Letitia vs. Greenberry Smith I
Soon after this auction, Letitia and her children relocated to Douglas County, Oregon. Although she had relocated, she continued her fight against Smith. Somehow she became acquainted with Corvallis attorney Andrew Thayer, and in February 1854, Thayer filed suit against Smith on Letitia’s behalf. Letitia sought compensation from David Carson's estate for her seven years of service to him. She argued that if she was not David’s wife, then she must have been his employee, and was, therefore, due back wages in the amount of $3,750. She also alleged damages of $5,000, which was later reduced to $1,000.
In the court case that followed, both David’s nephew Andrew J. Carson and his illegitimate son, David Carson Jr. were subpoenaed to testify, along with several neighbors. In May 1855, the jury deliberated and returned their verdict. They had sided with Letitia. But while she won her case, she only was awarded only $300 in damages plus $222.20 in court costs.
Letitia's first success against Greenberry Smith in 1855
June 6, 1855 Judgment in favor of Letitia Carson
This document was written by the United States to the sheriff of Benton County on June 6th, 1855, confirming the judgment in favor of Letitia Carson and requesting that funds be paid. The language of the document is as follows "These are therefore in the name of the United States to command you that you satisfy said judgment and costs and other costs that may accrue out of the personal property of said estate in the possession of Said Greenberry Smith administrator." It is later signed by Jas H. Slater, clerk of the District Court of the Oregon Territory.