Jackson Co., TN Loose District/Chancery Court Papers
Reel #117, State of Tennessee vs. Cassity - McKinley
Vol: 1839-1915

Genealogical Abstracts by Bonnie Parker

Cases indexed alpha by Plaintiff. Although there is a cross-index reel at TSLA by Defendant, there is no 'everyname index', so there is no hint of what reel actually contains. Genealogical extractions in order they appear on each case. Sometimes depositions not dated. The purpose is not to find who did what to whom, but how they were related. The quality of this microfilm varies widely. Sometimes the copy at Tennessee State Library & Archives is more legible. Microfilm reels may be ordered by mail. http://www.state.tn.us/sos/statelib/r&r/mfcounty.htm

NEW CASE.

STATE OF TENNESSEE VS.
CASSETTY, M. G.
CIRCUIT.
1906.

DEPOSITION: M. G. CASSETY, DEFENDANT.

I am 52 years old passed. I weigh about 145 pounds and weighed about that at the time of the difficulty. I stayed at home the night before the difficulty. Author (Arthur) Donoho stayed there. I left home about 7:30 or 8 o'clock that morning. Donoho went to take Mrs. Birdwell to Charley Forcum's to visit a sick child. I was Deputy Sheriff then. Donoho was to meet me at the forks of the road at Burr Jenkins. He was there when I got there. I walked from my house to Jenkins. I saw Bill West, Jim Jenkins, Homer White and Jim Carver on my way. I own some land on Hunting Creek jointly with Mrs. Birdwell. Had just owned it a few days. I talked to Mrs. Birdwell in regard to renting the land. She agreed for me to rent it to Taylor Gaines. My object in going to Gaines was to rent him the land . . .

I said (to Gaines) I come down here to rent that place to you. I have bought it and have got a deed to it, you are close to it and I would rather you would have it than any one else, as you can look after it and not live on it. He said if you have a deed to it I don't want to have anything to do with the damn land.

(Altercation followed, reported in detail, Gaines attempted to stab Cassetty, and Cassetty shot Gaines.)

I had a capias for the arrest of Bud Carter. I had some other capiases and some civil papers to execute at the time. I turned them all over to Sheriff Carter when he arrested me, and have not served as Deputy Sheriff since that time.

DEPOSITION: AUTHOR (ARTHUR) DONOHO.

I am 22 years old. I knew the dec'd.

Defendant is my uncle by marriage.

Uncle Mont. . .

DEPOSITION: J. H. TRENT.

DEPOSITION: CHARLEY TAYLOR.

I am a Deputy Sheriff of this county.

DEPOSITION: W. B. CARVER.

DEPOSITION: SARAH A. BIRDWELL.

Defendant is my son in law. I live at his house.

. . . my son Tad. . .

DEPOSITIONS: FRANK SPIVEY, MARIAH SPIVEY.

DEPOSITION: PERCY FORCUM.

Mont married my cousin and Gaines was my own cousin.

DEPOSITIONS: ZEKE STRODE, NEWTON FORKUM.

DEPOSITION: DELIA CASSETY.

The defendant is my father in law. I married his son Willie Cassety. We lived on Hunting Creek at the time of the difficulty.

DEPOSITION: WILLIE CASSETY.

The defendant is my father. Delia Cassety is my wife.

My house burned up and I was called home during last July Court.

DEPOSITION: MATTIE CASSETY.

The defendant is my father in law. I married his son John Cassety. At the time of the difficulty, we lived with the defendant.

DEPOSITION: L. V. BURROUGHS.

I was Deputy Sheriff under J. W. Carter.

DEPOSITIONS: JOE DAVENPORT, COMER HIX.

DEPOSITION: N. B. YOUNG.

I am a Justice of the Peace for Jackson County, and have been such for 25 years.

DEPOSITIONS: ZACK MOSELEY, WILLIAM MOSELEY, CLAY MOSELEY, WHEELER HUNTER, J. B. DAVENPORT, WINTON HUNTER, BOB HUNTER, BRISON CRABTREE, SCOTT WILSON, S. D. HANKINS, MACK SMITH, T. B. WITCHER.

DEPOSITION: MRS. ADDIE WEST.

I am the wife of William West.

DEPOSITIONS: JAMES WEST, E. D. FORKUM.

DEPOSITION: SARAH DAVENPORT.

I live near Haydensburg. I am the wife of Will Davenport. I wash for Cassety's wife.

DEPOSITIONS: JOE SLOAN, M. Y. SETTLE, DR. HARRY LEE.

DEPOSITION: WILLIAM DAVENPORT.

It was the day my mother in law died, on the 21st day of Feb. 1906.

DEPOSITION: MARSH GAINES.

I was an own cousin to Taylor Gaines.

DEPOSITION: JOHN CASSETY.

The defendant is my father. I lived in the house with him. I was at my store on Wartrace Creek on the day of the difficulty.

DEPOSITIONS: KIRK FORKUM, NOAH JENKINS, J. G. RAY, HASKEL GENTRY, M. H. DAVENPORT, JAMES SLOAN.

DEPOSITION: SHERMAN LAWSON.

I live on the headwaters of Jennings Creek at Hall's Mill. Thomas Law has worked this year at the mill with me.

DEPOSITION: H. A. CRABTREE.

Gaines was related to my wife.

DEPOSITION: P. T. CLARK.

. . . my store at Haydensburg. . .

. . . my boy Pat . . .

DEPOSITION: CINDA CLARK.

I am the wife of Peter Clark.

DEPOSITIONS: NORA HIX, SARAH SPIVEY, GEORGIA HIX, WILLIAM CARNIHAN, WILLIE FORKUM, BEDFORD HIX, M. W. HANCE, SCOTT WILSON.

DEPOSITION: A. MUNDAY.

I live in a quarter of a mile of Mont Cassety. I saw him on the morning of the difficulty before he left home. His wife was with him.

. . . my shop . . .

DEPOSITIONS: BED HIX, HALLIE JENKINS, HENRY CHERRY, ZEKE STRODE, HUGH CLARK, KIRK HIX, BASCOMB MOSELEY.

DEPOSITION: THOMAS MURRAY.

I was at Peter Clark's store a few days before the last July Court in 1906.

DEPOSITION: FRED WILSON.

AFFIDAVIT FOR CONTINUANCE.

7 Nov. 1906.

WITNESS: KIRK FORKUM. The wife of this witness is sick and also two of his children; one of the children is at the point of death and expected to die shortly, and his wife and his other child are also very sick . . . they are sick of fever . . .

DEPOSITION: H. S. BROWN.

15 Nov. 1906.

. . . H. S. Brown, known as Sam Brown . . .

Deposition taken: 10 Feb. 1910 at Nashville TN.

DEPOSITION: J. C. DAVENPORT.

I am 40 years of age. My residence is Davidson Co. TN. I lived in Jackson Co. TN. I lived there all my life up to 2 years ago when I left and came to Davidson Co.

J. C. Davenport (his mark)

Deposition taken: 15 Nov. 1906.

DEPOSITION: ED FORKUM.

E. D. (?) Forkum (signature)


NEW CASE.

STATE OF TENNESSEE VS.
CULLOM, LONZO ET. ALS.
CIRCUIT
1892.

MURDER.

SYNOPSIS.

There were two trials for this case. The first judgement was thrown out because of a tainted jury. Because of the two trials, much of the evidence is repeated over and over. There are few dates included, and papers are all mixed together, so it is hard to tell which is for which trial. Sometimes people are identified as colored, but not always. Sometimes it is evident from testimony that someone is colored, but they are not identified as such.

The Negroes were having a picnic, on grounds that they had rented. They were behaving well. Several white men, who had been drinking, invaded the picnic and started taunting the Negroes. Several Negro men asked the whites to please leave. They refused and someone started throwing rocks. A melee ensued, and John Anderson with struck with a board and killed.

GRAND JURY REPORT.

Nov. Term 1890.

Grand Jury was asked, on 2 Aug. 1890, to inquire as to Lonzo Cullum alias Lon Cullom, Gus Roberts, George Roberts, Lon Carver alias Lon Brooks, Wash Gipson, James Mercer alias Jim Mercer, John Terry, Menda Gore, William Reubin alias Bill Reubin, Fate Richie alias Lafayette Richie and Mary Cornwill (all colored) . . .an assault did make in and upon the body of John Anderson . . . did then and there beat, bruise and wound, inflicting . . . diverse mortal wounds upon the breast, back, body and limbs of the said John Anderson, of which mortal wounds he, the said John Anderson then and there languished for the space of one hour and so languishing then and there did die.

The jurors found that the parties that inflicted the wounds did kill and murder in the first degree.

INQUISITION.

2 & 3 Aug. 1890.

Jurors find that John Anderson came to his death by a blow from the hands of Lonzo Cullom, col., with a heavy piece of plank 3 or 4 feet long and 1/4 of an inch thick. And from the evidence said Lonzo Cullom, col., is guilty of murder in the first degree. And that Gus Roberts is guilty as accessory before the fact of said murder.

GRAND JURY REPORT.

July Term 1892.

(A second trial was ordered after the jury of the first trial was found to be tainted.)

. . . Lonzo Cullom, alias Lon Cullom, on the 1st day of Aug. 1890 . . . did . . .wound, strike and kill John Anderson and so committed murder in the second degree.

DEPOSITION: D. B. JOHNSON.

D. B. Johnson (signature)

DEPOSITION: ED STAFFORD.

I am 14 years old.

DEPOSITION: MOUNCE G. BULLINGTON.

DEPOSITION: E. A. BROWN.

(Anderson) was hit on the left side of head, just above his ear and died in 2 or 3 hours.

DEPOSITION: GEORGE WALKER.

. . . my farm . . .

DEPOSITION: AMERICA WALKER.

I am wife of witness George Walker. Have been in (this) County 2 or 3 years past.

DEPOSITION: TRAVIS TRISDEL.

DEPOSITION: WM. TRISDALE.

I live on widow Chapman's land.

DEPOSITION: HARRISON KEATH.

DEPOSITION: NIMROD REED.

I am the same Nimrod Reed who was indicted and convicted by a jury in this Court for Perjury but the Judge set aside the (unreadable) and dismissed the suit, and the same who waylaid (?) my brother in law, John T. Smith, and an assault on him with a gun (sic). I had a row with Bee Fany (?) and I made an assault on Bill Brown with a knife.

DEPOSITION: WM. STAFFORD.

I know Tom Anderson. He lives in De Kalb county. He lives with his father, the prosecutor F. M. Anderson.

DEPOSITIONS: RED TISDAL, ANDY GERMAN, WM. STAFFORD.

DEPOSITION: SAM GORDON.

I am the same Sam Gordon that stole Marion Harris's Pension Check and that was accused of it. I am the same man that took it to the bank of Gainesboro and told the Cashier I was Marion Harris and procured the money on the check. I am the same man that was arrested on said charge and am at the present working for James Williams to pay it off.

