====================================================================== Lloyd Ford Trial In 1840 Lloyd was listed in the Washington County, TN, Census. 1840 Lloyd was listed as a Revolutionary War Pensioner from the 5th Regiment, Eastern Division. Age 83. Loyd is mentioned as a member Capt. Benjamin TALBOTT's Company of the Baltimore County Militia on 31 May 1779 the same day that he gave his "Oath of Allegiance" to the colonial cause. He is described in this oath as "Lloyd FOARD JR." His father had given his oath the previous year. After the Revolution he and Mary joined his family and her sisters family in what is now the Washington County/Sullivan County, Tennessee area. There are no surviving deeds involving Loyd as either a grantor or grantee, however the Washington County Tax Lists indicate that he owned land on Sinking Creek. This property appears to have been part of his fathers Oct 1783 land grant since platte maps made of several tracts of land sold by his sons in the late 1840' and early 1850's correspond to portions of one made from the boundaries given in the original grant. How Loyd obtained this land is hard to say. Perhaps his father sold it to him for a token amount similar to the deeds made to Loyd's brothers James and John. He was referred to as Loyd FORD JR until his father's death about 1816 and after that time as Loyd FORD SR. Loyd died 18 Nov 1843 and was buried near Grey's Station in Washington County. His tombstone there bares only the initials "L. F." Loyd left a will dated 1Mar 1840 which read as follows: " In the name of God , Amen I Loyd FORD, senior of the State of Tennessee, Washington Co, being of sound mind and good health and memory. Thanks be granted to God, calling unto mind the mortality of my [life?] and knowing that it is appointed for all once to die, do make this my last will and testament that is to say principally and first of all, I give and recommend my Soul unto the hands of Almighty God that gave it, and my body I recommend to the earth to be buried in decent christian burial at the discretion of my Executors nothing doubting but at the general resurrection I shall receive the same again by the mighty power of God, and as touching such worldly estate as it pleased God to bless me with in this life. I give, devise and dispose of the same in the following manner and form. I want all personal estate to be sold and the amount arising there from to be equally divided between my seven Sons, namely, James, Grantis, Alexander, William, Enoch, Thomas, and Benjamin. I want my land and negroes to be disposed of in the following manner. I want Loyd my son to have one acre of land to live upon during his natural life and I want my Negroes to have their freedom namely Peggy and her family, Roda and her family, Edward and his family, Lark and his family, and John, to have the land to live on and raise their families on if hey see fit to stay on said plantation, but if they should see proper to leave the plantation, I want it to be equally divided between Thomas and Benjamin. I want the line run between them Beginning on Grantis Ford's line below the Spring running to James Arturburn's line with the cross fence, I want the Northern end for Thomas and west end for Benjamin. I want the heirs of Rebecca Jackson to have one dollar and the heirs of Nancy Jackson to have one dollar. I appoint James Ford and Grantis Ford my executors...." This will resulted in a landmark case regarding slaves and land owner ship. The following is taken from Anne Klebenow's 200 Years Through 200 Stories: a Tennessee Bicentennial Collection [ University of Tennessee, 1996, pp. 72, 73] and gives an excellent overview of the trial, the circumstances leading up to it, and its outcome. ===================================================================== Loyd Ford Sr. A White Man and His "Black Children's" Inheritance In the early nineteenth century, Loyd Ford Sr. referred to the three men and two women who tended his 112-acre Washington County, TN, farm as his "black children," and they may have been. Whether or not they were his offspring (eventually a major court issue) Ford's slaves were closer to him than were his seven legitimate sons---none of whom, as adults, chose to remain on the family farm and help their father. The situation resulted in a controversial will, a bitter family dispute, and a Tennessee Supreme Court ruling. Ford's fondness for his slaves led him in 1840 to have a neighbor, Robert Hale, draw up a will granting them eventual freedom and possession of the farm. Two years later, he returned to Hale's home an unhappy man. Under the influence of alcohol and angry sons (Loyd Ford Jr. had threatened to kill him) Ford asked that the will be destroyed. Sarah Hale instead retrieved another document, "an old school article", and gave it to Ford. Though illiterate, Ford recognized that this was not his will. With a shake of his head and a laugh, he gave the phony document to the Hales with instructions to "put it in the fire and burn it, maybe it will satisfy them." This ploy did not fool Ford's sons. They sent an emissary to buy the will from Mrs. Hale. She refused, then hid it in loose planks above her bed. When Ford died in 1843, the court battle began. Tennessee law allowed county courts to decide whether or not freed slaves could remain in the community (a law that changed many times during this era). A Washington County Court, showing no desire for the slaves to leave, ordered a jury trial concerning the contested will. The "black children," meanwhile had to meet certain requirements before they could appear in court. They had to find a white person, called a "next friend," who was willing to initiate a civil suit on their behalf. Phoebe Stuart (otherwise unidentified) agreed to fill this post, and on December 4, 1843, she began proceedings before the Washington County Circuit Court---Ford v. Ford. Attorneys representing the sons tried to establish that their father was insane, that the Hales were untrustworthy, and that the will was a forgery. Attorneys for the slaves countered by introducing evidence that Ford's "black children" were exactly that---his natural offspring. The Washington County jury upheld the will. The Ford sons appealed, citing errors in the circuit court proceedings. the matter went to the three-man Tennessee Supreme Court. Here, Justice Nathan Green dismissed the argument that the slaves were not "proper parties" to be involved in legal proceedings. Green's pronouncement was eloquent in its clarity and its simplicity: "A slave is not in the condition of a horse or an ox...he is made in the image of the Creator. He has mental capabilities, and an immortal principle in his nature, that constitute him equal to his owner but for the accidental position in which fortune has placed him...the laws under which he is held as a slave have not and cannot extinguish his highborn nature nor deprive him of many rights which are inherent in man." Although the Tennessee Supreme Court agreed with the Washington County verdict, it conceded that errors had been made in the case. There was no choice but to order a retrial. Ford's white heirs asked for a change of venue to Johnson County, but Johnson Countians also upheld the will. Looking a second time at the case, the state Supreme Court that same year, 1850, again backed an East Tennessee lower court in favor of the slaves. Loyd Ford's "black children" took possession of the farm he willed to them...many years, four hearings and one change of venue later. The above account, though very good, does not mention that the story did not end with the state Supreme Court's decision. The expenses associated with the trial apparently left Loyd's sons in financial ruin. They had been forced to put their farms in trust to Wiliam D. GAMMON in 1848 for debts they owed James W. DEADRICK, their attorney, and Joseph CLARK, who had taken depositions for the case. They finally had to turn their farms over completely to DEADRICK and CLARK in 1855 to settle their obligations. By this time several of the sons had moved to Monroe County, Kentucky and those remaining, with the exception of James and Loyd, joined them. However, Grant returned to Washington County five years later and in behalf of himself, his brothers, his sister, and a deceased brothers heirs filed a suit against the former slaves in Jun 1860. The documents concerning this case are incomplete but it would appear that the case was based on an allegation that the slaves had paid Robert G. HALE one hundred dollars to forge the will. The attorneys for the former slaves argued that the claim had already been addressed in the previous case and did not need to go to trial. The slaves were taken into custody by Washington County officials and a hearing was set for the next court. The documents in this case end at this point. Though the outcome is not known with certainty, the lack of any further mention of the case might indicate that the court agreed with the attorneys of Loyd's further salves and dismissed the case. =================================================================== =================================================================== =================================================================== Chapter 24 Landmark Case Ford vs. Ford December 1843 Compiled by W D Ford Copywrite - W D Ford Oct 21 1998 all rights reserved State of Tennessee. Washington Co At a Co Court begun and held at the Court House in the Town of Jonesboro on the first Monday of December 1843 of said Month. Members present Henry C Stephenson, Chairman, John B Blair, Vicent Boren, Jacob Hyder, Takay Murry Jonah Lilbrane, Robert S Ferguson, William Reed, James White, E S Mathews, John Jackson, Samuel Green, The Court having been adjourned from day to day. The last Will and testament of Loyd Ford being under consideration until Saturday of said term, when the following record was made. Henry C Stephenson, Chairman, John B Blair, Vicent Boren, Jacob Hyder, Takay Murry Jonah Lilbrane, Robert S Ferguson, William Reed, James White, E S Mathews, John Jackson, Samuel Green, members of the Court being present. John Ford and others claiming their freedom under the last Will and Testament of Lloyd Ford, deceased, by Phoebe Stuart, their next friend, make oath that they have been informed and believe the said Loyd Ford made and executed and published his last Will and Testament in March 1840 by which he directed the emancipation of his slaves. That she has reason to believe great efforts have been employed by some of the heirs at law of said Ford to hide or destroy said Will. That she has reason to believe said Will is in the possession of Robert G Hale or his wife, who are now in Jonesboro. She therefore prays that a Subpoena may be issued for said Hale and wife commanding them to produce said Will in open Court for probate and give evidence in regard to the same. Sworn in Open Court 4th December 1843 Samuel Green, Clerk signed Phoebe Stuart On Monday of the present term of this Court, John Ford, Lark Ford, Peggy Ford and her six children, Rhoda Ford and her three children , persons of color claiming their freedom, came into open Court by their best next friend, Phoebe Stuart and she having made affidavit that she has reason to believe that Loyd Ford, deceased made a last Will and Testament which is in the custody of Robert G Hale and his wife, Sarah, commanding them to appear for the and produce the said last Will and Testament in open Court for legal probate thereof. And the said cause having been on the final day of present term executed, a paper proposing to be the last Will and Testament of said Loyd Ford deceased, bearing date the first day of March 1840 was duly produced in open Court by the Sarah Hale and Robert Hale, two of the subscribing witnesses to the said last Will and Testament were duly examined in open Court, the execution thereof and the examination ---- to writing by the Clerk of this Court, and on motion of said persons of color by their said next friend a Subpoena was applied for Elizabeth Jane Hale, the remaining witness to said last Will and Testament and this Court was adjourned from day to day until the present time, when said witness in same manner were sworn and examined in open Court touching the execution of said last Will and Testament . The examination in like manner reduced to writing. On Monday of the present term, when said two first named witness were examined the said Ford and others by their next friend Phoebe Stuart moved the Court to enter the probate of said bill, but James Ford and Grant Ford, the Executors named in said will appeared in open Court and having waived any citation or summons in regard to the probate of said will, they renounced the execution ship thereof and refused to act as executors and expressed a desire to contest said Will on behalf of themselves and others being part of the heirs at law of said Loyd Ford, deceased. And now this day the said persons named as executors in said will again personally appeared in Open Court and refused to act as executors thereof and the said James Ford, Grant Ford, Benjamin Ford, Loyd Ford, Alexander Ford, William Ford, Enoch Ford and Thomas Ford being part of the heirs at law of the said Loyd Ford, deceased, whose Will was offered for probate, appeared in Open Court and contested the probate of said will and therefore said was not allowed to be considered proved, but the Court pursuant to the Act of Assembly hereby certified to the Circuit Court for Washington Co the fact of contestation, to proved. But the Court pursuant to the Act of Assembly certify to the Circuit Court for Washington Co the fact of contestation to ----made up in said Court. And the said persons contesting the probate of said will having interred into bond with approved security this Court directs the Clerk therefore to send up the said original Will, together with a copy of the record to the next Circuit Court to be held for Washington Co at the Court house in Jonesboro on the Fourth Monday in February next. And the said James Ford and Grant Ford having refused the office of executors of said Will, the Court appoints Joseph Crouch, administrator of the estate of said Loyd Ford, deceased, during the pending of said suit,. who interred into bond and was duly qualified according to law. The said persons of color claiming there freedom by their next friend, Phoebe Stuart, by their Counsel except to the proceeding of the Court in refusing to inter the probate of the Will. After the execution thereof was duly found by said witness. They further except to the opinion of he Court in sending the case up to the Circuit Court and also in allowing said executors to contest said will and also except to the bond as executed by the persons contesting the Will. Know all men by these presents that we, Benjamin Ford, Loyd Ford, James Ford, Grant Ford, Alexander Ford, William Ford, Enoch Ford, Thomas Ford, John Jackson are held and firmly bound unto Joseph Crouch administrator of Loyd Ford, deceased, and to John, Edward, Lark and others persons of color through Phoebe Stuart, their next friend, in the final sum of Five Hundred Dollars to which payment will and truly to be made. We bind ourselves and each of our heirs, Executors, and administrator severely and jointly, and firmly by these presents signed with our names and seals this 9th day of December 1843 The conditions of the above obligation are such that where as the aforesaid John, Edward, Lark and others persons of color through phoebe Stuart their next friend has produced in Open Court a paper purposing to be the last Will and Testament of Loyd Ford , deceased, for probate. The probate of which said will is contested by the above bound Benjamin Ford, Loyd Ford, James Ford, Grant Ford , Alexander Ford, William Ford, Enoch Ford, and Thomas Ford upon which the Court having appointed the said Joseph Crouch administrator pendents Lite The contest about the probate of said Will having been taken up to the next