LEWIS POWELL VS CHARLES
HART, JR.
MERCER COUNTY KENTUCKY COURT
Benjamin Cox Lewis Powell Jr. Geroge H. Briscoe John Kimberlin 2 Sally Taylor
Polly Powell Elizabeth Nail Henry Taylor Henry Powell 2 Henry Nail William Duncan 2
John W. Bullock John Gibson Charles Hart Sr. Benjamin Martin James Jones James Bottom
John Powell Pleasant Hungate
BENJAMIN COX
DEPOSITIONThe deposition of Benjamin Cox taken at the same time and place to be read in the same case in behalf of the Defendant.
QUESTION BY DEFENDANT:
Was or was there not a settlement between Mrs Voiles and Charles Hart Jr.
ANSWER:
I heard Mrs. Voiles say she had a settlement with Charles Hart and she thought hard? of his charges.
QUESTION BY SAME:
Did you know anything about a debt or claim that existed against Charles Powell dec'd.
ANSWER:
I don't recollect any.
QUESTION BY SAME:
What did Mrs. Voiles say on her dying bed.
ANSWER:
She was then sick and stated as above.
Benjamin Cox
(in? deposition excepted to
'4??? H. DD:I do hereby certify that the deposition of Benjamin Cox was taken at the house of John Williams in Perryville and sworn to the 19th day of September 1828 as given under my hand.
Benjamin Jefferies? J. P. Esq.Charles Hart a party to the above was ? ? ? taking the two first depositions but was present at? the taking of the last and thought? ? ? asked no questions.
Benj. Jefferies?
LEWIS POWELL JR. (This page stappled with Thomas Crawford, Benjamin Martin and other Depositions but by date and with Lewis Powell seeming to be the questioner and Defendant I believe it was taken with Lewis Powell Jr. Deposition. The place is also the same as Lewis' Deposition. Fleta Aday)
DEPOSITION
The deposition Of Lewis Powell of lawful age taken at the home of John williams in Perryville this 19 day of September 1828 to be read as evidence in a certain Chancery now as pending in Mercer Circuit Court wherin Charles Hart, Jr. is complainant and Lewis Powel is defendant------
QUESTION BY DEFT. LEWIS POWELL.
Did or did not Charles Hart, Jr. Admst. of Charles Powell deceased say unto you that he owed the Estate of Charles Powell Dec'd nothing and that the said Estate owed him nothing either.
He did say so and further saith nothing.
Lewis Powel Jr.
NOTE ALONG THE SIDE OF ABOVE DEPOSITION:
The deposition of Lewis Powell Jr. objected to on the same? ground of interests. Harkin for Deft.
CATHARINE HUNGATE
DEPOSITONThe Deposition of Catharine Hungate taken at the same time and place.
Sayeth that she heard Charles Hart, Jr. say the the widow had paid off all the debts and all that she had was her own, further saith not. her
Catharin X Hungate
daughter of Charles Hungate MarkI hereby certify that the forgoing depositions of Lewis Powell Jr. and Chatharin Hungate was taken at the home of John William in Perryville the 19 th day of September 1828 and sworn too before me ? ? above.
Benj. ?Jefferies?
GEORGE H. BRISCOE
DEPOSITONThe deposition of George H. Briscoe taken agreeably to notice at the house of Edward Bullock in Perryville this 3rd day of March 1829 to be read as evidence in a suit in chancery now pending and under consideration? in the Mercer Circuit Court wherein Lewis Powell and Robert Burton are complainants and Charles Hart Adm. of Charles Powell Dec'd. is Deft. This deponent of lawful age and on oath deposeth and sayeth, That he as the Administrator of his father Dec'd. held a note on Charles Powell, Jr. (also Dec'd.) with Lewis Powell one of the complainants above named as security to said note which note was payable eighteen months after the death of Sarah Powell mother to the aforesaid Charles and Lewis Powell and the interest thereon accruing from year to year was to be paid annually by said Charles Powell but he failing to do so admitted the note to accruement? until it exceed the amount due him (Chas. Powel Jr.) as an heir of Charles Powell Sr. Dec'd and was about to cover the interest out of his security Lewis Powel at which time he the said Lewis Powel did agree and did take up Charles Powells note to which he was security and executed his own note for the said principal and interest (rest of line unreadable) on Charles Powel Dec'd. to which he was security for his only proper was and bought??