DEPOSITIONS: WM. PHARRIS, SAM STEADHAM.

DEPOSITION: MRS. MARTHA RASHAN (RASH?)

(Lon Cullom) was brought to my house at the jail.

DEPOSITION: MARY SMITH.

She says she has some illegitimate children, and admits to being a prostitute.

DEPOSITION: PLEAS TAYS.

The negroes were all peaceable and quiet and were having a good time till John Mayfield started the fuss and the white men went over the fence and went into the fight (This is the same testimony many of the witnesses gave.)

DEPOSITION: ANDY MARTIN.

DEPOSITION: DR. H. P. LOFTIS.

I am a practicing physician.

(The deceased) died from the wound. His skull was crushed in.

DEPOSITION: WM. YORK.

Saw John Anderson die. He died at old man Canter's same day of picnic before dark.

DEPOSITION: DR. O. M. WHITE.

DEPOSITION: ALONZO CULLOM.

. . . a path that led from my father's house . . .

DEPOSITION: F. M. IRWIN.

Have known deft. 13 or 14 years.

Knew him in Overton Co. and his father lived about 3/4 mile from me. I have lived here since 1884.

. . . Minor Brother's Store.

. . . L. S. Anderson's Store.

DEPOSITION: Z. W. WILLIAMS.

I was clerking for L. S. Anderson at the time of the picnic. He was running a saloon in Gainesboro at the time.

DEPOSITION: JAMES LAPSEY, COL.

. . . L. S. Anderson's Drug Store.

DEPOSITION: JOHN BARRINGTON (?)

DEPOSITION: DAVE PHARIS (COL.)

I was the fiddler on the occasion (of the picnic.)

DEPOSITIONS: W. T. COPLAND, JOHN TERRY.

DEPOSITION: ED HOLLIMAN.

My boy was drinking some. . . (The man that was drinking is identified as Brice in other witness's testimony.)

DEPOSITIONS: TOM WALKER, BRACK ELKINS, G. W. MORGAN, A. B. YOUNG, ZONA CULLOM, MART GORE, M. G. BAILES & JAMES A. WILLIAMS, KILLIS RAWLEY, LON CARVER (COL.), GEORGE ROBERTS (COL.).

DEPOSITION: MARTHA ROBERTS (COL.)

I am the wife of George Roberts.

. . . end of the path that led from Sam Culloms to the branch.

DEPOSITION: WM. CULLOM.

I am brother of defendant.

DEPOSITIONS: NATHAN STONE, THOS. YORK, F. M. IRWIN.

DEPOSITIONS:

The following stated that they have known the defendant for the past 8 - 15 years and that they have lived close to him and in Gainesboro with him during all that time, and attest to his good general character.

W. B. Butler, atty. at law.

W. C. Morgan, Sheriff, Jackson Co. for 6 years.

W. G. Butler, atty. at law.

L. K. Swint, atty. at law.

J. A. Williams, Cashier, Gainesboro Bank.

Y. W. Williams.

F. K. Kelly, merchant.

Clay Reeves, Circuit Ct. Clk for 7 years.

W. H. Brooks, Sheriff of Jackson Co. for last 3 years.

W. M. Dennis, D. Sheriff last 3 years.

W. E. Ragland, former merchant and druggist.

J. R. Darwin, D. Sheriff last 3 years.

Maurice L. Gore, former Circuit Ct. Clerk and merchant.

W. J. Dixon, atty. at law.

W. W. Draper, atty. at law.

T. G. Settle.

T. G. Gailbreath, former merchant.

James M. Kelly, merchant.

S. B. Anderson, Clerk in Bank of Gainesboro.

John Dennis, D. Sheriff under W. C. Morgan.

S. G. Gore, farmer.

Daniel N. Johnson, farmer.

S. B. Fowler, M.D. and surgeon.

J. S. Buroughs, const.

M. G. Bullington, states witness.

L. B. Anderson, M. D.

J. H. Chaffin, County Court Clerk.

N. M. Cox, atty. at law.

G. W. Morgan, salesman & (unreadable) W. C. Morgan.

G. W. Hampton.

J. J. Stamps, mechanic.

B. A. Butler, atty. at law.

DEPOSITIONS: D. N. JOHNSON, DEE RICHIE, M. J. DIXON, B. A. BUTLER, BENTON KIRK, DR. S. H. MINOR, J. M. MORGAN & W. W. DRAPER, JOEL SAUTS (?), JOHN S. BURROUGHS, E. A. BROWN, WM. PHARRIS, BURT CLINTON, (TORN OFF FIRST INTIAL) S. ANDERSON, DR. HEROD, MOUNCE BULLINGTON, E. A. BROWN, TRAVIS TRISDALE, NIM REED, WM. PHARRIS, TOM WALKER, WM. STAFFORD, ED STAFFORD, SIMEON GENTRY, BURT CLINTON, LAFAYETTE MARTIN, DOXIE WEST.

DEPOSITION: MRS. RASH.

I was keeping jail . . .

DEPOSITIONS: SAM STEADMAN, E. A. BROWN, LON CULLOM.

DEPOSITION: KILLIS RAWLEY.

. . . John Anderson's brother Thomas. . .

DEPOSITIONS: ELLISON LOFTIS, NATHAN M. STONE, BOON HASTAND, MRS. NANCY E. ROBERTS.

DEPOSITION: DAVE PHARIS.

I was there; playing the fiddle.

. . . John Terry, the banjo man . . .

DEPOSITONS: ED HOLLIMAN, W. B. BUTLER, GEORGE H. MORGAN, ZONA CULLOM, GUS ROBERTS, M. G. BUTLER, JAMES A. WILLIAMS, JOE MORGAN, WASH MORGAN.

DEPOSITION: W. C. MORGAN.

I was Sheriff 6 years.

DEPOSITIONS: LON CARVER ALIAS LON BROOKS, GEORGE ROBERTS, W. T. COPELAND, M. J. DIXON, NATHAN BURRIS, LAFAYETTE MARTIN, JOHN P. MABURY, L. M. CASON.

DEPOSITION: JESSE E. JACKSON.

I own a mill.

DEPOSITIONS: JAMES J. WILLIAMS, JOHN H. STAFFORD.

DEPOSITION: G. W. JAQUESS.

G. W. Jaquess (signature)

DEPOSITIONS: J. H. STAFFORD, THOMAS YORK.

DEPOSITION: JOHN W. COOMER.

John W. Coomer (signature)

DEPOSITION: NATHAN BURRIS

N. H. Burroughs (signature)

GRAND JURY FINDINGS.

Nov. Term, 1890.

Lon Cullom found guilty of murder in the second degree.

STATE VS.
WEBB & LON CULLOM.

A few documents from the case involving Webb Cullom are mixed in the above case. I don't know how Lon Cullom figures in this case with Webb Cullom. (bp)

DEPOSITION: KILLIS ROWLEY.

Killis Rowley (signature)

DEPOSITION: M. J. DIXON.

M. J. Dixon (signature)

DEPOSITION: E. O. SMITH.

STATE OF TN VS. WEBB CULLOM.

1903.

Webb Cullom killed Will/Bill Brooks.

No verdict is given in the documents.

REQUEST FOR CONTINUANCE.

4 Nov. 1903.

Affiant admits that he shot and killed deceased but insists that in doing so he acted in his own necessary self defense, that deceased attacked him, and he believed at the time he was in imminent peril of life or great bodily harm . . .

Webb Cullom (signature)

THE STATE VS. WEBB CULLOM.
4 Nov. 1903.

(Soon after defendant was indicted) Nat Clenny lived with his mother in Gainesboro, and George and Pickett Pharris lived with their father within about 3 miles of this place. They had all been raised here . . .

INDICTMENT FOR MURDER.

. . . Sam Cullom, Jr., who lives in the State of Kentucky.

(Deceased) was at the time (he was killed) under Indictment for felonious assault and Battery upon the person of another.

THE STATE VS. WEBB CULLOM.

. . . Nat Clenny, Pickett Pharis, and George Pharris . . . are in the State of Kentucky. Said witness Clenny will further prove that he and affiant went to the mountain to work on the Railroad . . . This occurred in the fall of 1902.


NEW CASE.

STATE OF TENNESSEE VS.
CURTIS, JAMES.
CIRCUIT.
1873.

GRAND JURY FINDING.

J. M. Curtis alias Milt Curtis did, on 1 May 1873, in Jackson County TN, assault and murder in the first degree, Richard Dickerson, with a pistol.

 

STATE OF TENNESSEE VS. J. M. CURTIS

ASSAULT TO KILL AND CARRYING PISTOL.

3 CASES.

15 Sept. 1874.

REQUEST FOR CONTINUANCE.

He expects to prove by Ruby Loftis that the prosecutor Richard Dickerson was drunk when he arrested affiant. The time when the shooting is alleged to have been done that said Dickerson being intoxicated--he and his posse charged upon affiant in such violent manner as to necessarily alarm affiant and he endeavored to escape from them and ran whereupon said Dickerson and his posse commenced shooting at affiant and that affiant thereupon fired back at them. That affiant was himself very much intoxicated at the time.

He will prove by witness S. D. Webb that on the morning when affiant was first arrested by Dickerson at S. D. Webb's house, that Dickerson gave affiant his, Dickerson's, pistol and told him to carry it and go with him and that he did so in obedience to the order of the officer, being a prisoner at the time--which is the same time and occasion for which affiant was presented for carrying a pistol. He expects to prove by McKenzy Loftis that affiant and Dickerson were drinking together at the house of defendant after he was arrested first as aforesaid and that Dickerson ordered affiant to get his pistol after arresting him. That Dickerson told affiant to go on to the trial and he would follow and that affiant was on his way to the trial when he was charged upon as before stated and not attempting to make his escape. Affiant further states that his wife is lying very low of a severe spell of sickness and needs his attention.

. . . the said Ruby and McKenzy Loftis have recently removed from the State and are supposed to be in the State of Missouri.


NEW CASE.

STATE OF TENNESSEE VS.
DENNIS, FRANK AND EMILINE LEE.
CIRCUIT.
1882.

EXHUMATION OF THE BODY OF SUSAN DENNIS.

Arsenic apparently found in the stomach. (bp)

GRAND JURY FINDING.

Franklin Dennis alias Frank Dennis and Emeline Lee alias Em Lee on the 28th day of Feb. 1882 in the County and State aforesaid (Jackson Co. TN) . . . wickedly contriving and intending one Susan Dennis . . . to kill and murder in the first degree . . . a large quantity of a certain deadly poison called arsenic did give and administer unto the said Susan Dennis . . .

(After taking the arsenic, Susan Dennis) from the said 28th day of Feb. 1882 until the 1st day of March 1882 . . . did languish and languishing did live on (and died on 1 March 1882.)


NEW CASE.