Circuit Court to be held for said Co on the 4th Monday in . Know if the above bound Benjamin Ford Loyd Fore, James Ford Grant Ford, Alexander Ford, William Ford, Enoch Ford and Thomas Ford shall, will and truly persecute said suit and shall successfully contest said Will so taken up to the Circuit Court. As forehand or if they fail therein shall will and truly pay all costs and damages which may accumulate and be acquired in said Circuit Court in said contest about said Will against them..Then this obligation to be void otherwise to remain on full force and virtue in Law. Signed: Grant Ford, James Ford, Thomas Ford, Enoch Ford, William by Benjamin, Alexander by Benjamin John Jackson, James Ford, Loyd Ford by Benjamin Samuel Green: Clerk Bill of Cost Total $6.87 State of Tennessee Washington County Samuel Green Clerk of the County Court of said county do hereby certify the foregoing to be a true copy from thte records of said Court given under my hand at Office in Jonesborough this 11th day of Decembeer 1643 Received of Samuel Green Clerk of County Court and filed in the Circuit Court clerks Office December 1843 , signed John Hlyland, clerk. February Term 1844 continued by the abjuring order of the Court. June Term 1844. Present the honorable Seth J W Sevchey Monday 24th. A paper purporting to be the last will and testament of yd Ford, deceased having been certified tto this court from the county court of said county of Washinigton when the probate of the same was contested pursuant to to the act of assembly made in such case made and provided which said paper purposhing to be the last will and testament of said oyd Forddeceased is in the words and figures following;In the name of God, Amen I Loyd Ford, senior of the State of Tennessee, Washington Co, being of sound mind and good health and memory. Thanks be granted to God, calling into mind the mortality. I want all my personal estate to be sold and the amount arising therefrom to be equally divided between my seven sons, namely, James, Granites, Alexander, William, Enoch, Thomas, and Benjamin. I want my land and Negroes to be disposed of in the following manner. I want Lloyd III, my son, to have one acre of land to live upon during his natural life, and I want my Negroes to have their freedom, namely, Peg and her family, Rhoda and her family, Edward and his family, Lark and his family, and John. I want them to have the land to live on and raise their families on, but if they should see proper to leave the plantation, I want it to be equally divided between Thomas and Benjamin. I want the line to run between them beginning on Granites Ford's line below the spring running to James Arterburn's line with the cross fence, I want the North End for Thomas and the rest for Benjamin. I want the heirs of Rebecca Jackson to have one dollar and the heirs of Nancy Jackson to have one dollar. I appoint James Ford and Granites my Executors. In Witness Whereof I here sat my hand and seal this First Day of March One Thousand Eight Hundred and Forty. Signed Loyd Ford. Witnessed Robert G Hale, Sarah Hale and Elizabeth Hale It is therefore ordered that an issue be made up to try and determine whether the paperof which the foregoing is a copy to be in truth and in fact the last will and testament of the said Loyd Ford, deceased and thereupon the counsel for the defendants moved the court to amend the issue in the case by adding the words, ' and was said instrument legally and properly executed" but the court was of opinion that the proper issue having been made and refussed said amendmant to which the opinion of the court the Defendants excepted and the cause by consent is continued till next court. October term 1844 Monday 28th. The parties by their Attorneys appeared and by agreement this case is continued over till Thursday mornint and of affidavid of Grant Ford one of the Defendants+++++ to take the deposition of Richard +++ this ==== on giving Phobe stuart one day notice of the time and place of taking the deposition and that any justice of the peace of Washington County be allow to take deposition. Same term Thuesday 29th. The parties by their attorneys appear and on affidavid of Phobe Stuart a rule is granted the plaintiffs requiring the defendants to justify their security or give sufficieint security foor the payment of cost on this case on or before the day of -. Same term Thursday 31th. The parties by their Attornies appear and agree to continue this case until the next term of Court and by agreement of parties the defendants are allowed to take the Depositon of Loyd Cox of Green County on giving the = party ten days notice of the time and place of taking the same and that any Justice of the Piece of Grreen County be allowed to take the same. Same day same term The parties by their Attornies appear and on consideration of a motion herebefore made by the plaintiffs requiring the defendants to justify their security or give other security in this cause and it is ordered by the court that said motion be overuled to whic the plaintiffs excepted. February Term 1845 Continued by the adjourning order of Court. Same Term Monday 23rd. 1845 This Cause by consent set for trial on Monday next. Same Term Mondau 31, 1845 The parties by their Attornies continue this cause until next term as on affidavid of Plaintiffs and also by consent and cosent of the Bar in general this cause is sat for trial on the first day of next term and a + is awarded the Defendents to take the Deposition of Loyd Cox of Green County, State of Tennesseee on giving the plaintiff Phobe Sturatt ten days notice of the time and place of taking said Deposition and that any Justice of the Peace of said County be allowed to take the same. October Term Wednesday 27th. Present the Hornorable Seth +++ presiding. Contested Will The parties by their Attornies appear and come also a Jury of good and lawful men; To wit; Joshua +, Joseph +, who being elected tried and sworn well and truly to enquiries say wether or not the orginal paper purporting to be the last will and testament of Loyd Ford, decaeased, a copy of which is+ at length +++ of this court at Same Term 1844 is truly the last will and Testament of Loyd Ford, deceased+++ were + from rendering their verdithuntill tomorrow morning. February 28th Same Term 1845 The parties by their Attormeys appear and the jury heretofore ++++ having entered into open Court and resumed the consideration of the cause were respile from rendering their verdict until tomorrow morning. Wednesday 29th. Same Term The parties by their attornies and the Jury herebefore sworn, to witt; +++ having returned into Court and resumed the consideration of the case are++ from rendering their verdict until tomorrow morning. Thursday 3rd same term. The parties by their attornies and the Jury herebefore sworn, to witt; +++ having returned into Court and resumed the consideration of the case are++ having returned into Court and resumed the consideration of the cause were respited from rendering their verdict until tomorrow morning. Same Term Same Day The parties by their Attornies appear and thereupon came here into Circuit +++ and be indebted to John Ford, Ned Ford, Lark Ford, Peggy Ford and her six children, persons of Color who sue by the next friend, Phobe Stuart in the final sum of five hundred dollars to be void on condition that james Ford, Grant ford, Benjamin Ford, Loyd Ford, Alexander Ford william ford, Enoch ford, Thomas Ford, the defendants in this case, shall prosecute wit effect their appeal from the couty Court of Washington County to tthis Court taken at the December Term 1843 of said county Clerk or in failure to prosecute said appeal with effect the said defendants shall will and truly pay all costs which have accured or may accure on this suit. And, the said John Jackson security as aforesaid is didcharged and released from said securityship. Friday 31 Same Term 1845 The parties by their Attorneys appear and aslo came the Jury, having returned into court and resumed the consideration of this cause are respited from rendening their verdict wntil tomorrow morning. Same Term Saturday 1st. Nov 1845 The parties by their Attorneys appear and aslo came the Jury having returned into Court and resumed the consideration of the cause, weere respited from rendering their verdictt until Monday Morning next, being unable to finish the cause this evening. Same Term Monday 3rd. Nov 1845 `The parties by their Attorneys appear and aslo came the Jury having returned into Court and resumed the consideration of the cause, weere respited from rendering their verdictt Tomorrow Morning. Same Term Tuesday Morning The parties by their Attorneys appear and aslo came the Jury having returned into Court and resumed the consideration of the cause, weere respited from rendering their verdictt until tomorrow morning. Same Term Wednesday 5th. The parties by their Attorneys appear and aslo came the Jury having returned into Court and resumed the consideration of the cause,on their oath do say that a paper produced before this Court , being the original Will sent up from the County Court and submitted to the Jury on a former day of this Court purporting to be the last will and Testament of Loyd ford, deceased is the true last will and Testament of Loyd Ford deceased, which is in the same words and figures following to wit; In the name of God, Amen I Loyd Ford, senior of the State of Tennessee, Washington Co, being of sound mind and good health and memory. Thanks be granted to God, calling into mind the mortality. I want all my personal estate to be sold and the amount arising therefrom to be equally divided between my seven sons, namely, James, Granites, Alexander, William, Enoch, Thomas, and Benjamin. I want my land and Negroes to be disposed of in the following manner. I want Lloyd III, my son, to have one acre of land to live upon during his natural life, and I want my Negroes to have their freedom, namely, Peg and her family, Rhoda and her family, Edward and his family, Lark and his family, and John. I want them to have the land to live on and raise their families on, but if they should see proper to leave the plantation, I want it to be equally divided between Thomas and Benjamin. I want the line to run between them beginning on Granites Ford's line below the spring running to James Arterburn's line with the cross fence, I want the North End for Thomas and the rest for Benjamin. I want the heirs of Rebecca Jackson to have one dollar and the heirs of Nancy Jackson to have one dollar. I appoint James Ford and Granites my Executors. In Witness Whereof I here sat my hand and seal this First Day of March One Thousand Eight Hundred and Forty. Signed Loyd Ford. Witnessed Robert G Hale, Sarah Hale and Elizabeth Hale and thereupon the defendants by their Attorney comes and moves the court to grant them a new trial of the issue of this case, but because the Court is is not advised on the ++++ day is given. Same term Thursday 6th. Nov 1845 The parties by their Attornies appear and the motion heretofore made by the defendants for a new rial being now fully argued and the Court fully understanding the premises. It is ordered by the Court that the same be discharged. It is therefore cons by the Court that the orginal will sent upon this court from the County Court, and which was sat out in the ++ submitted to the Jury empannelled in the court and also again set out in the finding of the Jury on the record of this Court, is the last will and testament of Loyd Ford, deceased and that the Jury has valid as suchm and that the verdict of said Jury and the judggement of the Court upon the validity of said will , shall be certified by the clerk of this court and the said orginal will so established to be sent back to the county Court to be recorded and to have letters testamentary or letters of administration granted and all the things there done necessary to have said will come into effect. It is further considered by the Court that the plaintiffs by their next friend Phobe Stuart recover of the defendants the cost in this cause for all which let execution issue.during the progress of this cause two bills of exception were tendered on behalf of the plaintiffs and one bill of exception on the part of the defendants, which said bills of exception were signed and sealed by the Court and ordered to be made part of record which is done accordingly. From the judgment of the Court in this Case, the defendants prey an appeal in the nature of a writ of error to the next term of the Supreme court of Errors and to be held at Knoxville on the second Monday of September next. Bond and security being given, the same is granted them. Bill of Exception No 1 Be it remembered that the Plaintiff Counsel had drawn up the issue to be submitted to the Jury in this case which issue was in the following words, after setting out a copy of the judgement purporting to be the will of Loyd Ford, it is therefore ordered that the paper of which Is a copy was in truth and in faith the last will and testament of the said Loyd Ford decease, to which the words the defendants counsel moved the Court to add the words, "and was said incremented duly and legally executed by Loyd Ford " but the addition f said words was objected to by the counsel of the plaintiff and the Court refused to permit the words to be added, but directed the issue to be put on the Record in words drawn up by said Plaintiff Counsel to which refusal of the Court to permit the addition of the aforesaid words, defendant excepted and tender this Bill of Exceptions. Which is signed and sealed and ordered to be made part of the Record. Seth G W Zu? Bill of Exception 2 Be it remembered that during the progress of this cause, the plaintiffs by their Counsel offered to prove by John Ryland and other witnesses sworn and examined in this cause that John Ford and the two other of color who are plaintiffs in this case are persons of good moral character and were from their character persons desiring their freedom But. the Court refused to admit said testimony. The defendants read in evidence disposition of Robert Tebbit with the notices and commissions is hereto annexed marked RB and of Samuel Perry which with notices and commissions hereto marked --. To the reading of said depositions the plaintiffs by their counsel objected for want od sufficient orders commission and notices and because the year and the State in which Taibbits deposition was to be taken was not given in the notice But the Court overruled the objection and allowed said deposition to be read as evidence to the Jury. To which the opinion of the Court in rejecting testimony as to the character of the person of color who are suing in this case by their best next friend and also in admitting said deposition the plaintiff by their counsel tender t the bill of exception which they prey may be signed and sealed by the Court and made a part of the Record which is done accordingly. Oct 31th, 1845 Seth J W Lucky Exhibits A to Plaintiffs 1st. Bill of Exception. Pursuant to the annexed comission issued by the Clerk of the Court for said County and State directed to any Justice of the Peace in the County of Washington and State of Tennessee impowering him to take the deposition of Robert Trebbett to be read in evidence in a certain matter of consideration in said Court pending wherein Phobe Stuart, next friend of John Ford and other Plaintiffs and james Ford, Grant ford, and others are defendants. I have cause to come before me at the court House in the Town of Jonesboro said County and State on the 6th. Day of September 1845. The Robert TrebbettSenior, a witness on behalf of the Defendants who beinig solemmly Sworn as the law directs to speak the truth, the whole truth and nothing but the truth, deposethe and sayeth. Robeert Tribbett Senior, aged about 60 years deposeth and Sayeth. In the year 1842 I was at the house of Robert G. Hale in Washington County. I suppose in the Spring season. I think in April. Mr. robert G hale showed me a will which he hale said was the will of Mr. Loyd Ford. He, hale read the will to me. The way he came to say anything about the will, while the Rev. Mr. Smith was preaching at Douglasses shed. He, Smith had invited Mr Loyd Ford near the pulpit. He, ford called out veery loud to his horse. I afterwards remarked to Mr Hale that I supposed the old man was not perhaps in his right mind. He, Hale then went and brought out the will and read it to me and asked me to feel what fine paper it was on stating it to be the best he had seen, at the same time stated that Mr. Loyd Ford a short time before had asked him to write his will and brought with him an inferior quantity of paper, but he had prevailed with him to put it off untill he had gotten the good paper. He, hale sated he had written three wills for Mr. Ford and the one he had showed me was the last one he had written. 