====================================================================== 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 told me that Jack had made a great deal of money for him. When the old man told me he intended to free his Negroes, I told him he could not do it. James Conk Next witness for the Defendants being sworn stated: Mrs Hale came down to the house and stayed all night. Mrs Hale and my wife went to bed and after they thought I was asleep they got to talking. Mrs Hale asked my wife what general report was down in that neighborhood about Robin. My wife told her the general report was that it would run Robin close for Nashville. Mrs Hale said that if he had taken her advise he would had nothing to do wn the scrape. This was last spring, a year ago. They were lying in two steps of me. I did not hear her say anything to her about the will being burned. There were no other conversation between them that I recollect. On Cross examination Witness said, There was nothing in this conversation said about the will. I do not know when this talk took place and can't say whether I told it to any person or not. There v was no one present but my wife. My wife is not sick, I left her at home. I can't tell how many children I have got. I go to mill for six. I slept in the floor that night because I have not bedroom, having but two beds. James Britt Next Witness for defendants being sworn states: I went down to Chases last Monday morning was a week ago, to borrow a briddle, Robert G Hale said that Grant Ford had gone to Bougeernal to get him to sware that he (Hale) had stole some grain or meal, so that he could put him in the Penetentry. I made some reply siding with Hale. Hale said Grant Ford was a rascal that he had always give him as good advice as the other party but Grant had accused him of forging the will and that he had never denied it He step up to me and drawing his finger across the palm of his hand, "He had forged it as a man would forge out iron under the Hammer. He had forged it with his pen. After I started for Chases, that he had got mad and had said more than he ought to have said, asked me not to say anything about it. I was once in this town and Hale said to me that the Fords were all mad at him , but Tim and Alexander. That he had just been treating jim on the money he had got of the negroes, and that if me and Alex would go up he would teat us. He said he had just been treating Jim Ford to a few pnce worth, He said it was negro money as they called it. On cros examination The talk about treating and about negro money was during the last Courtt. I told Mrs Girillx what Hale had told me. I talked with chase afterwards. Hale was present and asked if I did not think he was joking. I cannot tell how many more I have told it to, Mr Chase said at Mrs Grillss when Hale, Chase and myself talked over Hales first conversation, that he understood Hale to say that he had forged the will as directed by old Ford just as the hammer forges iron as directed by the hammer man. Chase said I was mistaken in the way I had understood Hale and I am not going to sa that he had forged it as directed by Ford I am a cousin to the Fords both blood and by marriage. Russel Chandler Next witness for the defendants being sworn stated; I was acquainted with Ford from childhood. I moved down to the purchase and stayed a year or two, but moved back six or seven years before his death. I did not consider him capable of attending to business involving critical points. He came to my house and asked me who lived there. I told him who lived there and he declared there was no such man living in the Country, For awhile I could not persuade him that he was mistaken. After a little, the old gentleman seem to recollect himself and understand that he and i had been at Thomas Hulses, and somebody borrowed two dollars of him, that I had looked at the money to see if it was good, and handed itback to him and that he handed it to the man, and that I knew it was good and that he want me to tell him so he could get his money again. I told the old gentleman that no such circumstances had ever took place. He got man and said that i was as big a rascal as the man who borrowed the money, that it was an agreement between the man who borrowed the money and me to undo him out of the two dollars, that the man was to borrow the money and I was to have one half not to tell. He met me several times afterwards and seemed not to know me. I once saw the old man at meeting, He was sitting in the steps of the pulpit. I step up to him and sad How do you do daddy Ford" He asked me who I was. He spoke very loud and said You are no account I could whip 14 such persons. I cannot tell when either of those circumstances took place but suppose it was some four or five years ago. Can't tell whether it was before or after the Presidential election in 1840. No such circumstance ocoured as Mr Ford supposed about the two dollars. I never was present in any such occasion. On Cross examination. I can't say whether he was sober or not on the day of the meeting. I can't tell whether I had been at his house for several days before another talk I believed him to be sober. I can't tell when a man has been drinking from his appearance. I can't tell how long it has been since I was in his house I was once passing his house when one of his black men , he called me in He appeared to be clam and and told me that his son was very cunning. That he expected to have Ned in his place so that he would not be removed. He said he intended to give to his children all of his Negroes except one, which should be free . After that I had another conversation with him. He had become insane, He said that none of his Negroes should serve anyone after his death , that none of his blacks should be punished by anyone after his death. I asked him if he had for gotton what he had said and if that agreed with what he had told me. I reasoned him to a recollection of what he had told me and into his right mind. I mean by insane that a man's mind has left him .I did not come to be partial. I have no feeling in the case. One of the Fords married my sister. I am a Baptist Preacher I never was turned out of the church, but once went, since I was a preacher, and informed on myself and was forgiven by the Church. Reexamined: About eight years ago Old man Ford told me that his son Benjamin was to have the farm on which the old man lived. John Jackson Next witness for the Defendants being sworn stated; In the Orchard at the Fords by an apple tree the Negroes stated they had some chance to get free. Hale said there was no other will except the one Grant Ford had and that the others were destroyed. This was just ten days after the old man's death. I could not tell who all were present, I heard no threats made that day, though the heirs of /ford were generally standing around Hail. The sons of all Loyd Ford had agreed to divide the property without selling it and they had all met there for that purpose on that day. When the blacks said they had a chance to get free, and wanted to have some chance to get free and wanted to have some chance to try. The division of the property was stopped. Mr Hale left and went through the field. I went through the lane and we met between the two fields. He said there was going to be a strong lawsuit between the blacks and the whites. That the blacks had a strong hold to get their freedom, I asked him why. He said because the old man had said he never intended they should serve anyone after his death and that there so many good neighborhood that would sware it, that it was a strong hold for their freedom. He said when he came to town to record the will, Mr Nelson took him into his office and locked him up and told him. That unless he produced him a will, he would have him in jail or the penetentiay in less than an hour, and said to me that Grant might not to smuit him or found fault because he could not help it for Nelson made him do it. And if Grant Ford would't smuit him that he would make a better witness for Grant than he would for the Negroes. I can't remember anything further in the conversation. I heard him say they had burnt an old school Article. And that he always thought that the old man ought to have his will, but I do not remember to have ever heard him say the will was burnt. This was just before June court after the will had been proven in the County Court, I am acquainted with the general character of R G Hale, if he had a feeling, or in any way interested. On Cross Examination Witness said I married the daughter of James Ford It is said that Loyd Ford, one of the defendants is my father and I reckon is. I have no interest in this cause. I never expect to get anything. But I want the Fords to gain the suit, I have talked with Col Aiken who is one of the counsels for the defendants. But can't tell whether I have talked with Mr Netherland or not I met Mr Netherland this morning and was in his company, but can't recollect whether I spoke to him or not It is possible that Mr Netherland or some other person said something to me about my being released as a security for the purpose of being a witness in this suit. Grant Ford and I have had many conversations about this suit I do not know what I came to town for the day of the County Court. Though I suppose I had some business. I was present when thw was proved in the County Court. There were no threats made at Ford's the day they all me t there. Old man Ford died the 18th of November 1843. I understand from the heirs that Enoch Ford, had sold his interest to Dr. Vance. I UNDERSTOOD FROM THE HEIRS THAT THE LAWYERS WERE TO HAVE ONE OF THE Negroes if they gained the suit. I know of no attempt to run the Negroes off after the bill in chancery was filed. I do not know where Grant Ford got the will he has got. I have often heard the old man talk about his Negroes. He was very much attached to them I have heard him frequently declare that he would free his Negroes. I have frequently heard him say this in the course of the last fifteen years of his life. I think I have heard him say differently just as often. The Fords were all present in the Orchard when Hale said there was no will in existence but the one Grant had which was written in 1835. I never told John Jones or anybody at Douglgle's shed that I was to get Edy if the suit was gained. I have forgotten if even I swore Amos hale to the will of 1835. I do not undertake to say that Grant Ford did not ask Robert Hale to swear to the will of 1835, nor do I undertake to say that R G hale did not say at the time that he would tell all about the wills if they would bring him to court. It was at Hale's home he talked about being in Nelsons office. I cannot remember or relate all that happened in the conversation of Robert G Hale which I have attempted to relate. Re examination. I know of no threats by the heirs to prevent the Negroes having a fair investigation of their suit. If Hale had said that he would tell all about it at Court I would have recollected it. Cross examination I do not remember all that Robert G Hale said in either conversation and may have misunderstood him. I told the Jury that I did not pretend to tell all that I have heard (Witnesses left with a of his and with the declaration that he would not leave until dismissed by the defendants) Daniel Proffitt Next witness for the Defendants, being sworn stated. I lived, was born and raised in three quarters of a mile of Loyd Ford. I saw him frequently, I did not consider him of sound mind for four or five years back from this time. I and my father called on him. He and my father had lived close togather for fourty years. He invided us in and asked who we were. Father told him who we were and he said "Oh ywa, yes, am I a fool?" We talked for awhile and he asked the same question again. This was a year before his death. Or within eighteeen month of that time. In 1840 or 1841 he come to my house and asked how the family was. My wife told him that we had no family. I was arounf at the back of the huse when he come. I let him in and he called me Jim. I tld him that he was mistaken, that my name was Daniel B Proffitt and that his som Jim whom he took me to be, lived over three quarters of a mile off. I invited him to set down and rest and he February 17, 1998id so. He said "Oh yes , I am lost'. After he had been there awhile he concluded not to go to Jims but to go home. After he had rested awhile i put him on his horse and he went home. I went with him half a mile and showed him the way. This was between harvest and frost. I had moved two miles from where I formally lived. He was well acquainted with me. I do not care to give any opinion as to R G Hale. I wished to be excused. He is spoken of Ill and I caannot say whether I would believe him on oath or not, unless I had heard him sworn. I do not want to comdemm him. On cross examination witness said. In 1840 or 1841 when at my house he stayed an hour or an hour and a half. We talked a good deal. He talked sensibly about something and about other he seemed a little fligty. Seemed to forget something, such as how the farms lay. I discovered nothing more than a mear failure of memory. That was the first conversation I discovered in which his mind was failing. I heard him say no one should abuse his Negroes. I do not know whether he was drinking when he came to my house or not. I am unable to tell whether I am in my right mind or not. My blood stopped once and it would not go. I worked hard and can compare hands with any of the lawyers (The witness was told to stand aside and he replied "I am not ready to go yet" The old man said he had treated is Blacks kindly. And had never put a mark on any of them as long as my finger, and nobody else should do it. As he did not intend for them to be abused. I can't tell whether he had been drinking or not when he came there. And when I had the conversation with him, It was said that a while that my own mind was danger. I can't say whether or not I had lost my reason. I will not admit or deny it. My blood stagnates and I have to get bled every spring. Ch;; o Hale Next witness or Defendants , being sworm States; I was acquainted with Loyd Ford for 29\0 years before his deatrh. He and I weere men\mbers of the same church and lived in four miles of each other. Two or three years before his death he commenced drinking and did not attend church. About two years before his death he commenced drinking and did not attend church. About two years before his death I discovered that his mind begun to fail him. I will not say I discovered anything for more than two years before his death, After that peroid when I would meet him sometimes he would know me and sometimes he would not know me. His boys were kind to the old man so far as I know I am acquainted with the general character of Robert G hale whom I have known every since I was a boy, and I could not believe him on oath. I have heard Mrs hale spoken of and can only say of her that from here say I would not believe her on oath. On Cross examination, My father and old Loyd Ford were Cousins I have had several difficulties with R G Hale, He borrowed my sattle and did not return it when he promised, but rode it to Blountville and it was levid on and about to be sold and I had to go after it. I have heard several of the neighborhood say he was a medlesome man, John Jackson, Tolbert Jackson, and Natham Jones told me so. Bob Hale knocked Talbot Jackson down with a fence rail. Natham Jones got mad at hale because he had let his horses get into Hales's fieldddd Michajah B Hale gave me a libel. I heard old man Hale and Bob hale talking. He asked Bob Hale who I was, He then asked me if I did not want a negro. Natham Jones offred him three hundred dollars for a negro girl, He said "Do you think I am a fool? Do you think I will sell my own children?" This was about a year before he died. Reexamination I thought he meant by the word "children" nothing more than in terms of enderament. Natham T Jackson Next witness for the Defendants, being sworn stated: I was raised in two miles of Loyd Fords. I am thirty years old. Toward the latter part of his life, say 4, 5 , or 6 years beffore his death, he would not know me. I wou;d tell him but he wood soon forget and ask again, I knew him to ask who Grand and Aleck Ford, were. I can't tell when it was that he did not know Grant or Alex, or when it was before or after the Presidental election of 1840. I am acquainted with R G Hale and his wife and would not believe either of them on oath. The treatment of Ford's sons, sp far as I know was always kind to hhim. On Cross Examination: Witness said Loyd Ford is said to be my Father. I will not say whether I have any feelings in this case. I want Justice to take place and I want the Ford's to gain the suitt. I have frequently talked about the suit. I can't tell when it was when I saw old Mr Ford for the first time and he did not know me. It has been four, five or six years ago. I have swn him going to Bob Hale's. It was in 1839, 40, or 41 or 42 that I wrode Constable. I said last night that I believed old Ford had made a wil to free his Negroes, and I believe it still. He told me he had made a will to free his Negroes and told me he had not. I believe he made a will and Hale wrote it. I don't believe he made this will, though I neever saw it and don't know the date of it. (Witness was told to stand aside and said "Wait until I get the sign from the other side" Valentine Irvin Eaq. The next witness for defendants, being duly swornstated: I am acquainted with the General character of Robert G Hale and wife. I would doubt them on oath. On cross examination: If a man was to make an affidavit, that he was not the father of a bastard child, and the Court was to decide the issue against him I would believe him on oath. I have a bastard suit now pending in this Court, which was decided against me in the County Court, and which I brough up under the pauper law. Thomas Fulkerson The next witness for the Defendants being sworn stated; I am acquainted with the general character of Robert G hale and wife. I would believe Hale on oath if he was in no way interested in the case. There has been some difficulties between Hale and myself and i have not been as friendly to him since as I was before. Rowland P Chase. The next witness for the Defendants being sworn stated; I am acquainted with the general character of old Ford in his last days, I do not recollect anything about his mind failing in particular, I once met him and he did not know me.But when I told him who I was he knew me well enough. I only hafd a moderate acquaintance with him. I am acquainted with the general character of Robert G Hale, so far as i know, I would believe him on oath. Taking it alltogather, reports and all, it would to give him full credit. I won't say whether I would give him full credit or not. On Cross Examination I have had hard feelings toward Hale in convensequence of him being my fatherinlaw agent. Jane Rynehart Was offered as a witness but her name not being on the list furnish Plaintiffs Counsel or the officer, she was rejected by the counsel because at the commencement of this cause, all witnesses were were put under the rule and their names were handed to the officerm and because each party Stated they had given in full list of the witnesses. James Hale Was introduced by the defendants and being sworn; I knew old Ford a great while before his death, At times he did not know me at other times he did. This was two or three years before his death, He was over eighty years old. There was another circumstance that made me think his mnd had failed, I consider him of sound mind until two or three years before his death. As for my own knowledge of R G Hale I can say nothing against him. From some heresay I would doubt his oath and from anther would believe him. On Cross Examination Witness stated that he was the second cousin of defendants and could not say say that he was in any way related to the defendants. John Ryland Was sworn as a witness for Defendants and stated in substance; I am acquainted with the general charter of R G Hale. Taking all for time that I have heard said of him , it would throw a shade of doubt on my mind as to his credit, unless he was to tell a straight and consistant tale. The first day of march came on the Sabboth. On Cross examination futher states. I am Clerk of Circuit Court at this place and have been for years, I have often made mistakes in signing dates to papers, I am acquainted with Loyd Ford and have often seen him attending to his business, drawing his pension and buying necessaries for his family. I have always heard it rumored that the Slaves were the children of some of the Fords. I never saw Loyd Ford when I thought he was insane or incapable of making a will, (Plaintiffs Counsel then offered to prove the good moral character of the person of color who sued by their next friend but was overruled by the Court, to which opinion they excepted} the defendants counsel then admitted that John Ford m one of the Slaves is good moral character