STATE AND COUNTY VS.
DENNIS, WM. AND OTHERS.
CHANCERY.
1905.

BILL OF COMPLAINT.

Complainant James R. Jetton is one of three Revenue Agents of the State of Tennessee, with jurisdiction over Jackson Co. He's the successor in office of Thomas B. Johnson, whose term expired June 1, 1905.

Defendant W. M. Dennis was Trustee of Jackson Co., elected Aug. 1902.

Complainant's charge that said Dennis failed to make final settlements of his accounts within the time fixed by law and that he did not have the balance due to the various funds. The aggregate amount due was about $1200. The balance was finally paid, but penalties are still due.


NEW CASE.

STATE OF TENNESSEE VS.
DAVID H. DRAPER.
CIRCUIT.
1875.

GRAND JURY FINDINGS.

. . . David H. Draper on the 1st day of June, 1871 . . .upon one Robert F. Richmond . . . with a certain ax . . . did make an assault . . . and inflicted divers mortal wounds each of the depth of 6 inches and of the breadth of 5 inches, of which mortal wounds the said Robert F. Richmond then and there languished for the space of 4 days and so . . .did . . .die.

. . . did kill and murder in the first degree. . .

INDICTMENT FOR MURDER IN THE FIRST DEGREE.

DEPOSITION: WILLIAM HERRING.

Witness lived in the year 1871 in the house with his father in law Adam S. Huffines, near Highland in Jackson Co. TN.

About the 7th June 1871, Robt. F. Richmond and David H. Draper came to witness's house late in the evening . . . They were riding . . . When they came they seemed to be friendly . . . Draper said get down and let's get something to drink . . .They were both drunk . . . My little boy 6 or 7 years old . . . (Herring and his family went to supper and left the two men on the porch. Herring heard them arguing. He went out to the porch and the two men started punching and kicking each other. Draper picked up an ax and struck Richmond with it repeatedly.)

My wife is a niece of the deceased. Draper and deceased then lived and had lived for several years in a mile of each other and about a mile and a half from my house. My house was directly on the road which leads from Highland to both their houses.

DEPOSITION: JOSEPHINE HUFFINES.

I am a daughter of Adam S. Huffines and niece of Robt. F. Richmond, dec'd. I found a sharp pointed Barlow knife lying on the floor near to and on the right of Uncle Frank.

DEPOSITION: THOMAS D. HERRING.

. . . Jerry Ray's grocery at Highland.

I was about 17 years old (at the time of the killing.)

DEPOSITION: DR. A. M. FERGUSON.

(Richmond) was cut on the right side of the head just above the R. eye, the skull was split to the brain and he died from the wound.

DEPOSITION: JOHN SNEED.

. . . from Jerry Ray's Grocery towards W. B. Harris' store along the Road near the creek.

DEPOSITIONS: WM. TERRY (?), L. C. NOLL/ROLL (?).

DEPOSITION: MATHEW ROGERS.

I am brother in law of deceased.

His last wife is my sister.

R. F. Richmond was a peaceable, quiet man when sober but when intoxicated he was fierce and quick to take an insult and was overbearing.

DEPOSITION: MARY HERRING.

I am a daughter of Adam S. Huffines and the wife of William Herring. . .

Mary Lee, daughter of R. F. Richmond . . .

DEPOSITION OF W. B. HARRIS.

. . . my store . . .

DEPOSITION: LOGAN N. MC CARVER.

. . . Veaches Blacksmith Shop . . .

DEPOSITION: WILLIAM C. PURCELL.

I have been Sheriff and Tax Collector of Jackson Co. for years.

DEPOSITIONS: A. W. DRAPER, S. A. COPETTY (?), WILLIAM DRAPER.

DEPOSITION: JOHN DRAPER

Is a son of defendant . . .(his) father had been drunk for about 4 weeks at the time of the difficulty; his drinking had injured his health.

DEPOSITION: DR. A. FERGUSON.

DEPOSITION: ERVIN COVERT/AVERT (?)

. . . stated he was not the owner of any Real Estate in Jackson Co., that not many weeks ago he married a daughter of Mrs. Ann Beck, a widow lady who lives a short distance from Gainesboro and has been staying with her since his marriage.

(This is significant because evidently one had to be a property owner to be a juror. He had been on the original jury in this case. Because he was not a property owner, a mistrial was called, and the case had to be retryed.)

DEPOSITION: NAPOLEON B. RICHMOND.

Deposition taken: 29 May 1874.

DEPOSITION: POLLY WHITE.

I am going on 74 years of age--was 73 last Feb. I have resided in Jackson Co. from the time I was one year old til the present, except a few months that I lived in Kentucky. I was acquainted with R. F. Richmond prior to his death, have known him ever since he married his first wife about 30 years.

I lived with Huffines, who is my son in law.

Polly White (her mark)

DEPOSITION: J. M. MAXWELL.

Lives in Overton Co. TN.

J. M. Maxwell (signature)


NEW CASE.

STATE OF TENNESSEE VS.
DUDNEY, JOHN B. AND HEADY, JESSE.
COUNTY.
1884.

ANSWER of J. B. Dudney, J. G. Dudney, W. H. Dudney, Amos Dudney, T. G. Smith, Jesse Heady, Curry Hawkins, W. D. McKaughan, Emma McCaughan, Calvin Murphy (Col.), Wm. Stephens, Thomas Lawless, Jessee Lawless, T. G. Medders, Johnie Patterson, Dina Patterson, Nannie Medders, and all the other defendants to the Bill of Complaint of the State of TN.

Suppose it is true that the lands mentioned and described in complainants bill were assessed in the year 1871 to the said W. W. Woodfolk, at the valuation of $35,000 . . .

They deny, however, that there was no personal property out of which to make said taxes. The rents and profits arising from said lands were worth largely more that the taxes thereon for the years 1871 and annually every since that time and the State of TN through it's officers had a lien on said rents for all unpaid taxes and it was their duty to collect the same out of said rents before proceeding against the lands for the collection of the same and their failure to do so makes the said officers liable on their Bonds for the same and that liability should be exhausted before proceeding against Respondents who are innocent purchasers of said land without notice of any encumbrance whatsoever. . . Respondents John P. Dudney, Jessee Heady and Curry Hawkins each admit that they purchased a part of said lands at the sale of the Supreme Court Clerk . . . bears date 21st Nov. 1883.

Signatures of J. B. Dudney, J. D. Dudney, W. H. Dudney, C. J. Dudney, Jesse Headdy, T. G. Smith, Wm. D. McCom, Calvin Murphy, Thomas G. Meadows and marks of C. N. Hawkins, Wm. Stavens, Wm. H. Paterson, John W. Paterson, and M. A. Paterson.

REPORT.

Sept. Term, 1885.

Taxes are due on the land in the amount of $613.97.

FINDINGS.

30 Sept. 1885.

. . . said tract of land mentioned and described in the pleadings in this cause, lying in the 1st Civil District of Jackson Co. TN on Cumberland River bounded as follows by the land of John P. Murrey, R. P. Brooks and others, and known as the Free State Tract of Land, was legally assessed for taxes for the year 1871 = to Wade or W. W. Woodfolk as containing 3600 acres at the valuation of $3500.00 . . .(This land was sold for taxes) on the 1st Monday in July 1872 and bid on by the State for said taxes . . . and the State becoming the purchaser . . .


NEW CASE.

STATE OF TENNESSEE.
FERGURSON, SAMUEL (COL.)
CIRCUIT.
1874.

GRAND JURY FINDINGS.

. . . Samuel Fergusson (colored) on the 14th (or 24th, difficult to decipher) day of April 1874, in (Jackson Co. TN) . . . in and upon one B. T. Fergusson, Letitia Fergusson, James B. Fergusson, Franklin Fergusson, Caroline Fergusson, Robert Lee Cooper and an infant son of B. F. Fergusson, not yet named . . . did make an assault with fire and by other means to the Jurors unknown with intent . . . to kill and murder in the 1st degree by burning them with fire . . .


NEW CASE.

STATE OF TENNESSEE VS.
FIELDS, RICHARD AND NANCY J. FIELDS.
CIRCUIT.
1886.

MURDER.

9 Nov. 1886.

REQUEST FOR CONTINUANCE.

Expect to prove that Nancy Jane Fields was well and hearty at the time she left the cabin where the child was found, that she walked on that day between 1 o'clock and midnight a distance of about 8 miles and stayed all night with Rufus and Eliza Fields, that affiant Nancy Jane helped that night to do the housework and ate a hearty supper and when she . . . stripped to retire she was observed by said Eliza Fields . . . she was clean and that all of her underclothes which were white were clean . . . Eliza Fields is now confined by child birth and is very bad off.

Deposition taken: 16 April 1887.

DEPOSITION: JANE STOUT.

Nancy Fields is my daughter. (She is) 36 years old. She lived in the house with me up to within 6 or 7 weeks of the time the child was said to have been found and had lived with me up to that time for the last 10 or 11 years . . .

(When she left my house) she was stout and active and had no appearance of being in family way. She looked to me just like she had looked all the time and had no appearance of being in that condition.

She had five (children.)

I saw her when she was in that fix (pregnant) with all of them and it was plainly visible on her for several months before they were born for she always got very large and clumsy before hand, in fact almost helpless.

Two (of her children) was born at my house.

Quest. How far is it from your house to house where child was said to have been found in which your daughter and her husband lived.

Ans. About 1/2 mile or 3/4.

She always appeared to be very affectionate toward her children.

Jane Stout (her mark)


NEW CASE.

STATE OF TENNESSEE VS.
FRIZZELL, DAVID C.
CIRCUIT.
1906.

There were at least two trials of this case. The documents are intermixed. At least once the jury was deemed tainted.

CHARGE.

David C. Frizzell is charged with murder in the first degree, alleging that he shot and killed one U. T. Spurlock.

L. M. FREEMAN VS. R. H. DOWELL, ADMR.

Depositions taken: 18 April 1917.

DEPOSITION: MRS. C. S. LOFTIS.

(I am) the wife of Clarence Loftis.

I live near Sparta, in White County. In the year 1915, I lived down on the Cumberland River, about a mile from R. H. Dowell.

I remember an occasion when Mr. J. T. Smith's daughter died down in Mississippi.

Aunt Emma is Uncle Roll's, R. H. Dowell's, wife.

DEPOSITION: C. S. LOFTIS.

I live in White County and I am 24 years old.

R. H. Dowell is my uncle. Him and my mother is brother and sister.

In 1915, I lived on Uncle Roll's place.

THE STATE VS. D. C. FRIZZELL.
Filed 4 Dec. 1908.
MURDER, BILL OF EXCEPTIONS.

DEPOSITION: J. S. SPURLOCK.