1st question by defendants Counsel. Having heard the will read by Hale and having felt the paper, do you think the will now before you, which is the one filed in the Circuit Court thesame will and the same paper? Ans. I cannot say to the wording of the will, some of the words seem fresh in my recollection, but i am positive the will filled in the Circuit Court which is now before me is not the same kind of paper nor is it as long a sheet. The words may be the same words but it is not the sqme paper. I recolled that in the will read to me by Hale, There waas given to his son Loyd one acre lot and shop. I remember the word shop was in the will read to me. 2nd. Question. By the same. Are you acquainted with the general character of Robert G hale, If so, if he was a witness and you a juor would you believe hiim on oath ?, and : The majority of the people or persons in his neighborood consider him a man of bad character. Robert G. hale is a near connection of mine I wish not to speak farther on the subject, and further this; deponeth sayeth, not. Signed; Robert Tribbell State of Tennessee, Washiington County I Samuel Green a Justice of the peace for said County do hereby certify the foregoing Deposition was taken by me at the Court House in the Town of Jonesboro in the county of Wahington and State of Tenessee aforesaid on the sisth day of September 1845. Defendants by Attorney being present and that the same was reduced to writing by myyself. Given under my hand and Seal this 6th. Day of September 1845. Samuel Green Phobe Stuart next friend of John ord and others vs, Jas Ford , Grant Ford , Thomas Ford, and others Thomas Ford one of the defendants makes oath that the Testamony of robert Tribbell,Sen will be material to the defendants on the trial of the above case that he got an order sometime ago to take said Taibbotts deposition in sullivan county where he resides but he has since found that Justice requires that it should be taken in Washington county, and he thinks that sasid deposition can be taken in said Washington county, said Tribbell resides in said sullivan county, but he is about to set out for State of Kentucky as this affiant is imformed and believes and he is fearful that he will not return before Court in this place. He therefore wishes a commission to be ++ to the defendant to take said Deposition before any Justice of the place of Washington County sworn to subscribed to this. 6th Sept 1845 signed; Thomas his mark 'ford J Ryland, Clerk order that a commission be awarded to the defendant to take the deposition of Robert Tribbett Sen. As prayed for in the foregoing affidavit and that any Justice of the peace of Washington County take said Deposition and it is further ordeered that the Defendants give Phobe Stuart the next friend of Plaintifs days of notice of the time and place of taking said Deposition. 16th. 1845 John Ryland Clerk. Mrs Phobe Stuart Please to take notice on Satrday 6th day of September at the court house in the Town of Jonesborough, Washington County before some Justice of the Peace for said County I will proceed to take the deposition of Robert Tribbell and when taken I design to have it read on evidence in the suit in Circuit Court at Jonesboro now pending in which you are the next friend of John Ford and other persons od color and muself and others are deefendants. Attend and cross examine if you think proper, 1 Sept 1845. I delivered a copy of this within to Phobe Stuart. G W ++ Sheriff Exhibit B to Plaintiffs 1st Bill of Exception. Phobe Stuart next friend of John Ford and other persons of color. Vs. James Ford, Grant Ford, and other heirs of Loyd Ford. In this case Grant Ford one of the defendants makes oath that the testamony of Samuel Perry will be material to the defendants on the Trial of the above cause, said Perry now resides in Hawkins County, State of Tennessee as this affiant is informed and believes, having within a few days left Sullivan County and moved over into Hawkins that affiant on behalf of himself and the other defendants took out a commission on the 30th of January 1845 to take said Perry's deposition in Sullivan County and gave Phobe Stuart next friend of Plaintiff notice to attend before Esquire Quilon a Justice of the peace of said Sullivan County, before the time of taking said deposition before said quillen had come a suit the said Perry had removed to Hawkins County. Thereefore he wishes that a commission may now be awarded here to take said deposition in Hawkins County before any justic of the peace of said countySaid Perry resides some 30 miles from the place State of Tennessee Washington County It is ordered that a commission to be awarded to the defendants as prayed for in the foregoing afident to take the deposition of Samuel Perry named in said affidant and that any Justice of peace in Hawkins County and State of Tenessee and it futher order that defendants give Phobe Stuart 5 days notice of the time and palace of taking deposition. To any Justice of the peace in Hawkins county, Knowledge that we are trusting to your fidelity and good judgment in examing witness, have give you full power, to call and cause to come before you at such time and place as shall be applicable. The defendants to give Phobe Stuart five days notice of time and place of taking deposition. Mrs Phobe Stuart next friend of John Ford and others, Take Notice that on Tuesday the 18th at the house of Rice Duncan Eaquir. In the county of Sullivan and State of Tennessee we will proceed to take the deposition John Chase, Samuel Murry, roland P Chase and Jane Rine heart and on the 20th at the house of Samuel Perry in the county of Hawkins and state of Tennessee we will take the deposition of Samuel Perry, which deposition we intend to read in evidence in the suit now pending in the Circuit Court at Jonesboro wherein the next friend of John Ford and others are Plaintiffs vs. James Ford and others the heirs at law of Loyd Ford, deceased are defendants. Feb 12 1845 signed; Grant ford for himself and for the other heirs at law of Loyd Ford, deceased. Notice Phobe Stuart next friend of John Ford and others.vs. Grant Ford Search made and Phobe Stuart not found in my County. I left a copy of this notice at her residents. She being about from home. Feb. 14, 1845 G W Millettt, Sheriff State of Tnnessee, Hawkins Countyy This 20th day of Feb. 1845 i have this day proceeded to take deposition of Samuel Perry at his own house in Hawkins County, about the age of fourty one years and state aforesaid in obedience to a commission here to annexed in the presence of Phobe Stuart next friend of John Ford and other plaintiffs vs. James Ford, Grant Ford, and others are defendants to be read as evidence in the Circuit court of Washington ''county and state of Tennesseee to be held on the fourth Monday of February 1845 in suit now pwnding in said Court. Samuel Perry after being sworn on the Holy Evangelist, to speak the truth , the whole truth, and nothing but the truth concerning the matter in dispute between said parties. Deposes as Follows I happened at Robert hales one night and there was a mancome and called at the door. Richard hale called Robert Hale to open the door and let the man in. He got up and open the door and the man came in. He said jack had sent him to know whether Robert Hale had forsaken him or not. Then me and Robert Hale went down to is fathers. We spide a black seem to be in a great hurry going toward Robert Hale's house. Robert Hale was called to come home. When I returned to Robert hale's he was washing his face and I asked him where he was going? He said he was going to attend to some business ford jack Ford or Ford's Jack. He made mention that Ford's negro had hired him to attend to his business for him. He said he had undertaken toatend to his business for him, and that he was making money by it. And that he were to give him some amount of money, I don't recollect how much. He told me that old Mr Ford had left his blacks free in the will he had made. He told me that he wrote that old man's will. He said he held the wil for Mr Ford, he said the old gentleman came over awhile before he died and told him that he wanted him to throw the will into the fire, and burn it up. He told me that was the last will the old man had made. He said he had to do some some writing for these blackman, he told his wife to hurry breakfast, for he had to go to Court, that the Ford's Negroes had hired him tto do their business for them and that he was determined to go his length for them. I nemed to him , if he was not afraid of getting his head into a halter, He told me , No, Perry, I am making money. Sworn to and subscribed to by the consent of the witness, Samuel, his mark, Perry I certify that the foregoing deposition is all in my own handwritting that I am in no way related to either of the parties that the same was taken before me on the day and palace and in the presence of the parties so far as they attented set fforth in the caption and it has not been out of my possession or in anywise altered , added to, or changed since it was signed by the said Samuel Perry this 20thh day of February 1845. James Belloney. The age of the witness was 41. Plaintiffs Bill of exception No3 Be it remembered that during the progress of this cause john Jackson was sworn and examined as a witness: and not again put under the rule: That Enoch Jobe was introduced and examined as a witnedd: and, on cross examination defendants counsel examined him as to whether or not he had any conversation with John Jackson, (who had not been examined as to such conversation) in regard to what Robert G Hale ++++stated to witness and witness stated that Robert G hale (who was not examined as to any conversation with witness) had told him he burned the will. To this testamony plaintiff but their counsel objected But the Court overuled the objection and alowed the evidence to go to the Jury. To which opinion of the Court, in admitting said evidence, the plaintiffs by their counsel excepted law and tendered their bill of exception which they prey may be signed and seled by the Court and made a part ot the Record which is done accordingly. Bill of Exceptions Be it rememberred that in the trial of this cause, the plaintiffs introduced and examined as a witness Robert G Hale, who being duly sworn stated; Robert G Hale Be it remembered that on the trial of this cause the plaintiffs introduced and examined as a witness, Robert Hale, who being duly sworn stated; That Lloyd Ford in his lifetime executed the paper shown to witness, to be his last will and testament and which here to annexed marked A being the original will sent up from Circuit Court in this case. The said Robert Hale on his examination in chief, then stated in substance as follows; I wrote the will (Exhibit A) at the request of the testator. It was executed by him at the time it bears date. I subscribed his name to the will. It was read to him and witness by myself, my wife and daughter in his presence, and it was requested he sign the will by making his mark in his name written by me. I held the lower part of the pin and he held the top of it. He then said it was his will and acknowledged it as such in the presents of myself, my wife and daughter, who then witnessed as stated above. I wrote the will at Ford's request. He had asked me several times to write it. I think he had been dead two years this fall. That he probably died in November 1843. I had written two wills for him previously to this, one I think dated in March 1835 and the other in April 1835. When I wrote the second will my father told Ford to burn the first but he took both away. Mr. Ford told me afterwards that the will and a purse of money had been stolen from him. He said he thought a black boy by the name of Will, a slave of Hall's, had stolen the money. I drew the will at my own house. Ford lived 1 and 1/4 mile of me. I wrote the will as he directed, He was a little deaf and I read it close to his ear. He had dictated sentence by sentence as I wrote along. My wife Sarah cannot write. I wrote her name and she made her mark as a witness. My daughter Elizabeth Jane cannot write. I also wrote her name and I think she made her mark. I did not hold the pen for them when they made their mark. I knew Ford every since I knew anyone. His mind was sound when he executed the Will. I thought him as smart as any man his age I ever saw. He was according to his calculation he was 90 or 91 years old when I drew the will. In the first or second Will he freed one or two of his slaves. I think Martha, one of his Negro girls was freed in the first Will. After the two wills of 1835, Ford told me that he had been informed, that in consequence of the insurrection of the Negroes, somewhere the law was so fixed that he could not free his Negroes and spoke of making a new Will. Finally he said he had found out that he could free the Negroes by their staying on the place. In conversation he seem anxious to reject Jackson's heirs. This Will was drawn in conformity to his instructions and in accordance with his intentions often expressed to me. Eddy is the mother of Ned and Lark, two of the defendants in this case. Peggy was the mother of John, another plaintiff and died from four to seven years ago. Ford's wife died about a year before him. He spoke of the Negroes as his family. (The plaintiffs by their counsel here stated that they were informed on the ground of the defense in this case, was the alleged incapacity of the testator, and asked the witness if it was not the reputation of the Co that the Negroes were the children of Ford, for the purpose of showing, as they alleged that the Negroes were proper subjects of his bounty, The defendant by their counsel, objected to the evidence, but the court over ruled the objection, to which the opinion of the court the defendants by their counsel expected) The witness proceeded in substance as follows; I have frequently heard it reported in the neighborhood for years before the will was drawn that some of the plaintiffs suing for their freedom by their next friend are children of Ford. John, Ned and Lark, the slaves here present are mulattos, John being the darker than either of the other. Old Man Ford told me that he had two set of children, one black and the other white, that the black ones were the smartest and the cleverest and he never intended that the white ones should make a mark on them. He said if I could find a mark on one of his black children he would give them to me. John, one of the plaintiffs, had been living from home generally about town for 10 to 15 years. The others, except Lark, lived on the place at home. Have heard Ford frequently say that John worked for money and brought it home to him. The Negroes, with the old mans consent owned stock, horses, cows, and hogs. And were well fixed in their houses. Ned, I think lived on the farm of one of the sons. Ned and lark are married men. John is not unless lately. A year or two after the will was made the old man said to me; "Robert, what better can I do with my black people than to give them to my children ?", I said, "Mr. Ford have you forgotten that