QUESTION BY DEFENDANT:
Do you know whether Mrs. Sarah Powell is still alive.
ANSWER:
To the best of my knowledge she is-- and farther sayeth not.
G. H. Briscoe
JOHN KIMBERLIN #2
DEPOSITONThe deposition of John Kimberlin taken at the same time and place with the foregoing and to be read as evidence in the same suit. This deponent of lawful age and on oath deposeth and sayeth.
QUESTION BY COMPLAINANT:
Did or not Deft. Hart tell you that he had all the papers of Mrs. Viles late widow of Charles Powell dec'd.
ANSWER:
Shortly after the death of Mr.s Viles Deft. Hart informed dependent that she had given up her papers to him and observed that he did not know what she meant by it unless it was that he might attend to her bossiness or words to that effect.
QUESTION BY DEFT. HART:
Did or not you hear Mrs. Viles speak very unfavorably of Lewis Powell Jr. her son.
ANSWER:
I have not recollection of ever hearing her speak unfavorably myself, but have heard my wife say that she did. And farther saith not.
John KimberlinJohn Kimberlin claimed attendance and rode nine miles. At ?? per mile-- 50
50
making $1.00
SALLY TAYLOR
DEPOSITONThe deposition of Sally Taylor taken agreeable to the notice at the home of Edward Bullock in the town of Perryville the 10th day of March, 1829 to be read as evidence in a certain suit in chancery now pending in the Mercer Circuit Court, wherein Lewis Powell & Robert Burton are complainants and Charles Hart, Adm. of Charles Powell dec'd is defendant. This despondent of lawful age and duly sworn and being interrogated by the defendant deposeth and saith that she was frequently with her Mother, Leah Voiles, before and during her last illness and often heard her say that the bond she had given to Charles Hart Jr., Adm. of her late husband, Charles Powell, dec'd. for property purchased at the sale of the decedent was not paid and that she frequently heard her mother exclaim against Benjamin Voiles, her then husband for not making arrangements to pay off said debt. On being interrogated by the Complainant Powell this despondent saith that her mother was in her right mind and senses when she made the above statements concerning said bond..
Question By Complainant:
How long is it since the death of your father Charles Powell.
Answer:
I think 8 or 9 years as well as I now recollect and further this despondent saith not. her
Sally X Taylor
mark
NOTE ALONG SIDE OF THIS PAGE:
Sally Taylor deft. excepted? ????? ???? she is a des??? of the note C.
POLLY POWELL
DEPOSTIONThe deposition of Polly Powell taken this 10th day of March, 1829 at the same time and place to be read as evidence in the same suit as the foregoing Deposition. This deponent of lawful age and duly sworn and being interrogated by the defendant deposeth and saith that she lived with her mother (Leah Voiles, formerly Leah Powell) until her death and that she frequently heard her say that the bond named in foregoing deposition was not paid off and often heard her exclaim against Benjamin Voiles, her then husband (before he left her) for not paying off said note, and further this deponent saith not.
Her
Polly X Powell
Mark
NOTE ALONG SIDE OF PAGE:
excepted to, deponent is a des????der of C. Powell's estate. C.
ELIZABETH NAIL
DEPOSITONThe deposition of Elizabeth Nail taken at the same time and place to be read as evidence in the same suit as the foregoing depositions. This deponent of lawful age and duly sworn deposeth and saith.
QUESTION BY DEFENDANT HART:
Did you or did not hear Lewis Powell ask your son Henry to swear against Charles Hart, Jr. and if he did not offer him a nice suit of broadcloth clothing to wear for him.
ANSWER:
I did hear Powell ask him to swear against Hart and I also heard him offer my son a suit of broadcloth clothes if he would swear as he wanted him, but Powell was beastly drunk.
QUESTION BY COMPLAINANT:
Was or was I not so drunk that I knew nothing?
ANSWER:
You was to the best of my belief.
QUESTION BY SAME:
Was or not I so drunk that your sons had to convey me home?