I am the prosecutor. The deceased, Uriah Spurlock, was my brother. He was shot and killed on the 18th of April 1906 in Jackson Co. I did not see the shooting. The weapon used was evidently a shotgun . . . Deceased was about my size and weighed 165 or 170 pounds. . . Defendant lived at the time on the land of deceased and the shooting occurred near the defendant's house. This house was a log cabin about 16 by 18 feet square with a side room on the back side and porch about 7 ft. wide in front.

. . .deceased lived at the time down the hollow about a quarter of a mile.

Winfred Spurlock lives in Bynum Texas. He is a son of Melvin Spurlock and a nephew of deceased. They both left this state shortly after the shooting. The boy is 19 or 20 years old. Winfred stayed with the deceased before and with his widow for a short time after the shooting.

DEPOSITION: LUNA FRIZZELL.

I am a half sister to the defendant.

I was there (at Dave's house) waiting on a very sick child. Defendant's child had pneumonia, and was bad off; we had sat up with it the night before. The child had been sick since Sunday, and this was Wednesday. The child was expected to die. Dr. Baugh was there to see the child that day.

DEPOSITION: ARTHUR SPURLOCK.

I am a son of deceased.

When I last saw (pa) he was at the barn where defendant was. They were talking loud. All I could understand was "you told me." I went up the hill and in about 10 minutes I heard the gun . . .

Brother Fred . . .

. . . Maggie. She has been gone to Texas about two years. She went shortly after the shooting.

DEPOSITION: FRED SPURLOCK.

I am a son of deceased.

We had not lived at the place the year before.

DEPOSITION: M. C. WADE.

I knew deceased nearly all his life except about six years while I was away.

I am related to Melvin Spurlock's wife. Melvin is a brother to deceased.

DEPOSITION: L. C. WADE.

Shaw Spurlock's wife is my second cousin.

DEPOSITION: MINNIE SPURLOCK.

Deceased was my husband.

Deceased was about 40 years of age, and a stout, active man. He weighed 160 or 170 pounds.

DEPOSITION: JAMES NORTON.

DEPOSITION: B. BYRNE.

I am a first cousin to deceased and prosecutor.

DEPOSITION: SAM STIDHAM.

DEPOSITION: D. C. FRIZZELL.

I am the defendant in this case.

. . . my father H. H. Frizzell.

I had been living in Lauderdale Co. for several years and had been moved back to this county about two months when this trouble came up. I moved back on account of my wife's health and my own. I was born and raised in this county. I lived a while in Sumner county for a while (sic) and then joined the 1st Tennessee Regiment in the Spanish American War and spent two years in the Fillipine Islands as a soldier. After this I lived in Lauderdale county until I moved back here. My little boy was sick and I had sat up with him the night before.

He claims deceased threatened him verbally and with a knife and threw rocks at him.

. . .to Frank Williamson's and told his wife and my other sister. . .

I was 33 years old then and weighed 125 pounds. I had measles while I was in the army; they settled on my lungs; I have been weakly ever since.

Henry Norton . . . is a brother in law of deceased.

DEPOSITION: H. H. FRIZZELL.

Defendant is my son.

DEPOSITION: CHARLEY WOLF.

DEPOSITION: J. M. WILLIAMSON.

I am the father of Frank Williamson, who is a brother in law of defendant.

DEPOSITION: SHELBY HARGIS.

DEPOSITION: W. T. ACRE.

I am a practical surveyor.

DEPOSITION: LURA FRIZZELL.

DEPOSITION: FRANK WILLIAMSON.

Defendant is my brother in law and H. H. Frizzell is my father in law.

Deceased's brother C. C. Spurlock. . .

DEPOSITION: NATHAN HENSON.

DEPOSITION: VAN BURRIS.

I was a Deputy Sheriff for this county when defendant was arrested on this charge.

DEPOSITION: FRANK WILLIAMSON.

DEPOSITION: CORA FRIZZELL.

Defendant is my brother. I lived at Frank Williamson's at the time of the shooting.

DEPOSITION: B. M. HAILE.

I served in the army during the Spanish American War for 18 months with defendant in the 1st Tennessee Volunteer Infantry.

DEPOSITION: JAS. KING.

I am a brother in law of Frank Williamson and Frank is a brother in law of Dave Frizzell.

DEPOSITION: H. L. BAUGH.

I have been a practicing physician for 15 years. Defendant has tuberculosis.

My wife is a cousin to Frank Williamson.

DEPOSITION: COWAN DARWIN.

Deceased was County Superintendent for this county for two terms; that he was a good teacher, and that his services were in demand.

SENTENCE

Defendant was sentenced to two years hard labor at the State Penitentiary.

Deposition taken: 11 July 1907.

DEPOSITION: H. R. RICHMOND.

I am 30 years old. I reside at Fort Riley, Kansas. I am an army officer and am a Captain in the 10th regiment of the U. S. Cavalry.

I have known D. C. Frizzell since about June 1st 1898. He was a member of my Company, the 1st Tennessee Volunteers and under my immediate command from June 1st 1898 until about Aug. 1st 1899, at the beginning of which time we were stationed at Nashville TN in camp for a few days, then for about four months in San Francisco CA and the balance of the time in the Philippine Islands.

Deposition taken: 18 Oct. 1906 at Ripley, Lauderdale County, TN.

DEPOSITION: CRICKETT SANDERS.

I am 38 years old, am a farmer, and live in Lauderdale County, about five miles from the Court House.

DEPOSITION: WILLIAM LATHAM.

Age 30, farmer, live two miles east of this place.

DEPOSITION: ANDREW DRUMRIGHT.

William Andrew Drumright, and will be 30 years old in Nov. and am a farmer and live about 2 1/2 miles from Ripley.

DEPOSITION: G. W. SAPP.

I am 50 years old (live in) Ripley and am clerking for J. B. Wardlaw in the Grocery business.

Quest. Does the initial "W" in your name stand for William and is that the name you are commonly called by?

Ans. Yes, sir.

DEPOSITION: HERMAN SCHAFER.

48 years old, occupation merchant at Ripley TN.

STATEMENT OF H. H. FRIZZELL.

. . . the mother of defendant died of consumption at about the age of 35 years, one of defendant's sisters was afflicted with this disease at the time of her death at about the age of 31 years and that one of his aunt's died with the same disease aged somewhere about 35 years, that he has an uncle who is confined to his bed with the same disease supposed to be in the last stage.


NEW CASE.

STATE OF TENNESSEE VS.
GIVENS, JAMES.
CIRCUIT.
1882.

INQUISITION.

16 Nov. 1882.

An inquisition of murder taken at the State of Tennessee, house of Wm. Lambert in the said Jackson Co., county of Jackson (sic) on the 16th day of Nov. 1882 before A. L. Wheeler, coroner of and for said county upon the view of the body of Samuel Lambert then and there lying dead upon the oaths of E. L. Witty, G. W. McKinley, J. M. Williamson, O. P. Burton, S. T. Ferguson, J. P. Whitefield, A. Sleveson (A. S. Cooper?), all good and lawful men of the county aforesaid, who being sworn and charged to inquire on the part of State when and how the said Samuel Lambert came to his death, do say upon their oaths that James Givens did on the 12th day of Oct. 1882, did with force and arms upon the Samuel Lambert then being in the peace of God voluntarily did make an assault on Samuel Lambert and then with a pair of sheep shears struck, pierced and gave the said Samuel Lambert and inflicted with them a mortal wound all against the peace and dignity of the State. In witness whereof as well the aforesaid coroner as the Jurors have to this inquisition put their seals, on the day, year and place aforesaid.

A. L. Wheeler, coroner (signature)

Signatures of E. L. Witty, G. W. McKinley, J. M. Williamson, O. P. Burton, J. P. Whitefield, A. S. Cooper, S. T. Ferguson, W. H. Ragland, M. D.

GRAND JURY FINDINGS.

Jan. Term 1883.

. . . James Givens on the 12th day of Oct. 1882 . . . in and upon the body of Samuel Lambert . . . did make an assault . . .did beat, cut, stab and wound with a pair of sheep shears, inflicting . . . in and upon the body and thigh of the said Samuel Lambert, divers mortal wounds, of which the said Samuel Lambert then and there languished for about the space of thirty days and so languishing did die.

. . . therefore . . . James Givens (did commit murder.)

Jurors not named.

APPOINTMENT.

1 Sept. 1902.

J. H. Chaffin, Clerk of the County Court, appoints G. B. Settle as Deputy Clerk of the County Court.


NEW CASE.

STATE OF TENNESSEE VS.
GODSEY, LOGAN ET. AL.
CHANCERY.
1884.

REQUEST FOR WARRANT FOR ARREST.

8 July 1884.

Personally appeared before me J. B. Smith and made oath in due form of law that according to the best of his knowledge, information and belief, the crime of murder has been committed in said county upon the body of his brother, Martin Smith, and that Logan Godsey, Eliza Smith, Sara Smith, James Keith, Tobias Keith are the guilty persons. She (sic) states that said Martin Smith has not been seen in the neighborhood of his house since about the 20th day of June 1884, and then in company with the said Eliza Smith and Sarah Smith, at or near the residence of Eliza Jackson, who was at that time keeping at her house the said Sarah Smith, the wife of the supposed deceased. Said Eliza Jackson and Sarah Smith are both prostitutes.

She (sic) therefore prays that a warrant of arrest issue and the matter be investigated. She also states information and belief that the body of some person has been found dead in the neighborhood of said Eliza Jackson's residence and she believes it to be that of his said brother Martin Smith.

Sworn and subscribed before me this 8th day of July 1884.

A. Pharris.

Joseph Smith (his mark)

BOND.

Liza D. Smith, alias Liza Kitchson.


NEW CASE.

STATE OF TENNESSEE VS.
GORE, M. L. ET. AL.
CHANCERY.
1884.

DECREE.

. . . appeared to the Court that there is due and unpaid taxes, costs and charges on the land known as the Gray land. . . including interest to this time the sum of $107.59, one half of which belongs to the County of Jackson, the other half to the State.

It is therefore ordered, adjudged and decreed by the Court that the defendant H. W. Williams, Clerk and Master of this Court, pay said unpaid taxes, costs and charges, out of the funds in his hands arising from the sale of the land sold in the case of A. W. DeWitt, Admr. vs. F. H. Butler, Admr. and others and causes therewith consolidated as set out in the bill.

EXHIBIT "A".

Tax Duplicate 1875, Jackson Co. TN, District No. 1.

Gray's heirs (not named).

Bound north by Burns, south by Norris, east by R. Stafford, west by A. Williams. No. of acres of land, 1002. Value acres of land, $5000. Total real, personal, and all other property, $5000.

REPORT.

11 Sept. 1876.

On 3 July 1876 at the Court House door in Gainesboro TN, I sold at public out cry . . . A. Cornwell bought said land being sold for the taxes for the year 1875, to wit: 1st District, Gray's heirs 1875, 1002 acres valued $5000, tax $40.50, bounded north by Burris, south by Norris, east by R. Stafford and west by A. Williams, printer's fee $1.00, clerk's fee $1.00, collection fee 50 cents, collector's commission 4%, penalty 12 %, amount due $49.84.