you made a Will ?" He said, "No, you have it, I suppose", I said "Yes" He replied, "Keep it, and I will be up in a few days to get it.". I then discovered his mind had left him at times. About 12 months before he died, I was at his house. I saw Mulkey, who was the Ford's own preacher was there and dined. After dinner the old man asked who it was who eat dinner. I told him the preacher Mulkey. The old man was then, as I thought, entirely out of his mind. During the Fall the old Man died, and early in the Fall, as well as I can remember, he came to my house and said he had come to get the deed. I told him I had no deed, He then said it was his will he wanted. I saw that he was in great distress of mind. He talked so he could be heard two hundred yards away. I told him to go get his son Lloyd or some neighbor to come with him and lift the Will. He said his son Lloyd, had drove him there - that Lloyd ought to be in the penitentiary years ago, that Lloyd had drawn a club over him and had threatened to beat him-that Lloyd said he would beat him with the club if he did not come and get the Will. He made such a to do that I finally agreed to let him have the Will and told my wife to go and get it, She brought a paper which by the old man's directions was thrown into the fire. The old man then said, "Now, I reckon he'll let me alone." He seemed to be out of his head, seemed deranged or interrupted in mind, was in a state of great trepidation and alarm and said that Lloyd had threatened to kill him or beat him. The old man at length started off, after he got to the corner of the house he turned around and said he would be back in two or three days to get me to do some writing. (The plaintiffs here offered to prove by witness that the defendants, or some of them had sold their interest and also the good character of plaintiffs which was objected to by the defendants and the objection sustained as herein after more fully stated.) Witness did not remember that his wife handed the paper she brought to the testator but thinks he told her to throw it in the fire and she did do. On cross Examination,Witness stated in substance as follows; Stated in substance as followa; The day the will was drawn the old man came on the forepart of the day. I worked on my farm that spring. When he first mention it dont't remember whether I was in the house or outdoors-think I was home when he came. Cannot tell the day of week will was drawn. It was not a Sunday. I never write on the Sabboth and would not write a will on that day. Think I was breaking ground for flax when the first will was drawn. My father witnessed one of the first wills and my brother the other. Think the first I wrote was witnessed by my brother M G hale and myself; and the second by my father, Amon Hale and myself, but am not positive as to this. No one was present but my family when the last will (Exhibit A) was written. My son Jesse, who is about twenty years old came in, I think, just as the last will was signed, and before it was put away. He is now in this county. I had been teaching a singing school before that time. My wife said it was a school article that she burnt. Can't tell where I got the paper on which the will was written. Don't think I bought more paper then than atany other time. I sometimes borrowed paper but didnot borrow the paper om which this will was written. Think I wrothe the first will on thin paper, and the second on thick paperprocured by the old man, but am not certain as to these points. Think brother Micajah told the old man that the first will was not strong enough to bar the Jacksons. Do not remember the color of the paper on which the second will was written. Think the second will was written on first rate will paper. It was a yellowish paper, the sheets nearly twice as large as the sheet on which the last will (Exhibit A) was written- think it was thick frashed edge paper but cannt distictly remember the color or quantity of the paper on which the first two wills were written. The paper was not so blue as the blue sheets nown shown me. The last will (Exhibit A) was kept in the till of the chest, all but avery short time. For several days I did not see it. I was loking in the chest and thought it was not there. John Billingsly asked me if the will was there. Don't remember who put it back in the till of the chest. My wife had the care of the will. I missed it a few weeks before old man Ford died. Never Rept any will of his but this. Don't know where the will was. The next time I saw it was in my wife's possession. The other wills were taken home by the old man as soon as they were drawn. I never discovered tat the old man's mind failed him until we talkeed about the Blacks one or two years before his death. Ii thought he had then forgot making a will. The conversation took place near father's as the old man Ford was passing. Can't say exactly when the present will 9Exabit A) was proved. It was not sealed up when it was made. Don't know how the seal now on it came there9 in the subsequent progress or this the cause it was admitted on both sides, that when the will was sent up from the county Court it was attached by a wafer to the ballance of the record by the Clerk of the County Court. I put the will in a brown paper before it was put into the chest. I have not have anything offered me by the Negroes to get their feedom from them. Samuel Perry stayed with me one night. A black boy of Grant Ford's came there after we had gone to bed. It was pretty smartly in the night, it may have been about midnight. Think I got up and let the Negro in and sat by the fire and had some talk with him in the presence of Perry and leory Hale. We had no private conversation. He came someething about the burning of the will. I had told about the burning of the school article. This was not long before the last (Exhibit A) was proved. I went to blountville on the next day as a witness in the case of the State against haughter. I think Ford died that evening, but don't remember the month. Don't remember whether the negro boy knocked or not. On reflection, I tink I was mistaken as to the day Ford died. Think I heard of his death at Branstetens sale and that he was dead some days before the negro came and that he died bfore I went blountville. I cannot fix the month. It was two years this fall he died. The same fall he came to me and wanted me to destroy the will. The old man was in his proper sounf mind when I drew the will, as smart as any man of his years I ever saw. Have seen people I thought were as old. Think old father Hulse and old David Perry and one of my kin were of that age. Think there was a fire ir ight in the house when the Negro came there. Leroy Hale and Perry stayed all night with me. Matthius Keen is my brother's inlaw. I had some talk with him, I think in August 1843. Or in September during the Horse Creek Camp Meeting. Think I then showed him the will (Exhibit a) I generally block out a will and either showed him the will, or the caption part of it. I cannot say whether I told him it was the will. The will and Caption lay togather in the chest. I cannot say positively that (Exhibit a) is the same paper I showed him but think it is I have show the Caption of a will I drewlately for anotherman. Think the contents of the paper I showed Keen were the same as the will but cannot say positively whether the will is the paper or not. I did not till yesterday or in the County Court that the paper was certainly the same. I was asked no questions that I remember in the County court about showing the will to Keen and only tell it now in answer to a question. Grant Ford and I had some talk about the will and I refered him to Keen i have never talked with Keen on the subject siince he was a witness, that i remember. I talked to james Britt ago at chasis and elsewhere. Britt told me that Grant Ford said I had forged the will. I said I had forged it as the hammerman forged iron under the direction of the master of the forge. He said John Billingslysaid he had saw me forge it. This talk was at John Chases in presence of Chase. Two or three days afterwards I was at Polly Grills in company with Britt. She told me that Britt said i had acknowledged forging the will to him. I stated over what i had said. Britt and i differed a little in our statements. Chase came in. We left it to him and he said I was right. As we left, Chase, Britt, and myself were in company for a quarter of a mile. In my conversation with Britt I had been angry about what I understood John Billingsly had sworn in his desposition. I told Britt after we left the house that I owed the Fords no ill will and to say nothing about my being angryI did not request him to ++ our conversation. I never had but two conversations with Britt. John Jackson and myself have had several conversations. After the old man Ford's death his children met to make some arangement about dividing the property. I conversed there in the presence of fifteen or twenty persons. I did not tell John Jackson at the place where Ford died and standing with my back against an apple tree that there ws not the ++ ++ of a pen in existence in the spape of a will against the Frd's. Did not make that remark in the presence of others. Grant Ford said something about the will and showed me the will of March 1835 I spoke of the burning of the will in my house and about seeing the smoke and i was in a crow of the Fords and was fearful. Grant asked me if I would swear there was no will? I said I would not, but if they would bring me to Court, I would tell all I knew about it. Just before the County Court, I came to town in company with Grant Ford. Previous to that my father who died soon after made oath to the will of 1835. I think it was the March will but am not certain.John Jackson was there, I wrote his affidavit but can't tell positivey the day- though it was some days after old man Ford died - I did not, then sasy anythingabout Exhibit A, as I cme to toown with Grant Ford. He wanted meto record the will of 1935. I told him I could record it so far as to prove that I wrote and witnessed it , But that I could do him no good. I told him that if the other party came against him I would not prove his will, bur if they did not, all I said was that I could only swear to the fact of signing it as a witness, and if he was met by the rebutting party it would do him no good. I never said anything to Grant Ford about his giving me a gray mare to prove the will of March 1935. He neveer offered me a mare. I talked of buying a mare from him. That was the Sunday before we came to town. I did not bring the present will the next Monday to town. I was here when the present will (Exhabit A) was offered for probate. Will not say whether the will of 1835 was produced in court. After Exhibit A was proven, Mr nelson asked Grant Ford if he was willing to act as executioner. Grant refused patting his pocket and saying he had a will of his own. John jackson and myself have had several conversations, in my house and on the pplantation, but not at jacksons. Never talked with Jackson back of Loyd ford's field that I recollect of. Jackson was considered to be Loyd Ford's son. I did not tell Jackson that I had been taken int Mr. Nelson's office and he had said if I did not drawv a will he would have me in the penetentiary. I have talked with Mr. Gillispie, I can exonerate the lawyers ( witness was proceeding to tell conversations to exonerate the lawyers but was stopped by defendants counsel) Old man Ford told me to take the will to Lawyer Gillispie - i did so - Mr Gillispie told me to take it back. He had heard the will was burnt- (Witnesses was again s topped by defendants counsel and the conversation with Mr. Gillispie was rejected by the Court.) I have talked seveeral times with Michajah Hale. I did not tell him that Mr Nelson had taken me into his office and told me to write a new will or he would have me in the penetentiary. No such circumstance occoured . After my father died and when we were just about putting him in the coffin, Grant Ford in the presence of Micajah Hale and Grant Ford reduced something to writting. Grant Ford wanted me to go to the negroes and tell them to draw the suit or he would prosecute the other will - I do ot remember all the conversation I had in presence of John Hulse, John Billingsly got a horse and sattle and bridle of me He was enchralle? In his circumstance and made me his agent to sell four or five hundred bushels of corn when he left the country. He returned - was taken in custody and finally let loose. He came to me and said he had lost his horse and I loaned him a horse belong ing to Mr. Bouzer whose agent I was, to ride home. He still owes for the horse, sattle and bridle. Hulse promised to bring him back. He was present and heard the arangement about the horse. Billingsly said the fords wanted him to sware to some charge against me, which was unwilling to do. I wnt down to Joseph Crouch's last night, did not see my wife, who remains at home last evening or today. Have not talked with my wife and daughter as to what they would swear in this case since this court commences. Think I have have a good many conversations about the suit with my wife since she was examined as a witness in the County Court> I talkeed with my wife yesterday morning about heer comming to Court. Don't remembeer talking to my daughter for some time about the suit, but she has probably heard the conversations between me and my wife, and do not think I have talked particularly with her about her testamony. We have had propably general conversations about the suit. My wife thinks I thew the School article in the fire and I think she thew it in. I think I swore this Decemvber 1843, but may be mistaken. I do not remember whether I swore in the County court that zi witness the will in complantny? Time. I was sworn before my deposition in the County Court was reduced to writing, but do not remember whether it was not written exactly right in every particulary. I thought Green was wrong in putting down what I said as to old Mr Ford. Statements about penetentiary grounds was plough for corn in Fegruary. I think Exhabit A a year before I discovered that old man Ford's mind was out of order. I had business with loyd A Cox and related this will matter to him a ffew days as I think after it was proven in the county Court.I spoke of the will having ben gone a few days. I told Mr Cox that I told General Arnold the will was out of the way and that General Arnold had said it must be reduced to writing. I tols Cox in the course of our conversation, that it would be a peneteniary offence to forge a will. I think the tak was after relayed down. I did not aks cox's advice as to what wold be the consequences if a will was destroyed and a man would draw another just like it. I have had some conversation with Reuben Barke. I did not tell him that I had drawn the will after Ford's death. Or that I had it pat in my head, but very few words passed betweeen us. The conversation was about the time Ford died, either shortly before or shortly after. Did not tell Burk the will was Burnt. I had a talk with William Pursell since he wassummoned as a witness. He said that when he and Kincheloe were in jail he heard some conversation between Kincheloe and me. I did not tell Pursell that I had wrote the will after old Ford's death or that I had put my wife's and daughter's mark to the will. I have had several conversations with John Hulse, i did not tell that when i freed the negroes I was to get two hundred dollars or anyother sum. On Re-examination. Sarah Hale The next witness on behalf of the plaintiffs, being dully sworn, stated as follows; ld Loyd Ford made his will at our house. It was witnessed by my husband, my daughter and myself. We witnessed it at Ford's request and in his presence. The will ws read over to him twice. He made his mark to the will, and acknowledge it as his last will and testament. I made my mark as witness to the will. The old mad had often told