reinforcements. Quander cut the harness up before the constable's face and defied the officer. The harness was fully identified by Mr. Conner, and by some of his hired men. Justice Kerby heard all of the evidence on both sides and the theft was most conclusively proven. The shooting was done by the posse summoned by the constable, who were sworn to execute the law and would have fired at any man, white or black, who attempted to escape from justice while in their charge. It may not be amiss to mention that Conner is a Pennsylvania man and that most of the community in which Quander lives are northern men, and all agree as to his vicious propensities.

Alexandria Gazette, August 4, 1879

Quander, the colored desperado of Fairfax county, Virginia, who is made such a martyr of by some of the radical press of Washington, is a resident of the Accotink neighborhood, near this city, many of the citizens of which, though northern men and good republicans, are willing to testify to his bad character, and to the fact that the law officers, the only persons who have interfered with him, have been justified in everything they have done toward arresting and punishing him. It is exceedingly easy for the radicals to make a martyr of a negro in the South, but especially so now, when elections are approaching and when such martyrs produce a telling offset upon the susceptible voters of the North; but making one out of Quander is ridiculous to those who know him, among whom are many good and true republicans, who will volunteer to give evidence that would be sufficient to convict him even before a northern jury.

National Republican, August 11, 1879

Felix Quander Still Persecuted. 

Felix Quander, the colored man who has been the victim of so much persecution at the hands of the rebel element in Virginia, has at last been arrested and locked up in the jail at Alexandria. The arrest was made last Saturday night, but not without difficulty, as the following details will show: Last Saturday it became known that Quander was at his farm, and a deputy sheriff was sent to arrest him. His friends rallied to his support and a melee occurred, during which the deputy was shot. Quander succeeded in getting away and started for Alexandria, Va. Near the suburbs of that city he was recognized by one of the local police, who attempted to secure him. Quander broke away from him and started in the direction of Hunting creek. The officer who first saw him and another one that had been summoned followed. Upon reaching the creek Quander plunged in and attempted to ford it. He was followed by one of the officers, the other remaining on shore. In the water the officer succeeded in overtaking Quander, and a desperate encounter took place. Quander was getting the best of the fight, when the officer on shore fired upon him and wounded him so that escape was hopeless. He was compelled to surrender, and his captors marched him into Alexandria and locked him up.

Evening Star, August 12, 1879

Felix Quander's Arrest.

The Alexandria Gazette says:––The well-known colored rough, Felix Quander, is in jail here. His raids, arrests, fights, escapes, &c., have kept Mason's Neck, from Alexandria to Mount Vernon and below, in a constant state of excitement. Of late, though a democrat, he has been held up as a martyr by some of the radical papers. Quander, after his conviction before Squire Kerby, and sentence to thirty-nine lashes, escaped, and, as already reported, made his way to Washington, contending that Kerby had not given him a fair trial. He has been there since until the close of last week. A warrant against Quander as a fugitive from justice, was sworn out by Officer Kerby on Saturday last, and placed fore execution in the hands of policeman B. F. Bettis and Jerry Franks, who hearing that Quander would probably pass down over Hunting Creek bridge, started about 7½ o'clock Saturday evening as soon as they received the warrant. The southwestern sky showed an angry red, from the flames of Pullman's burning homestead, as the officers hurried on toward the bridge. On the hill top, before the road falls toward the bridge, they saw a man ahead of them walking rapidly. As they passed he said "that fire's over by Sam Pullman's." Bettis heard his voice. He knew it was Quander, and seized him. They clinched, but Quander broke and ran, followed by the officers, who fired as they ran, and soon Quander, fearful of being taken at the toll-house, ran into the creek, the officers close at his feels following him into the water, and then he made for the shore again. "O'er hill and moor, o'er marsh and shore," the chase continued, down in the marsh, up to the hill top, through the brick yards, and again to the level, where Quander struck a fence too late to climb, for the officers were close upon him. He made fight, however, but the billy of Officer Bettis can butt harder than a billy goat, and Quander succumbed and was carried to jail. We will condense after Quander's own words in jail his statement of his adventures last Saturday night: He left Washington in a wagon with his wife about 5½ p.m., and reached the grocery at the corner of Princess and Columbus, where he was stopped by Mr. Thos. Hayes, who attempted to arrest him. He broke off and ran down Washington street, followed by a crowd; then out Washington street to the canal, where the crowd lost sight of him. He then went up back of Colross and over the fields to the stone bridge, and thence by the grave yards past the store of Mr. Burrows on the Hunting Creek road. He passed there and had stopped to talk a short distance further on with a colored man, to whom he was telling his troubles. He noticed the flames across the creek, and had just said, "That fire is over by Pullman's or McWilliam's," when the officers came up and asked if his name was not Quander. He did not answer but ran. They fired. One ball struck him in the calf of his right leg, but he kept on; ran into the marsh; the blood ran into his shoe, and he heard it "slush," "slush," and the leg began to pain, but he kept on; ran into a ravine and crawled to the top of the hill, and had mounted two fences and was about to mount a third one with scarcely strength to get over, when the officers came up and struck him with a billy, cutting his head. They then brought him on to Burrows' store and then down Franklin street to Daniels' store at the corner of Washington street, where he lay exhausted on the pavement and got a cup of water. A wagon was procured there and he was brought to jail. Drs. Gibson and Stabler examined his wound this morning and found that the ball had passed through the fleshy part below the knee from back to front, the ball evidently striking the lower part of the leg while it was raised in the act of running. Quander will be sent to Fairfax.