NEW CASE.

STATE OF TENNESSEE VS.
HAILE, MERLIN D.
CHANCERY.
1883.

BILL TO ENFORCE STATE LIEN FOR UNPAID TAXES.

Complaint says that in the year 1871, the following described tract of land lying in the 11th Civil District of Jackson County on Flynn's Creek near Flynn's Lick and on both sides of the road leading from Gainesboro to Flynn's Lick, it being the same place bought by defendant M. D. Haile from H. W. Hart and wife and Van H. Allen and wife and bounded on the north by lands of Thomas J. Gailbreath and others and on the east by the lands formerly belonging to Amon (?) Haile and B. A. Fox, on the north by the lands of D. B. Haile and the lands formerly owned by P. McCarter (?), on the west by Flynn's Creek and fully described by metes and bounds in a deed from Thomas J. Jones to Joshua Haile and a deed from William Tolbert and others to Joshua Haile and containing 430 acres. This land was sold for taxes on the first Monday in July 1874.

Purchased by the State of Tennessee.

Defendant M. D. Haile has since purchased this land, and is now in possession of it.

The State did not have a full and perfect title to this land.


NEW CASE.

STATE OF TENNESSEE VS.
HENSON, WM. AND MARIAH.
CIRCUIT.
1901.

INSTRUCTIONS TO THE JURY.

The indictment in this case charges the defendant with the crime of murder in the first degree upon the body of Henry McBride.

DEPOSITION: SAM SPEAKMAN.

I was at the burial of John Pyron. I left my horse hitched just across the Creek from Charley Pyron's and walked with the crowd across the Creek to the grave yard just back of Lovelady's house. Willie Speakman and John Hix went back to Pyron's with me. When we got back about half way between Lovelady's yard gate and the creek, I saw McBride going down the hollow toward old Mrs. Henson's house, and a man standing in the door. When McBride got there somewhere close to the gulley he sorter stopped and held up his right hand and about that time the gun fired. I never heard but one shot. I went on down there in a few minutes and met the defendant leaving the house. He had a gun. We never spoke to him. The path that McBride was going led by Mrs. Henson's house and on to Brooks. Mrs. Henson lived on Brooks's land.

DEPOSITION: JOHN HIX.

I was with Sam and Willie Speakman at old man Pyron's funeral.

DEPOSITION: WILLIS SPEAKMAN.

DEPOSITION: AB LONG.

Minnie Draper was there when I got there. The defendant's mother and his sister live at that house.

DEPOSITION: A. M. FORKUM.

I know defendant. He talked to me about the killing the next morning. I don't remember how the conversation came up. He told me he shot McBride twice--once in the side and aimed to shoot him in the head after he fell. He said "I was not any more mad when I did the shooting than I am right now." He said it was a hard understanding.

I know the defendant's general character. It is good and he is entitled to full faith and credit on his oath. His character for peace is good. McBride's character was that of a wild, bad boy; he was considered dangerous.

DEPOSITION: S. B. HALL.

I conducted the funeral of Pyron.

(The shooting) was on Saturday before the 4th Sunday in April.

DEPOSITION: O. W. CLARK.

I am a practicing physician. I examined the deceased an hour or two after he was shot. The ball entered the right side, between the third and fourth ribs. McBride died of this shot in a short while after I examined him.

DEPOSITION: J. H. CHAFFIN.

DEPOSITION: JAMES WOLF.

I know the defendant. He wanted to borrow a gun from me. It was several days--maybe two weeks before the killing. He came there after the gun three times. He said he wanted to kill McBride with it.

McBride and his wife had parted, and he wanted me to go and see his wife.

In that talk with me he said he would do Bill Henson up a job.

I told the defendant what McBride had said about him, and cautioned him to look out for deceased. The home of the deceased at the time of the killing was on John Howell's place a mile or two from where old Mrs. Henson lived.

DEPOSITION: WILLIAM DENTON.

DEPOSITION: AL SMITH.

McBride was confined in the work house at Gainesboro up to the day he was killed. I had charge of the work house prisoners working them on the road.

He was turned out of jail at 12 o'clock and was killed before night.

DEPOSITION: J. W. CARTER.

DEPOSITION: LEE SADLER.

The mother, sisters and aunt of the defendant lived there at the time of the shooting. The defendant's mother is very old and the other old woman was blind. She was the defendant's aunt. She has since died.

DEPOSITION: JOHN JEITHLY (KEITHLY).

The defendant was out in the field every day or two that spring. He was sick and not able to work but very little.

DEPOSITION: W. T. BROWN.

DEPOSITION: JERRY BROWN.

(Defendant) said that deceased had abused his mother.

He said that the deceased had drove his (defendant's) old mother and his old blind aunt off from home.

DEPOSITION: WILLIAM DENTON.

(Deceased) was a left handed man. His right hand was crippled so that he could not use it.

DEPOSITION: J. C. MC DEARMON.

. . . our store . . .

DEPOSITION: J. E. STAFFORD.

. . . our store . . .

DEPOSITION: TURNER MC BRIDE.

I am the prosecutor in this case. The dec'd was my half brother. His right hand was crippled by a shot several years ago. He could not use any of his fingers except his thumb.

DEPOSITION: DEFENDANT.

I knew the deceased, McBride. He married my niece. I shot him at the time testified to by the State witnesses. The deceased threatened a number of times to kill me. The first time that I remember of was something like three or four months before his death. He whipped his child and beat it up badly. The child was two or three years old. I saw him the next day or a day or two after and asked him if he was not ashamed of himself and he said no, by G-d, I am not ashamed of nothing. The child was badly bruised and I took it home with me and told him I was going to take him up for it. He said if I did he would kill me. That if he had his pistol he would kill me then. The child was badly hurt and threw up blood after I got home with it. I took him up before Esq. Young. He was awfully mad about it. At the trial he was in the custody of Will Sadler, Deputy Sheriff. He cursed me and tried to get a rock to hit me with and the officer had to take me off to quiet him. After a while the same day he tried to get me to compromise with him. I told him if he would behave himself and not abuse the child or my mother and sisters that I would pay part of the cost and let him off, and I did so, because he said he would behave himself and that he would take an oath to that effect. I was told on my way home that McBride said he did not intend to do any better. Shortly after this I met the deceased near Forkum's store. When he saw me he threw a gun which he was carrying across his arm, with the muzzle pointed towards me and his hand on the hammer. He looked sullen and mad and spoke short. I told him that Ab Long was hunting for him and that he had better leave the neighborhood or they would kill him. He had had a fuss with Long as I understood. He said G--d, he was going to stay there until he was killed and that he was going to die with his boots on. Shortly after that I saw him at Forkum's store . . .

Something like a month before the killing, Brant Wilson, Constable, arrested deceased for assaulting and abusing my mother and my Aunt and sisters. In a day or two after that, Wilson was at my house and told me that McBride said if he ever got out of jail he would kill me and then go and kill mother and her folks and burn them up in the house. Wilson also told me how badly McBride had abused mother and her family.

Mother was 73 years old and my Aunt was 76 and blind at that time (when McBride was on trial for the abuse.)

Sister Lizzie . . .

My sister, Maria Henson . . .

DEPOSITION: O. W. CLARK.

I am a practicing physician.

DEPOSITION: ABASHA HENSON.

The defendant is my son.

The deceased married my grand daughter.

Describes threatening and abusive behavior of deceased.

. . . my daughter Polly.

. . . my daughter Mariah . . .

I am 74 years old. I am a widow woman. My husband has been dead for 10 years. My son is the only one I have to look to for help or protection.

DEPOSITION: RUFUS CLARK.

DEPOSITION: POLLY HENSON.

The defendant is my brother. I live with mother.

Witness states she has never been married, has had three (illegitimate) children.

DEPOSITION: BRANT WILSON.

I was constable for the 2nd District of this county.

DEPOSITION: BEN MEADOWS.

I am ferryman at Brooks's ferry.

DEPOSITION: HENDERSON JONES.

I am father in law of the defendant Henson.

DEPOSITIONS: CHARLEY PYRON, MONROE DENTON, JAMES STEPHENS.

DEPOSITION: FRANCIS JONES.

I am sister in law to the defendant.

DEPOSITION: T. J. FORKUM.

DEPOSITION: L. B. ANDERSON.

I am a druggist, and registered pharmacist.

DEPOSITION: A. B. HESTAND.

I was confined in jail with McBride at the time he was in jail the last time.

DEPOSITION: S. B. FOWLER.

I am a practicing physician.

DEPOSITION: FINLEY HANNA.

DEPOSITION: NATHAN HUFF.

The defendant is my friend. He was raised close to me. I have been accused of being the father of McBride's wife. I killed a man once but was tried by a jury and turned loose.

DEPOSITIONS: JOHN W. STAMPS, A. M. FORKUM.

SUMMATION (bp)

The jury found defendant guilty of the offense of murder in the second degree and assessed his punishment at 10 years in the state penitentiary. Defendant asked for a new trial, which was denied. Appealed to the Supreme Court.


NEW CASE.

STATE OF TENNESSEE VS.
HOOVER, HARRIS.
CIRCUIT.
1872.

STATE OF TENNESSEE VS. HARRIS B. HOOVER.
INDICTMENT FOR MURDER.
BILL OF EXCEPTIONS.

DEPOSITION: DR. D. K. FINK.

I am a practicing physician and have been such for 20 years--was called to see Mathew Wheeler, deceased, after he was wounded. There were two round (?) holes like bullet holes in his body, one about an inch and a half from the lower rib in the back and near the back bone. The second in front in reasonable range with the first. It was on Friday in the evening. He came across the creek from where the difficulty was to Jaqueshes--where I was at the time boarding in a short time after he was shot for me to examine him. He then returned to the house of James Y. Putty where he was shot and I waited on him there til he died. I considered the wound fatal from the beginning and he died on the following Sunday evening. I think he died of the wound.

I was in sight of the scene of the difficulty and my attention was attracted by loud talking. I heard two shots. I saw Wheeler pass into the door going rapidly a little after the first shot was fired, and saw defendant Hoover fire the last shot. Deceased's back seemed to be to Hoover when the last shot was fired. The shooting was done at the house of James Y. Putty at Flynn's Lick in Jackson County TN. A short time after the last shot was fired I saw Wheeler coming across the creek toward where I was and heard Hoover hollow (sic) to him Stop there but don't remember what else he said. Hoover came on toward Wheeler and they passed behind a house from me in a little time afterwards I saw Hoover and Wheeler together near Dr. Chilcut's in the Road. They having passed said house or Shop and came on further toward where I was at. Wheeler then came to me and Hoover turned back.

This occurred in the year 1872.

Does not understand anatomy or surgery. Was not as drunk on this occasion as usual.