and stood high among his neighbors as a man of honesty and integity but would not make any admission as to the character of other persons of color who sue in this case by their next friend. John Copass was recalled and said; I am acquainted with the general character of R G Hale. I can not say much against him but I reckin it would be hard to believe him on oath, We once had a difficulty, ( Defendants Counsel then offered to read the deposition of Samuel Perry which with the affidavits notice and commission is heto annexed to the reading of which Plaintiffs Counsel objected which objection was overruled by the Court and the deposition marked as exhibit E To which the opinion of the Court in allowing the deposition to be read, plaintiffs excepted, Defendants Counsel then offered to read the deposition of Robert Tribbuts to the reading of which the Plaintiffs /counsel objected, which was over ruled by the Court and the deposition was read , 'wherefor Plaintiffs Counsel tendered this bill of Exception which was signed and sealed by the Court. John Hulse, Recalled; I am acquainted with the general character of Robert G Hale and would not believe im on oath. John Elsea The testimony on the part of the defendant being closed the Plaintiff's Counsel introduced as Plaintiffs evidence Elias Arterburn, to whose competency as a witness defendants counsel objected, alleging that he was within the limits of degrees prohibiting Fed of Apenbly Where upon John Elsea was called by defendant's counsel as a witness and stated: I knew the Arterburns. James Arterburn's father was a very dark skin man, as dark as a Cherokee Indian. He came from the East India. The mother of James Arterburn was a fair skin woman. James Arterburn is the father of Elias Arterburn. (Whereupon the Court overruled the objection and declared the witness competent) as well because of the straight hair and fair appearance of the witness, as because it was not proved that he was within the degree) On cross examination : I am acquainted with the general character of R G Hale I have known him for 15 years. I would believe him on oath. Elias Arterburn is recalled Elias Arterburn An being dully sworn stated; I was raised close to Lloyd Ford in a mile of him. I have frequently heard him say from time to time that he would free every one of his negroes, that he had never put a mark on one of them and never intended that any one should after his death. The last time I heard him talk was four years ago at my sister's- in-law burial in the presence of Billingsley who told Ford that he would soon have a Negro for each of his sons. He said he could and he would do it. I have heard for years that the Blacks were either the old man's Fords children or his son's children. He treated them as well as his own children, and I thought from the treatment of them that they were his own children. I have heard he old man say that John, one of the plaintiffs had made him more than a thousand dollars perhaps 13 or 14 hundred dollars. I saw the old man frequently in the year 1840. The old man was as spry and jolly usual and I thought him capable of making a will or any other disposition of his property. He was of sound mind after the year 1840. When Grant's son ,William was married the old man tried to kiss his wife and seemed in fine humor, I was at a house raising at Ben Fords. It was said that Lloyd was going to jump on the old man, his father. As he advanced, the old man told Lark to stand by him. Lark stepped up by the side of the old man and when Lloyd came in a striking distance, the old said "Lark Knock Him" Lark knocked him back. and then sorter hopped all around like boys at play. Lloyd got up and came at him again, and Lark knocked him down the second time, and then the Ford's all jumped in and got to fighting like a pack of dogs, six or seven fighting at once. Grant Ford got out his knife and got a rock to strike his brother Tom with, but was prevented. I have been raised near R G Hales and was acquainted with his general character have frequently heard him swear and from my knowledge of his general character would believe him on oath. I have known Hales wife and daughter for several years am acquainted with their general character and from my knowledge thereof would believe them on oath. I knew Edy, one of the negro women. She is full blooded Africa. Johns mother, the other negro woman was not quiet as dark skin. I never knew either of them having a husband. Grant Ford, my Father, and myself were going from town. Grant said he could have bought the Will from R G Hale, for an old grey mare and some iron. Old man Ford was a very stout man for his years and had good eyesight. Grant Ford in the same conversation said the will was forged on the night old man Ford died. On cross examination Witness said "Grant Ford did not speak of being at R G Hales. I can't tell what business I was in town for I did not say that R G Hale offered a grey mare. I have a good deal of feeling in this case, for I think the old man desired them to be free. I have talked to the witnesses and various other persons through the neighborhood about the case. I have talked to father and others but have not taken any pains to secure freedom of the negroes. At Mr Nelsons request I filed a affidavit for the continuance of the case. I would believe R G Hale from report. His enemy would disbelieve him as they say. I can't remember when the fight at Ben Fords took place but it was several years ago at Ben's house raising. They were all drinking at that time. I never heard Old Ford say that he would not free his negroes. I do not think I was at Branstallers sale. James Arterburn James Arterburn being introduced and Sworn states: I knew old man Ford for 40 years I lived within a mile of him . I have frequently heard him say his blacks should never serve any man but himself. I heard him say so one or two years before his death. I saw him frequently in the year 1840. His memory had somewhat failed him then but I considered him then of sound mind and a good judge of property and capable of managing his property. I never knew him to be sick except once. I went to see the old man a few days before his death. I thought then his mind had left him. Five or six years ago he and I were coming from church he said the most that pleasured him was his negroes. I asked him why he didn't free them, he said God being willing he would free them at his death. Grant Ford came to my house a few days after his death and wanted to know if I had the old mans Will. I told him I had not and never had any. He said that he could had bought the Will R G Hale had for a old grey mare and got some iron to boot. I told him he could not buy a Will of me for any amount had it been in my possession. I have known R G Hale ever since he was a boy, have generally lived within 1 mile of him and I am acquainted with his general character. From what I know of Robert G Hale him and his general character I would believe him on oath. I have known Mrs Hale and am acquainted with her general character and would believe her on oath. I once saw Lloyd Ford when drunk treat the old man Ford very badly in his own house, and speaking of the pension Lloyd told him he should never had drawn a pension. I have heard the old man say that Jack had earned him much money. It was the rumor of the neighborhood for many years before the old man died and long before there was any talk about the will that the blacks were the children of the old man Ford or his sons. When the old man spoke of Jack earning him a great deal of money I told him he ought to release him and he said he would do so. On cross examination Witness stated: About two years before his death I heard him say that he would sat his Negroes free. He was a good and kind neighbor. He has been dead two years next month. Grant Ford told me that he could prove by Perry, that Hale forged the Will. This conversation was in the presence of Elias Arterburn and John Hulse. I said him "Grant, if you were going to forge a will, would you let anybody see you do it" and he said "No" I told him Hale was smarter than either of us, and he knew better than to let anyone see him and that I do not believe that Bob Hale forged it. I told Grant Ford that Bob Hale had told me that he had burned the Will. (Plaintiff counsel asked as to the balance of the conversation and, that we should relate to all that R G Hale said, but the Court decided that they were not untitled to go into it, to which opinion Grant Ford asked me if I were called on if I would swear to what I had said. I said I would. I told Grant Ford at John Proffits. that Bob Hale said to me at another time what ought he to do about the Will. That unless they went on with it and that he ought to be put in jail. I told him to go on with it and that he ought to be put in jail unless he did. I would not swear against them unless I knew something against them myself. I once suspected Bob Hale of swearing a lie, but have found out that I was wrong. Old man Ford was in the habit of trading hogs and cattle. I have heard him trying to trade in the later part of his life. He showed skill and judgement and did not offer large prices. I have met him several times when he did not know me, but when I would tell him my name, he would recollect me and converse rationally. This may have been four or five years ago. I never caught him out of his knowledge until a few weeks before he died. Think he died the 11th November 1843. Leroy Hale being introduced and sworn states I have ben acquainted with all Loyd Ford for 40 years and went to see him often, I saw the old man at Robert Hales in the later part of the Fall. I have lived one mile to four miles of him since i was a boy. He was talking to me about his blacks. He said he had made a will several years ago and had freed one of his Negroes girls in the will. That he had lost that will and had since made another by whicvh he had freed all of his negroes. This conversation as well as I recolect, was about 4 years ago in the later part of the Fall season. He said he had cut off Jacksons with one dollar and had left Loyd Ford one acre of land. I told him he could not free the Negroes unless he he something for tem to subscide on, He said he had left them his place to live on He told me that Robert G hale had drawn his last will and testament and that he had left it with Hale. I heard Robert G Hale read the will before old Ford's death. I did not read it myself. As well as I can recolledct the contents of the will hale read were these "The negroes were to be free and to have the farm to live on Loyd Ford was to have one acre of land- the Jackson heirs were to be cut off with one dollar each. Sam pery was present when Hale read the will to me in Coxes lane. I believe this will on exhibit a as read at the bar to be the same will read to me. Hale was comming to town to show the will to Gillispie as he said by old man Ford's directions. The old man said to me that some people said that Robert G Hale was aquirley but that he had always found him straight and honest. I have heard it rummored that the children were the childdren of the Fords, but never heard them charged to the old man and till after suit commenced . In the above consideration, old man Ford told me that he had never made a mark on one of his black people backs and he did not intend that anyone else should do dol He told me that Robert G Hale had written three wills for him, that his money was stolen at one time and that at the same time one of the wills had been stolen or misplaced. He said that Robert G Hale had drawn him a new will and that Hale had it. On cross Examination Witness said; I was told that Mrs Ford said that Lark belonged to me, but I am not his father. I am a cousin to Robert G hale. We have talked some about this case though not much. We stayed at the Widow Stewarts last night. I did not talk much as I was sworn, All that Robert G Hale SAID TO ME WAS THAT THEY HAD EXAMINED HIM A LONG TIME. It has been 4 years since I heaard Robert G Hale read the will. I am certain he read it to me before old mans Ford's death. I think Ford had been drinking the day we talked about the will at Hales. I am certain he spoke to me of two wills, It was after Hale showed me the will in the lane that I had the conversation with Hale in Ford's house. I do not remember the date of the will I was a R G Hale's one night when a Negro of Grant Fords came there Samuel Perry was there. I do not know the time of night the boy came. The boyy told he did not want him to destroy the will. I don't think Hale got out of bed. The Negro sat by the fire. There was no conversation that night about Hale making money or being hired by the Negroes, I am certain tit was four years ago since Robert G hale read the will to me. He read it to me in the spring of the year, I do not remember anything said about a shop on the will Hale read it to me . The night the Negro came to Hales I stayed all night Do not remember which left first. Perry or me or whether R G Hale went next morning to Knoxville or not. Reexamination There were no private conversation between R G Hale and Grant Ford's Negro, I was awake when the Negro left R G Hale did not go out with him, There was nothing said about burning the will. John Jones Being introduced and sworn stated; I am acquainted with Loyd Ford for 40 years and lived near him. I believe the old man to be of sound mind in 1840 and for some time after. His memory was somewhat imparied, but he conversed rationally. I believe he had capacity enough to make a contact and to dispose of property. He once applied to me about five or six years before he died to draw a will for him. I declined doing so because i was not capable of writing such an instrument. He said to me that he would come some other day and get me to draw his will. He spoke of the condimnation which woud fall on persons for keeping slaves and remarked that he thought no condemnation would come upon him on accout of his slaves as he had always fed and clothed them well and had treated them as his own children. I thought he intented to unfold his mind more fully when he came to get his will drawn, but from the ton Of his conversation I understood it to be his intension to sat his negroes free. I am acquainted with the general character of Robert G hale and would believe him on oath, I never heard of the reports incirculation against him until the institution of this suit. But since then various things have been summised against him. I am acquainted with Mrs. Hale and her general character and from my knowledge of her general character would have no reason to un belive her when upon oath. On Cross Examination said; I would not discredit anyone on mere report. I met old Mr. Ford a year or teo before he died and he semmed at first not to know me and when told who I was, he was astonished at the failure of his memory, but notwithstanding, his reason was as good as ever. Chrisphor Murry Being introduced and sworn stated; I was acquainted with Loyd Ford for a long time, This Fall 4 years ago, I sold him three hogs. He was very tight and close in the trade as much as any person I ever saw. I saw him frequently that Fall and Winter. He always appeared to talk rationally and ... I never had any reason to believe him incapable of making a trade or doing businesses act. He frequently talked of his black people and how he used them, and said some person had offered him a thousand dollars for one of his Negroes, but htat he would not take ten thousand dollars for one him and that he attented for them to live right there. This was about four years ago. I have known R G Hale nearly ever since he h groen up. He lived within three miles of me. I have heard man tales about him, but I would believe him on oath. I am also acquainted with Mrs Sarah Hale and with her general character and from my knowledge of her and of her generaal character I would have no reason to disbelieve her on oath. When ai was away for awhile old man Ford would seem not to know me, but when I would tell him who I was he would enter into conversation and talki sensibll Cross Examination; Lark had nothing to do with the trade. I thought the old man very smart man of his age. Elzekiel Channoth I knew old Loyd Ford for the last 12 years of his life and lived within mile of him on the place ajoining his and almost in sight. I have heard the old man frerquently talked about his slaves and have heard hin say frequency that he could not free them and frequency that he would free the and last that he never wanted them to serve anyone after he was gone. This last conversation was about two years before his death. The other conversation was several years. I think about 2 years or 18 months before his death he became somewhat childish, He appeared to be of sound mind up to that time and I consider him capable of making a will or of making any sort of tradek H knew vwey well how to make a trade. I am acquainted with the general character of R G hale and would believe him on oath, Old Ford lived by himself. I have known R G hale 15 or 16 years and have lived in two miles of him, Grant Ford lived in mile of his father. Ben Ford moved to the old man's in his lifetime, stayed a while and then went away. On Cross Exzminztion witness stated; I have met the old man when he did not know me, but can't say when or where it was. I can't say how often, but it may have been half a dozen or a dozen times. I have heard the old man say he had freed his Negroes. I met him frequently in the year 1840. He may have said he could not free his Negroes four or five years before he died. I do not remember being present when the old man made any trades. He bought caves, hogs for the use of his family. He would not buy them unless he could get them cheap. I have heard him frequently speak of his trade. I think as far back as two years before his death, he would not at times know me when he would meet me. Some of Hale's neighbors give him a bad name, I would not discount anyone on here say. I must have been present and heard old man Ford offer to make trades. He would appear not to know his acquaintances when he would meet them. In the last two years of his life would not know me sometimes when he saw me. I have seen other persons 90 years old- Stephenson was one of that age. John Murray Being introduced and sworn stated; I am acquainted withh old Loyd Ford. I knew him from my childhood. I am 38 or 58 years old and was born and raised in three miles of him. I have had xonversations with him about slaves. He was praising them and said he did not expect them to work for anybody but him and themselves.. I went to his home in July 1841 and sold him some tobacco. I asked him if he wanted to trade for the tobacco, he said if I had come sooner he could have boubht it, but that his boyus were in the harvest field and that he had sent his small change, to get some liquor for them, He told me to empty it out on the table and I did so. There were about six pounds and a half of it. He examined it and called his black woman to examine it. She said it was good. He asked me what I would take for it. I told him he might have what was there for a dollar. He said it was worth it and gave me the money. I consider him as of sound mind as any man his age and capable of making a contract and disposing og his property. So far as i know and have means of observation, he was capable of disposing of his property and making a will. I never discounce any failurt of memory in him more than in common old age. He was an exceeding stout man of his age, and was seldom or never sick, I saw him going about to church and to other places without help until within a year of his death. I am acquainted with the general character of Robert G hale . He and I was raised and went to school togather. I would believe him on oath. On the day I made the tobacco trade with the old man Ford, we conversed for half a hour or such a matter on different subjects. On Cross Examination Old man Ford knew me in July 1841 when ai went to his home, He did not purchase the tobacco until he had asked the Negro woman to look at it, I recollect that it was in 1841 by the number of crops that I have raised on my tobacco patch I would not wish to discount anyone on mere here say. Ford and I talked of many subjects and things and i thought his recollection and memory good for so old a man. We conversed about transactions and about recent matters. I know of no acts of unkindness toward him by any of his children. Enoch Jobe Enoch Jobe being introduced and sworn stated:(p116) I knew old Ford for 30 years before his death, I lived within 3/4 of a mile. He was a very stout and healthy man. I never knew him to be sick but once until his death. We had frequent conversation about his slaves. He said Jack had made him a fortune. I never heard him say that he intended to set his negroes free. He was very much attached to the negroes and said he had never whipped any of them. In the year 1840 his blacks and I worked in adjoining fields, with but a lane between us. The old man generally came out