CUMBERLAND-RIVER-L Archives

From: "Lanny R. Slavey" <>
Subject: Depositions of Andrew Higginbothem and William Brush
Date: Tue, 03 Nov 1998 16:45:47 -0500

>From the Case of Conn v. Francis, Wayne Co. KY, circa 1820

The Deposition of Andrew Hickenbottem taken at the House of John Dicks in
wayne County on this the 15th Day of December 1819 betwen the Hours of
Eight Oclock A.M & Six Oclock P.M Agreeable to notice to be read as
Evedance in A Sute in Chancery Now Depending in the wayne Curcuit Court
where in Stephen T Conn is Complainant and John Francis is Defendant. The
Said Deponant being of lawfull Age and first Sworn deposeth & Says that
aboute five or Six weeks after Stephen T Con & John Francis Commenced work
on the South fork this deponent & Richard Slavey went to the place where
they S. Conn & hands were at work at the well Neare the mouth of Bare
Creek. This deponent Says Richard Slavey _?_ (smeared) to Stephen T Conn
this is the man that is to go in with me and Carry on my part. This
deponant askd Stephen T Conn if he had any objeaktions to him Conns
appeared to be well Sattisfid this deponant then askd Stephen T Conn for
the Article of Agreement between the partners Conn produced the article
this deponant & Slavey praferd (?) to Signe the Article & that they Came
for that purpose. Conn Observd another time would do as well & by that
means the did not Signe the Article but became partners by barole (parole)
agreement that its pressecution were to be obligetory on them the
agreement then was that three Hands was Sufficiant to Carry on the work
the then agreed to be at no unnessery Expence Such as hiring managers this
deponant further Says that the Sd. Conn had two blacksmiths firs when one
only was nessery for the business of the well this deponant further Says
that the Sd Conn agreed that he the Sd Conn was to furnish Iron & Steel to
make one auger foure Hundred feet Long if wanted unless we got Salt water
before. & foure bits Eighteen Inches Long & all other nessesary peeses
about the augar Such as Swevels & Clamps & _?_ (?etc.?) This deponant
further Says that in place of an augar made of Iron & Stell according to
bargan the Sd Conn made a grete part of the augar of wood. Qestion by the
Defendent Do you no or do you not (k)now that the Latter Clause in the
article Oluded (alluded?) to go a Eaquel partners in all Benefits arising
from that place as well as Expence

Answer my understanding was that if we got Salt water we was to be Eaquel
as to the prophets arissing from the works Likewise to be Eaquel as to
Expence of Carring on Sd works Question do you or do you not now that I was
to have free Access to Conns Smiths tools for the purpose of mending &
dressing Sd tools for the purpose of digging & Boring & Carring it on

Answer that was my understanding

Question by the defendant do you no or do you not no wheathe i Ever agreed
to go pardnership in bringing? Goods to the well. Answer I no nothing of
any Such Contracts & further this Deponant Sayeth not

Given under my Hand & Seale
(signed) Andrew Higginbothem {seal}

I do Heareby Certify that the deponant personaly appeard before me on the
15th of Decemb 1819 Agreeable to notice given under my Hand this 15 of
Decmb 1819 John Dick J. P.
Andrew Heckenbottom Claims his attendance $? (faded/smeared) .50
John Dick JP

The Deposition of William Brush(?) taken at the House of John Dick in Wayne
Couty this 15th of December 1819 btwen the hours of Eight Oclock AM & Six
Oclock PM agreeable to notice to be read as eveden(c)e in a suit now in
Chancry now Depending in the wayne Curcute Cort Wherein Stephen T Con is
Complanant & John Francis Defendant the Sd Deponant being of Lawfull age &
first Sworn Deposeth & Says that in the year 1816 in the Spring of the year
he was a work hand at the well on the big South fork Neare Bare Creek whare
Stephen T Conn & John Francis was boreing for Salt water

Question by the Defendant do you no or do you not now weathe I found my own
Hands in provetion or not
Answer I was Imployd by Conn & was Cook for His hand & when Frances hands
was oblidge to Borrow they always payd us again when we borowd of them we
paid them again this deponant further says that he freqently went to Lodge
with franceses Hands as there Lodging was much Better thin that of Conns &
Question in behalf of the Complainant do you no or do you not now weathe
the bed that Frances Hand Lay on was Cons or Franceses the was franceses &
Con had no Claim to them as Ever I Heard Question do you now or do you not
now tha ther was two Smiths firs kept up or not Answer ther was two firs
kept up one was applyd to Conss Owns use in making of tools of Different
Description for the use of the Contry this deponant further Says that he
heard the Compainant Say that the prophets arising by working up his Iron
in that way Nearly Clears His Expence
Question do you no or do you not now weathe my Hands done one therd part of
the work or not Answer the in my Opinion done a good therd part of the work
Question by the Defendant do you now or do you not now what time Con
brought Saddles & Bridles to the well (Amswer) to the best of my knoledge
the was brought in the fall of the Yeare 1816 Question by the Defendant
do you no or do you not now weather my Hands were allways applyd to as not
when anything meterial was thh matter or out of fire(?) Answer the ware &
ware always faithfull Hands as far as I noes & that James Rial Genrally
done the Smiths work about the well Question by the Defendant what was
the worth of the Beding & bead Cloths that the Complanant hands had at the
well Answer ten dollas a Very Generous Estemate of the bed & cloth
Question by the Defendent do you no or do you not now wheather thair was
wooden Joints made use of or not
Answer one Half at Lest of the Augar was wood & the Ribets Very frequently
came out and detane us a grate (d)eale & further this Deponant Sayeth not

Given under my Hands Seale
William Brush (his X mark) {seal}

I do Hearby Certify that the deponant appeard before me persable on the
15th of December 1819 agreeable to notice
Given under my (hand) this 15th of December 1819
John Dick JP

Lanny R. and Sharon E. Slavey
Researching the Slavey's of Pulaski Co. KY

This thread:

• Depositions of Andrew Higginbothem and William Brush by "Lanny R. Slavey" <>