before the will was made how he intended to dispose of his property . Witness was asked if she remember the contents of the will and stated the substance as follows. The old man wanted his blacks free and his place divided, Tom to have the upper end and Ben the lower end, and William Jackson to have one dollar. Loyd was to have a acre on which the shop stands. Grant Ford and james Ford were appointed executors The will- (Exhibit A) was now read over to the Witness in the hearing of the Court and jury by plaintiffs counsel and stated that she believed it read exactly like the will that was read over to old Ford on the day he witnessed it by making his mark. Witness stated that she had not seen or heard the will read since she was examined in the Co Court and upon hearing it read her memory was refreshed as to its contents and she believed the words were the very same she had heard read over to old Ford. The will was now shown to witness who stated that she believed it was the same paper she witnessed and that the mark in her name was the same she in the Testators presence. After the will was executed, the old man received it and at first put it into his pocket. He then said if he took it home it would be stolen or destroyed as the other had been. He then left it in my husbands care. I know old Loyd Ford from my earliest recollection. He was of sound mind when he made the will. He told husband how to do it and he wrote it as he had been frequently requested to do it before. The old man said the other wills had been stole. The will was wrote in the forepart or about the middle of the day. It was read ver twice to the old man, once before and once after husband acknowledged it. Was kept in the till of the chest until it was misplaced. I am the woman that misplaced the will. Sometime after the will was executed Loyd Ford the elder came to the house and said the boys made him come to get the will, and that he was in danger of his life if he did not come and lift the will. He said his son Loyd had drove him with a club to the back of the hill and he expected he would kill him if he did not get it. Said he must have it. Hale, my husband wanted him to fetch a couple of witness to clear him of the will and told him if he did not do so he could not get it as he, Ford had employed Mr Gillespie to carry out his will after his death, or as Gillespie was to see that it was carried out. My husband told me to go and get the will. I went and got a school article which I think was burnt by Robert, my husband in the old man's present. The old man when he came there was in rear distress of mind. He called for his deed and not for his will. I did not think he was at himself that day. He seemed to have been drinking staggered and falling against the house. In a day or two afterwards he made up to the barn and asked if Robert was at home and if i had his will yet. I told him I had and he told me that I must keep it and do what he had before told me to do with it. He was rational when he had his conversation. I never saw him afterwards. He made his mark by holding to the top of the pen while my husband held the lower part and made the mark. The old man in all his conversations with me wanted to free the blacks. He said that no man should own them or give them a lick> I asked why he wanted to free them and told him he ought to leave them to his children. He said he did not intend one of his children to serve the other. That his yellow set of children were the smartest of the two sets. It has, for years, before the old mans death, been a neighborhood report, that some of the slaves were the children of old man Ford. Ned Peg, Rhoda, and Lark, who were all muttaloes are the children of the same woman, who is black. The mother of John, one of the plaintiffs was named Peg and she was a black woman also belonging to the old man Ford. John or Jack one of the plaintiffs did not live about home. The old man treated his slaves very kindly. The blacks carried the -- as well as the family lark and Ned I think, lived on Tom Ford's place and Lark on the old man's. Peg has four or five children Rhoda had two or three children. The negroes John, Ned, and Lark Were here shown to the Jury- all being mulattoes, and the witness proved thus they were three of the persons named in exhibit A and that their mother were black woman. On Cross Examination, witness stated; as follows: Esquire Green may have read to me my deposition which he took in the Co Court. I don't think I then stated that the will was drawn about the middle of the day. I do not remember whether I made my mark to the deposition. Think ---- the testimony and aid that there was anything wrong I should correct it. Think I said it was all right. I do not remember what Robert was doing when the old man came to get the will done, or who\ether he was in the house or out of doors when the old man came over. Do not think the will was written on Sunday, but cannot remember the day. My husband does not make a witness of --- on Sunday. I said in the Co Court that when the old man's was wrote he was sober but afterwards when he came there and talked about burning it He was not on his proper mind when he spoke of having the will burnt. I handed the school article to the old man and Robert burned it. The old man looked at it and sort=of winked and told me to burn the will. He said it would satisfy them. Don't know that he could read writing. I told the Co Court he was drunk and distracted at the time he came there and the School Article was burnt. If I did not say in the Co Clerk that the old man winked I said he looked up at me as if he knew it was not the will--- can't tell how long it was afterwards he came there. He was sober when he came last. Did not get off his horse, Witness being asked by one of defendants to counsel where she kept the will. After I took the will out of the till of the chest I hid it in the corner of the house over my bed next to Arterburns. I can't tell how long it stayed there. I wrapped it up by putting a white piece of paper around it I took the will down on Sunday. Came to my daughters that evening brought it to Mr Gillespie on Monday and dined with him. He said that it was all right. I think the old man gave to Loyd a acre of land and a shop' I said he gave to Billy Jackson one dollar, but in hearing the will read I find out it was the Jackson family. Mathed Keen, my brother was at my house. I was present when my husband showed him the will or some other paper. When I was getting breakfast and I was passing about the house I did not examine the paper he showed him. I never witness any other will for the old man Ford. I had a good deal of talk with the old man on the day the will was written. No one but our family there. Think Elizabeth, my daughter was called in to witness the will Jesse Hale, my son came in just after Ford signed the will as we were folding it up. We want the old man to call in witness out of our family but he refused Leroy Hale was there once when te old man said he intended to free his negroes. Don't know where Robert got the paper on which it is written. Sometimes the old man brought paper there for Robert to do his writing. I was not present when the two wills of 1835 were written. When first will was drawn, I was requested to go away and did so. When the second will was drawn, I went over to Mrs Hases. Recollect that Grant Ford negro came to our house at night. It was not so late as midnight. Think we had just laid down. Richard hale, Leroy Hale and Samuel Perry were there, I did not get up. My husband got up but did not go out. My husband and the negroes talked at the fire. Don't know whether any other person in the house conversed with the negroes or not. The negroes stayed but a short time. I did not ask my husband what he came for. I never had any talk with james Conks wife about the will. Sally Crawford was sent there to pump me about the will, and I said sometimes one thing and sometimes another to her about it. Did not tell her the will was burned or that my husband had drawn the will after Ford's death. She want me to make Robert run away. She came to me from the Ford's of whom she had got cotton., salt and other things. At one time she wanted to get my husband to fee her for the negroes. He said he had nothing to do with it, and she then turned over to the Fords I was always doubtful of her. Sometimes we talked at our house sometimes in the road. Old mother Hale, who is 83 or 84 years of age was present at the conversation in the house. Think some of our family was there. This conversation was week before last. Old Sally Crawford is a widow, and Grant Ford is a widower. They stayed all night at Suey? Fords and I think she is pretty keen to mary him. (Here the Court adjourned for dinner) On Cross examination , Husband and I have frequently talked of this case since I was examined in Co Court, My daughter and myself talked about it coming to this Court. I have talked with Robert to day both before and since dining . I went to Emersons tavern and got dinner. The most of the talk was as to where I should get my dinner. He said something to me about his examination in Court . I have not heard from anyone what he stated on his examination during this trial, and have not had any conversation on that subject further than that he was examined a great while. I remember that exhibit A was executed in 1840. I can not say that old man's Ford's mind failed him except when drinking. We lived 2 or 3 miles of him. Saw him every 2 or 3 weeks. Think he died in the fall of 1843. Believed his will was proved at the first Circuit Court after his death but am not certain. On Re examination witness said in substance as follows; I was acquainted with the tester's wife, She died about three years ago She was very old and nearly deaf Was very much afflicted with Rheumatism for many years. She was between 80 and 90 years of age. When she died. I have heard testator speak about John (one of the plaintiffs) earning him a great deal of money. He said he divided with him sometimes. Heard him speak of him getting one hundred dollars from John at one time and frequently at other times of getting money from him. On further Cross Examination Ms Ford was sickly, Old man Ford dined with us, as I think on the day the last will was written. My husband wrote but one will on that day that I saw, ( He might have written more as I was attending part of the time the old man was there to my business about the house. Benjamin, the youngest son of the testators is as I suppose 28 or 30 years of age. I sat by the table all the time this will was written and old man Ford told Robert Hale to write it. Elizabeth Jane Hale Old Loyd Ford came to father's to get him to write a will. Father wrote it. He had some two years before written two other wills for te old man who took them home. He came back and got Father to write him another will which he left with him to keep as he was afraid it would be stolen if he took it home. I cannot read or write and have not seen the will or heard it read Since I was examined in the Co Court . I heard Father read the will over to old man Ford who signed it by making his mark and acknowledging it as his will in the presence of Father , Mother and myself who at his request and in his presents witnessed the will, (Being requested to state the contents of the will as she could from memory witnesses answers as follows) I think old Mr Ford in his will wanted his property divided between his --- and his blacks to get free and wanted his land left for the blacks He left one acre of land to his son Loyd . Don't remember what he wanted done with the land if the blacks did not live on it. I heard father reading the will (exhibit A) three times to old Mr Ford, once out of doors and twice in the house. I was passing backwards and forwards about the house, and do not remember the names of the executors. After Old man Ford made his mark to the will and I was called upon to witnesses it, I told father to make my mark to my mane as a witness and he did so in my presents and also in the presence of Ford. Mother and father also witnesses it in Ford's presence. Father made Mr. Fords mark by holding the lower part of the pen while the old man held the upper part of it. Mother made her own mark . I know old Mr. Ford from infancy., and live d near him. I have no doubt that he was in his right mind when the will was executed. He was sober at the time. The will was left in the till of the chest. I heard old Mr. Ford talking about the will. Sometime after it was executed. About the time the business was closed, my brother Jesse came in. I have frequently had the will in my hands (exhibit A) The will was read over to the witnesses in the hearing of the Court and Jury and also exhibited to her. Witnesses continued. I believe the will now read in my hearing reads precisely like the one I heard father read to the old Mr Ford and which was signed and acknowledge by him and I believe (Exhibit A) is the same paper I witnessed except there is some writing on the back of it ( which writing was admitted by parties to be an indorsement in Col Rylands handwriting as Clerk of Circuit Court } and there is a -- on it now that was not on it before it was --- in the Co Court. On Cross Examination : I do not remember the season of the year when the will was executed. Think it was during a warm spell of the weather. I don't recollect what father was doing, when old Mr. Ford came there. or whether he had dined or not. I do not remember the day of the week on which the will was drawn. It was not on the Sabbath. I was through the house several times while father was writing. I am now going on twenty one years of age. Don't recollect how much paper father had when he wrote the will. He generally had a good deal of paper and did a great deal of writing. I do not think he wrote any but the will that day. Don't think he wrote on any other piece of paper, but he may have done so. I did not notice any other piece of writing but exhibit A. Father read it over to him three times and the old man said it was his act and deed. Don't know why father read it out of doors He read it twice in the house in the presence of mother and myself. It was about half a hour after he read it out of doors before he read it in the house. Mother and I was engaged in some way about the house but I do not recollect what we were doing. She may have sat by e while father was writing. Father put away the Will in the till of the chest, the lock of which was broken. I saw the Will at the time it was executed, and had it in my hand, saw father put it in the till of the chest and saw it in the chest. Afterwards knowing it by the fold of the paper. Father put a piece of brown paper around it, Don't know whether mother took the brown paper off. Mother told me the will was in the till of the chest (Plan defendant counsel showed witness exhibit A as it was folded by the Clerk of the Court and asked her if the paper in the till of the chest was folded in that manner. Witness replied tat it was not. The counsel for Plaintiff put the Will (exhibit A in it original fold and asked her if the will she witnessed was folded in that manner and she replied that it was. I do not remember when the Will was hid. Think it was shortly after the old man Ford died, but am not certain, do not remember the time he died. But believe he has been dead about two years. I do not think any paper was wrapped up with the will in the brown paper. I did not examine the will more closely at the Co Court than I have done now. I do not remember any I had about the will in the presents of Squire Couch Esq.? I had some conversation in the Clerks office after I was examined in Co Court on the same day. I do not know Square Crouch. Ford came down there and ad he'd prove by George Hale that father said the will was burnt. I said if he had ever told him so it was more than I knew, I did not say that I had never seen the Will until a few days before the Co Court. I heard Old