once and sometimes twice a week to see how things come on. He was in the habit of passing through the lane and going up to Bob Hale's. He did all his own trading, and seemed to be super in tending the work and directing what should be done. I do not remember that he ever failed to know me in his life I was raised closed to R G Hale and have known him since I was a boy. I would believe him on oath I am acquainted with the general character of Mrs Hale and would believe her on oath. I would not be afraid for either of them to swear against me. Since this suit was commenced there has been a great deal moree rough language used about the Hales than there was before. But I do not believe the report s of a forge Will. Old Ford and Bob Hale were very intimate and he frequently went to see Bob. I considered old man Ford in 1840 to be as capable of making a trade as ever he was. He generally rode about and did his own trading. He seemed to be superior in tending the work of his slaved and to take an interest in the way it was going on. On cross examination, Witness stated: The old man was able to go about until a month or two before hs death. He has told me about his trade for hogs in the neighborhood. Jack and Lark are smart fellows and are good judges of property. Bob Hale and me have been unfriendly I would dislike to s ware against any man on here rumor. I did not whether it was doubtful whether I would believe Hale or not. ( I told John Jackson that R G Hale had told me that he had burnt the will). This was objected to by Plaintiff Counsel because Hale was not asked as to the conversation. The objection being overruled by the Court a bill of exception was tended. Thomas Chase Chase being introduced and sworn stated:(p117) I was at he burial of James Arterburn's wife. John Billingsley asked Mr. Ford what he was going to do with his negroes .Ford said he was going to set them free, Billingsly told him he could not do it. Ford told him he could and he would. I heard Alexander Ford, John Jackson and Col James P Hulsea in conversation. Hulsea said to Jackson and Ford. "You stick it to me and I will stick it to you". They had been talking about the suit and the suit as to Jones negroes who are suing for their freedom in which Col Hulsea was a agent for the defendants. This conversation was... full year ago as we were coming here to Court. On Cross Ex Witness said. The conversation at the burial was 4 or 5 years ago. The conversation between Hulsea and Ford was 12 months ago. I do not recollect that in the conversation they said anything about R G Hale. About it I cannot tell was Hulsea intention They were talking about that the two suits the law and freeing the negroes. I rode about a mile in company with them, Nothing was said in the conversation what I remember about R G Hale. Re Ex. I ama acquainted with the general character of R G Hale and would believe him on oath. John Goforth Being introduced and sworn stated; I knew old Ford for 18 or 20 years before his death. I lived within a half mile of him for the last four or five years before his death. He lived within one mile.He came to my house once to get blede he talked of his slaves and said at his death they should be free as he or i was and should have the place and that no one should ever cut their hides after his death. He said that they had always treated him well and supported him plentifully. That he had never whipped one of them except he had hit one of the little girls with his hat. This talk waas in the spring of 1841. We had a good deal of conversation, and he seemed rational and sensible. He seemed very much attached to his Negroes and cried when he talked about them. Up to that time, I never observed anything dictating a failing mind. After that time, i saw him once or twice, when he seemed to be in --- and out of his --- and did not know me He said he did not know anyone of late, and that his memory had failed him a good deal. This was the fall of 1841. I would have made any sort of trade with him and considered him capable of trading or disposing of his property. On Cross Examination witness said; I would have been willing to have intrusted any sort of business to him. If I had any difficulity to settle by arbitration, I would have as soon as chosen him as an arbritrator as any other man, I can't say I discounted him to be in his--- more than other people. I went in to old Fords for the purpose of bleeding him when I went he did not know me. I told him who I was and what I had come for. He then reconllected and told the Negro to get a basin, He said that was the first he had been bled in three years. I told him that he was mistaken, that i had bled him the Spring before. He then recollected and remarked that he was getting forgetful. This was the fall of 1841 . I know R G hale and I would not give him as much credit as other men. So Far as I know hale I would believe him on oath. I am acquainted with his wife Sarah and from my knowledge of her, i would believe her on oath. Thomas Ford and I are brother in laws. Richard Deakins Being introduced and sworn stated; I heard Ford, a year or two before his death, talking to Mr Gillispie. Gillispie wanted to buy Jack. The old man said he would not sell him and that he intended to give his Slaves and that they should never serve any person else after his death. This was after Gillispie had returned from Nashville. The second time Ford told Gillispie that if he should live as old as himself he never would have enough money to buy Jack. Ford had come to town on a tading expedition and had brought a wagon with him. This was a year or two before his death. Cross Examination. In that conversation he said nothing about a will. Benjamin Carey Being introduced and sworn states; I heard old Loyd Ford say 6 or 7 years this November at Mr Kitgmillers, that his Negroes should never serve any person after his death. We were killing hogs for Kitgmiller. Two of Ford's boys were helping. Ford came there and after passing the usual compliments, I told him he had two likely smart boys scalling hogs. He laughed and said "yes, my child, I have" and then remarked that they should never serve any person after his death, I said to him "Grandfather, They have a very good master" He replied "Yes and they shall never have another" I lived about three miles of him for eight or ten years before his death, I did not see him often for the last year before his death. Before that saw him frequently. He was like all old men of his age... His memory seemed to have failed him some. I saw him frequently in the year 1840 and I thought his memory and judgement as good as usual. I discovered nothing irrational and had I wanted to purchase all his Negroes in 1840. I should not had hesitated a moment on account of his of mind .He was remarkably stout anf vigrous man of his age. I am acquainted with the general character of R G Hale and his wife and would believe them on oath. I have known old Ford for 33 or 34 years. Our acquaintance commenced in 1811. I have known R G hale since his boyhood. He now lives within five miles of me.On Cross Examination witness stated; I would suppose a man who was so forgetful as not to know his own children was capable of trading off 10 or 13 Negroes and disposing of them in a suitable manner. Old Man Ford's mind failed about proportional to his body strength. George W Denkins In the last of January or ablut the first 1st. Of February 1841. I was at Grant Fords. We had a gaathering there for electroneering purposes. I was a candicate for constable. I spoke to the old man Ford and he asked me to go home with him and stay all might. I refused. He asked me then to come see him before the election, I promised to do so. He ansered he would treat me well and make his Negroes feed my horse well. He said they were good and kind and did everything he told them/ That he had three of the likliest Negro men in Washington County and some likley black woman and children.He said though they were black yet they were as handsome as most white children and when they were doe serving him they should serve no more else, That he had never whipped or abused them himself and never intented after he was gone anyone else should.. He said that if i would strip them and find a mark on one of their backs, he would give them all to them. I was acquainted with him 10 or v12 years. He generally talked reasonable. Think he was very capable of making a good trade. I never saw him exceptionally under the influence of liquor, that I did not before the year of 1841 consider him of sound mind. I consider him of as a strong mind up to 1842 as usual, The old mans sons were kind to him. He was an exceedingly stout healthy old man until within two years before his death. On Cross Examination witness said; He seemed to be childish in bragging about his Negroes and mney. I cannot say that his behavor was silly. I have heard him boast of his property for years, I saw the old man drinking the day of the gathering, From all that I have heard I think I would believe R G Halee on oath. From my personal knowledge I would believe him, ( Court adjournment and in the morning was recalled) In the conversation with Ford he said he was not going to turn the Negroes out of doors. But that he would leave his place to them, as Joseph and henry hale had done for their Negroes, He said that he intended to fix it. Or that he had fixed it. I do not know which. ON Cross; Old man Ford frequently asked me my name. He asked it on the day of the gathering. On that day he also asked me several times who I was running against. I don't think e had been drinking that day at the time he spoke about his Negroes Micajah B Hale's deposition was here read by Plaintiffs Counsel and is hereto affixed marked Exhibit U and made apart of their bill of exceptions. Plaintiff's counsel , when he read said deposition, stated that his object in doing so was to discredit Hale. Mieajah B Hale, in his examination, proved that the deposition was his and was taken be Squire Duncan. J A Wells being introduced and sworn states; I was acquainted with old Loyd Ford . I knew him from my boyhood and lived within five miles of him. I sold him goods from the year 1838 to the fall of 1842. He was at my store frequently during that time. I considered him a close dealer. He dealt generaly with caushion and was a very good judge of the articles, he purchased. I never had any hesitation about trading with him. The oly signs of forgeeetfulness that ver i sae was his seeming not to know me from my brother when he would vome into the store, He always talked rationally. I considered him in the yer 1840 capable of making any sort of contract. I would have bought every Negro he had at that time and had no fear in the ... Of ... mind. He frequently boasted of the maneer in which he had treated and raised his slaves and said he had never corrected them. I heard him say that he did not intend that tould be bought in bondage to any other person. He spoke of having lost some money Someone told him he ought to sell his negroes. He said he would do no such thing, he did not dharge them with taking the money, The conversation was in 1840. I frequently heard him ... of his slaves after that. Cross Examination Benjamin Shipley Sone seven or eight yers ago I went to Chinwoth. I was passing by old Mr Ford. He asked me if my name was Shipley. I told him it was. He then told me about my people with whom he had imigrated to Tennessee, He requested me tto bring him a dram. He told me hethe property he had accumulated since he came here. He said he had ten Negroes and that he had never drawn blood from one of them and that they should be as free an any person, Two or three years afterwards say in 1840 I undertook some work a t Grant Forda. It was about corn planting time, The old man would not know me, When he would see me and ask who I was. He would inquire my name more than once in the same day. But I considered him rational as he conversed rationally, sensibly when we were engaged in cnversation, He said he was ninety three years old, His memory seemed to have failed him and seemed to be a little chidish, he had sense enough tomake a trade. I did a job of work for him. I made his wife's coffin who as well as i recollect died in the falll of 1840. Two or three Mmonths I called on him for a settlement. He asked me how much I charged him I told him three dollars. He said that i had borrowed 60 lbs of salt and asked if thattt go in the price of the coffin. I told him that it might. He then made the calculation and told me what the balance was and paid me. I got the salt about honest. I was satisfied he made the calculation correctly. I never had any conversation about his will. I never had any conversation at Chinnoths. He said Jack had brought him a great deal of money. He said he had hired hm to Gen Wm B Carter and other gentlemen to wait on them. I am acquainted with the general Character of Robert G Hale. I would believe him on oath. I have known Robert G. Hale twenty years. On Cross Examinatiom; The old man would forget my name asnd ask who I was . He and his sons were friendly. He always conversed rationally and reasonably. He spoke frequently of knowing my grandfather in Maryland and could tell all about the war. I heard him talking to the man that preached his wife's funeral. He said his wife had died like a christian and went oof as gently as a lamb. She died awhile before day; I was sent for earl in the morning and when I went there the old man seem much grieved and disrupted. He was walking the room to and foo when we went with the coffin in the morning, he came up and laid his head on the coffin and gave rent to his feeling in a flood of tears. From the time I went until the time I left he exhibited as much grief as any man I ever saw. I never heard him speak of his will I don't rememmberof him praising any of his Slaves particularly but Jack. (Plaintiffs Counsel now proposes to bring in Witnesses whose names had not been placed upon the list, for the purpose of substaining the general character of R G Hale who had been assailed by defendants Counsel which was permitted to be done by the Court. Defendants Counsel then proposed to bring in other witnesses for the purpose of futher assailing the character of R G Hale but the court was of the opionon that they were not entitled to do so, As examination in chief had been closed on this side before rebutting evidence was offered by the plaintiffs to which opinion of the Court they excepted and tendered their bill of exception) The plaintiffs by their Counsel in the progress of the cause offered to ntroduce, John A Welds, John Blam, Jesse Hale and other witnesses who had been summoned during the present term, but whose names were not on the first list furnished the defendants counsel , by which witnesses as they offered to prove the repeated declarations of the testator as to the emancipation of his Slaves, his sanity and other facts. But defendants by their Counsel objected on the ground that said witnesses were not on the list and not under the rule and the court sustained the objection, to which opinion of the Court in offering to allow said evidence, plaintiffs excepted. Elizabeth Bowzer Being sworn and introduced stated; I am acquainted with the general character of R G Hale and wife and Elizabeth Jane hale, and would believe them on oath. I have known hale and wife 20 years and live in two miles of them. I have known Mrs Hale longer and better than Hale. Cross Examination I would not be willing to discredit any one witness upon here say only. Robert G Hale is the agent of my husband, about some of his business. Pasty Bowzer Being sworn and introduced stated; I am acquainted with the general character of R G Hale and wife and Elizabeth Jane hale, and would believe them on oath. I have known hale and wife 20 years and live in two miles of them. I have known them all from infancy and lived in two miles of them. Cross Examination; I have not heard more talk of the Hales than of the other neighbors. I must know something against folks before I will sware I will not believe them on oath. John Bowzwe Being sworn and introduced stated; I am acquainted with the general character of R G Hale and wife and Elizabeth Jane hale, and would believe them on oath. I have known hale and wife 20 years and live in two miles of them. I have known Mrs Hale longer and better than Hale. I have known them for many years and reside within two miles of them. Cross Examination; I once charged R G Hale of stealing some corn meal from me but I was mistaken as he never stole me in his life. I have since made him my agent to attend to a lawsuit in court for me, as i am hard of hearing and do not understand the management of lawsuits, I would not be willing to discredit any person from mere heresay unless I got it from persons on whose statements I could confide. Harrison Bowzer Being sworn and introduced stated; I am acquainted with the general character of R G Hale and wife and Elizabeth Jane hale, and would believe them on oath. Cross Examination I would have no right to dispute their character even on the reports I have heard of them. Though I might discredit a witness from rummor if I believed the rumor well founded. Zachariah Jones I have lived within two miles of R G Hale ever since I can recollect and am acquainted with the general character of R G Hale , wife and daughter. I would believe them on oath. Cross Examination; I would not discredit anyone on mere rumor. Young Douglas Being introduced and sworn stated; I have been acquainted with Robert G Hale for years. I was raised in 1 or 2 miles of him. As for my own knowledge, I would have no right to dispute hs oath, Taking all that i know and all that i have heard I would believe him on oath, If reports are true I would believe him on oath but I do not know that they are true. I would believe Mrs hale and her daughter Elizabeth Hale on oath. Cross Examination If the reports against R G Hale are true, i might doubt his credit on oath. John Jones Being introduced and sworn stated;From my knowledge of R G hale charter before this suit was brough I would believe him on oath, He is a amber of the Meethodist Church. I would believe Mrs Hale and daughter Elizabeth Jane on oath from my knowledge of them and if their general character I have known R G Hale from boyhood and lived in about one mile of him. Cross Examination Taking all the reports I heard before and since the commencement of this suit I would believe Hale on oath. Nelson Murray Being introduced and sworn; I have known R B Hale for four or five years and lived in two miles of him I am acquainted with the general character of R G Hale, his wife and daughter Elizabeth jane and would believe them on oath. Cross Examination; I only speak from my own personal knowledge and would not discredit witness from mere rumor. Rowland P Murray Being introduced and sworn; I have known R B Hale for 20 years and lived within two miles of him,I am acquainted with the general character of R G Hale, his wife and daughter Elizabeth Jane and would believe them on oath. I have heard all of the testimony in this case I was summoned esterday morning Taking all that I know and all that I have heard both in Court and out of Court I would believe R G hale on oath, I am the Constable who had charge of the witness during the progression of tis trail Cross Examination; I may have say that if some things I heard were truem I woulld doubt R G hale but after diliberation, taking into consideration of all i know and all that I have heard, I would believe him when upon oath. In the progress of R G hale examination, and also in the progress of examination of several other witnesses, the plaintiffs by theeir counsel offered to prove that during the pending of this suitm several of the defendants had sold their interest in the persons of color who sue in this case by their next friend( Defendants by their counsel admitted that one slave had been sold to James Vance but objected to the evidence as to a sale of any other , which objection was substained by the Court and to this opinion of the Court the plaintiffs by their Counsell excepted, The plaintiffs also offered to prove by various witnesses examined in the case to wit; by R G hale and others that the persons of color who sue by their next friend in this case sustain and have always sustained a final rate of character for honesty, and inegarity, which evidence was objected to by defendants and the objection sustained by the court. To which opinion of the Court in replying said testimony the plaintiffs by their counsel excepted in law. The evidence of the subscribing witness to the will as taken down in the County Court and sent up with the records in this case was not offered or read to the jury by either side. No other evidence was offered or given on either side and the case was submitted to the Jury under the following charge from the Court. ssssssssss to 1844 February Term 1844 continued by the adjuring order of the Court. June Term 1844, Present the Honorable Seth J W Cerca, Judge Monday 