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Summary
of Materials & Information in this Docket File
Page That Looks Like Spine of
A Book
Samuel Cowing
vs Joseph Haston
-
James Cunningham summoned to witness for the defendant
-
Issued:
January 15, 1800
-
Executed:
January 15, 1800
-
W.
Breazeale (attn. For defense)
Opposite Side of Above Page:
Type Set Form Used to Summons a Witness
Same form as
before, but…
Front
of Page Looks Like Spine of a Book ("1385
1235; Samuel Cowan vs Joseph Hasting; Bill & Papers - April
1800")
Back
of Page Contains Lists
of Court Costs
- Some names mentioned:
- George Richards 2
("2" may refer to the number of days as a witness)
- James Charter 2, 3
- R Houston 6,3 (he was
the Knox County Sheriff)
- Ja(mes) Cunningham 3,3
- Some
more names & costs on another sheet: (some of listed given
below)
- “Haston
copy Narr” ( price of 80 [whatever the currency was] )
Note: This seems to be a copy of the narration of the court
proceedings.
- Go.
(George) Richards 2 days witness
- William
Charter 5 days witness
- Houston
(Sheriff, I suppose) 9 days witness
- Attorney
Breazeale (for the defendant)
- Cunningham
witness 6 days
Note:
Is this the same Cunningham who had the “burying ground” in
Iredell of south Knox County, TN in which Richard G. Waterhouse and
Polly (Tipton) buried their son.
(According to the RG
Waterhouse journal) Remains of a
Cunningham cemetery were
found in that general area (on Magazine Road in South Knox County) in
1978.
Another document that appears
to be from the spine of a book
-
Samuel
Cowan vs Joseph Hasting
………
A string of initials that I don’t recognize
……..
-
Issued:
14th August, 1800
-
Executed:
16th day of August, 1800
-
R.
Houston, Shff.
-
White Att.
Opposite
side of the above document:
Two type set forms
- 1st one
commanded the Sheriff to…
take the body of Joseph Hasting if he be in your county, and him
safely keep, so that you have him before the Justices of our County
Court of Pleas and Quarter sessions, to be held for Knox County, at
the Court House of Knoxville on the second Monday of October next
then and there to answer Samuel Cowan of a Plea of Tresspass (Latin
words follow) to his damage one thousand dollars.
- 2nd form…
Know all men by these presents, that Samuel Cowan and Hugh
Montgomery are jointly and severally held and firmly bound unto
Joseph Hasting in the penal sum of two hundred and fifty dollars, to
be void on condition that the said Samuel Cowan doth with effect
prosecute a suit by him this day commenced against the said Joseph
Hasting otherwise to pay and satisfy all costs and damages that may
be awarded for failure. Witness our hands and seals this 14th
day of August A.D. 1800.
It is
signed by Hugh White (Cowan’s attorney) and by Samuel Cowan (his own
handwriting) and by (blank) Montgomery (appears to be his own
handwriting, but maybe not so)
Bail Bond Paper
Joseph
Hastings to R Houston
---------
Daniel Hastings & David Hasting
Security
On this same
page…
Sheriff Robert Houston of Knox County makes some kind of official statement
on October 11, 1800. (I can’t tell what he is saying.) He signs and seals it.
Opposite
side of that page:
State of
Tennessee
Know all men
by these presents that we Joseph Heastings, Daniel Heastings and David
Heastings of the County of Knox in the State aforesaid do bind ourselves
our heirs etc. unto Robert Houston Sheriff of The County and State ___
and ___ assigns in the sum
of two thousand dollars, to be void on condition that the above ___
Joseph Heastings doth make his
personal appearance before the Justices of our County Court of Pleas and
quarter sessions at the Court House in Knoxville on the second Monday of
October next, then and there to answer unto Samuel Cowan of a Pleas of
trespass (Latin terms follow) to his damage one thousand dollars then
and there abide the Judges and ___ of the said Court and not depart the
same without leave, ___ with our ___ and dated this 16th day
of August 1800.
The bond
is clearly signed by…
Joseph Haston
in his own handwriting.
By Daniel Heastings with his x and by the clerk who wrote the document.
By David Haston in his own handwriting.
Page That Looks Like Spine of
Another Book (summons for another witness)
Type Set Form Used to Summons
a Witness (opposite side of previous page)
Same form as
the one used with Robert Houston, but…
-
George
Richards is summoned
-
Second
Monday of January, next
-
Witness
on behalf of Samuel Cowan against Joseph Hasting
-
Witnessed
by the Charles McClung, Clerk…4th Monday of October,
1800
Cowans vs
Hasting Narr. (Narration of Court Proceedings)
Back Side
of the Above Page:
Samuel Cowan
and his Attorney complaining of Joseph Hastings ___ of the County of
Knox ___ in custody of the Sheriff of a plea of trespass _______.
For this that
whereof the said Samuel was peaceably of a certain close [close = lot of
piece of ground] or Timothy lot situated in the County aforesaid on the
South side of Holston River opposite Knoxville and being so
possessed__the said Joseph on the day of ___ one thousand eight hundred
at __ viz, in the County aforesaid with force and arms broke down and __
down the fence of the said ___ Timothy ot and intrude the said close or
Timothy lot with his feet by walking and tramping ____ down and ___ the
grass and timothy of the said Samuel in the said close and Timothy lot
then and there growing of the value of fifty dollars; and also by
throwing down and breaking down the fence of the said close or timothy
lot caused the swine to go into the said close and timothy lot and beat
down root up and destroy the grass and Timothy of the said Samuel in the
said close and Timothy lot then and there growing to the value of this
fifty dollars and other wrongs then and there did to the great damage of
the said Samuel against the Peace of the State aforesaid wherefore the
said Samuel saith he is injured and endamaged One thousand dollars and
therefore he sues.