Mr. Ford talk to father about the Will a good while after it was written, He asked father is he still had the Will and told father to keep it. This was after I heard that the school article was burnt. My mother made her own mark and father made mine. When they asked me about Mr. ford's mark in the Co Court I did not remember that the old Man had held the top of the pen. As I went home. I thought it all over and remembered the circumstances. Don't remember how long since father wrote the two first Wills. It must have been six or seven years since they were written. Father and grandfather witnessed one will and George Hale witnessed the other of the two wills. I made my mark to my deposition in the Co Court. I was sworn first and made my mark the last thing. I was not there the day father and mother was examined in the Co Court.. I came , I think, on Saturday. Father and I have never talked over my testimony. Mother and may have conversed about but not to as what we would prove.. Had no conversation with mother last night in regard to her testimony in Court. She talked about her examination but did not relate about what she had sworn. We stayed all night at Mrs. Stuarts. Think Mother and Father in her presence might have talked the rest of the suit. The Plaintiff by their Counsel having now examined all the subscribing witnesses to the Will, here read exhibit A to the Jury, which was objected to by the Defendants Counsel. The Plaintiffs have rested their case, and Defendants then introduced the several witnesses herein after named as being for Defendants, which witnesses being sworn states as follows: John Copass First witness for the Defendants * I knew old Lloyd Ford about forty years and lived in two miles him. Can't say whether I was with him in 1840. The old man was 93 years of age when he died he was in the habit of drinking a good deal and sometimes got drunk , in March 1840. I believe his mind was pretty considerably spent judging from his acts and conversations. Cannot speak as to his memory He would frequently come to my house. I kept a distillery. I cannot recollect any particular act from which I was informed that his mind was unsound. On cross examination witness said; I have frequently heard old man Ford speak of his Slaves, of Jack (John Ford, one of the plaintiffs). Old Mrs Ford was very much afflicted for several years before her death. I never heard old man Ford say he intended to free his negroes. I have heard for a long time the report in the neighborhood that the old man's boys or some of the defendants were the fathers of the slaves. John, Ned and lark and have lately heard that old man Ford himself was the father. I have heard the report as to the defendants several years before the old man died. Never heard the report that the old man was the father until after this suit was commenced. On re-examination Ford talk about the matter. I thought there was a difference in his mind in 1840. But cannot relate any facts upon which my opinion is founded. John Hulse Next Witness for the defendant I knew old Lloyd Ford for fifty two years, I lived 26 years 1 miles of him. I think his mind in 1840 was as good as that of any old man of his age About three years before he died he was very forgetful. I was in company with him three years ago this fall or last fall (in the fall of 1841 or 1842) and when he got near a house the old man asked me whose plantation it was. I told him it was Johny Proffit's plantation adjoining him. The old man replied "Dear me". What have I come to ? I have lived here sixty years and have forgotten my own neighbor" This was scarcely three miles from where the old man lived I built a wheel four or five years before his death. The old man did not recollect the plantation on the day Denton bought a colt from Grant Ford and on reflection I think it was four or five yearss ago but am not positive. He asked me twice what place it was and on the second occasion repeated "la what have I come to"? He asked me the second time in three or four months after he first asked me. The od man drank too much at times, but I would not call him a sot. He did not always know me when we met This was from six months to a year before his death. Don't think he knew anyone in the neighborhood better than me except John Proffit. Think it was from three to four years ago that he did not know the plantation , between five and six years before the old man died we had a conversation at ----. The old man said his black people should never serve anybody after he was done with them. He was then very groggy. On Cross Examination: The old man's mind was as good till a year or two before his death as any old man I ever knew. His memory had failed a little I think he had sufficient capacity to make a will to dispose of his property; to make a contract or to do any other binding act.. Three years before his death and also in march 1840, I think that for twenty years before his death , I heard he old man say that his black people should never serve anyone after his death or after his and old Women death. He had great solicitude about it and we had frequent conversation on the subject Often heard him say that Jack (John Ford, one of plaintiffs) was a good boy and that he could trust him with money, as he always kept everything straight. He said he could depend on all the boys and never was under the necessity of marking one of them. Some six months previous to his death, I saw the old man and jokingly proposed to buy one of his black men. He spoke with scorn about my proposition. He said that mo man had money enough to buy them He said his black should never serve anyone. I told him that he ought t have that fixed. He said he had it fixed long ago. At one time he got it into his head that the blacks had stolen his money. I never heard the report that any of the blacks were the old children until this suit was brought but heard long before he died that they were the children of some of his sons. Old man Ford was in good health until a very short time before he died. He boasted frequently of his strength and good eyesight. He had a very vigorous constitution. He was extremely kind to his black people the plaintiffs in this case , who sue by their next friend) He allowed them to claim horses, cows, and other property. He had a kitchen in which some of the blacks lived. Ned and Lark had little houses to themselves. Ned's was about three quarters of a mile off. On re-examination The old man said he allowed Jack to make contracts and go journeys and that he always brought his wages home. Although the old man did not know me at times, yet when I told him who I was and he got a knowledge of me his mind was clear and clam as it ever seem to be. His eyesight was so good that he could see to thread a needle. The conversation I had with him about buying the negro was a year or two after he did not know Proffit's place. He said he had accused the blacks with taking of his money but they denied it. I never heard him say he did not intend to free them. A good many years ago when there was talk about the insurrection of the negroes in Virginia he said the law was so fixed that he could not free them. John and James ford were brothers of old Lloyd. Some of the Negroes were said to be children of theirs. On Cross examination: I believe the old man was of sound mind on the day I wanted to buy his negroes and when I told him he ought to fix it and he said he had fixed it long ago. James P Hulse Next witness for defendants: I knew old Lloyd Ford for forty years In the later part of his life he was in the habit of drinking and I thought his mind was impaired in consequence of it. At times toward the later part of his life he would not know me when he saw me. This was four or five years before his death. When I would tell him who I was he would seem to know me and then in a few minutes he would again ask me . He had been well acquainted with me. I lived in 2 miles of him. I did not consider him capable of managing his business of importance for four or five years previous to his death.. I met with him once in a while in 1840 and he hardly ever knew me. About the last time I talked with him I was at his home and he did not know me. He would forget me after I had told him my name and would ask me repeatedly who I was. In telling his age , he would in the same conversation, say that he was 89, 92 and 95 years old. This was about Months before he died It may have been longer. Robert G Hale lives in about 1 mile of me I am acquainted with him , his wife and daughter and their general character. I would not believe them or either of them when upon oath. I never heard that any of the Negroes were the children of Old Mr Ford until yesterday. On cross examination heard what Robert G Hale had sworn on yesterday in this cause, from one of the Bowyers. My brother in-law William Jones has a suit in the Chancery Court at this place in which several of his father's slaves are claiming their freedom under his father's will. That suit is still pending and I was his agent in it but I was never in favor of slavery Grant Ford and myself have had frequent conversation about this suit and about Robert G. Hale. I had a conversation with Grant Ford about the two wills suits during the chancery Court. I ceased to be Ford's agent three or four weeks ago. Robert G hale and myself are friendly; tho I was indited some years ago for adultery in the Circuit Court of Sullivan County and he was a witness against me in that suit. I cannot tell the time when or the place where I first discovered old mans Ford's failure of memory. I can not tell when it was or what occasion he first failed to know me, I only formed my opinion of the state of his mind from the failure of his memory. I cannot say positive that I saw the old man Ford at all in 1839 or 1840. But I think it probable I saw him several times. Think the last talk i had with him was the fall of 1839 or the fall of 1840 in the present of George Fink. Fink went to the old man to get some money that was due to him for liquor. The old man did not know either of us. He denied at first that he owed anything for the liquor, but on being satisfied of the fact, he paid fink the money. This was the last time I ever saw the old man. Think he had some liquor there that day and that we all probably drank some of it. We stayed there about two hours, I cannot say whether or not he was intoxicated during this conversation. I told Robert G. Hale that a negro could not be freed by a will I have no feeling as to the result of this suit I have heard old man Ford say frequently that his slaves should never serve anybody else. Re-examination The conversation with old Mr. Ford, when we were at his house and he did not know fink or myself may have been later or earlier than the fall of 1839 or 1840. In the same conversation I had with Robert G hale. I told him I could not believe he was dabbling with other peoples business James Gray Next witness for defendants , examined in chief. I was acquainted with Lloyd Ford for more than fifty years. Was not very often in his company. Knew him in 1840. Lived in two miles of him. Cannot state the condition of his mind in 1840. May not have seen him at times for 6 months. From the year 1840 I consider him in his right mind. He was over 90 years of age when he died, and very forgetful. He could not remember names. Small things would agitate him when he was drinking. Some years before his death he was a very strong minded man. He could remember old transactions at any time. I aw him but he was very forgetful of names. He forgot my name some few years before he died and when hI told him my name he would recollect me and talk about my father, with whom he was well acquainted for many years. If he talked to anyone else in company, he would turn around and ask my name again in the course of ten or fifteen minutes. He would sometimes drink too much. I don't know how much land he owed, I thought he had given land to some of his children, but do not know with my own knowledge. Never knew his boys to treat him unkindly. I lived within 3 or 4 miles of Robert G hale and am acquainted with him and his general character. As to my knowledge of him I would believe him upon oath, but if the reports of him are true, I would not believe him on oath. I do not know whether the reports are true or false. I cannot fix the time I thought the old man's mind failed him. I cannot say it was before the year 1840. Cross examination: The old man's mind was worse when he was intoxicated than any other time. I did not discover anything unreasonable in his conversation. I can not say the old man's mimed was of unsound mind or that his mind was destroyed. Never heard him talk about freeing his Negroes. He frequently bragged about them and said if I could find a mark on the back of one of them , he would give them to me . I think his memory had begun to fail for two years perhaps for three or four before his death. I cannot say that he was capable of making a will or a contract or of doing any other binding act in the year 1840. I did not visit the old much for some years before his death, I have frequently the manes of persons myself when whom I am acquainted and have knew others to do sol I was not at the old man's house for eight or ten years before his death Re-examined I have but few persons whose memory had failed to the same extent as old mans Ford's I thought he was childish and would not have un trussed him to do any business of importance at such times, I might have seen him when he was intoxicated. Am certain that I have seen him sometimes when he was intoxicated. Susan Ford Witness on behalf of the defendants., being sworn, states in substance; Old Lloyd Ford was my Brother in Law, For the past 12 years of his life I lived in 1 mile of him. He came to see us right often. I was down at Henry Millers School House at a meeting the spring before his wife died, I asked him how his wife was, he replied that she was dead, On the same day as I was going home he overtook me and asked me who I was. Lloyd, I said, it is your brother, John Ford's wife. He declared that he never had a brother John. My husband was then still living. I think it was 5 or 6 years ago but I am not certain. For 8 or 9 years he did not know me when he would met me. I do not know whether the old man ever gave any of his children any property or not, His sons treated him well. Our two families were always friendly. My husband died first. Old Lloyd came in the spring to bleed my husband. He did not seem to know his own children, he would ask who they were. He did not know Ben. Ben is the youngest child, Ben was frequently there and lived about two miles off. On Cross Examination; I saw old Lloyd Ford every week. I was there the morning after his wife died. I don't believe that he knew anything about when she died. He told me to lay down that I would get sick. When she was put in her coffin the old man went to it and felt of it and then fell down on his face and I never heard a man take on so in my life. He rolled and hollowed and cried, I don't think that he had discovered before that moment that the old lady was dead. His wife died the year before he did. It was about a year or not so much before the old lady died that he asked who Ben was. His son lived about 2 miles of him. I can't tell when the meeting was at Millers School House, which is about 1 mile from where the old man resided. It was a week day, I can't say whether the old man was drinking or not and don't remember the time. I think it was in the Spring or Summer before the old man died. At times the old man talked sensibly enough, and at other times he didn't. The old man was very much attached to his Black, I have heard him say he could trust John with anything and that he had earned him much money, I have heard him say that nothing pleased him except his Negroes. At the time he came to bleed my husband he said he was troubled about his Negroes. That he didn't intend them to serve anyone. Jason, our Blackman said, "Master Lloyd, you can free them if you will". He said, "No, I have done all I can to free them but the law will not allow them to be free. My husband and old Lloyd Ford had been talking about death. My husband said that if he had fifty Negroes he wouldn't free one of them. Old Lloyd exclaimed, "Good Heavens John!, I wouldn't have my Negroes to rise in Judgment against me for the world, and if you don't free your Negroes, they will rise in Judgment against you." He said little Eddy should go free at all events. I have heard the old man say many and many a time long before he came to bleed my husband that he had never put a mark on any of his Blacks and that no other man should do so after his death. He was generally drinking when he talked about them. I was not at the house when his wife died. The old man was in the yard when I go there. He said nothing to me. Sarah Crawford. Next witness for defendant examined in chief. I have known old Loyd Ford from infancy. Fifteen or twenty years ago I moved back from ?