DEPOSITION: DR. M. R. CHILCUT.

I. . .lived at Flynn's Lick at the time of the shooting . . .

I found him (Wheeler) shot through the back, entered on the left side of the back bone and near it and passed through the region of the kidneys and came out in front. This occurred in July 1872. I was an assistant in a Hospital in the Army 6 months and had much experience with gun shot wounds. Have been a regular practicing Physician 20 years.

DEPOSITION: JERRY T. BROWN.

I was at the house of James Y. Putty in Flynn's Lick, Jackson Co. TN when the difficulty occurred between Hoover and Mathew Wheeler, deceased. Myself, witness Thomas Pressley, (&) deceased ate our supper at said Putty's. We were fixing to go out to the Flatt woods that night after some whiskey.

Deceased got up from the table after eating supper and went into the kitchen to get some water. Defendant Hoover and Miss Sarah Putty were in the kitchen. I heard some words between Hoover and Wheeler. I saw Hoover take Wheeler by the throat and heard him ask deceased if he said that. I could not hear the answer. They then by some means got out into the yard. I got up and went out into the yard and saw Hoover throw deceased upon the ground and beat him in the face. I heard deceased hallow three times take him off of me. I assisted in parting them. After we pulled Hoover off he stomed (sic) deceased in the breast. Deceased got up and stood still with his hands down and was bleeding about his face. Deceased did not strike Hoover after he got up nor try to do anything to him.

Hoover then threw a rock at deceased and hit him on the back.

(Describes Hoover shooting deceased in the back with a pistol.)

I was Wheeler's friend.

DEPOSITION: THOS PRESSLEY.

I am a cousin of Mathew Wheeler, deceased.

DEPOSITION: RACHEL HARISION (Harrison?).

I hire about to work and have no regular home. I have been married but do not live with my husband now. I was then living at Tip Settles.

My little girl was there . . .

DEPOSITION:

W. W. MC DONALD.

Wheeler had been selling whiskey then (?) but probably he had sold out to Hoover.

DEPOSITION: ELISHA WHEELER.

I am the father of deceased. His full name was Cal-way (blot over middle letter) Mathew Wheeler, was commonly called Mat.

My son was wounded on the 19th day of July 1872 . . . he died on Sunday evening following which was the 21st day of July 1872.

He was about 21 years old when he died.

His weight was usually about 135 - 140 pounds.

Deceased had been in the liquor business a short time at Flynn's Lick and boarded at James Y. Putty's. Said Putty is uncle, being brother of his mother.

I lived 2 miles from Flynn's Lick.

DEPOSITION: JAMES T. ANDERSON.

Hoover went off from the County and was gone a long while and until brought on a Reward by Williams.

I was second cousin to deceased.

DEPOSITION: MRS. TENNESSEE APPLE.

I am cousin to deceased.

DEPOSITION: JAMES DARWIN, WASHINGTON DAWES.

DEPOSITION: TIPTON C. SETTLE.

Heard Wheeler say he would kill Hoover because he was too interested in Sarah Putty.

DEPOSITION: POLLARD HOOVER.

I am half brother to defendant.

I was then 17 years old and small.

DEPOSITION: THOMAS VANTREECE, W. H. DOBBINS.

DEPOSITION: THO. WHEELER.

I live in three miles of Hartsville, Trousdale Co. Lived in Jackson Co. before I moved to Trousdale.

I am a cousin to Sarah Putty now Sarah Denham . . .Her character after she moved to Trousdale county was very bad . . . she is a base woman.

DEPOSITION: NAPOLEON B. RICHMOND, THO. M. GAILBREATH

DEPOSITION: MARK GAILBREATH.

I went (to Trousdale county) as Delegate to a Congressional Convention from Jackson Co.

DEPOSITION: JOHN R. STAMPS.

DEPOSITION: JOHN L. PUTTY.

I knew Matt Wheeler well. He was a cousin of mine.

DEPOSITION: NAT HAILE, SIDNEY L. SETTLE, T. B. UPCHURCH, ALBERT JOHNSON, D. B. HAILE, MERLIN HAIL, JOHN M. UPCHURCH, PINKNEY MC CARVER.

Most of these were called to try to discredit Sarah Putty Denham. They generally agreed that her character was good except her virtue was lacking.

Apparently the first jury was tainted, and there was a second trial. (bp.)


NEW CASE.

STATE OF TENNESSEE VS.
HOOVER, HARRIS B.
CIRCUIT.
1875.

INQUISITION.

21 July 1872.

Labin Loftis, coroner.

Deceased Madison (sic) Wheeler is found to be murdered by the shot of a pistol by Harrison Hoover.

Jurors (with signatures): T. G. (Y.?) Settle, F. M. Putty, J. H. Stone, J. R. Stampe, Henry Loftis, W. R. Crabtree, T. C. Settle.

PETITION.

18 July 1874.

Your petitioner H. B. Hoover late a citizen of Jackson Co. TN and recently of the State of Indiana would respectfully state to your honor that he is now confined in the jail of Davidson Co. TN in Nashville . . .on a charge . . .against him for murder in the first degree . . .

Claims he is not guilty.

Asks for writ of habeas corpus and bail.

Deposition taken: 11 June 1875 at the home of James Y. Putty in Barren County KY.

DEPOSITION: SALLIE R. DURHAM (Denham?).

My maiden name was Sallie R. Putty. I am 21 years old and the daughter of James Y. Putty . . .my present residence is Barren Co. KY.

Sister Elizabeth . . .

Sallie R. Durham (Denham?) (signature).

DEPOSITION: MATILDA PUTTY.

I am 42 years old and live in Barren Co. KY.

Quest. Was your daughter Mrs. Sallie Durstan (Denham?) then a single woman?

Ans. Yes sir.

Quest. Do you or not know that Wheeler objected to Hoover and your daughter keeping company with each other.

Ans. I said something to him about Hoover and her marrying and he said Hoover was a damned rascal.

Matilda Putty (signature)


NEW CASE.

STATE VS.
JOHNSON, D. B.
CHANCERY.
1906.

FELONIOUS ASSAULT.

Deposition taken: 22 June 1906 at Davidson Co.

DEPOSITION: J. W. BOLES.

My age is 31, reside in Hendersonville, Sumner Co., am a cousin of D. B. Johnson.

DEPOSITION: A. A. GRAY.

(I am) 28 years of age, (reside in) East Nashville.

I was in Gainesboro on the first Monday in Dec. 1904, with some doctors, Dr. J. E. Horn and Dr. W. J. Davy, advertising and selling medicine.

A. A. Gray (signature)

DEPOSITION: J. E. HORN.

I live in East Nashville and am 62 years old.

(I am) an optician.

I went up there (to Gainesboro) to fit glasses for errors of refraction and then I was proprietor of this Medicine Company also.

Dr. J. E. Horn (signature)

DEPOSITION: DR. W. J. DAVY.

(My age is) 41 in July, (my residence) is 329 Cleveland St. (presumably in Nashville TN. bp.)

I have been knowing D. B. Johnson, I knew him when he was a boy and lived at Hendersonville.

. . . Lonnie Gray. . .

Dr. W. I. Davy (signature)

SUIT FOR DAMAGES.

The plaintiff, W. E. Young, sues the defendant, D. B. Johnson, for $10,000 damages for this: On the 5th day of Dec. 1904 the defendant willfully assaulted and shot the plaintiff with a pistol loaded with powder and (unreadable) balls, which he then and there discharged . . .one ball passing through the left forearm of the plaintiff . . .another ball striking him in the face and passing through his beard . . .

Deposition taken 16 Oct. 1906 in Sparta TN.

DEPOSITION: MARCK ANDERSON.

Age 22 years, (residence) Sparta TN. Book keeper, American Mat (?) Bank.

Lived in Jackson Co. TN in the year 1904.

Marck Anderson (signature)

DEPOSITION: J. T. ANDERSON.

I am 57 years old, live in Sparta TN, am in the Banking business.

I lived in Gainesboro TN until the 15th of Aug. 1905, when I moved to Sparta.

J. T. Anderson (signature)

Deposition taken 15 July 1906 at residence of J. N. McCain, at this residence in the 13th Civil District in Jackson Co. TN.

DEPOSITION: J. N. MC CAIN.

I am 51 years old. I am Justice of the Peace for the 13th Civil District for Jackson Co. and am serving my 7th year.

I practice law.

J. N. McCain (signature)

Deposition taken: 28 Feb. 1906.

DEPOSITION: J. N. MC CAIN.

GRAND JURY FINDINGS.

5 Dec. 1904.

D. B. Johnson did feloniously assault and shoot one W. E. Young, to kill and murder in the first degree.

STATEMENT: W. E. YOUNG.

The sheriff of Jackson Co., Bud Lynch, is closely related to the defendant, D. B. Johnson, first cousin by marriage. . .

REQUEST FOR DEPOSITIONS.

G. R. Loftis, who resides in the Indian Territory, Wm. Waddle who resides in KY, and J. T. and Marck Anderson, who reside in Sparta TN.


NEW CASE

STATE OF TN VS.
JOHNSON, JOHN T.
CIRCUIT.
1873.

Deposition taken: 12 Jan. 1876.

DEPOSITION: CATHERINE MC MILLIN, JR.

I am the widow of Landon R. McMillin, for the killing of whom defendant John Tom Johnson and others are indicted and for which defendant is now on trial. The homicide took place early in the morning of the 26th April 1865 in Overton Co. and that part of Overton cut off subsequently to make the county of Clay. Early in the morning I went out to feed some chickens . . . I saw three men riding up fast. I turned and walked toward the house and when I got behind some shrubbery I ran. I got to the door, and when I got to the door in the hall, the three men were at the gate, and had their pistols cocked and pointed right at me. They said come here, come here quickly, who are you talking to there? They asked me several times, and asked who I was talking to, and who was in there. I knew one of them, to wit, James A. Dixon. He did the talking. All had their pistols cocked and had them pointed at me. They came in at the gate. As they were moving around me, Dixon asked me if Landon McMillin was in there. They had (unreadable) me, and I got nearly to the gate before they got in. Said if he was, would you hurt him. He said no; all he wanted is his pistol. Said I, stop then, I have it and will go and get it. We were then hurrying into the house and by that time had got into the porch. Landon was in the room south of the hall. There was a door into the hall and one opening into the porch west. There was a door entering the north room from the hall. I turned towards the latter, to go and get the pistol. They stopped now and told me to tell him (Landon) to come out, they wanted to talk with him. I then went to the south room and to the door opening on the porch west. I tapped on the door. He opened it, I told him it was Dixon and two other men, and they said all they wanted was his pistol. He said go get it, and give it to them. I turned to the north door in the hall again. They said tell him to come out, we want to talk with him. I looked at each in the face, to see if I could trust them. Then I said to Dixon, will you give your word of honor that you will not hurt him? He said yes, I have already said it. I went to the door and tapped on it. Landon opened it. I went in and told him they said come out, they wanted to talk to him and gave their word of honor that they would not hurt him. He said here, they will want this, and handed me his pocket book. He then pointed to Frank Goodbar's pistol, sticking in pillow slip, with some cotton in it. It was on the floor under the foot of the bed, that is the pillow slip. He and I walked out of the west door together. They were all standing together. Dixon said to me, get that pistol and get it quick. I then went into the north room and upstairs and got the pistol and came down. Mother, Catherine McMillin Senr. was sitting by the fire. I told her Landon was out there and some soldiers with him. She rose and went out with me. They were all standing at the same place and (unreadable) was together. I handed the pistol to Dixon. He said where is the ammunition. I told him there was none that I knew of. He looked at Landon and said where is your cavalry saddle? As Landon commenced speaking, Dixon shot him, rather in the left side of breast. Landon threw his hand to his side and turned to go into the west door, from which he came. I jumped between and threw Dixon back as far as I could send him. The other two immediately caught me and jerked me out of the way. Then Dixon shot again, and still fired the third shot before Landon reached the door. Landon fell in the door, or rather across it, with his feet pointing north and his head south. There was blood on the door and the casing, as if he had attempted to catch it in falling.