21th. A paper purposing to be the last will and testament of Loyd Ford, deceased having ben certified to this Court from the Co Court of said Co of Washington when the probate of the same was contested pursuant to the Act of Assembly in such cases made and provided which said paper purposing to be the last will and testament of said Loyd Ford deceased is in the words and figures following. (Statement of Loyd Ford's Will). It is therefore ordered that an Issue be made up to try and determine whether the paper of 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 that the Court to amend the issue on the case by adding the words "and was said instrument legally and properly executed. And the Court was of the opinion that the proper issue has been made and refused said amending to which opnion of the Court the Defendants except and the cause by consent is continued till next Court October Term 1844 Monday 28. The parties by their Attorney appear and by agreement this case is continued over until Thursday morning Court and of affidavit of Grant Ford one of the defendants moved to take the Deposition of Richard Hale? On this cause on giving Phoebe Stuart one day notice of the time and place of taking the same and that any Justice of the Peace of Washington Co be allowed to take deposition. Same Term Thursday 31st. June Term 1844, Present the Honorable Seth J W Serchey, Judge Monday 21th. A paper purposing to be the last will and testament of Loyd Ford, deceased having ben certified to this court from the Co Court of said Co of Washington when the probate of the same was contested pursuant to the Act of Assembly in such cases made and provided which said paper purposing to be the last will and testament of said Loyd Ford deceased is in the words and figures following. Lloyd Ford's Will (1840) 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 paper of 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 that the Court to amend the issue on the case by adding the words "and was said instrument legally and properly executed". But the Court was of the opinion that the proper issue has been made and refused said amending to which opnion of the Court the Defendants except and the cause by consent is continued till next Court Same term Wed 26 June The defendants by their attorney tendered a bill of exception in this case which is by the court signed and sealed and indorsed to be made part of the records. October Term 1844 Monday 28. The parties by their Attorney appear and by agreement this case is continued over until Thursday morning Court and of affidavit of Grant Ford one of the defendants, to take the Deposition of Richard HALE? OF THIS Co. on giving Phoebe Stuart one day notice of the time and place of taking the same and that any Justice of the Peace of Washington Co be allowed to take deposition. Same Term Thursday 31st. Charge No.1 to the Jury The Court in this case charged the Jury as follows: Among other things not excepted to What every person of sound mind and memory has a legal right to dispose of his property pas he pleases, he may give it to his children, or he may devise it to strangers altogether. He has the absolute legal right so do with his property as his own will and pleasure may dictate. Our act of Assembly secures to the wife, if living the right to ---- from the will, otherwise he is unlimited in his disposition. It is a presumption of law that every person is of sound mind and memory and when a will is to be invalidated or impeach ed by reason of the insanity of the Testator, it is incumbent upon those who impeach the will to show by satisfactory proof that the maker was not of sound mind at the date of the will. In this case if the Testator Lloyd Ford, was of sound mind and memory on the first of March 1840, the time which the will purposed to be executed, even if he should have become of unsound subsequently to that period it would not invalidate the will. It is the duty of the jury on this point to direct the enquiries as to the sanity of the Testator at the time of the execution of the instrument. The enquiries as to whether a person is of sound mind and memory is always one of more or less complexity and difficulty. In legal contemplation a person is of sound mind and memory if he appears capable of acquiring by conversation a competent share of understanding to enable him to govern himself, or his estate, or memory enough to retain a knowledge of what he may acquire. If he can manage his affairs with ordinary skill ability, make contracts, hr id in legal contemplation of deficient mind and. memory to make s will . If he has sufficient understanding to know the objects of his boundary, and his property and then relation to it, it will be evidence of sanity. A patrial failure of memory will not do quality or render incompetent a person but if memory is so far gone that he does not know his own name, or his own property,, he would be incompetent to execute a will. In examining the Testament of the witnesses as to the soundness or unsoundness of mind, in the Testator the Jury will look to the reasons of fact which they give for their opinion on both sides: for these are frequently of more value and importance than the mere opinion of the witness. The subscribing witness to a Will are by law placed around the Testator for the purpose of Testifying as to his mind and they may give their opinion of his soundness of mind without assigning their reasons for their opinion, , or it is of no value to make a Valid Will of lands . Two subscribing witnesses are necessary. A will for personal property will be good with only one subscribing witness . When the will is contested it is reasonable that all the subscribing witnesses should be produced. It is insisted by the counsel for the defendant in this case that even if the testator Lloyd Ford was of sound mind , that the paper produced is not his last Will and Testament but that it is a forgery, made after his death and is one of no validity. This brings you to the consideration of the -credibility of subscribing witnesses to the will. There are various ways of impeaching the credibility of a witness One is by assailant his general character When the general character of a witness is judged by other witnesses it is sustained by an equal or greater number of witness. It is then the duty of the Jury to weigh carefully their testament. Their numbers, their means of knowledge, their relations the parties , their prejudged and all the facts and circumstances connected. When a witness depones as to the general character, he should speak of his own knowledge and general report and give the reason of his opinion which there two sources of information made upon his mind, Character is the knowledge of personal observation and inter course and the information derived from others when speaking on this point, the Court said to the Jury, that he doubted whether a witness who had no personal knowledge of an individual whatever, did know him when he saw him and never had any intercourse with him whatever could from mere report without some such knowledge give him opinion at all to his credibility. A vainness to speak intelligently and accurately must take report int his consideration and it will not be to disregard it all together and say he will not disbelieve a man unless he personally knew something. Another means of deeming credibility of a witness is his deportment on examination . The man in which he gives his testimony, his want od passion, his manifestation of it the readiness in which he answers questions for the side in whose favor he is called or the reluctance with which he makes disclosure against the party calling him, All these should be looked at and weighed one way or another with the jury. If a witness swears falsely, deliberately and willfully even to an immaterial fact in a cause, the jury may discredit him from that circumstance. A corrupt witness may be believed if he corroborates from the evidence and firm facts and circumstances discloses the case from and source, On the other hand a witness of good character may be discredited for the like manor. Charge No 2 to the Jury Another made of discrediting a witness is by showing that he has made various and contradictory statements about the same transacting; for although it is a legal ---- that the statements of a witness on oath is more to be relied upon than various and contradictory accounts of the same transaction. These statements may be looked to by the jury for the purpose of discrediting the witness. It is to be remarked of the kind of evidence. That is to say of extra judicial and ---- observation. That it is the weakness and most unsatisfactory. Such words are often used without serious intentions and they are always likely to be mistaken and misunderstood. A hearer is apt to cloth the intentions of the speaker in his own language as he understands them, and by this transaction the real meaning is lost. A witness who is not indifferent between the parties may unconsciously give too high a coloring to the testimony or to what has been said. Such evidence should always be received with great caution, especially when the particular expression and detail in evidence The turn and manner of a person are frequently to arrive at what he means. A thing may be said by way of interrog..... which may be denied yet Its manner would be certain an .... its manner would be certain an .... of a fact. The Court made no ..... to the jury of what were casual observations, and what were deliberate consecrations ... to the jury the determination of the facts, and when asked by counsel to state to the jury whether the law would not be different of the conversation were confidential. The Court replied that they would judge of the character of the conversation. Another made of discrediting a witness when several speak to the same transactions is their discrepancies and or disagreements. If they disagree in the leading and .... facts of the transactions, it is a circumstance deeply affecting their credit. If they concur in the main and important circumstances, but differ in minor and immaterial incidents, it goes to their credit, Substantial truth is found under circumstantial varity. Whether the descriptions in the case are ... material or immaterial facts, the jury will decide. If after the execution of the Will of 1840 the Testator went to the persons who held it and told them to burn it and it was not done, although he might have supposed it to have been burned it is of no verification? although he might have been of sound mind. If he told them to burn it and he was of unsound mind and it was not done of course it is of no verification. The Court said nothing to the jury whether the will was in fact burnt and another written like it, after his death, it would be set upon in a court of law not understanding that question to be raised, or to be .... for at all by the counsel for the plaintiffs. The whole argument going for the will before the court being the .... of the Will executed on the first of March 1840. The Court further told the jury that to determine whether this was the last will and testament of Lloyd Ford, they might look to his declaration and purposes both before and after the will was supposed to be executed.. To the relations which the parties sustain to the Testators. The Court also told the Jury prec. might be proved by reputation and that it was competent to look to the declaration of Lloyd, and to the reputation in the neighborhood, whether the plaintiffs were connected with the Testator or not for the purpose as curtailing his motives and intentions in the execution of the Will. The Court also instructed the Jury that in the Testimony of James Arterburn and Jesse Jobe the witnesses who were cross examine by Counsel for the defendants as to a conversation which they had with Grant Ford, that Hale had said to them he had burnt the Will, that the conversation might be looked to for the purpose contradicting Arterburn and Jobe, but that it could not be looked for the purpose of contracting Hale in discrediting him. Hales conversation with the Witnesses to which he was interrogated might be looked to contradict him. The Counsel for the Plaintiffs first examined the 3 subscribing. witnesses to the Will and then rested their case. The Counsel for the defendants then introduces their evidence, examining nearly 30 witnesses by many of whom they .... the general character of hale and Wife. The witnesses at the commencement of the trail were placed under the rule and in the case of an officer and a list off each furnished to the ... counsel and officers When the plaintiffs commenced their rebutting evidence, they called several witnesses as to the general character of Hale and Wife and Daughter who had not been put under the rule, and were not under either list which the Court permitted to be Sworn as to the general character also. And after the rebutting evidence of the plaintiffs was closed the defendants then proposed to introduce more witnesses as to the general character of hale and Wife, which the Court refused, saying although by rule of the Court witnesses as to the general character need not be put under the rule, yet as the defendants went through and closed the evidence as they could not be allowed again to open their case and go into more testimony as to the general character of Hale and Wife. The Consol. for the plaintiff offered evidence as to the general character of the negroes which was refused by the Court. October Term 1845 The parties by their attorneys appear and come also a jury of good and lawful men to wit ( ) being elected tried and sworn will and truly inquire and say whether or not the original paper purporting to br the Last Will and Testament of Loyd Ford, deceased, a copy of which is entered in the minutes of this Court at June term 1844 is truly the last will and testament of Loyd Ford were released from rending their verdict until tomorrow morning. Same Term 1845 Tuesday 28th. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term 1845 Wednesday 29th. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term 1845 Thursday 30th. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term Same Day. The parties by their Attorneys appear and Thompson came here into Court. John Leat who acknowledge himself to owe and be indebted to John Ford, Ned, Lark Peggy Ford and her six children to Wit; Filda, Edy, Amanda, Rebecca, Elizabeth and an infant boy, Rhoda Ford and her three children , Nelson and Jane, persons of Color who sue by their next friend Phoebe Stuart in the partial sum of five hundred dollars to be void on condition that james Ford, Grant Ford, Benjamin Ford, Loyd Ford, Alexander Ford in the case shall prosecute with effect the appeal from the Co Clerk of Washington Co to this Court which appeal John Jackson was one of the original securities or in failure to prosecute said appeal with effect the said defendants shall pay all cost which have appeared or may appear in this suit and the said John Jackson security as aforesaid is discharged. Same Term Friday, 31st. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term Saturday, 1st Nov. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term Monday 3rd Nov.. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term Tuesday 4th Nov. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term Tuesday Wednesday 5th. Nov. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case , on their oath do say that a paper produced being the original will sent up from the Co Court and submitted to the Jury, on a former day of this Court purposing to be the last Will and Testament of Loyd Ford, deceased, is the true last will and Testament of Loyd Ford senior of the State of Tennessee, Washington Co., being of sound mind and in good health and memory Thanks be given to God, calling into mind the mortality of my and knowing that it is appointed for all men 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 into the hands of all mighty God that gave it, and my body i recommend into 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 powers of God to bless me with this life, I give and demise and dispose of the same in the following manner and form; I want all of my personal estate to be sold and the arriving therefore to be equally divided between my seven sons, namely James Grant, Alexander, William, Enoch, Thomas, and Benjamin. I want my land and my Negroes to be disposed of in the following manner; I want my son Loyd to have one acre of land to live upon during his natural life, and I want my negroes to have their freedom namely Pegg, her family, Rhoda 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 they should see fit to stay on said Plantation, but if they would see proper to leave the plantation I want tit to be equally divided between Thomas and Benjamin I want the line to run between them beginning on the Grant Ford's line below the spring running to James Arterburns line with the cross fence, I want the North end for Thomas, and the 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 ames, James /Ford and Grantis my Executors. In witness whereof i hereby sat my hand and seal this first day of March one thousand eight hundred and forty. Signed Loyd Ford, his mark Attest. Robert G Hale, Sarah Hale, her mark , Elizabeth Jane Hale, her mark. And thereupon the defendants by their Attorney came and move the Court to grant them a new trail of the issue in this Case but because the Court is not advised in the premises day is given. This cause was remanded from Supreme Court with the following Records . To Wit; with the Opinion of the Supreme Court in the Cause which is omitted to be copied in this Transcript. October Term 1846 Monday 26 The panties by their Attorneys appear and agree to continue their cause to next Term. Which is done accordingly. Same term Thursday 29th The partied by their Attorneys appear and for sufficient reasons to the Court discalced by the affidavits of Phoebe Stuart the next friend of the plaintiffs. and because it is made to appear to the Court that the amount of the costs which have been already exceeded in this Court more than double the amount of the penalty of the bond entered into by the contestants in the Co Court at the time of the Contesting of the Will in this case and at a much larger amount of the costs will necessarily .increase.. in the future litigation in this case and it being further made appear to the court that the security in said bonds are insufficient. It is therefore ordered by the Court that the penalty of this bond be increased to the sum of Twenty Five Hundred Dollars and that the contestants shall be required on or before the second day of the next term of this Court. To enter into bond in the penalty aforesaid and that said contestants shall also be required to justify their present security or give other sufficient securities on or before the second day of next term and on failure to do so they shall not further contest said Will . And the issue made up at instance shall be dismissed. It is further ordered by this Court that copies of this order be issued and served on the ?. to all which the ?.by their monies excepted. During the progress of this cause, the defendants tendered a Bill of Exceptions marked No 3 and was signed and sealed by the Court and ordered to be made part of the record, Previous to the granting of the appeal to the said Grant Ford, Same Term Wednesday 29th. Friday 31 same term Saturday , Nov 1, 1845 Monday, Tuesday same term. Wednesday , same term The partied by their Attorneys appear and the Jury therefore sworn, to wit: Joshus Bowers, Joseph Meloin, Joshus Boren, Banton Bayless, Samuel Manck, Richard B. Martin, William Elmin, John Andes, Bino Bayless. Van S Miller, John Syle and Thomas J Cox having returned into open Court and resumes the consideration of this cause on their oath do say that a paper produced before this Court, being the original Will sent up from Co Court and submitted to the jury on a former dy of this court purposing 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 words and figures following to wit: And there upon the defendants by their Attorney comes and moves the court to grant them a new trial of the issue in this case, but because the Court is not advised on the premisses day is given. Same Term Thursday 6th Nov 1845 The parties by their attorneys appear and the motion heretofore made by the defendants for a new trail 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 considered? By the Court that the will sent up to this Court from the Co Court and which was set out in the issue submitted to the Jury. In this Court and also sat out in the findings of said Jury on record of this Court is the last will and testament of Loyd Ford deceased and that the same is valid as such and that the Verdi of the said Jury and the judgement of the Court upon the validity od said will shall be certified by the Clerk of this Court and the said original will so established to sent back to the Co Court to be recorded and to letters testamentary or letters of administration granted and all other 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 Phoebe Stuart recover of the defendants the cost in the cause for all which --- execution issue. During the progress of this case two exceptions were tendered on behalf of the plaintiffs and one bill of exception on the part of the defendants which said bills of exceptions were signed and sealed by the Court and ordered to be made part of the record which is done accordingly. From the judgement of this Court in this Cases, the defendants pray an appeal in the nature of a writ of Errors to the next Term of the Supreme Court of Errors and appeals to be held at Knoxville on the Second Monday of the Sep. 