Evening Star, October 6, 1879

Habeas Corpus. Felix Quander, colored, was brought before Judge C. E. Stuart this morning on a writ of habeas corpus, sued out by his counsel, Mr. D. W. Glassie, or Washington. Quander, it will be recollected, was arrested in Fairfax county and convicted of petit larceny, and sentenced to be whipped. Before the sentence was executed he escaped from the custody of the Fairfax officers, but was afterwards recaptured near Hunting Creek bridge, by Officers Bertis and Franks, of this city, and committed to jail, where he has since remained. In making his escape from the Fairfax authorities he was badly wounded in the leg by a shot. Mr. Glassie contended that the commitment was informal, and that the proceedings were void on account of the mayor not having authority to issue the warrant for the second arrest. The arguments of the prisoner's counsel were combatted by Commonwealth's Attorney Brent and Mr. J. M. Johnson, counsel for the Fairfax authorities. Judge Stuart held that the prisoner was still in the custody of the Fairfax officers under the former proceedings, and remanded him thereto; but on subsequent application admitted him to bail in the sum of $150 for his appearance before Justice Kerby, of Fairfax, on November 4th. Three colored men became his sureties, and he was released.

Evening Star, November 10, 1879

The Last of Quander's Case.––Felix Quander, Sr., whose arrest, escape, shooting and subsequent re-arrest have caused some commotion in the vicinity of this city, was brought before Justice Kerby, of Fairfax, on Tuesday, but that justice refused to examine the case, on account of the charges of prejudice formerly made against him. He sent for Justice John Broders, who tried the case. Quander, it will be recollected, had been sentenced to be whipped for petty larceny before his escape, and the examination was as to that crime. Quander plead for mercy, and as he had been severely wounded and had suffered much, Justice Broders decided to release him on his recognizance to keep the peace and be of good behavior. Quanders is understood to have admitted the fairness of his former trial by Justice Kerby.

Evening Star, November 11, 1879

Do Simple Justice to a Negro.

Editor Star:––Will you permit me to correct an error in your issue of yesterday under "Alexandria," touching the "Quander" matter. Neither Quander for himself, nor his attorney for him, asked for "mercy," as alleged. Esquire Brodus heard the case presented, and acted like a man, and dismissed the charge against Quander without bond or conditions. No bond was asked. No bond was given. Quander has never "admitted the fairness of his former trial by Esquire Kerby." The truth is, the judgment, sentence and proceedings had in the former trial were by his honor Judge Stewart declared void and set aside, otherwise Quander could not have been again brought before the justices for the same offense. I have no wish to be understood as in any manner reflecting upon Esquire Kerby or the judgment by him found; he no doubt acted upon the proofs then before him, and I learn he is satisfied with the later decision. Quander is not responsible for this.

Respectfully, ***