- and knew him better from that time, For the last five or six years of his life, I thought his mind and reason were near gone. I conversed with him a good deal. Two or three years before his death me and my daughter went to the old man to borrow some money from him. I frequently saw him passing the road and from by conversations with him I thought that he had lost his mind. Sometimes when he would talk about his age he would say he was 130 years old. Sometimes he would not know me and when I would tell him my name, he would ask me again in a minute or two who I was. I have never been at his house much, but frequently saw him at the mill. We were very intimate and he was full of conversation and chat. He knew me very well when I came from Sequatchee? In the later years of his life he did nt know his other neighbors. I saw him one day at a sale and he would have drank a whole tin of liquor, at one drink? But they would not let him. Never saw him drank so when he was at himself. After his reason failed him he drank to great excess. When he died he was ninety or ninety odd years old. He and my father were about one age. When he would go to places in the neighborhood he would inquire where he was. He did not know his place or my father's place where he had lived fifty years. That was about five years ago. I do not know of his getting lost and going through the neighborhood. I never saw his sons much about there. They treated him very kindly and ?. I never knew him to give his sons any land when they left him. Old Mrs Ford died some years before the old man died. I saw her not long before her death. I think she was afflicted for sometime before her death so that to prevent her from going about. Mrs Sarah Hale and I got into conversation one night when I stayed there all night. I was very sick and sleep none. Towards day she said she was glad I had called on her, as she thought I was offended with her, I told her I did feel offended at her because she was cornered in her statements. She told me that Robert G Hale wrote the Will for pay. I said that old man Ford was not in his right mind when he made the Will. She said she began to think that he was not for about three days after he got his Will burnt he came and wanted to know if his Will was burnt. She said that she replied. La! No!, Mr Ford you had it burnt. And that he turned off contented. And I said to her Now Sallie. Robert will bring himself into a tizzy? about the Negroes. She said she had advise him not to have the Will burnt. Her daughter Minerva spoke up and said La! Man, why did you say it was the school article that was burnt. The old woman looked at me and smiled and said "how a body will forget" She did not say who destroyed the Will. Mrs Hale and I were very friendly. She came of a good family, but it is a bad sheep of a good flock or the blood is somehow adulterated. When the rumors first broke out that the Will was forged, I accused Sarah Hale of not doing right. She then said that old man Ford came and wanted his Will and she refused to let him have it and that thinking that he was not in his right mind she gave him the school article and he read it and winked at her and burn it and she supposed her husband thought it was the Will. She first said it was the Will that was burnt. And then said it was the school article. I do not think at any time that the Will was written after Ford's death, but she said that if Robert had written it after his death, Lawyer Gillispie had told him that it would not hurt him to do it. She did not admit or deny that the Will was written after Ford's death I took it for granted that it was. Cross Examination I am 39 years of age, was born in Virginia. My name was Hulse before I was married I came to this Co when I was six or eight years old. Heard old man Ford say not long before he died that he would free one of the girls . He talked about Lark being a good boy Never heard him talk about the other. I first notice his first loss of memory near the mill. I mean by mind that when I have presence of mind, that is mind. By reason, I mean if I have reason I can be reasoned with. The day the old man did not know me I met him between 11 and 12 o'clock . Can't tell the day or month or the year. It was toward the last of the summer. Don't know how it was before that I had last see him or whether old Mrs Ford was dead at the time. Was in his company six or seven years ago but am not certain as to the time I did not discover anything wrong with his mind then only that at first he did not know the place and did not know me. When informed who I was he spoke of the failure of his memory and conversationally about it. The next time I saw him was in the road coming from Cox's store. He did not know me then. When I told him who I was, he said he was old and frail and knew nothing anymore. It was after Mrs Ford died that the old man said he was 130 years old. That was the same time that I went to borrow money. I cannot remember all the conversation which then occurred. I stayed about an hour or two. This was about five years ago. It was on Monday, in the Fall season and in August or Sep. I cannot tell you the year it was since the old woman died or the time he wanted to drink the liquor was on the day of Kincheloes sale, but I don't know when that was I never conversed with anyone about this suit that I know of and never told any one what I know abut it. I was summoned I suppose because Mrs Hale and myself were intimate. I went to Grant Ford and wanted to get off as a witness, Never told him what I know about the case, I saw Sukey Ford at home two or three weeks ago Grant Ford was there. Grant and I had no very particular conversation. I am willing to marry him if he will have me. We talk about sweet tatters, swapping horses, seeding, domestic affairs, making clothes, making butter and about churning. I got some salt at Grants about a year ago, but I deny the cotton. Two of my daughters heard the first talk between Mrs. Hale and me, I told Mrs. Hale I was hurt at her because people talked hard of her, I told her that Bob, her husband ought to run away I have no feeling none at all about this suit. I thought old Mr Ford had lost his mind, I was willing to borrow money from him. Re Examined I never had any difference with Mrs; Hale but as I said before she has turned out to be a bad sheep of a good flock. I asked Grant to let me off as a witness once or twice but he would not do so. David Chandler Was then introduced by defendant and being duly sworn stated in substance: I knew Loyd Ford off and on for 29 years. I lived 1/4 mile part of the time and within 4 miles .I lived on Grant Ford's land two years. I would not have un-brushed Old Mr, Ford with any -- business. When I would go there he would not know me, and ask me who I was, When I would tell me he would say O yes, yes. But would soon forget and ask again. His sons treated him kindly while he lived there. Ben and the old man was talking. Ben said "Yes, daddy, you will fix about until you have them sold" "No, I won't have them sold, nor will I sat them free" A child came along and the old man said You have been raised children together and I want you to live together. There was generally liquor around when he talked to me. On Cross Examination Witness Stated: Thomas Ford married one of my daughters, It was 3 or 4 years ago that I heard old Ford say he would not free his Negroes. It was late in the fall or early in the winter. I think it was the first season I went there. I never discovered that the old man's mind had failed until I went to the place to live. I would not have depended on him when he said he would not free the Negroes as his mind was then gone. I have frequently heard him say that they should be free, I never heard him say that his Negroes should not be free when he was sober. I mean by doing business ( I cannot fix date) He said the Negroes should go to whoever they wanted to go to. I am about 70 years old and cannot fix the dates of my conversation with him. Samuel Murray I have lived 2 miles of Ford's since I was a boy. I have known him for 25 years . Some 5 or 6 years ago I lived with Nathan Jones. Ford came there frequently. I was Jones Stiller. Old Man Ford loved his dram. He would frequently come there, and would deny owing Jones anything, but before he would leave he would acknowledge that he owed it and would pay it. He would forget meat times. When I would tell him who I was he would not forget my name in the same conversation. He was very forgetful of his neighbors. I am acquainted with general character of Robert G Hale. I would not believe him on oath. Ford's sons treated him kindly so far as I know. I do not know the general character of Sarah Hale. Cannot say I would disbelieve her on oath. On Cross Examination: witness said R G Hale had a difficulty at a trail about two years ago. I have heard my grandfather Samuel, Jobe Old Mr. Compass, John Compass and others talk of Hale. There has been a great deal more talk about Hale since this suit than before. I never talked a half a hour with Ford. Sometimes he would talk sensible at other times not. It was six years ago that I lived at Jones That was in the year 1831 or 32 or 33. I was twenty one years old when I talked with the old man. When the old man did talk, he talked like a man of some sense and all I mean to say is that the old man was forgetful. There was nothing foolish in his conversation when he did talk My old grandfather was forgetful of names like old man Ford. My grandfather was related to Jones who had a suit in Chancery as to the freedom of his father's Negroes. William B Profitt The net witness for defendants being sworn states in substance: I was acquainted with old Lloyd Ford I knew him for fifty years. Five years before his death he would forget me, His eyesight was good. He would never ask more than once in a conversation who I was. He spoke to me two or three years before his death to write his will,. At one time he would talk of freeing his Negroes and would say they should not serve anyone after his death. At another of giving them all to Ben, and would say he intented to make a man of Ben. The track of man on which the old man lived contained 120 acres. I have no knowledge of his giving his boys anything, I have no knowledge of the boys treading the old man badly except Lloyd, who would in his drinking sprees. His son Lloyd once quarrel with him at a log rolling. I do not think the old man was capable of tending property five or six years before his death. I have been there when the old man was directing about his business. Cross Examination I have no reason for thinking Ford of unsound mind except he did not know me and he would speak of his property in different ways at different times I thought his mind was unsound because his eyesight was good and he could see a bird at a distance and would not know me when close by. He could see a bird father than I could. I did not write a will for him because he did not come, I would have written it for him had he come and brought his paper. I would have reasoned with the old man and got him as near right as I could, I would not have freed the Negroes in any event, even if the old man had told me to do so. I do not know whether I would have witnessed my will or not, I heard him say five or six years before his death that his negroes should never go out of the name of the Ford's That they should stay right where they were raised among his children. Some five years before his death I heard him say he intended to set all his negroes free i heard him say so to or three times afterwards. He said jack had made money for him that he could get $1400 for Jack and bragged a good deal on Jack's earnings. Maiajah B Hale. . The next witness for the defendants being sworn said in substance; I am a brother in law of Robert G Hale. I was acquainted with Lloyd Ford. For the last 34 or 35 years . When he would meet me, which occurred several times he would not know me. I was not much in his company during the last 4 or 5 years of his life. I had a conversation with Robert G Hale in which I understood him to saythat Ford had come to his house and asked for a deed. R G Hale told Ford that there was no deed there, but perhaps it was a will that he wanted. Ford said yes, that was it. Hale said he told his wife to get it and she did. That, some time after his wife told him it was an Old School Article that she had burnt in place of the will. That after his wife told him that he burnt it himself, because he felt dissatisfied in holding the will when the old man thought it was burnt. I never heard Robert G Hale say he had made a will after the death of old Ford. This conversation was after the old mans death and before the will was proved in County Court. I understood Robert G Hale to say That Mr. Nelson at his office or room had told him that he would have to produce the will or a copy as near like as possible. He did not say whether he had done so or not. I told Robert G Hale to have nothing to do with the case, that it was a dangerous business. This was about the time that Grant Ford and the blacks wanted their wills recorded I understand Robert G hale to say that nelson took him into his office and locked the door and told him that he would have to produce the will or a copy as near like it as he could or he would have to handle him with the law or in jail him. That no one was present except him and nelson. He said he was to be paid for his services and I understand it was his services in freeing the negroes he alluded to, He did not say who was to pay him. I do not recollect that he said he had drawn a copy of the will; On cross examination; Witness said The first talk I had with R G Hale was at my house, this was last November was a year ago or two years next November The second conversation was in the first of December. It was as well as I recollect the week that you were trying to get the will recorded. My father died on the first Monday of December and second conversation was on Wednesday following at his burying It was not far from where father lived that we talked , about 100 yards from the house. I won't say that we were in the path or out of the path. Grandfather was present at the time of the second conversation. My wife and eight children at the first which was after night. I cannot account for the discrepancy. I may have misunderstood R G hale. I had not drunk any that day. It was Grant Ford that commenced the conversation. It was before my father was buried and wh ile they were preparing to bury him. I did not go in the house after Robert G Hale. Not to have anything to do with the matter. Grant Ford advised him not to have anything to do with it. He told Grant Ford that he asked him no odds. I have told all the conversation . There was something said about what has taken place in the County Clerk. If i understand correctly, R G Hale had proved the will in the County Court. I do not know who mentioned