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 State of Tennessee Washington Co p157 Know all men by these presents that Grant Ford and James H Vance are held and firmly bound unto John Ford, Ned Ford, Lark Ford, Peggy Ford and her six children, to wit John, Edy, Amanda, Rebecca, Eliza and an infant boy. Rhoda Ford and her three children Nelson, Jane --- who sue by their next friend Phoebe Stuart in the sum of one thousand dollard to be voided on condition that James Ford, Grant Ford, Enoch Ford, Thomas Ford, Loyd and Benjamin Ford, Alexander Ford and William Ford will prosecute with effect, an appeal this day by them obtained, prayed and obtained to the Supreme Court of Errors and Appeals to be held at the Court house in Knoxville on the second Monday of Sep. Next from a judgement ordered in the Circuit Court of said Washington Co on the 6th day of November 1845 in favor of the said John Ford Ned Ford Lark Ford Peggy Ford and her six children, Rhoda Ford and her three children, persons of color who sued by their next friend Phoebe Stuart against the said James Ford Grant Ford Enoch Ford, Thomas Ford Loyd Ford and Benjamin Ford for the cost of suit. Now if James Ford and other the said appellants shall prosecute the said appeal with effect, or in failure to prosecute the same with effect will pay all cost and damages which may be awarded against the said James Ford, Grant Ford, Loyd Ford, Alexander Ford, William Ford, Enoch Ford, Thomas Ford, and Benjamin Ford by said Court or any other Court having cognizance thereof. For wrongfully taking said Appeal And that the said Fords the appellant as well as the said James H Vance will and truly perform, pay and satisfy this judgement of said Supreme Court in case there is judgement recorded in said Court against the James Ford and others the appellants, then the above obligations to be null and void, otherwise to remain in full force. Witness our hands and seals this 6th day of November 1845. Taken and acknowledged in open Court the 6th day of November 1845. Signed: James Ford, James H Vance. The defendants moved the Court for a new trail, on a agreement, was refused, and to the opinion of the court in refusing to grant a new trail, the defendants by there counsel except in law and tenders this their bill of exception which they pray may be signed and sealed by the Court and made part of the record which is done accordingly. Signed by Judge. refuse by the Court and objection later at a time a new trail was asked for and refused.. To which the opinion of the Court in refusing a new trail and its charge to the defendants Excepted and Tender this exception, which, Signed, Sealed, ordered to be made a part of the Record, which is done accordingly. June Term 1844, Present the Honorable Seth J W Serchey, Judge Monday 21 th. A paper purposing to be the last Will and Testament of Loyd Ford, deceased having ben certified to this court from the Co Court of said Co of Washington when the probate of the same was contested pursuant to the Act of Assembly in such cases made and provided which said paper purposing to be the last will and testament of said Loyd Ford deceased is in the words and figures following. Lloyd Ford's Will (1840) 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 paper of 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 that the Court to amend the issue on the case by adding the words "and was said instrument legally and properly executed". But the Court was of the opinion that the proper issue has been made and refused said amending to which opnion of the Court the Defendants except and the cause by consent is continued till next Court Samuel Green: Clerk Bill of Cost Certification of a true copy. Receipt of Samuel Green Clerk of Co Court and file in the Circuit Clerks Office B1 December 1843 John Redland Clerk February Term 1844 continued by the adjuring order of the Court. June Term 1844, Present the Honorable Seth J W Cerca, Judge Monday 21th. A paper purposing to be the last will and testament of Loyd Ford, deceased having ben certified to this court from the Co Court of said Co of Washington when the probate of the same was contested pursuant to the Act of Assembly in such cases made and provided which said paper purposing to be the last will and testament of said Loyd Ford deceased is in the words and figures following. (Statement of Loyd Ford's Will). It is therefore ordered that an Issue be made up to try and determine whether the paper of 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 that the Court to amend the issue on the case by adding the words "and was said instrument legally and properly executed."ut the Court was of the opinion that the proper issue has been made and refused said amending to which opnion of the Court the Defendants except and the cause by consent is continued till next Court October Term 1844 Monday 28. The parties by their Attorney appear and by agreement this case is continued over until Thursday morning Court and of affidavit of Grant Ford one of the defendants-------- to take the Deposition of Richard HALE? OF THIS Co --- on giving Phoebe Stuart one day notice of the time and place of taking the same and that any Justice of the Peace of Washington Co be allowed to take deposition. Same Term Thursday 31st. Same term Wed 26 June The defendants by their attorney tendered a bill of exception in this case which is by the court signed and sealed and indorsed to be made part of the records. October Term 1844 Monday 28. The parties by their Attorney appear and by agreement this case is continued over until Thursday morning Court and of affidavit of Grant Ford one of the defendants, to take the Deposition of Richard HALE? OF THIS Co. on giving Phoebe Stuart one day notice of the time and place of taking the same and that any Justice of the Peace of Washington Co be allowed to take deposition. Same Term Thursday 31st. 1845 February Term 1845; Continued by the Abjuring order of the Court. June Term 1845, Monday 23; This case by consent set for trial on Monday, next term. Same term Monday 30, 1845 October Term Monday 27, 1845 Present the Honorable Seth A H ----- presiding. Contested Will. The parties by their counsel appeared and come also a Jury of good and lawful men. To Wit: Tuesday 28, 1845 same term Wednesday 29, same term Thursday 30 same term Parties by their attorneys appear and the Jury October Term 1845 The parties by their attorneys appear and come also a jury of good and lawful men to wit ( ) being elected tried and sworn will and truly inquire and say whether or not the original paper purporting to br the Last Will and Testament of Loyd Ford, deceased, a copy of which is entered in the minutes of this Court at June term 1844 is truly the last will and testament of Loyd Ford were released from rending their verdict until tomorrow morning. Same Term 1845 Tuesday 28th. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term 1845 Wednesday 29th. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term 1845 Thursday 30th. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term Same Day. The parties by their Attorneys appear and Thompson came here into Court. John Leat who acknowledge himself to owe and be indebted to John Ford, Ned, Lark Peggy Ford and her six children to Wit; Filda, Edy, Amanda, Rebecca, Elizabeth and an infant boy, Rhoda Ford and her three children , Nelson and Jane, persons of Color who sue by their next friend Phoebe Stuart in the partial sum of five hundred dollars to be void on condition that james Ford, Grant Ford, Benjamin Ford, Loyd Ford, Alexander Ford in the case shall prosecute with effect the appeal from the Co Clerk of Washington Co to this Court which appeal John Jackson was one of the original securities or in failure to prosecute said appeal with effect the said defendants shall pay all cost which have appeared or may appear in this suit and the said John Jackson security as aforesaid is discharged. Same Term Friday, 31st. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term Saturday, 1st Nov. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term Monday 3rd Nov.. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term Tuesday 4th Nov. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term Tuesday Wednesday 5th. Nov. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case , on their oath do say that a paper produced being the original will sent up from the Co Court and submitted to the Jury, on a former day of this Court purposing to be the last Will and Testament of Loyd Ford, deceased, is the true last will and Testament of Loyd Ford senior of the State of Tennessee, Washington Co., being of sound mind and in good health and memory Thanks be given to God, calling into mind the mortality of my and knowing that it is appointed for all men 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 into the hands of all mighty God that gave it, and my body i recommend into 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 powers of God to bless me with this life, I give and demise and dispose of the same in the following manner and form; I want all of my personal estate to be sold and the arriving therefore to be equally divided between my seven sons, namely James Grantis, Alexander, William, Enoch, Thomas, and Benjamin. I want my land and my Negroes to be disposed of in the following manner; I want my son Loyd to have one acre of land to live upon during his natural life, and I want my negroes to have their freedom namely Pegg, her family, Rhoda 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 they should see fit to stay on said Plantation, but if they would see proper to leave the plantation I want tit to be equally divided between Thomas and Benjamin I want the line to run between them beginning on the Grantis Ford's line below the spring running to James Arterburns line with the cross fence, I want the North end for Thomas, and the 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 ames, James /Ford and Grantis my Executors. In witness whereof i hereby sat my hand and seal this first day of March one thousand eight hundred and forty. Signed Loyd Ford, his mark Attest. Robert G Hale, Sarah Hale, her mark , Elizabeth Jane Hale, her mark. And thereupon the defendants by their Attorney came and move the Court to grant them a new trail of the issue in this Case but because the Court is not advised in the premises day is given. This cause was remanded from Supreme Court with the following Records . To Wit; with the Opinion of the Supreme Court in the Cause which is omitted to be copied in this Transcript. 1846 October Term 1846 Monday 26 The parties by their Attorneys appear and agree to continue their cause to next Term. Which is done accordingly. Same term Thursday 29th The parties by their Attorneys appear and for sufficient reasons to the Court disclosed by the affidavits of Phoebe Stuart the next friend of the plaintiffs and because it is made to appear to the Court that the amount of the costs which have been already exceeded in this Court more than double the amount of the penalty of the bond entered into by the contestants in the Co Court at the time of the Contesting of the Will in this case and at a much larger amount of the costs will necessarily ... in the future litigation in this case and it being further made appear to the court that the security in said bonds are insufficient. It is therefore ordered by the court that the penalty of this bond be increased to the sum of Twenty Five Hundred Dollars and that the contestants shall be required on or before the second day of the next term of this Court. To enter into bond in the penalty aforesaid and that said contestants shall also be required to justify their present security or give other sufficient securities on or before the second day of next term and on failure to do so they shall not further contest said Will . And the issue made up at instance shall be dismissed. It is further ordered by this Court that copies of this order be issued and served on the ... to all which the ....by their monies excepted. 1847 Sep. Term 1847 Be it remembered that on the 18 day of Sep. In the year 1847 A Transcript of record from the records of the Circuit Court of the Co of Washington in the State of Tennessee in the Case of John Ford and other persons of Color by their next friend Phoebe Stuart, plf. And Grant Ford, James Ford and other Delfts, was filed in the office of the Circuit Court of the Co of Johnson in the State of Tennessee aforesaid in words and figures to wit. State of Tennessee ;Washington Co . Tn. First Judicial Court Circuit court John Ford and others } persons of color by their } next friend Phoebe Stuart. } Contested Will Vs. } James Ford and Others. } State of Tennessee Washington Co At a Co Court beginning and held at the Court house in the town of Jonesboro on the first Monday in December 1843 being the 4th day of said month. Members present to wit; etc. The Court having adjourned from day to day. The last Will and Testament of Loyd Ford being under consideration until Saturday of said term, where the following record was made Henry C Stephenson, , Samuel Green, John Jackson, members of said Court being present. John Ford and other persons of color claiming their freedom under the last Will and Testament of Loyd Ford deceased by Phoebe Stuart their next friend make oath that they have been informed and believe the said Loyd Ford, made and executed his last Will and Testament in March 1940 by which he directed the Emancipation of his slaves; that she has reason to believe great effort has been employed by some of the heirs at law of said Ford to suppress or destroy said will; that she has reason to believe that said Will is in the possession of Robert G Hale or his wife, who are now in Jonesboro. She therefore preys that a Subpoena may be obtained for said Hale and Wife commanding them to produce said Will in open Court for probate and give evidence in regard to the same. February Term Tuesday 23, 1847 The defendants produced and filed their affidavits and moved on affidavits that the rule entered on them for security to be given on this day be discharged which motion and rule for security on condition and time is enlarged till the motions of the defendants is disposed of. Same Term 1847 The Defendants in this case produced and filed the same, and moved and said the affidavit that the plaintiffs give security for costs in this case which motion is continued by the Court. Same Term Saturday 27th. The rule therefore entered on the defendants for security coming on for comment the same is discharged and the Court on the affidavit of the said Defendants filed on a former day of this term is of opinion that the Defendants are legally in-titled to defend in this case in forma pau pais to which the plaintiffs by their attorney excepted and tenders this bill od /exception which is by the /Court signed and sealed and ordered to be made part of the record. Same Term 1847 Saturday 3rd. In this case the defendants moved the Court that the Venue be changed from the Co of Washington to some other Co free from exception and on the affidavits of Grant Ford, Benjamin Ford and Thomas Ford hereto ... and supported by the affidavit of George Taylor, Thomas Hale, and jacob Bates, and for the reason, therein ... it is ordered by the Court that the Venue in this Case be changed to the Co of Johnson in the first Judicial Circuit in the State of Tennessee to be there tried and determined. Said Co of Johnson being the only Co in said circuit free from exception, as shown by the affidavits of the parties in this case and also the nearest Co to said Co of Washington free from exception and by the agreement of the respective parties Plaintiffs and Delfs. By their Counsel. It is ordered that all the original papers, disposition and documents in this case on file in this Court shall be transmitted by the Clerk of this Court to the the Circuit Clerk of said Co of Johnson . And by like agreement, a full and perfect transcript of the records of this Case shall also be transmitted to the Circuit Clerk of Johnson Co to be filed in the office of said Court and because a trail cannot be had at the July Term of said Circuit Court of Johnson Co as agreed. by the parties , or can the transcript of the record and papers in the case be filed before the said July term of Said Court. It is further agreed by the parties that the said Transcript and papers shall be filed in said Circuit Court of Johnson Co before the November Term thereof and that this Case shall not stand for trail before said November Term thereof. And all bills and exceptions to the regularity of this preceding and hereby mutually agreed by their Counsel. And it is further ordered by the Court with consent and agreement of the parties that as soon as the Transcript and papers in this case shall have been filed in the office of said Circuit Clerk. in the Court of Johnson Co, the parties respectively shall be at liberty to take deposition of all witnesses residing outside the Co of Washington. Transaction of Costs In the Circuit Court of Washington Co before the trail in Supreme Court. ($1520.00 ) November 1847 Circuit Court, Johnson Co Monday 8th Nov 1847 John Ford and others by their best friend Phoebe Stuart vs. Grant Ford and Others. Contested Will Change of Venue from Washington Co by consent of parties and order by the Court. That the parties be allowed to take depositions on giving the usual notice to Phoebe Stuart on the one side and to Grant Ford others of the defendants on the other. March Term 1848 March Tern 1848, Monday March 13, This Cause is continued until the next term of this court as on affidavit of the defendants and it is agreed by the parties to take deposition by giving the adverse parties five days notice if ti be taken in Washington Co and ten days if taken in any other Co and that a notice properly served from Grant Ford or others of the defendants shall be a sufficient notice to all of the defendants. Tuesday March 14, 1848 On application of the plaintiffs. by their attorney, it is ordered by the Court that plaintiffs. Have leave to personally or by 'Attorney to withdraw the original will sent up with the records from Washington Co for any further probate that may be desired. The same being heretofore been withdrawn and appended to the deposition of Robert Hale, now on file. It is ordered that it may again be withdrawn by the plf or her counsel for any further proof in deposition to be taken in this case by leaving a copy thereof with the papers in the case. July Term 1848, Nov Term 1848, Continued by Consent. 