ANSWER:
You was. and further this deponent saith not.
her
Elizabeth X Nail
mark
HENRY TAYLOR
DEPOSTIONThe deposition of Henry Taylor taken at the same time and place and to be read as evidence in the same suit as the foregoing depositions. This deponent being of lawful age and duly sworn and being interrogated by the defendant Hart deposeth and saith, That he was frequently at the house of Leah Voiles, formerly Powell, and that he often heard her say she had not paid off a bond she had executed to Charles Hart, Jr. Adm. of her late husband Charles Powell Dec'd. That he frequently heard her exclaim against Benjamin Voiles her then husband for not paying off said debt, and that she applied to this deponent for money to pay said debt. On being further interrogated by the defendant this deponent saith that Lewis Powell the defendant came to his house and in a very friendly manner and invited him and his wife to come and see him, a thing he had never done before until the institution of this suit against him by you. This deponent further saith that he frequently heard Leah Voiles formerly Leah Powell say she had the utmost confidence in you, Hart, and that she had no fear of your deceiving or taking any advantage of her.
On being further interrogated by the defendant ??????????????????? That of this in the 5 the month of 1829 he witnessed a certificate signed by Lewis Powell marked H and herewith filed and which this deponent makes a part of his deposition.
QUESTION BY DEFENDANT HART:
Is or is not Lewis Powell whose certificate you witnessed a son of Charles Powell dec'd and Leah Powell afterwards Leah Voiles.
ANSWER:
He is or at least I have always understood so.
QUESTION BY COMPLAINANT POWELL:
Did you or not ever receive anything form Charles Hart Jr. Adm. of Charles Powell dec'd and did you ever give him a receipt.
ANSWER:
I have and did give him a receipt and further this deponent saith not.his
Henry X Taylor
mark
Note here unreadable.
HENRY POWELL #2
DEPOSITIONThe deposition of Henry Powell taken at the same time and place to be read as evidence in the same suit as the foregoing deposition. This deponent of lawful age and duly sworn and being interrogated by the deponent Hart deposeth and saith that on the 5th of this month he did which a certificate signed and acknowledge by Lewis Powell marked H and herewith filed and which this deponent makes a part of his deposition.
QUESTION BY DEFENDANT:
Is the above named Lewis Powell which gave the certificate the son of Charles Powell dec'd.
ANSWER:
He was always said to be his son.
QUESTION BY SAME:
Did or did not said Lewis Powell plainly and deliberately read said certificate in the presents of several persons before he signed it.
ANSWER:
He did.
QUESTION BY SAME:
What ?? in a conversation held by you and Robert Burton one of the complainants in this case at W. T. Henry's grocery some ago.
ANSWER:
Robert Burton addressed me calling me Lewis Powell (I suppose through mistake) and observed, Lewis, if you will help me and your Uncle (meaning Lewis Powell, complainant) we will come out as straight as a shingle.
QUESTION BY SAME:
Did or did not Benjamin Cox of Washington County acknowledge the service of a summons to attend here as a witness on this day.
ANSWER:
He did.
QUESTION BY SAME:
Did he or did he not acknowledge at the same time that when he gave a former deposition in favor of Powell the complainant he hired by said Powell to come and state that he should be well paid.
ANSWER:
He did
QUESTION BY COMPLAINANT POWELL:
At what time did the above conversation by said Cox take place.
ANSWER:
On the eight of this month.
ANSWER:
Further this deponent saith not.Henry Powell
NOTE:
excepted ??? ??? incompetent ???
The deposition of Henry Nail taken at the same time and place and to be read as evidence in the same suit as the foregoing. This deponent being of lawful age and duly sworn and being interrogated by this dependent deposeth and saith that some five or six months ago Lewis Powell the complainant in this suit offered him a suit of broadcloth clothes if he would swear for him against Charles Hart. Deponent told him he knew nothing to swear. Powell told him he must swear as he wanted him and if he would he would give him a suit of clothes worth forty dollars.
QUESTION BY DEFENDANT:
Did or did not said Powell make you the above offer more than once.
ANSWER:
He did, five or six different times.
QUESTION BY SAME:
did or not said Powell come to see you three or four times while you was living with William Duncan and converse with you on that subject and repeat the same offer.
ANSWER:
He did.
QUESTION BY SAME:
Was or not said Powell sober when he made you the above offers.
ANSWER:
I think he was a little intoxicated when he first made the offer, but he was generally at all other times and further this deponent saith not.his
Henry X Nail
markThe further taking of deposition is discontinued until tomorrow morning 11 O'clock, March 10th 1829.