White (pro.
Attorney)
(on lower right of document…something
about John Doe…and some words I can’t
understand)
Another
Page That Looks Like It Was From the Spine of the Book
Samuel Cowing
vs Joseph Haston somon Robert Houston [Sheriff] for the Defenden
Executed 25
day December 1800 W. Breazeale
[Note: Breazeale was attorney for the defendant, Joseph Haston.]
Note: The
summons was executed on Christmas day!
Back Side of Previous
Page: Type Set Form Used to Summons a Witness
To the
Sheriff of Knox County
We command
you to summon Robert Houston personally to be and appear before the
Justices of our County Court of Pleas and Quarter-Sessions, to be held
for the County of Knox, at the Court-house, in Knoxville, on the second
Monday of January next, then and there to testify and the truth to
say on behalf of Joseph Haston in a certain matter of controversy in our
said Court depending, wherein Samuel Cowing is Plaintiff, and Joseph
Haston is Defendant. And he
shall in no wise omit, under the penalty prescribed by Law.
Signed by
Charles McClung, Knox County. Court Clerk (1788)
Looks Like Spine of Another
Book
-
-
Summon
James Charter (Chartor? Hard
to read…but this is the name that appears on the court costs page
for witnesses)
-
For the
Defendant
-
Executed:
December 20, 1800
-
W.
Breazealle (attorney for defense)
Type Set Form Used to Summons
a Witness (opposite site of previous page)
Cowan vs
Hasting } Plea (I
assume, appeal after a judgment against his case)
Back Side
of This "Plea" Page:
Samuel Cowan
vs Joseph Hasting
And the said
Samuel saith that he by anything contained in second plea of the said
Joseph in __ ___ form above pleaded ought not to be barred from having
and maintaining his actions thereof against him be cause he saith that
the place in which the above trespass was committed in his the said
Samuel’s own freehold and that the said Joseph committed the said
trespass of his own wrong and without this that he had any such
justification as h hath alleged and this he prays may be inquired of by
the county.
“White”
Att. (attorney for the prosecution?)
D. Breazeale
(attorney for the defendant)
S.
Cowan vs J. Haston -- Plea
Back
& Front Page With This Information:
Samuel
Cowan vs. Joseph Huston / October Sessions 1800
Joseph
Haston by his attorney
comes into court and defends the force and injury when and where etc and
as to the coming with force and arms and everything that is against the
peace of the state and also as to all the afore said trespasses, except
the breaking down the fence by him the said Joseph above supposed to
have been committed he the said Joseph saith he is in no wise guilty
thereof as the said Samuel above thereof complains against him and of
this he puts himself on the on the Country.
DWBreazeale
Attorney for Defendant
And
as to the breaking or pushing down the fence by him the said Joseph
above supposed have been committed he the said Joseph saith that the
said Samuel ought not to have or mention his said action against him for
the same because he saith that before the time___ the said trespass
above supposed to have been committed a certain John and Jane Wood being
possessed of a lot of land ajoining the close of the said Samuel in his
declaration above described by their agent James Charter leased the said
lott of land to a certain Daniel Haston the father of him the said
Joseph and that he the said Joseph lived in the house of the said Daniel
Haston on the said lot of land and that he the said Joseph was under the
direction of the said Daniel as his the said Daniels servant and that
the fince above supposed to have been broken or pulled down by him the
said Joseph was the fence of him the said Daniel Haston and then and
there built and standing on the lot of said of land of the said Daniels
above mentioned and that he as the servant of the said Daniel Haston and
by the command of him the said Daniel broke and pulled down the fince
aforesaid of him the said Daniel as it was compel for him to do which is
the same breaking and pulling down of the fince whereof the said Samuel
above complains against him and this he is ready to verify whereof he
prays judgement if the said Samuel ought to have and mention his said
action against him for the same.
Signed
by DWBreazeale
Attorney for Defendant
Another
document that I didn’t find in the file of original court documents,
but that is in the transcribed version: (Source: Bottom of page77
of what appears to be a WPA transcribed copy of the original document;
specifics of the source not available)
And
now at this day to wit at a Court held by the Justices aforesaid for the
County aforesaid on the Second Monday of April 1801 till which time the
empanelling a Jury was Respited and the plea aforesaid continued came
the parties aforesaid by their attorneys aforesaid and thereupon came a
Jury to wit, Robert Patterson, Robert Dimmit, Roland Childs, Acquilla
Low (p. 102) ["p. 102" appears to be a WPA marking, indicating
the page number of the original document from which this material was
transcribed.]
John
Dermand, Jr, James Rodgers, George Guthery, William Johnston,
Obadiah Wood, Daniel Rather, Phillip Delancey and William Stanfield who
being elected, tried and sworn to truth to speak upon the issues
joined…
Note:
Is this (jury member, John Dermand, Jr.) the John
Desmond, Jr. that put up security money for Daniel Haston and
Elizabeth Roddy in January, 1800 in the James Roddy estate settlement?
Source: Knox County,
TN Court Case File: Docket # 1385/1235, Samuel Cowan vs Joseph Hasting
(1800-1801); Available at Knox
County, TN Archives |