1849 March Term 1849 1850 March Term 1850 Wednesday 13 March The Parties by their attorneys appear, also come a jury of good and lawful men, free holders of Johnson Co, to Wit; Nicholas Stout,,K Bradley, alfred T Wilson, John Loyd, Samuel B Cole, Joseph Adams, Thomas A Johnson,. ... .. who being elected tried and sworn will truly to try the issue between the plaintiff and defendants in this case and then upon the defendants by their Counsel tendered bills of exception No. 1 and 2 which were signed and sealed by the Court and ordered to be made part of the record of this Court and the Jury are refuted from rendering their verdict until tomorrow. Thursday 14 March 1850 The parties by their Attorneys appeared and the same Jury who were impaneled and sworn in this case on yesterday and respected from rendering their verdict until today. To Wit; ( ) and resuming the consideration of the case were again recited from rendering their verdict until tomorrow morning. Saturday 16th.1850, Same Monday 18 March same Tuesday Morning 19 March 1850 The parties by their Attorneys appeared and the same Jury who were impaneled and sworn in this case on yesterday and respected from rendering their verdict until today. To Wit; ( ) on their oath do say that the paper presented in this case, purporting to be the last will and testament of Loyd Ford, deceased, is his last will and testament and which is in the words and figures following to wit;( Loyd Ford's Will Written here) There upon the defendants by their Consol. moved the Court of a rule on the plaintiff to show cause why a new trial of the issue of this cause should not be granted which rule is allowed and continued over for argument before the Court. Wednesday 20th day of March 1850 John Ford and other persons of Color by their next friend Phoebe Stuart. Vs. Grant Ford, James Ford and others. The parties by their attorneys appeared and on consideration of the rule heretofore allowed to show cause why a new trial argued by the counsel and the Court being well advised in the subject. It is considered by the Court that said rule be overruled. It is therefore considered by the Court that the original will sent up to the circuit Court from the Co Court of Washington Co, and which was sat out in the finding of the Jury on the record of this Court on a former day of this term is the Last Will and Testament of Loyd Ford , deceased, and that the same is valued as such and the verdict of said Jurx and the judgement of the Court upon the validity of said will shall be certified by the Clerk of this Court and said original will so established and sent back to the Co Court of the Co of Washington to be recorded and to have lettered testamentary or letters of administration granted and all other things there done. necessary to have said Will carried into effect. It is further considered by the Court that the Plaintiffs by their next friend Phoebe Stuart recover of the defendants Benjamin Ford, Loyd Ford , Grant Ford, Alexander Ford, William Ford, Enoch Ford, Thomas Ford and James Ford together with John Jackson and James Jackson securities of the defendants in the Bond of five hundred dollars given in the Co Court of Washington Co on the 9th day of December 1943 for the persecution in the Circuit Court of said Co of Washington with condition that if the defendants should successfully contest the last Will and Testament of Loyd Ford, deceased or if they should fail, they will and truly pay all cost and damages which might accrue in said Circuit Court, in said contest about said Will, or the amount of five hundred dollars of the cost of this cause and that the plaintiffs by their next friend, Phoebe Stuart recover of the defendants alone the remainder of the costs of this cause on behalf of the plaintiffs. From which Judgment the defendant Grant Ford, along preys an appeal in the nature of a Writ of Error to the next Supreme Court to be held in Knoxville on the second Monday of Sep. Next. And he having taken the oath prescribed by law for poor persons, the same is allowed him. . The plaintiffs by their Counsel wit; the view of showing that he ought not be allowed to prosecute said appeal as a pauper, proposed in open Court to interrogate him as to whether or not he was a owner of lands and Slaves at the time when the defendant expressed his intention in the Co Court of Washington to contest the said Will and cause the same to be certified to the Circuit Court of said Co for the purpose of having the issue made effective in this Court, the plaintiffs offered to prove by the said Grant Ford, that the 31th day of August 1846, he had executed a deed of Conveyance to Alexander Ford for 42 acres of land which was registered in the Register office of Washington Co on the 12 day of Sep. 1846, and at the same time the said Grant Ford made a bill of sale of Slaves To Loyd Ford, which was in like manner registered and at the same time. Thomas Ford, one of the defendant had made a deed of Conveyance for 42 acres of land to William Ford and that on the 5th of Sep. 1846 the said Grant Ford and Enoch Ford, another one of the defendants, had jointly made a deed of conveyance to Loyd Ford for 78 acres of land in said Co of Washington which was registered in said Co on the 5th. of Sep. 1846 and that all of said conveyance were fraudulently made with a view to void any liability for costs in this case. But the said Grant Ford, by his Counsel objected to this examination and to the proof thus offered to be made and the Court decided that the Plaintiffs could not examine the said Grant Ford, and make said proofs by him to which opinion of the Court as well as to the opinion of the court in allowing the said Grant Ford along to prosecute his appeal to the supreme Court, as a pauper, without the pauper oath being taken by the other defendants. The Plaintiffs by their Counsel except in law, they having object to the appeal being granted to Grant Ford alone before the same was allowed by the Court. And thereupon the said Grant Ford by his Counsel ask the Court to allow him in the name of the other Defendants to pray an appeal to the Supreme Court which the Court refused, as they were not here in person to prey said appeal, or take pauper oath, or give bond and security for costs, and because the said Grant Ford did not produce a affidavit. and failed to produce to the Court any evidence whatsoever of his authority as agent of the Co Defendants on demand or prosecute said appeal in their behalf. John Ford and others by best friend Phoebe Stuart vs. Grant Ford and Others Grant Ford, one of the Defendants in the cause makes oath that owing to his poverty he is not able to bear the expense of the appeal which he is about to present to the Supreme Court at Knoxville that he is not able to give Security for said appeal, that he is justly entitled to a recovery in this Case to the best of his belief and that said cause is in the jurisdiction of the Court to which he has preyed said appeal' Sworn, subscribed March 20, 1850. Signed Grant his mark Ford Plaintiffs Bill of Exception at March Term 1849 Alleges that the Defendants were guilty of ?.The Court refused to allow the motion. Exhibit 3 In the above case now pending by change of Venue in Circuit Court of Johnson, we agree that the Cause shall be continued at noon term 1847 and that a general order shall be made authorizing either side to take depositions on giving the usual notice , to Phoebe Stuart on the one side or Grant Ford or either of the Defendants on the other side, 29 October 1847. Bill of Exception by Defendants at March Term 1850, No. 1 Be it remembered that on the trail of this cause by change of Venue, in Circuit Court of Johnson Co Tennessee, at the March Term 1850. Of said Court the Defendants by their Counsel after the Jury was sworn in open Court notified the Court and the Counsel to the plaintiff that R G Hale, Sarah Hale and Elizabeth Jane Hale subscribing Witnessed to the Will hereto , marked as exhibit A to R G Hales deposition in Court obedience to the satisfaction of the Court issue at the instance of the defendants and thereupon the plaintiffs tendered to Delfts Counsel and demanded from them a list od witnesses. Plaintiffs called Matthias Kerns who was sworn and defendants called among others Robert G Hale, Sarah Hale, and Elizabeth Hale with the special qualifications annexed to their names upon the list furnished by Defendants and a notification to the Court thereof to Wit Robert G Hale, Sarah Hale and Elizabeth J Hale, the three last named for the purpose of cross examination and to require their examination by plaintiffs in Court The Plaintiffs and Defendants witnesses including said Robert G hale, Sarah hale and Elizabeth Hale were then sworn and sent out, and the plaintiffs offered to read the depositions or Robert Hale, Sarah Hale and Elizabeth Hale, subscribing witnesses to the Will, to the reading of which deposition, the Defendants by their Counsel objected and the Court overruled said objection, but stated that the Defendants might examine said Witness personally in open Court if they saw proper. To which opinion of the Court in permitting said deposition to be read to the Jury the defendants by their Counsel except and tender this Bill of Exceptions which they prey may be signed, sealed and made part of the record the same is done. Seth I W Lucky Judge Defendants Exception No. 2 March Term 1850 When the plaintiffs had read the deposition of Robert Hale until the cross examination had been reached thereupon the Counsel for the defendants moved to introduce Robert G Hale in person ans substitute his personal examination in open Court in place of his cross examinations in the deposition and the Counsel for the Plaintiffs having waived any exceptions in the introduction of the Witness at this stage of the cause. and thereupon the Court decided the Counsel for the Defendants might introduce said Robert Hale and examine him in person but the Court refused to announce any opinion as to the effect of this introduction whether by that act he became the Witness of the defendants or not but reserved that point for further consideration and thereupon the Counsel for Defendants declined to introduce Witness at this time and tendered a Bill of Exception to the opinion of the Court which is signed sealed and ordered to be made part of the record in Court, Seth J W Lucky Judge Exhibit A The Defendant in this Case, Grant Ford, James Ford, Loyd Ford, Alexander Ford William Ford, Enoch Ford, Thomas Ford, Benjamin Ford, William Jackson, Loyd Jackson solemnly swear that owing to poverty they are unable to bear the expense of this suit and to comply with the rule of Court obtained on them at the last term of this Court by which rule they are bound to give security on the second day of this term in the sum of two thousand five hundred dollars, these Defendants truly believe that they are justly entitled to appeal in this Case of which the Court had jurisdiction, and they further believe that the rule was obtained on them for the purpose of depriving them of having this case tried on it merits, and to prevent them from showing that the Will under which the Slaves of Loyd Ford claimed their freedom, which is the subject matter of this suit is a forgery, and that it is to be supported by a person whom they believe to be bribed by the Negroes, they therefore ask to defend this suit without giving security, as they have attempted. to procure security but have been unable to do so. Sworn to in open Court 22 Feb 1847 Thomas Ford, Grant Ford, Loyd Ford, Alex Ford, James Ford . Wm Ford Enoch Ford, Benjamin Ford William Jackson , Loyd Jackson. Exhibit No 1 Robert G Hales Disposition Loyd Ford in his lifetime executed the paper now shown me disposing to be his last Will and Testament. At the time it bars date I witnesses it in his presence and at his request we executed said Will. He held the top of the pen while i made the mark He acknowledge it to be his will at the time he made his mark. I wrote the Will and read it to him twice. The first time I read it with no one present but Mr Ford and myself. I rerad it in a loud voice, clear and destinist as I was able, we then went back in the presence of my family and there I read it again in their presence. It was then that he executed said Will by making his mark and acknowledging , I wrote the Will at his request. I had been frequently requested to write hs Will M Ford died sometime in the year 1843. To the best of my recollection. I had written two Wills for Mr Ford prior to this Will. I think I wrote the first Will for Mr Ford some time in March 1835, and the second one in April 1835, I may be mistaken in these dates but I think I am correct. When I wrote the second Will there was something said by my father, Amon Hale about destroying the first Will but I am not certain whether he had both Wills then or not, or whether the first Will was home. At all events, neither Will was destroyed in my presence. Before I wrote the last Will Mr Ford applied to me at least twenty times before I wrote it and assigned to me the reason, that the second Will was stolen with a purse of money. The third Will was written at my house. I lived about one and a quarter mile from Mr. Ford. I wrote the Will as near as I could as Mr Ford dictated. I read it to him and he said he was satisfied with it. The Will was executed in the presence of my wife, Sarah and my daughter, Elizabeth Jane. Others of my family might have been present, but they were small. After he Will was executed and witnessed and before it was folded up my son Jesse W Hale come in and told I told him this was old mans Ford's Will. My wife Sarah made her mark to the Will as I witnessed. I believe my daughter also made her mark. I have known old man Ford from the time I have known anything. The first conversation I had with Mr. Ford about writing wills was when I wrote his first Will in March 1835. In writing that will he freed a little girl, named Martha, the balance of the Blacks in that Will he wished divided between his sons and his daughters. He cut out the kin of any of his daughter that were dead with the exception he gave them one dollar. I converse with Mr Ford before I wrote the first Will to see if his mind was strong enough to make a will and I thought it was. The old man .at the time he was importing me to write the last Will. said the law was so that he could not face his negroes at all but he finally understood that the laws were so fixed that if he would leave them some land to live on that he could free them and requested me to write a will to that effect. The Will was written in accordance with what he understood to be the law as near as I could write it. Mr Ford expressed a desire in each of the Wills to disinherit the Jacksons. Edy was the Mother of Ned, Lark, . Peg was the Mother of John, as well as I recollect. I was less acquainted with John than any of the rest. I have heard Mr. Ford say that of the two sets, the black and white, that the blacks were most Honorable. I never heard Mr. Ford say that the white children might whip the black children. I have heard the old man say that if any one would show him a mark on any of the blacks, that they might have him. I think that John has lived away from home about one or two years. Lark and Ned lived on the farm at home and were permitted to own stock of their own and trade for themselves, as I have learned from the boys and from rumors in the neighborhood. In a conversation I had with Mr Ford and my father a year or so after I drew the last Will,. He said to me, "Bob, What better can I do with my blacks than to give them to my children"? I said,"Mr. Ford, have you forgotten you have made a Will"? He said"No, you have it I suppose, I will be up after it in two or three days", at which time I thought the old mas a little intoxicated. Some months before the old man's death I was at his house and while I was there Mr. Isace Mulky came there, and I thought the old man knew him, talked to him and set down to dinner together and Mr Mulky got done eating and left the table and Mr Ford turned to me and asked me who that was?. I told him it was Isac Mulky. At the time I thought that his mind had left him. Some months before the old man came to my house late in the morning. He appeared to be in distressed or alarmed more than I had ever seen him in my life. He asked me for his deed. I told him I had not his deed, I had his Will. He said he wanted it, I told him to go to his son Grant, or old James Arterburn and come and get it in the morning. He still insisted for it. I told Sarah my wife to go and get the old man's Will. She brought a paper that she said sometime later that it was a school article and told the old man that was his Will. He told Sarah or myself to throw it in the fire and it was burned, It was thrown in the fire by my wife or myself. He then said he reckoned that they would be satisfied now, that Loyd had drawn him there with a stick, the rascal ought to have been in the Pen twenty years ago. He said that Loyd had threatened to beat him with a stick if he did not go and get that paper. Two or three days after his death of the old man Ford I was at his house. Grant , he appeared to be the foreman said that he wanted them to inter into some agreement having they should get along with the matter There were present some ten or fifteen of the heirs and connections of Loyd Ford , there might have been some of the neighbors in and there might have not been . I cannot recollect I was asked by Grant Ford to make a statement on the Will, I stated that I had seen a paper burn, but when I am called up in the Court House, as I expect you will have me, I, then will tell the whole matter, The reason I did not make a full statement of the matter is that I was there in the midst of the Ford's and I thought that it lead to a fight.. Mr Haile, please state whether or not on one occasion you told Thomas Ford, one of the defendants, that one Billingsley had asked you if you had old mans Ford's Will (and that he, Billingsly) indented to have the Will as the Fords would give him $40 or $50 to get it. And if so, state all that took place on that occasion and what reply was made to you by Thomas Ford I told Thomas Ford that I had a conversation with Billingsly, that Billingsly asked me if I had old mans Ford's Will.. I told him that I had. He said he meant to have it for Grant's son J?.would pay him forty or fifty dollars for it. You must not say anything about it. We were riding along the road together. Thomas Ford disputed it or said he new nothing about it. On the day that my father was buried, Grant Ford told me that I must make the Negroes ?. or get the Will, or he would prosecute as far as law would carry it. Please state if from the manner of the Fords you understood them as threatening you for the purpose of trying to gain your compliance with this request. It was my impression at that time, it was made for that purpose. Are you acquainted with plaintiffs in this case and if so please state what is the character for good behavior and honesty. I am acquainted with the boys and they have the character of being good honest and industrious citizens. This question and answer is objected to by defendants counsel and same is referred to the Court. Please state whose children the Plaintiffs in this case are reputed to be .Report say that part are the old man's and part the old man's sons. State if you know of anyone purchasing an interest in the Negroes in Controversy since the commencement of this suit and anything know touching said contracts. (The foregoing question is objected to by the Counsel for the defendants and is refereed to the Court) Docr?. James H Vance and Grant Ford told me that Docr. Vance had purchased Enoch Ford interest in this suit Upon being cross examine and interrogated by the Defendants Counsel , Witness (Robert G hale) states in substance as follows. By the consent of the parties the further taking of the deposition is deferred till tomorrow morning. W H Smith Commissioner July 22nd, 1848. Mr Ford never named the Will to me after burning spoken of at my house. Where I lived when I wrote the last Will is a total thick settlement. I wrote all the Wills at the same house I witnesses each of the first Wills and I think my father and one of my brothers were the witnesses of the first Wills, I did not call upon anybody to witness the last Will, I did not think it is my duty to call on any person. Mr Ford called upon the witnesses himself to witness the Will Mr Ford and myself and my wife were present, when the paper was thrown into the fire. I could not state that any person else were present, after the paper was burnt the old man told me about Loyd driving him there to get the Will. When Mr. Ford asked me for the deed, I thought he meant the Will. He asked for the Will repeatedly before my wife gave him the paper.. I tried to put him off, but could not. I told my wife to bring the Will. She brought a paper, My wife bring it the paper and handed it to the old man and said here, old man, is your Will. He took hold of it and smiled and handed it back to her told her to burn it and I think she put it in the fire, and the old man remarked that he reckoned they would let him be now. I was sitting near the old man. I was satisfied it was not the Will. Mr Ford did not say that he wanted any other paper burnt but the Will at anytime. It was nearly night when the old man was at my house. When I discovered that it was not the Will the reason I did give him it was that he appeared satisfied. I believe Mr Ford could neither read or write. He was about 91 years of age I could not recollect that the paper burnt was different in size or appearance from the Will exhibited> I have no recollection of the blue wafer on the Will. The Will was missed out of my possession before the death of old man Ford. The week after the death of old man Ford my wife showed ne the Will.. This was he first time I had seen the Will since it had been taken out of the chest. I did not know where the Will was while it was missing. My wife and myself had some conversation together about the Will. But she never told me where it was. Question by Defendants. Did you ask your wife is she was going to let Billingsly have the Will (while it was missing and if so did she clear up or exhibit any confusion of contention.? and what did she reply and who was present when you asked her?. The above question is objected to by Counsel for plaintiffs and the same is referred to the Court. I did ask my wife in the presence of my son Jesse if she was going to let Billingsly have the Will. She blushed and seemed to be at a loss to answer, and said no, but Bilingsly had made her such proposition. After the Will was signed and my son Jesse came in I would not say that my son Jesse could write at the time