N. Mays J. P. M. C.
WILLIAM DUNCAN #2
DEPOSITONMet agreeable to adjournment this 11th March 1829 at the house of Edward Bullock in the Town of Perryville, and preceded to take the deposition of William Duncan to be read as evidence in certain suit in Chancery now pending in the Mercer Circuit Court wherein Lewis Powell and Robert Burton are complainants and Charles Hart Jr. Adm. of Charles Powell is defendant. This deponent being of lawful age and duly sworn and being interrogated by the defendant deposeth and saith. That Lewis Powell complainant came to his house two or three times during the time Henry Nail lived with him, and that said Powell had a private conversation with said Henry Nail each time. On being further interrogated by defendant this deponent saith he believes said Powell was duly sober.
QUESTION BY DEFENDANT HART:
Did you or not on yesterday hear complainant Powell and Burton say the had the money in controversy and that they were ready and willing to pay it to the heirs on a fair settlement, but that they were unwilling to pay it to Hart.
ANSWER:
I did hear them say so and further this deponent saith not.William Duncan
JOHN W. BULLOCK
DEPOSITIONThe deposition of John W. Bullock taken this 11th day of March 1829 at the same place to be read as evidence in the same suit as the foregoing depositions. This deponent being of lawful age and duly sworn and being interrogated by the defendant deposeth and saith that he heard Mr. Lewis Powell complainant say that he had the money of the heirs and that he would pay it upon a fair settlement but Charles Hart would never have it if he could help it. This deponent further saith that the above statement was made by said Powell on yesterday, and that he heard him a few days ago say he had the money, that he had sold property to secure himself and further this deponent saith not.
John W. Bullock
JOHN GIBSON
DEPOSITIONThe deposition of John Gibson taken at the same time and place to be read as evidence in the same suit as the foregoing deposition. This deponent of lawful age and duly sworn and being interrogated by the defendant deposeth and saith That in a conversation he heard complainants Powell and Burton say they had the money for which Hart was contending and that they were willing and ready to pay it to the heirs upon a fair settlement but that they did not want Hart to have the money and further this deponent saith not.
John Gibson
CHARLES HART SR.
DEPOSITONThe deposition of Charles Hart SR. taken at the same time and place to be read as evidence in the same suit as the foregoing deposition. This deponent of lawful age and duly sworn and being interrogated by the defendant deposeth and saith That he heard the widow Voiles formerly the widow Powell say she was indebted to Charles Hart Jr. Adm. of Charles Powell dec'd when on her death bed that she died at his house and that she was in her proper senses as this deponent believes.
QUESTION BY DEFENDANT HART:
Did you or did you not hear said Widow Voiles formerly the widow Powell say on her death bed that I was the best friend she had.
ANSWER:
I did hear say so several times.
QUESTION BY SAME:
Did or did not I borrow money of you to pay the debts of Charles Powell dec'd.
ANSWER:
You borrowed money of me for that purpose as you said.
QUESTION BY COMPLAINANT:
how long was it from the time said widow was taken sick until she died.
ANSWER:
I cannot tell and further this deponent saith not.his
Charles C Hart Sr.
mark
BENJAMIN MARTIN #3
DEPOSITONThe deposition of Benjamin Martin taken at the same time and place to be read as evidence in the same suit as the foregoing depositions. This deponent of lawful age and duly sworn deposeth and saith.
QUESTION BY DEFENDANT HART:
Did you or not hear Charles Hungate say he believes there was no punishment after death, but that all the hell a man suffers was in this world.
ANSWER: I did.
QUESTION BY SAME:
Did you or did you not hear said Hungate say he did not believe there was any Hell, devil, or Heaven.
ANSWER: I did hear him say so.
QUESTION BY COMPLAINANT:
Did you or not believe said Hungate was jesting when he made the above statements or did you think it was his real sentiments.
ANSWER:
I have frequently heard him say so and take that sid of the question in argument. I don't know whether he was jesting or not and further this deponent saith not. Benjamin Martin
JAMES JONES
DEPOSTIONThe deposition of James Jones taken at the same time and place to be read as evidence in the same suit as the foregoing depositions. This deponent of lawful age and duly sworn deposeth and saith.
QUESTION BY DEFENDANT HART:
Have you or have you not heard Charles Hungate deponent in this suit say he believes there was no punishment after death but that all the Hell a man suffers is in this world.
ANSWER: I believe I have.
QUESTION BY SAME:
Did you or did you not hear said Hungate say he did not believe there was any Heaven, Hell, or Devil.