it. I can't say that R G hale said he had sworn a lie in the County Court. I may be mistaken about R G Hale telling me he had burnt the will. I never did say or swear that Robert G hale had told me that he burnt the will and drawn another. My deposition which is here to annexed marked K is as taken in this case by Esq. Duncan. Doc Vance wrote it out and then Duncan drew it off in his own handwriting. It as read over to me I was sworn to it, and subscribed my name. This is my handwriting. The words Mieajah B Hale subscribing to the deposition marked Exhibit K , Dr Vance put down, what i had said what I said wrong and had to be corrected, I never heard Robert G Hale say he had made another will after Ford death. This I would say if I had to die by it. I understand that Elizabeth Hale had not been to Court. Grant Ford asked me if ever I heard R G Hale say anything about it. I told him that I understand that Robert G Hale was coming to town to prove the will that Grant Ford has. I gave Grant a written statement of what R G Hale had told me about burning the will. This was drawn up and paid while Father was lying the coffin. I do not know how long that was before the conversation with Robert G Hale at my Fathers grave. When Robert came up there was nothing said about the paper. I saw the paper at Esq. Duncan. Grant Ford showed it to e. The Fords have treated me badly in time past. Clubbed against me and beat me twice. We are now friendly. I have had no dealings with Grant Ford. Tom Ford made me a plow last spring for which I have not paid him. Ben Ford gave me 62 cents to pay my taxes with at the Spring muster . He paid it to me for attendance as a witness in this suit. The Fords and I have had several combats in my lifetime. They molested me twice when several of them were on me at once. On reexamination Witness said: I had been drinking at Blountville before the first conversation, and i may have been mistaken as to the final conversation. But I am certain about the part of the conversation about burning of the will as i am about any event of my life. At the second conversation Grant threatened Hale with a persecution. Robert said he did not fear him and asked him no odds.. It was in consequence of what Robert had told me that I thought I saw danger and advised him to have nothing to do with it. I may be mistaken in saying that Robert said he burnt the will. It was not long after I conversed with Robert that I gave my written statement. My recollection of it was better than now. My disposition was written in accordance with what I had before sworn. When Dr.. Vance was writing it he had to be stopped as he did not put it down as I spoke it. Duncan read it over to me and i signed it. I did not myself read the deposition I discovered no errors when Duncan read it and thought it correct. I was in no dread of the Fords when I gave them my written deposition . Dr Vance first wrote the deposition and then dictated it to Squire Duncan. I am positive that Robert G hale never told me he had written a will after the old mam's death. John Hulse Jr Next witness for the defendants being sworn, states in effect I was present at a conversation that took place between Billingsly and Robert G hale . Hale loaned Billingsly a horse to ride one day on his way to the courthouse. Billingsly was to send the horse back to me. I do not recollect about anything that was said about Billingsly being a witness in the suit, ( The question was asked whether anything was said about Fords hiring Billingsly to be a witness but the Court suppressed the answer to which plaintiffs except). I do not remember that Hale said anything about the negroes having hired him to procure their freedom or about being paid for freeing them. On cross-examination the witness said (Billingsly told me the morning he left the house about Ford's wanting him for a witness which was suppressed by the Court) I have known Ford, since I was born. I am 26 years old. I lived a half mile of him. About four years ago I stayed all night with the old man. This was on Saturday night. On the next morning hr said John had earned him several hundred dollars and was a fine fellow. On Monday following I was there again. The old man spoke of his negroes. He said he said John had earn him several hundred dollars said his negroes saw an easier time than I did or him either. Old man Ford appeared to be as much in his right mind as I ever knew him.. He always seemed to set great stoutly his negroes. I have known R G Hale ever since I was a boy. F my knowledge of him and of his general character doubt him on oath. I have heard some speak hard of him and say they would not believe him on oath, others say they would. I have known Mrs Hale all my life and am acquainted with her general character, I would believe her on oath from my knowledge of her and her general character. On re-examination I would not discredit anyone unless I knew they had done wrong. I stayed one hour with the old man and talked about Jack. I do not remember correctly whether Mrs Ford was dead then or not, but think she was. It was after the election between Harrison and Van Buren. In the spring following that election. George Couch Next witness for the defendants. At the December Court 1843 on the day the will in question, was proved. I stepped into the Clerks office where Benjamin Ford and Miss Elizabeth Hale were engaged in conversation. I heard Benjamin Ford remark to her that he knew nothing of this will until two or three weeks ago. She replied that she never had seen it until about two or three weeks ago. I think that was her answer as well as I can recollect. Benjamin Ford looked at me and nodded his head as much as to say "Take Notice of That." I did not hear the sequel of the conversation nor what preceded it. I think I have a distinct recollection of that conversation. I heard the girl examined before that and on this same day in County Court or on that day, had heard the examination of Robert G Hale and his wife, I cannot say that I am acquainted with Robert G Hale general character as I live ten or twelve miles off. On cross examination. I did not hear the commencement of the conversation between Benjamin Ford and Elizabeth. I certainly do not know to what she referred when she said she had not seen the will until two or three weeks ago, She may have referred to the fact of not seeing the will until two or three weeks before that time, since her mother had hid the will. I have heard the rumor for many years that the blacks are the children of Old man Ford. I heard long before the old mans death or the institution of this suit. I was with the old man often during the four or five years preceding his death We had many conversation on diverse subjects and particularly on the subject of religion. I never discovered anything wring with his mind , at any time, and I never in all my life , saw him when I thought he was incapable of making a will. His mind was as strong as the mind of an ordinary men of his age, he was a religious man or professed to such for many years. We talked upon other subjects, then Religion. I thought him always capable of making a contract or doing any other binding act. Lloyd A Cox Mr Hale came to my house on business and stayed all night. After we got through our business we got to talking about law and about wills He told me that old Ford was dead That ford had come to his house and said he intended to have his will burnt. That his wife or daughter, went to the book case or beau or somewhere and got an old School Article and burnt it as the will. He then suppose a case, and said "Suppose a man had a will placed in his possession and it was to get burnt, lost or destroyed, and he was to write another word for word like the original. Would it do?" I told him I thought it would or something like that but do not recollect what I said He did not say he had drawn another will. My best impression is that after I told him it would do, he replied "That is the way I did it."I cannot repeat all the conversation, I have studied it a great deal and can't remember distinctly whether he said he had drawn another will or not. I think I talked with my wife afterwards about what Hale said and from that conversation am in the impression that he said that he had burnt the will, but I am not positive as to this ,. I think the conversation was with Halem after old Ford's death, but do not remember whether i had then heard the will was presented for probate or not. On cross-examination I do not remember whether or not he said anything about having got an opinion from Genl Arnold or Mr Nelson. The only thing that makes me think Hale said he had written the will after Ford's death is what I said to my wife afterwards. Samuel Green Esqr. Being introduced on behalf of the defendants and sworn and states Being asked as to a conversation with Hale, it was objected by Plaintiffs Counsel that witness Hale had not been asked as to my connection with Green. Upon which Green retired and Robert G Hale was recalled and states; After I had missed the will I came to Jonesboro and met with Gen Arnold at the Court house door. And told him how the case was. He said Make a copy of it with a probate at the top. I WENT INTO Squires Green office and told him the will was lost out of my chest. He asked ---- I told him the contents of the will. He said I had better go to a lawyer. I did not ask what would be the consequence of writing a will after Ford's death. It was on the day of the sale of Chases that the conversation took place,.( In response to a question by ----. The will I spoke of having blocked out I took no care of, and do not know whether it was with the other will or not) Samuel Green being recalled states Robert G Hale came into my office on a public day and asked me to step to one side with him, He said he wished to inquire what ought to be done in case a man had possession of a will and had lost it? I told him I could not tell and to go to a an lawyer. He said he had talked to /Genl. Arnold and he had advised him to write another as near like the first one he could. I did not want to be pestered with the business and told him that was better than anything I could tell him I do not know that I had then heard of Ford's death Not long afterwards I heard of the difficulty about the will but cannot state how long. John Proffitt Being introduced sworn and states: I live a close neighbor to Ford for fifty three years. For five, six, or seven years before his death, I did not consider him of strong mind as a man younger than him. When he would meet me, he would not for the last four or five years of his life, know meat times. He would ask who I was, and when I told him, he would in a few minutes forget and ask again. He did not know his own negroes at times Jack and Ned were generally away from home. I do not remember which of his negroes he did not know. I do not know of the old man getting lost in the neighborhood. Robert G Hale has lived within one and a half or two miles of me for twenty years. I am acquainted with his general character and could not give him full coincidence on oath. I am acquainted with the general character of Mrs Sarah Hale, I have heard some folks say they would not believe her on oath and from the general report I would not believe her, though I know nothing personally against her credit or oath. On Cross examination witnes said: I am 68 years old, I do not recollect whether the old man was drinking or not when he did not know me. He was sometimes drunk and sometimes sober. He did not talk like a fool or a madman. One reason I did not think his mind was strong as a younger man was because I went there one day with Jack to go with a drove of horses and he asked me a dollar a day for Jacks services and I thought that was a sign of a weakness of mind. That was the most unreasonable thing I never knew him to do. I do not know of anything else indicating ---. I never heard him say he would free the negroes. I heard him say he never made a mark on them. I was passing by one day and Lloyd was cuseing his father. Both of them were drinking at the time. It was five or six years ago that I wanted to hire John, I would believe Mrs hale on oath from my own knowledge of her Re-examined I have heard one or two men swear they would not believe Mrs Hale on oath and I believe them, In the later part of his life old man Ford gave up his favor pretty much to his negroes. Mattheas Keen Next witness for defendants being sworn stated; I am the brother in law of Robert G hale I was at hales in August or September in 1843.. Some conversation took place between myself and Robert G hale about Ford's will. He said that he had the will and I was one of the --- of the County Circuit he supposed i knew all about willsssssssss and could tell whether it would wold water or not. He stepted to the wal and reasched hid hand up behind a newspaper that was pasted up against the wall and pulled out a paper which he showed me. I read it ovet I think the paper showed me was a yellowish sort color. I have thought about it a good dral and cannot think of anything that resembled it in color. The size of the papeer he showed me was the same as the exhibit A. now shown me . I cannot say certain but to the best of my judgementt and opinion I do not believe exhibit A to be the same color or the same paper, though I may be mistaken I think I told him he ought to take better cre of the paper as it seemed to be slightly injured. Hale read it over to me very particularly, and the contents were trhe same as the contentss of exhibit A now shown me. On cross examination the witness stated. I was an acting Justice of the Peace for Carter County and have given many Judgements in my timem but I cannot recollect the color of the paperm on which I have written any of the many Judgments I have given. I was setting near the door when the sun was shinning in. I had on my specks, may be mistaken as to the color. This (will in question ) does not look like the will looked motnths ago. But thete are marks on it by which I can identify it I can't tell whrn it was Col Aiken, showed it to me but ttink he showed it to mein zJune or Jul 1844 Mr Netherland showed it to me on last Monday. Robert Hale, and mys self had some differences a few years ago. My specks may have cast a shade over the paper and may have deceived me as to the color. Reuben Burke Next witnesses for defendants sworn and stated; Robert Hale said to me as we were going from his place, that he had written two wills for Ford respecting the freedom of the Negroes. That one of his wills had been stolen from old man ford and that he had written another just like it. I asked him how he wrote it. He said because he had such a good headpiece. He did not say he had forged the will. I was at his house afterwards and told him that I understood that he was denying what he said to me He said "No but that he had written three wills for Ford. ( Instead of two) On cross examination: I lived within five or six miles of old Ford. I bought a cow from him two or three years before he died and he traded very tough with one. I went there in the morning. He asked me then fifteen dollars for her. I stayed all night and the next morning, he said he would take 13 dollars as I had refused to give him 15.00. I traded with the old man himself. No one else interfering. He said that she was a good conditioned cow and could not jump but I was never so cheated in all my life. No fence could stop or turn her I was never been stuck so deep in a trade before or since. Grant Alex were there when we were about trading. None of his sons interfered or pretended that the old man was incapable of making a trade or of attending to his business. I have frequently heard the old man say he intended to sat his Negroes free. At other times I have heard him say he would not. The morning we traded he told me he intended to sat his Negroes free. I told Grant Ford about what the old man said about setting his Negroes free. The old man t