the Will was written, but now he writes a good common hand, my son Jesse lived with me up to the time of Executing the Will. It was after the Will of 1840 was executed that the old man said to me what better can I do with my blacks than leave them to my children, I replied to him have you forgotten that you male a Will. He said No, I am coming up in two or three days after it. I thought the old man was intoxicated slightly fiddled. It was after that the old man came to my house and requested to have his Will burnt. in the conversation that he told me that he was coming up in two or three days I thought that he was not alarmed, but in his usual high spirts. In the conversation at old man Fords, two or three days after his death, at the meeting of the home of the old mans to settle up his estate, I do not recollect that any of the Ford's ask me if I had a Will of old man Ford's I do not recollect that any of the Ford's ask me if I had any knowledge of a will of the old man. I did not tell Grant Ford or any body else that there was no will of old man Ford's. I don't recollect that I ever told any person that there had been a will of old man Ford's but it had been burn. I never told James Arterburn or Enoch Jobe that nor any other person i had burnt old man Ford's Will I never told Michajah Hale, Lydia Hale, his wife, John Hale, nor Jefferson Ford alias Jonathan Ford or Wm Hulse that I had burnt old man Ford's Will with my own fingers nor that said Will had been burnt I never told John Jackson or anybody else that the school article was burnt. That I had burnt the Will between two ? When the conversation took place that Grant Ford said he would persecute, Micajah Hale was present, I have no recollection where I got the paper to write the Will upon, which Exhibit A to this deposition is written. Cross examination by the defendants Counsel being closed. Witness upon being interrogated by plaintiffs counsel examination in substance went as follows; In the conversation I had with my wife about Billindsly wanting to get the Will my wife stated that Billingsly said he wanted to get forty or fifty dollars for the Will if he would get it and James Ford's son, Grant was to pay the money In the conversation at the old man Ford's house two or three days after hs death there were a good deal of conversation about the different Wills of the old man, there was a good deal of feeling exhibited I don't recollect any specific statement as I have stated in my examination in chief I waived all questions that was put to me that I thought would lead to a fight and I did not pretend to remember all the questions that was put to me. I once stated to James Arterburn after the death of old Ford that he came to my house and told me to burn the Will. I don't remember of having told had any other conversation with James Arterburn. I once in a conversation with Micajah Hale told him that Mr. Ford in his lifetime had told me to burn the Will and that there was a paper burnt, as explained in my examination in chief, and at his request. It was all done in the presence of Loyd. I knew Loyd Ford since I have knew anyone and he often told me he wanted his blacks freed and his property divided as he directed it to be done in his Will. After the Will was written, signed and witnessed, Robert hale handed it to the old man Ford and he put it in his pocket and it remained there some time. He sat some time and deemed to be in some distress of mind, and said if he took the Will home he would not get his will done now, He said that the other Will which he had taken home his boys had found and destroyed, if he took this one home it would be destroyed too and he would not get his will done now, , he asked my husband to keep it Exhibition No 2. Sarah Hale Deposition Loyd Ford made a last Will and Testament at our house which was written by my husband, Robert G Hale. The Will was read to him before he made his mark and after making his mark he acknowledge it to br his Will I witnessed the will by making my mark in his presence and at his request, the way the will read as I understand it was the Loyd Ford freed his Blacks and gave them the place if they stayed on it, but if they did not, then Thomas was to have the upper part and Benjamin the lower part, the balance of the property was to be equally divided among his children , except William Jackson was to have one dollar and Rebecca Jackson one dollar. Though as to the other part of the Will, my memory does not serve me exactly. The paper was read over to me and marked as Exhibit A .and attached to R G Hales deposition is, as I believe, the same paper which was read over to Loyd Ford and which was acknowledge by him as his last Will and testament and witnesses by me as above stated. The Will is not the same fold now as it was while in my care. While it is in my care, it did not have any writing on the back of it nor was any appearance of a blue wafer on it as is now shown to me. The Will has on the back some writing, which I am told reads as follows Loyd Fords Will Exhibit A to Robert G Hales deposition, Wm Smith Commissioner. This writing was not on the Will while it was in my keeping. The will was also Witnessed by my daughter Elizabeth Jane hale. He wrote my name and I made my pen mark and I think he made Elizabeth's mark in hers presents and at her request. It was all done in the presence of Loyd Ford. I knew Loyd Ford since I knew anyone. And he often told me before the Will was made that he wanted the blacks freed and his property divided as he dictated it to br done in his Will. After the Will was written, signed and witnessed, Robert G Hale handed it to the old man Ford and he put it in his pocket and it remained there sometime, He sat some time and seemed in some confusion of mind and said if he took the Will home he would not get it done now, He said that the other Will which he had taken home his boys had found and destroyed , if he took this one home it would be destroyed too and he would not get his Well at last. He asked my husband to keep it and he left the Will with hi. The old man was in his sound mind when he made his Will above stated. He told my husband as he was writing the Will what to put in it. The Will was written as the old man directed. The Will was kept in the till of the chest until John Billingsly wanted to buy it before the old man's death and then I put it in another place. I put it over my bed, underneath the planks that were over the joyce over in the corner of the house next to James Arterburn and kept it there until I brought it to Jonesboro, at the time I was examined as a witness in the Co Court to prove the Will. Some time after the Will was made, probably two years, Loyd Ford came to our house and said his son Loyd had drove him to the back of the hill near our house, and threaten his life if he did not lift the Will, He said that Loyd had followed him with a club and he was afraid that he would kill him if he did not get the Will. My husband told him that he did not wish to give him the Will unless he would get eyewitness to see it done. As he had kept it so long My husband said he would be in danger to give up the Will because Mr Ford had employed Gillespie to carry out his Will after he died, and that Gillespie had seen and read the Will. The old man still insisted on getting it, My husband told me to go and fetch the Will and knowing as I did that Gillespie had seen it and read it I went and brought an old school article. The old man Ford took it and looked at it, and then looked at me and shook his head and sort-of laughed. He said "Bob put it in the fire and burn it. .Maybe it will satisfy them". Robert put it in the fire and burn it. When the old man first came there that day he did not appear to be himself, he appeared as if he had been drinking, staggered sort-of fell against the house. In a short time after that the old man rode to the lane and asked if Bob was home. I said No, Mr. Ford. He asked me if he had his Will yet. I told him we had it, He said too me, keep it and do what he said do with it, which was to give it to Gillespie when he died. At the time(when the old man came to the house Loyd Ford appeared to be sober and of as sound mind as I ever saw him. I believe that was the last time I ever saw him. The old man told me for several years before the Will was drawn and since, that he intended to free his blacks and that they should not serve anyone after his death. I told him he ought to leave them to his children and he said he did not want one set of his children to serve the other, that he had two sets of children, and that the black set was the smartest of the two. It had been a neighborhood report for a great many years that some of the plaintiffs in the case were the children of old Man Ford and his sons. Of the plaintiffs, Ned, Peg, Rhoda, and Lark were always said to be Edys children and Edy belonged to old Loyd Ford. John's mother was named Peg, who also belonged to old man Ford. I was acquainted with Mrs. Ford who died some five or six years ago, at the age between eighty and ninety years,. or several years before her death she was very much afflicted, she had Rheumatism. His youngest son is named Benjamin and is now about thirty or thirty two years of age. Of the Plaintiffs, John , Ned, Lark, Peg, and Rhoda are mulattoes, and most, if not all the children, Peg, Rhoda are mulattos. I was intimately acquainted with old man Ford and his wife, and frequently visited them. Peg , one of the negroes who is one of the plaintiffs carried the keys with the exception of the key of the old ladies hair trunk and the old man told me that he allowed them to do as they pleased with his property, that he took nothing from them. The old man told me that he had got from John, one of the plaintiffs one hundred dollars at one time, and frequently got money from him at other times but he would not take all that John earned, I was present at one time when my husband showed my brother Mattheas Keeen? The Will hereinbefore mention . As well as I remember this was after the school article was burned and before the old man Ford's death. Leroy Hale, who was examined as a witness and is now dead was once at our house when the old man Ford said that he intended to free his Negroes. I remember that Grant Ford Negroes Joe came to our house one night after the old man Ford died, Richard Hale, Leroy Hale, and Sam Perry were there. My husband did not go out of the house that night. Sam Perry had left his wife as she says and is gone off with another woman. Jesse Hale, my son come in the house just about the time the Will was folded I think old man died in the fall of the year 1843 in this Co. Cross Examination There was no person present when the Will was executed but our own family. It is a thick settled neighborhood where we live about one and one half mile from where the old man Ford lived at the time of his death. Exhibit No 3. Elizabeth Jane Hale Deposition Old Loyd came to my father to get him to write a will for him which he did> I heard my father read the Will to him and the old man said it was all right. I understand from the reading of the Will that the old man directed his Blacks to be freed and to stay on the place. The Will now read to me which is marked Exhibit A to Robert G Hales deposition reads as I heard it read on the day I witnesses it I have frequently seen the Will in the till of the chest of my father's and several times have had it in my hand. I believe the said Exhibit A is the same paper except that it is not in the same fold, and it has some writing on the back od it which was not on it when it was in the till of the chest, and the appearance of a blue wafer on the back which was not then on it. The writing on the back which was not on it when it was in the till of the chest is, as I am told by Wm H Smith the following words, Loyd Ford's Will Exhibit A to R G Hale's deposition Wm H Smith Commissioner. I witness Exhibit A in the presents of Loyd Ford and at his request my father wrote my name at my request and when I went to make my mark he made the mark but I held the top of the pen when I made it. I think I started when on the second trial of this I requested my father to make my mark and that he did so and I think I forgot to state that I held the top of the pen. My father and mother both witnessed the Will in the presence of Loyd Ford and at his request my father wrote his own name and also wrote the name of my mother and my own, but my mother made her own mark, I also saw the old man Ford make his mark by holding the top of the pen in father's hand, I heard old man Loyd Ford acknowledge Exhibit A. to be his last Will and Testament, and he said it was all right.. I never saw Exhibit A after I was examine in the Co Court nor have I seen it since. I was examine in the Circuit Court until I came and give my deposition here today,. I have known old Loyd Ford ever since I recollect knowing anyone and have no doubt but that he was of sound mind and memory at the time he made the said Will. After the Will was written and acknowledge by old Loyd Ford, He told my father to keep it that if he took it home some of his boys would steal it from him, I have heard Loyd Ford ask ny father if his Will was there after the day on which the Will was made and also heard him tell my father to keep it for him. Loyd Ford was at our house after the school atrial was said to have been burnt (though I was not present when it was burnt) I heard him say that he wished father to take care of his Will. He was then sober and I thought him of sound mind and memory. Cross Examination There was no person present when father wrote old Loyd Ford's Will but our family. It a tolerable thickly settled neighborhood where we live and where Loyd Ford lives. I think I was examine in Co Court December term in 1843 I did not state in the presence of George Couch and others that I had never seen this Will to with three or four weeks of the Co Court at which I was examine or any other time make such a declaration. I am not acquainted with George Crouch but what I did say in one of the lower rooms of the old Court House was that I had not seen the Will after mother put it away until some time two or three or some short time before I was brought and examine in Co Court. The foregoing depositions were taken at the Court House of Jonesboro before Wm Smith Commissioner commencing on the 21 day of Feb. 1848 The plaintiffs were present by their Counsel all the time by letting A R Nelson Or Barton and the defendants were all the tome present by attorneys John A Ackin or James W Deaderick Bill of Exception No3 March Term 1850 Be it remembered that on the trial of this cause the plaintiff offered to read to the jury the depositions of Robert Hale, Sarah Hale and Elizabeth Jane hale subscribing witnesses to the papers purporting to be the last will and testament of Loyd Ford, deceased, to the reading of which defendants by their Counsel objected but the Court overruled the objection and permitted the said depositions to be read to the jury. The defendant admitting that said depositions were taken under a lawful order of this Court and under a proper commission and notice and under a agreement hereto announced, Which dispositions are marked Exhibit No 1, Exhibit No. 2, Exhibit No. 3 respectively, to which opinion of the Court, the Defendants by their Counsel excepted and tendered a bill of exception Marked Bill of Exception Def March 1850 No.1, which was signed sealed and order by the Court to be part of the record. The defendants also tendered the bill of exception here annexed marked No.2 but they did not at the time of tendering the bill of exception or at any time during the progress of this cause actually bring Robert Hale, Sarah Hale, Elizabeth Jane Hale into Court upon the witness stood and offer an examination of either of sais witness although the plaintiffs Counsel repeatedly proposed in open Court that the defendants might at any stage of the cause introduce and examine personally in open Court all or either of said witnessed. The plaintiffs declined to examine said witnesses personally because their depositions had been taken by consent and because the defendants by their Counsel had attended and cross examined each of said witnesses. The plaintiffs then offered to read the Paper hereto annexed purposing to be the last will and testament of Loyd Ford, deceased, marked as exhibit A to R G Hale's deposition to the reading of which Defendants by their Counsel objected. But the Court overruled said objection and permitted it to be read to the Jury and the plaintiffs here rested their cause. And the defendants then introduced and had sworn a wwitnesses in said causes William Hulse, who stated that he waas acquainted with the general character of Robert Hale, having known him ever since he was a boy and that he could not from knowledge of his general character believe him on oath. That he was acquainted with the general character of Sarah Hale and could not believe her on oath if all they said about her was true, I am acquainted with the general character of Elizabeth Jane Hale and could not believe her on oath. On cross examination Witness states he never had any differences with Robert G Hale and never could believe him on oath since he was of age. I would have believe Hales wife and daughter before the institution of the suit. I have not heard as much about them from the Fords as from other persons. I would from my knowledge of the general character of Sarah Hale and Elizabeth Jane Hale have believe them on oath within the last two or three years . I would have believe them on oath before the commencement of this suit. Joseph Clark the agent of the defendants is now here and I heard him talking this suit and Andrew Wilson in Court since the commencement of this term in company and charging that R G Hale had forged the Will I have heard John Bouzer and Old George Bouzer say they would not believe R G Hale on oath , also James Arterburn. The defendants then read the following dispositions except those parts which detailed conversations of Robert G Hale and Sarah Hale which parts of the said depositions were offer to be read but the upon objection by plaintiffs to the reading of said parts of depositions that only such parts of said depositions as related to conversations with Robert G Hale Sarah Hale and Elizabeth Jane Hale as to which the said witnesses had not been property interrogated should be excluded from the Jury. But that all the other parts of sais deposition should be read in evidence to the Jury and the following depositions were read. Evidence for the Defendants More than one hundred and eighteen dispositions were read to the Jury. In substance they were saying they could not believe Robert G Hale, Sarah Hale and Elizabeth Jane Hale on oath. Tobert Jackson Age about 33 years deposes and says as follows I am acquainted with the character of R G Hale, Wife and daughter E. Jane Hale. I would not believe R G Hale or wife on oath.. As for the daughter, I could not say. I don't know that I am any kin to them but I have heard it said that I was a son of Loyd Ford. John Jackson The defendants then introduce John Jackson who being sworn stated that he is acquainted with the general character of Robert G Hale and Sarah Hale and from knowledge of their general character he would not believe them on oath. On Cross examination witness says he is a nephew of the defendants in this case. Loyd Ford, one of the defendants is said to be my father and I married a daughter of one of the defendants, James Hulse Next witness for the defense being sworn said he was well acquainted with general character of Robert Hale and Sarah Hale and from knowledge of their general character he could not believe him on oath, I knew old man Ford. He said he never whipped his negroes , that the negroes had stolen his money. On cross examination says; I was the agent of William Jones in the contested Will case disposed of at the last Nov. Court in the Circuit Court of Sullivan Co which is in the same neighborhood as this case. I never told Alexander Ford or any other person that if he would stick to me in the Jones suit I would stick to him in this. It is possible, I have heard old man Ford say his Negroes should serve no one after his death.. He was very much attached to his Negroes, Never heard old Ford say his sons had taken his money and a Will. I heard reports before the commencement of this suit that the Negroes were the sons of old Loyd Ford or of his children. I could not believe Hales wife before the commencement of this suit. Robert G Hale was a witness against me some years ago on an indictment against me for a adultery in Circuit Court of Sullivan Co, upon which I was convicted. I have frequently said in the neighborhood and in company elsewhere that I believed Robert G Hale forged the Will contested in this case. I did not say to Alexander Ford when going to town some two or three years before that when Thomas J Chasis disposition was taken in the case and in company with said Chases Alexander Ford and John Jackson. And