Dixon followed him in. I was screaming and struggling to get loose. Mother came up to help me and got me loose. I told her to go to Landon, that they would not let me. She went and squatted down by him. There was one of them who wore long hair which I now recognize as defendant Johnson. I am sure he is the man. He and the other was still holding me. They gripped me so hard that my wrists were black next day and were paralyzed. Defendant Johnson let loose his hold at that time and went to the door and shot in twice. His upper lip, that is Landon's upper lip, was cut with a bullet, and two bullet holes went in the floor in a slanting direction and just beyond his head, where he lay. Papa came out in his night clothes. He was old and feeble--not able to dress himself. He said what are you robbing her for. I said Papa, they are not robbing me, they have killed Landon. He said men, you have done wrong and if my boys were here they would kill you. Dixon had been in the room, in which Landon was, all that time. Dixon stepped towards Pappa and talked some to him. He then started towards the gate, and said hold her. The other was still holding me. They got half way to the gate, then the other let loose. I then sprang into the house, ran to Frank Goodbar's pistol, and got it. As I raise up with it, Vickers had his cocked and put it against me and said if I cocked it, he would blow my brains out. I said I would kill you if I could, you have killed my husband. He said I never shot. I know that but you held me till the others did it. Said I would kill you if I could. He had me by the arm with the pistol against me and I had him by the sleeve. Mother came up then and shook him and said look at me, for God's sake don't kill her, for her sake don't kill her. My hand was so deadened that I could not cock the pistol, could scarcely hold it in my hands. Then Dixon and Johnson ran back and reached me and ran the pistol out of my hand. All then turned and started out. I followed them to the porch door. I said Dixon, why did you kill him. He said he would have killed me. I said he would not, he would have murdered no man. I remarked that I wished God would strike them with lightning, that I would kill them if I could. They galloped off, up the lane, towards where Milton McMillin lived.

. . .Black John Poindexter was killed the latter part of 1862 or first part of 1863. Deceased told me on one occasion to tell two Confederate Soldiers named James Keen and Geo. Murphy that they had better get away from there, that if the Federal Soldiers caught them they would kill them.

Landon McMillin taught school in the year 1862 and 1863 and never went with the army til the year 1864.

DEPOSITION: CATHERINE MC MILLIN SR.

I am the mother of prosecutrix Catherine McMillin Jr. She and deceased lived at the home of me and my husband. (My husband) is now dead. . .

DEPOSITION: MILTON B. MC MILLIN.

I am the brother in law of Landon K. McMillin, deceased. His widow is my sister.

My daughter Mrs. Mary Weaver . . .

. . .old man White, who was a rebel.

DEPOSITION: MRS. MARY WEAVER.

I am the niece of the prosecutrix Catherine McMillin.

. . . my grandfather James McMillin. . .

I was living then with my father Milton K. McMillin. . .

DEPOSITIONS: JOHN K. SMITH, JOSEPH P. COFFEE, DR. J. M. TURNER.

DEPOSITION: HARDIN W. SMITH.

(L. K. McMillin) taught school in 1862 and 1863 in the edge of KY and boarded part of the time at Governor Bramlett's. I saw him with the 13th KY regiment . . .

DEPOSITIONS: J. D. GOODPASTURE, A. P. GREEN, JAMES SMITH.

Depositions taken: 28 Sept. 1875.

DEPOSITION: T. J. MABREY.

. . .lives about 3 miles up the Cumberland in Clay county and 6th District.

T. J. Maybry (signature)

DEPOSITION: WILLIAM WILLIAMS.

. . . he lives about 10 miles from Celina on Mill Creek (?).

William Williams (signature)

DEPOSITION: GRANVILLE HOGAN.

. . . lives in the 8th Civil District of Clay County, about 10 miles northeast of Celina.

G. M. Hogin (signature)

DEPOSITION: STEPHEN T. K. SMITH.

. . .lives south of Cumberland river and south of Celina about 6 miles.

S. T. K. Smith (signature)

Deposition taken: 28 Sept. 1875.

DEPOSITION: B. G. CHOWNING.

. . . lives in the 9th Civil District of Clay county and in the eastern part thereof . . .

Upon request I state that the mother of defendant was a Davis, and the Davis family as a family are clever and influential.

B. G. Chowning (signature)

Deposition taken: 28 Sept. 1875.

DEPOSITIONS.

The undersigned make oath that they are citizens of Clay county and live on the north and west side of Cumberland River and Robert Pedigo lives in the (unreadable) west District within two miles of the line of Macon county.

John S. Morrow, Hiram Crabtree and Robert Pedigo are justices of the peace. . .

Signatures of Jno. S. Morrow, Hiram Crabtree, Robert Pedigo, Geo. W. Clemens, C. T. Neeley, G. M. Grace.

Mark of Benjamin Reacor.

Depositions taken: 28 Sept. 1875.

DEPOSITION: W. H. HAWKINS.

. . . he was raised in what is now the south east part of Clay county, and lived there until about 22 months ago, and moved into the northeast part of Clay county. It is 9 or 10 miles from Celina to where he was raised and lived.

I live now a neighbor to defendant's father . . .

W. H. Hawkins (signature)

DEPOSITION: Z. R. CHOWNING.

. . . I live on the south side of Obed river about six or seven miles northeast of Celina, in Clay county TN. I am a practicing physician and have a considerable practice in the county.

. . .(defendant's) father having married with a Davis, one of the most numerous families in the county.

Z. R. Chowning (signature)

RETURN OF INDICTMENT.

9 May 1873.

John T. Johnson, James A. Dixon, and William Vickers indicted for the murder of Landon K. McMillin.

STATES SUMMATION OF TRIAL.

May 1874, Clay Co. TN.

Jurors could not agree upon a verdict. Mistrial declared. Jurors were A. J. Brotherton, Samuel Plumlee, Moses Nitherton (Netherton), William Amonett, E. J. Nitherton (Netherton), James Mosse (Moss), Isaac Netherton, William Morrow, Martin Rich, A. J. Carter, Harvey Rich and Calvin H. Bailey.

Sept. 1875.

Decided defendant would not have a fair trial in Clay Co. Venue changed to Jackson Co.

Depositions taken: 20 Oct. 1873 in Clay Co. TN

DEPOSITION: THOMAS M. SCOTT.

44 years of age.

. . .Landon K. McMillin in the time of the late war while he was with the 13th KY Cavalry.

. . . McMillin spoke of one of Johnson's boy's being captured. I think it was one that was crippled.

J. M. Scott (signature)

DEPOSITION: JOHN E. COOP.

40 years of age.

Quest. Did or not Landon K. McMillin tell you he was a spy for the U. S. Army.

Ans. He told me he was acting as a spy.

. . .he said Johnson was one (Rebel) he wanted to get. He said he was a Rebel and out in the war and coming in home every once in a while.

I live on the head waters of Sulphur Creek in Cumberland county in KY on a ridge.

. . . my brother Enoch Coop . . .

John E. Coop (signature)

DEPOSITION: PATSY GROGAN.

Quest. Do you know when John Poindexter died?

Ans. Yes sir. He was killed. I think he was killed in July during the war. Do not recollect what year.

I heard him (McMillin) speak of it three different times that the intend(ed) to kill John Tom Johnson.

McMillin said he was a spy.

Poindexter was a little akin to me.

. . .my sister Nancy . . .

I don't know my age exactly. I live on Holling (?) Creek in this county.

Patsy Grogan (her mark)

DEPOSITION: SAMUEL ELLIS.

49 years of age.

He (McMillin) made his threats against John Tom Johnson, Albert Dixon and the guerillas generally in this country.

Samuel Ellis (signature)

DEPOSITION: BEN C. JOHNSON.

I am the father of defendant John T. Johnson and live in that portion of Clay county formerly a portion of Overton county.

DEPOSITION: ALFRED JOHNSON.

John Tom Johnson is a nephew of mine.

. . .my son Richard Johnson.

DEPOSITIONS: DAVID RICHARDSON, J. C. BENNETT.

DEPOSITION: J. R. DONALDSON.

John Tom Johnson joined the Confederate Army with me in the same company on the fifth day of Sept. 1861. He was sworn in at Livingston. He was a soldier of the 28th Tennessee which Col. John P. Murray commanded. I was Lieut. of the company he joined when he was sworn in. I was afterwards Capt. of the company before the war closed.

DEPOSITION: JOSEPH PARKER.

The rebels first had possession of that section of country, then the Yankees and then they alternated and towards the close of the war the Yankees had possession all around that country.

DEPOSITIONS: HADEN CLARK, GEO. G. WILLIAMS.

Depositions taken: 26 July 1875 in Clay County, TN.

DEPOSITION: J. A. B. HUDDLESTON.

Aged 36 years.

I belonged to the Federal Army (during the late war), known as the South Cumberland Battalion Kentucky State Volunteers.

We was camped at Burksville for a long time during the war. We made some two or three Scouts on Obey's river in Tennessee during that time.

Mr. Landon McMillin acted as guide up on two Scouts.

Mr. Landon McMillin give me the name of some persons in this country. He, McMillin, give me the name of a man by the name of Dixon and Henry Peterman and John Tom Jonson (Johnson) and a man he called Vickers. He, McMillin, told me if we captured any of that party to send them up.

I was partly in command (of the Scouts) and I understood that he meant to kill them if we had captured any of them.

(McMillin) generally quartered with Capt. Dick Renals of the 30th Kentucky regiment.

I live in Cumberland county, State of Kentucky.

When we captured guerilla it was our custom to kill him.

J. A. B. Huddleston (signature)

DEPOSITION: FRANK RUTLEGE.

Aged 27 years.