ANSWER: I don't recollect that I did.
QUESTION BY SAME:
Has or has not Charles Hungate expressed to you that he was unfriendly towards Charles Hart, JR.
ANSWER: I think he has.
QUESTION BY SAME:
Do you or not believe said Hungate would od justice on oath to Charles Hart Jr. if he was interested.
ANSWER: I don't believe he would.
QUESTION BY COMPLAINANT:
Did you or not ever hear said Hungate express his belief respecting the existence of a God.
ANSWER:
I did not, but his general character is that he does not believe in the existence of a God and further this deponent saith not.
his
James X Jones
mark
The deposition of James Bottom taken at the same time and place to be read as evidence in the same suit as the foregoing depositions. This deponent of lawful age and duly sworn deposeth and saith.
QUESTION BY DEFENDANT HART:
Have you or have you not heard Charles Hungate deponent in this suit say he believes there was no punishment after death, but that all the hell a man suffers is in this world.
ANSWER:
I have.
QUESTION BY SAME:
Did you or did you not hear said Hungate say he did not believe there was any God, Heaven, Hell, or Devil.
ANSWER:
I have heard him say he did not believe there was either and further this deponent saith not.
James F. BottomMercer County Ct.
The foregoing depositions of Sally Taylor, Polly Powell, Elizabeth Nail, Henry Taylor, Henry Powell, Henry Nail, William Dunkin, John Bullock, John Gibson, Charles Hart SR., Benjamin Martin, James Jones, and james F. Bottom was taken subscribed and sworn to before the undersigned a Justice of the piece for said county at the time and place and for the purpose stated in the captions there of given under my hand this 11th day March 1829.
Nelson Mays J. P.Justices fee-- $2.00 paid by Defendant
Witness attendance 8.00 }$10.00NOTE HERE UNREADABLE
JOHN POWELL
DEPOSTION
The deposition of John Powell taken at the house of Richard Huff ? in the County of Mercer ? ? the 30 day of March 1829 to be read as evidence in a suit in chancery Now depending and undetermined in the Mercer Circuit Court wherein Lewis Powell & Robert Burton are complainants and Charles Hart Jr. Adm. of Charles Powell Dec'd. is Deft. This deponent being of lawful age and duly sworn deposeth and saith.
Deponent says that he was at Mrs Vileses (his mothers crossed out) frequently during her illness and also states that he never heard (his mother and several other words crossed out again) anything said about this Bond during (more crossed out) or Hart.
QUESTION:
Did you or did you not hear anything said about the Bond by either Mrs. Viles or Hart for some years back.
ANSWER:
I did not to the best of my recollection.
QUESTION BY COMPLAINANT:
Do you or do you not know that Mrs Viles always had property enough to pay all the debts that she would if she had been called on at anytime.
ANSWER:
I think she had to the best of my recollection.
QUESTION BY COMPLAINANT:
Do you or do you not believe that she was always able to pay that bond in controversy if she had been called on for it.
ANSWER:
I think she was.
QUESTION BY COMPLAINANT:
Did you or did you not know if Mrs. (Powell crossed out) Viles purchasing a track of land since the death of her first husband and since that bond was given.
ANSWER:
I did.
QUESTION BY COMPLAINANT:
What did she pay for the land she purchased.
ANSWER:
She paid one horse at Eighty Seven Dollars one Do (think this means dido or another horse) at forty dollars.
QUESTION BY COMPLAINANT:
Did she or did she not keep all her children together after the death of her first husband.
ANSWER:
She did.
QUESTION BY COMPLAINANT:
Had she or had not always plenty to support them in comfortably.
ANSWER:
She always had and further this deponent saith not.
his
John X Powell
mark
PLEASANT HUNGATE
DEPOSITIONThe deposition of Pleasant Hungate taken at the time and place as above.
This deponent being of lawful age and duly sworn deposeth and saith that the deponent heard Charles Hart, Jr. Adm. of Charles Powell Dec'd. say the Estate of the said dec'd. Charles Powell owed him nothing.
further this deponent saith not
Pleasant Hungate
Mercer County Ct.?The above and foregoing depositions of John Powell and Pleasant Hungate was taken subscribed and sworn at the house of Richard Huff ? in the County ? ? ? Commonwealth Justices ? ? ? ? said this 30th day of March ?
(Signature unreadable)