I belonged to the army under Cap. Huddleston's command.

I served about 12 months.

We were mustered out at Columbia. Do not recollect when it was.

I was mustered out just about the time the war closed.

(I live) on Sulphur Creek.

(Bill Eldridge) is dead.

. . .(my brother) Hamilton.

B. F. Retlige (his mark)

DEPOSITION: ADAM COOP.

Aged 34 years.

He (Mc Millin) said there were three or four bad fellows in this country and said he wished there was some way to dispose of them. He did not suggest any way. He mentioned the names of Mr. Dixon and one or two of the Johnson boys . . .

He said he had reported them to an Indiana regiment and the 13th Kentucky regiment and he thought he would get them disposed of in a few days.

. . . my brother John Coop . . .

. . . my brother Enoch Coop . . .

(I was mustered out of the army) just before the war closed.

Adam Coop (his mark)

Deposition taken: 20 June 1873 in Clay Co. TN.

DEPOSITION: SAMUEL ELLIS.

Aged about 50 years.

Samuel Ellis (signature)

PETITION.

11 June 1873.

. . . witness Samuel Ellis is now very sick confined to his bed with dropsy and disease of the heart . . .it is not believed he can live but a short while and may die at any time . . .


NEW CASE.

STATE OF TN VS.
LOCK, A. S.
CHANCERY.
1883.

BILL TO ENFORCE STATE'S LIEN FOR TAXES, ETC.

. . .in the year 1875 the following described tract of land lying in the 1st Civil District of Jackson County, TN on the North side of Cumberland River bounded on the North by the lands of Newton Moore, on the South (by) the Cumberland River, on the East by the lands of Denton Moore and on the West by the land of G. J. Eaton and containing by estimate 112 acres and it being the same lands assigned (unreadable) A. S. Lock in the partition of the Lock farm was in the year 1875 assessed to the said A. S. Lock for taxes for said year 1875 at the value of $2000 and that the taxes was not paid on said land for said year in the time prescribed by law that on the third day of July 1876 said land was sold by the collector of Jackson county (to the State of Tennessee.)


NEW CASE.

STATE OF TN. VS.
LOCK, WILLIAM K.
CHANCERY.
1883.

REPORT OF LANDS SOLD FOR TAXES.

3 July 1876.

Sold land in District No. 1, owned by J. W. Locks heirs, 224 acres.

REPORT OF LAND SOLD FOR TAXES.

3 Jan. 1876.

Town of Gainesboro, J. W. Locks heirs, 12 town lots, 4 of said lots, No.'s 25, 26, 27, 28, known as the Lock Old Tavern . . .

REPORT OF LAND SOLD FOR TAXES.

3 Jan. 1876.

District No. 1, James W. Locks heirs, 560 acres, bounded south by Cumberland River, north by lands of Denton Moore's heirs, value $10,000.

BILL OF COMPLAINT OF THE STATE OF TN. AGAINST

WILLIAM K. LOCK, JOHN F. SADDLER, W. T. SADDLER, C. F. SADDLER AND JAMES SADDLER OF THE STATE OF TX, THE LAST FOUR ARE MINORS.

Complainant says that the defendants are the heirs at law of James W. Lock.


NEW CASE.

STATE OF TN. VS.
LOFTIS, J. M.
CIRCUIT.
1891

PETITION FOR CONTINUANCE BY J. M. LOFTIS.

He (J. M. Loftis) is not guilty of the crime charged in this indictment that is the unfortunate killing of his father was done in his own necessity of self defense.

. . . his mother Harriett Loftis . . .

. . . (his mother) is at home six miles away in bed sick with fever unable to attend or give her evidence at the present time. Something on a year ago she had a cancerous tumor and by surgical operation had one of her breasts removed. The wound therefrom has never entirely healed and there are symptoms that her cancer may return.

GRAND JURY FINDINGS.

. . .J. M. Loftis on the 20th day of Nov. 1890 . . .in Jackson Co. TN did . . .assault, shoot, wound and kill H. P. Loftis and so commit murder in the 2nd degree . . .

Jurors: Pierce Loftis, Willie Loftis, Norris Crowder, R. M. Maxwell, Cal Spivy, and John Cule.

BOND.

John Martin Loftis, principal . . .

. . . charge of murder in the second degree on the body of Hickman P. Loftis . . .


NEW CASE.

STATE OF TENN. VS.
MC CLELAND, BAILEY P. ET. AL.
1875.

REQUEST FOR WARRANT OF ARREST.

. . . on the 22 day of August 1875, Charles M. Allen was murdered by shooting him in the head with a pistol and that he believes one Bailey P. Mc Leldand (McCleland) and Sampson Bartlet committed said murder.

Accusation made by Z. M. Allen.


NEW CASE.

STATE OF TENN. VS.
MC CLOUD, WILLIAM.
CIRCUIT.
1902.

AFFIDAVIT.

No date.

(Harve and Lydia Lynn and Wm. Scott) are now sick of small pox. . .

GRAND JURY FINDINGS.

No date.

. . .Bill McCloud, on the first day of May 1902, in (Jackson Co. TN) did. . .assault, shoot, wound and kill one Winton Burks and so commit murder in the first degree . . .

Jurors not named.

AFFIDAVIT.

9 July 1902.

(Maggie Scott) gave birth to a child on today . . .

DEPOSITIONS: JERRY SCOT (SCOTT), JOHNIE SCOT (SCOTT), MARTIN SCOT (SCOTT), HIRAM ODEM, MARTHA BUTLER, WILL BARLOWE.

REQUEST FOR NEW TRIAL.

14 Nov. 1902.

. . . William Bales . . . shot his first wife . . .


NEW CASE.

STATE OF TN VS.
MC KINLEY, MATT L.
CIRCUIT.
1893.

DEPOSITION: WILEY MONTGOMERY.

(Defendant and deceased, Roll Watts) were talking, and one said the other had told a damned lie.) I saw their hands go up and something glitter near deceased's throat and deceased struck an overhanded blow as though to ward off. The passing of the damned lie and the lick was all about the same time. Defendant went around whether voluntarily or from the force of the blow I cannot state. As I came on around and got back in a position facing deceased, I discovered that it was a pistol and not a knife and defendant had it in both hands and seemed to be working at it trying to cock it or revolve it and as defendant got square around facing deceased he threw out the pistol and fired.

This was in Jackson county and occurred on 3 April 1893.

Deceased had nothing in his hands, made no effort to draw any weapon and had none. Deceased died instantly, his brains flew out on the ground.

DEPOSITIONS: HUGH HARGIS, JESSEE ELROD.

DEPOSITION: WALTER HOLMES.

Am stepson to Wiley Montgomery.

DEPOSITION: JOHN TITTLE.

DEPOSITION: BUSCOM MONTGOMERY.

. . .my father's store . . .

DEPOSITIONS: ESTER ELLEN, A. S. COOPER, ANDY PHARRISS (PHARIS).

DEPOSITION: ROLAND H. DOWELL.

I lived just above Granville at Roland Terry's at time of killing.

Have known defendant about 16 years, have lived on adjoining farms.

DEPOSITION: R. G. MONTGOMERY.

. . .my store . . .

DEPOSITION: BASS CLEMENTS.

DEPOSITION: MATT MC KINLEY.

I shot deceased . . .

. . .John B. Rayland, my brother-in-law . . .

When deceased struck me I thought my life was in danger for he had struck me once and was throwing his hand towards the place where he had told me he carried his pistol.

Had heard deceased threaten to kill him.

(Deceased) weighed at the time of the killing about 200#, I weighed 137 1/2#.

John Ragland and Jim McKinley went with me to Rutherford county (after the killing), I stayed in (unreadable) one day and went from there to Hillsburo Texas, then to California. I left April 1 and came back in July.

I left because I would be killed.

DEPOSITION: J. D. MC KINLEY.

Am father of defendant.

DEPOSITION: M. C. MC KINLEY.

I am cousin to defendant.

DEPOSITIONS: S. A. SMITH, T. BYRNE, JAMES MARNER (?), DAVE TYREE.

DEPOSITION: T. S. BIRDWELL.

Deceased wild and quarrelly when drinking.

DEPOSITION: AMON MANIER.

DEPOSITION: WHIT GIST.

. . .lived in about one mile of (defendant.)

DEPOSITIONS: WM. BRYANT, B. J. FRANKLIN, SID SIMPSON, BRUD HARRIS, DOWD WHEELER, TOM BROWN, JOE BROWN, WASH BROWN, T. K. HOLLIMAN, ALLEN MC CARTER, JNO VEACH.

DEPOSITION: TIM APPLE.

I am same Tim Apple that went to an old negroe's with (unreadable) and murdered him and went to Penitentiary for it.

DEPOSITION: GEORGE WOODALL.

I am a very weak, sickly man and I am troubled with heard disease.

DEPOSITION: W.R. WATTS, PROSECUTOR.

DEPOSITION: GEORGE WOODALL.

DEPOSITION: WM. BIRDWELL.

. . .my father T. S. Birdwell . . .

DEPOSITIONS: JOHN TROUSDALE, SAM LEE, SAM ROBINSON, PRYOR GRISSIM, JAMES FOX, JNO APPLE, J. W. APPLE, BONY BROWN, D. J. SHEPHERD.

DEPOSITION: WILEY MONTGOMERY.

I made some statements at my house and me and my wife separated on account of it.

DEPOSITIONS: R. J. MONTGOMERY, F. A. KELLY, M. J. DIXON, MRS. WATTS, R. J. MONTGOMERY, M. G. BAILES.

DEPOSITION: BOB MADDOX.

I am uncle of defendant.

DEPOSITIONS: JOHN TROUSDALE, L. S. ANDERSON, B. C. JONES, JOHN CALE, TOM TRAMMEL, W. C. OR G. PRESTON

DEPOSITION: IKE SANDLIN.

I live in DeKalb county.

(Trommell) left there four years ago.

DEPOSITION: JEFF VEACH.

PETITION.

Defendant asked for a new trial. Now has information that he did not previously have.

Depositions taken: 11 March 1895.

DEPOSITION: J. A. YOUNG.

I will be 34 next May, occupation farmer and logger and trader, residence at Stonewall, Smith county TN.

J. A. Young (signature)

DEPOSITION: T. G. BROWN.

I live in Sullivan's Bend, 8 miles above Carthage, about 19 miles from Gainesboro.

T. G. Brown (signature0

GRAND JURY FINDING.

July term 1873.

M. L. McKinley on the 3rd day of April 1873 in (Jackson county TN) in and upon the body of R. B. Watts . . .with a certain pistol in his hands . . .did make an assault and kill the said R. B. Watts . . .did shoot, penetrate, kill and murder in the first degree . . .

End of file.

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Jane Hembree Crowley
Charles Reeves, Jr.,

Jackson County Coordinators
This page last updated:  Thursday, August 13, 2015