when in conversation about this suit it you stick it to me and I will stick it to you. I have heard the defendants say a great deal against Robert G Hale in different crowds since the commencement of the suit. I have heard Joseph Clark, the agent in the management of this, suit who is here, frequently talk against Hale in a like manner. Benjamin Ford no 96 I consider myself acquainted with the general character of R G Hale and wife. If the general report be true that I have heard about them I could not believe them. I am a first cousin to the Fords. John Ford no. 97 I consider I am acquainted with R G hale and wife from here say and from common report. I could not believe them on oath. But I could not disbelieve them from anything I know. My father was the Ford's first cousin. I have heard several talking about R G Hale and wife but mostly the Fords. Price Ford no 98 I reckon I am acquainted with the general character of R G Hale, wife and daughter E Jane Hale. From what I know of them myself i cannot disbelieve them, but if what I have heard be true I could not believe them. R G Hale is my wife's uncle. The Fords and me are second cousins. I have heard James Coughen? And it's likely I have heard the Fords and their relation more than anybody else. I heard old Jas Whilloch and Wm Copass talking about them. Lisby Ford no 99 I am acquainted with the general character of R G Hale , wife and daughter. E Jane Hale and I could not believe them on oath. Grant Ford is my Uncle I reckon. I can't tell anybody particularly I have heard Grant Ford talking about the Hales. Enoch Ford and I expect I have heard the Fords generally. I have heard Nathan Jobe say that he wouldn't believe E J Hale on oath if all reports are true. I do not know that I heard anywhere else as I know of now, I reckon I would know E Jane Hale if I was to see her, but i am not right certain I would. I do not know any one at present say that they would disbelieve Sarah Hale on oath. John W Ford no. 100 I am acquainted with the general character of R G Hale and his wife . If all reports be true I could not believe them on oath. I am first cousin to Grant Ford. Chapter 24b. Contested Will Be it remembered that on the 18th day of September in the year 1847 a transcrip of record from the records of the circuit Court of the county of Washington in the State of Tennessee in the case of ajohn Ford and other persons of clor, by their next friend, Phobe Stuart, plfs. And Grant Ford, James Ford and other Defts, was filed in the office of the Clerk of Circuit Court of the County of Johnson, in the state of Tennessee aforesaid in words and figures , To Wit John Ford and others peersons of Color by their next friend Phobe Stuart vs. James Ford and others. State of Tennessee Washington County At a County Court, began and held at the court house in the town of Jonesborough on the first Monday in December 1843, being the 4th day of said month. Members Present To Wit; Henry C Stephenson, Chairman, John Blair, Vicent Borew, Jacob Hyden, Job Murray, Jonah S Robert S F, William Reed, James White, E Mathew , william Reeve, John Jackson, Abil Loyd, Allison thompson, Daniel Frances, Esquires The court having been adjourned from day to day the last will and Testament of Loyd Ford, deceased, being under conosideration until Saturday of said term, when following record was made Henry C Stephenson, George hinkle, Samuel Green and John Jackson, members of said court being present. To Wit; John ford and other of Color claiming their freedom under the last Will and Testament of Loyd Ford, deceased by Phobe Stuart, thir next friend, make oath that they have have been informed and believe the said Loyd Ford made, 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 suppress or destroy said Will. That she has reason to believe said will is inthe possession of Robert G. Hale , or his wife which are now in Jonesborough. She therefore prreys that a subpenia may be issued for said Hale and wife commanding them to produce said will in open court for probate and give eevidence in regard to the same. Sworn in Open court 4th December 1843. Samuen Green; Clerk signed Phobe Stuart. On Monday of the present term of this Court, John Ford, Ned Ford, lark Ford, Peggy Ford, and her sic children to Wit. Edy. Amanda, Rebeca, Eliza, and infant boy. Roda Ford and her three children, Martha , nelson, and jane, persons of color, claiming their freedom, came to open court by their next friend, Phobe Stuart, and she made affidavit that Loyd Ford, deceased made a last Will and Testament which is in the custody of Robert G Hale, and his Sarah, or one of them. On motion of said persons of Color by their next friend a Subprena was issued for said Robert G. hale and his wife Sarah commanding them to appear forthwith and produce the said Last Will and Testament in open Court for legal probate thereof. And the said Subprena having been on said first day of the present term dully executed, apaper purportingto be the last will and Testament of the said Loyd Ford, deceased, being dated the first day of March, omne thousand, eight hundred and fourty, was duly produced in open Court by the said Sarah Hale and Robert G. Hale., two of the subscribing witnesses to said will and Testament.were duly examined in open Court Touching the exceptions thereoof and this examination made to writing by the Clerk of the Court, And on motion of the said persons of Color by their next friend , a subpena was issued for Elizabeth jane hale , the remaining witness to said Will and this court was duly ajourned from day to day until the present time when said witness in like maner wassworn and examine in open court touching the execution of said last Will and Testament and her examination in a like manner reduced to writing. On Monday of the present term when said first teo witnesses were examined the said John Ford and others by their next friend Phobe Stuart moved the Court to probate of said Will, but James Ford and Grant Ford, the Executors named in said will appeared in open Courtand having waived any citations or Summons in regard to the probate of the will, they renounced the executionship thereof and refeused to act as executors and expressed a desire to contest the Will oon behalf of themselves and others being part of the heirs at law of the said Loyd Ford, deceased And now on this same day the same persons named as executers in said Will again personally appeared in open court and refusedthereof and the said James Ford, Grant Ford, Benjamin Ford, Loyd Ford, Alexander 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 the Will, and thereupon said Will was not allowed to be considered as proved. But the Court, Pursuant to Act of Assembly, hereby certifly to the Circuit Court for Washington County, the fact of constitution to the Will. That an issue of. -- --- may be made up in said Xourt . And said persons contesting the probate of said will having inteered intohand with approved security. This Court directs the Clerk thereof to send the orgional Will togather with a copy of the record to the next Circuit Court to be held for Washington County in the Court House in Jonesborough on the fourth Monday in February next. And the sais James Ford and Grant Ford, having refused the office of Executors of said Will the Court appoints Joseph Crouch as administrator of the Estate of Loyd Ford, Deceased, during the pending suit. Who was intered into bond and was duly qualified according to law. . The said persons of Color claiming their freedom thru next friend Phobe Stuart, by their counes except to the proceedings of the Court in refusing to enter the probate of the Will after the execution thereof was duly proved by said witness. They further excepted to the opinion of the Court in sendiing up to the Circuit Court and also allowing said executors to Contest said Will. Know all men by these presents that 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 for probate of Loyd's Ford, Deceased, and to John, Edward, Lark, and other persons of Color through Phobe Stuart, their next friend in the form sum of five hundred dollars. To which payment will and truly be made. We bind ourselved and each of our heirs, Executors and Administrators sinenally and jointly firmly by these presents signed with our name and sealed with our seal this 9th day of December 1943. The conditions of the above obligation are such at whereas the aforesaid John,, Edward, Larkin, and other persons of Color through Phobe Stuart , their next friend has produced in open Court a paper puporting to be the last Will and Testament of Loyd Ford, deceased for probate. The probate to 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 to probate it. The contest about the probate of said Will having been taken up to the next Circuit Court to be held for said County on the 4th. Monday in February next. Now if above Benjamin Ford, Loyd Ford, James Ford, Grant Ford, Alexander Ford, William Ford, Enoch Ford, and Thomas Ford, shall, will and ruly prosecute said suit with effect and shall successfully contest said will so taken up to circuit Court as aforesaid. Or if they shall fail they will and truly pay all cost and damages which may occour and be qwarded in said Circuit Court and said contest about said will. Against them this obligation to be void. Otherwise to remain im full force and virtue in law. Test. Sam Green, Clerk Signed Benjamin Ford, Loyd Ford by Benjamin Ford, James Ford, Grant Ford, Alexander Ford by Benjamim Ford, William Ford by Benjamin Ford, Enoch Ford, and Thomas Ford Received and filed in Circuit Court office 11 December 1943 February Term 1844 , Continued by ajouring order of Court. June Term 1844, Present the Honorable Seth J W Cerca, Judge Monday 24th. A paper purposing to be the last will and testament of Loyd Ford, deceased having ben certified to this Court from the Co Court of said Co of Washington when the probate of the same was contested pursuant to the Act of Assembly in such cases made and provided which said paper purposing to be the last will and testament of said Loyd Ford deceased 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 paper of 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 that the Court to amend the issue on the case by adding the words "and was said instrument legally and properly executed. And the Court was of the opinion that the proper issue has been made and refused said amending to which opnion of the Court the Defendants except and the cause by consent is continued till next Court Same Term Wednesday 26th. June The defendants by their Attorney tendered a bill of exception in this case which is by Court signed, sealed and ordered to be made part of the record. October Term 1844 Monday 28. The parties by their Attorney appear and by agreement this case is continued over until Thursday morning Court and of affidavit of Grant Ford one of the defendants moved to take the Deposition of Richard Hale? On this cause on giving Phoebe Stuart one day notice of the time and place of taking the same and that any Justice of the Peace of Washington Co be allowed to take deposition. Same Term Thursday 31st. The parties by their Attorney appear and agree to continue the case until next term of this Court and by agreement of parties the defendants are allowed to take the deposition of Loyd J Cox of Green County and giving adverse parties ten days notice of the time and place of taking the depositionand any justice of Green County be allowed to take it. Same Term, Same Day. The Parties by their Attories appear annnd on consideration of a motion to be made by the Plaintiffs requiring the Defendants to justify their security or give other security in this case, It is ordered by the Court that said motion be overuled to which the Plaintiffs excepted February Term 1845 Continued by the ajouring of the Court. June Term 1845, Monday 23; This case by consent set for trial on Monday, next term. Same term Monday 30, 1845 October Term Monday 27, 1845 Present the Honorable Seth A H ----- presiding. Contested Will. The parties by their counsel appeared and come also a Jury of good and lawful men. To Wit: Tuesday 28, 1845 same term Wednesday 29, same term Thursday 30 same term Parties by their attorneys appear and the Jury October Term 1845 The parties by their attorneys appear and come also a jury of good and lawful men to wit ( ) being elected tried and sworn will and truly inquire and say whether or not the original paper purporting to br the Last Will and Testament of Loyd Ford, deceased, a copy of which is entered in the minutes of this Court at June term 1844 is truly the last will and testament of Loyd Ford were released from rending their verdict until tomorrow morning. Same Term 1845 Tuesday 28th. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term 1845 Wednesday 29th. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term 1845 Thursday 30th. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term Same Day. The parties by their Attorneys appear and Thompson came here into Court. John Leat who acknowledge himself to owe and be indebted to John Ford, Ned, Lark Peggy Ford and her six children to Wit; Filda, Edy, Amanda, Rebecca, Elizabeth and an infant boy, Rhoda Ford and her three children , Nelson and Jane, persons of Color who sue by their next friend Phoebe Stuart in the partial sum of five hundred dollars to be void on condition that james Ford, Grant Ford, Benjamin Ford, Loyd Ford, Alexander Ford in the case shall prosecute with effect the appeal from the Co Clerk of Washington Co to this Court which appeal John Jackson was one of the original securities or in failure to prosecute said appeal with effect the said defendants shall pay all cost which have appeared or may appear in this suit and the said John Jackson security as aforesaid is discharged. Same Term Friday, 31st. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term Saturday, 1st Nov. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term Monday 3rd Nov.. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term Tuesday 4th Nov. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case were relieved from making the verdict until tomorrow morning Same Term Tuesday Wednesday 5th. Nov. The parties by their attorneys appear and come also a jury of good and lawful men to wit ( )Having returned into Court and resumed the consideration of the case , on their oath do say that a paper produced being the original will sent up from the Co Court and submitted to the Jury, on a former day of this Court purposing to be the last Will and Testament of Loyd Ford, deceased, is the true last will and Testament of Loyd Ford senior of the State of Tennessee, Washington Co., being of sound mind and in good health and memory Thanks be given to God, calling into mind the mortality of my and knowing that it is appointed for all men 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 into the hands of all mighty God that gave it, and my body i recommend into 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 powers of God to bless me with this life, I give and demise and dispose of the same in the following manner and form; I want all of my personal estate to be sold and the arriving therefore to be equally divided between my seven sons, namely James Grantis, Alexander, William, Enoch, Thomas, and Benjamin. I want my land and my Negroes to be disposed of in the following manner; I want my son Loyd to have one acre of land to live upon during his natural life, and I want my negroes to have their freedom namely Pegg, her family, Rhoda 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 they should see fit to stay on said Plantation, but if they would 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 the Grantis Ford's line below the spring running to James Arterburns line with the cross fence, I want the North end for Thomas, and the 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, James Ford and Grantis my Executors. In witness whereof I hereby sat my hand and seal this first day of March one thousand eight hundred and forty. Signed Loyd Ford, his mark Attest. Robert G Hale, Sarah Hale, her mark , Elizabeth Jane Hale, her mark. And thereupon the defendants by their Attorney came and move the Court to grant them a new trail of the issue in this Case but because the Court is not advised in the premises day is given. This cause was remanded from Supreme Court with the following Records . To Wit; with the Opinion of the Supreme Court in the Cause which is omitted to be copied in this Transcript. Same Term Thursday 6th. The parties bt tgeir attornies appear and the motion heretofore made by the defendants for a new trial being now fully argured and the Court fully understanding the premises, It is ordered by the Court that the same be discharged. It is therefore considered by the Court that the orgional will sent up to this court from the County Court and which was sat out in this issue submitted to the Jury -- in this Court and also again set out in the finding of said Jury in the record of this Court is the last will and Testament of Loyd Ford, deceased, and the same is valid as such, and the verdict of the said Jury and the judgment of this Court upon the validity of said Will shall be ceertified by the Clerk of this Court and the said origonal so established be sent back to the County Court to be recorded and to have letters Testamony or letters of administration granted and all other things that are 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 of this cause for all which let execution issue. During the progres of this cause two bills of exception were tendred on behalf of the plantiffs and one bill of exception on the part of the defendants which said bills of exception were signed and sealed by the court and made a part of the record which is done accordingly. From the judgment of this court in this case the defendants pray an appeal in nature of a Wit of Error to the next teerm of the Supreme Court of errors and appeals to be held in Knoxville on the second Monday of September mext and security being given is granted them. ThisCause was remanded from Supreme Court with the following record to Wit. Then Comes the proceedings had in the Supreme Court with Opinion of the Supreme Court in the Cause which is omitted to be copied in this transcript. October Term 1846 Monday 26 The parties by their Attorneys appear and agree to continue their cause to next Term. Which is done accordingly. Same term Thursday 29th The parties by their Attorneys appear and for sufficient reasons to the Court disclosed by the affidavits of Phoebe Stuart the next friend of the plaintiffs and because it is made to appear to the Court that the amount of the costs which have been already exceeded in this Court more than double the amount of the penalty of the bond entered into by the contestants in the Co Court at the time of the Contesting of the Will in this case and at a much larger amount of the costs will necessarily ... in the future litigation in this case and it being further made appear to the court that the security in said bonds are insufficient. It is therefore ordered by the court that the penalty of this bond be increased to the sum of Twenty Five Hundred Dollars and that the contestants shall be required on or before the second day of the next term of this Court. To enter into bond in the penalty aforesaid and that said contestants shall also be required to justify their present security or give other sufficient securities on or before the second day of next term and on failure to do so they shall not further contest said Will . And the issue made up at instance shall be dismissed. It is further ordered by this Court that copies of this order be issued and served on the ... to all which the ....by their monies excepted. Sep. Term 1847 Be it remembered that on the 18 day of Sep. In the year 1847 A Transcript of record from the records of the Circuit Court of the Co of Washington in the State of Tennessee in the Case of John Ford and other persons of Color by their next friend Phoebe Stuart, plf. And Grant Ford, James Ford and other Delfts, was filed in the office of the Circuit Court of the Co of Johnson in the State of Tennessee aforesaid in words and figures to wit. State of Tennessee,Washington Co . Tn. First Judicial Court Circuit Court John Ford and others } persons of color by their } next friend Phoebe Stuart. } Contested Will Vs. } James Ford and Others. } State of Tennessee Washington Co At a Co Court beginning and held at the Court house in the town of Jonesboro on the first Monday in December 1843 being the 4th day of said month. Members present to wit; etc. The Court having adjourned from day to day. The last Will and Testament of Loyd Ford being under consideration until Saturday of said term, where the following record was made Henry C Stephenson, , Samuel Green, John Jackson, members of said Court being present. John Ford and other persons of color claiming their freedom under the last Will and Testament of Loyd Ford deceased by Phoebe Stuart their next friend make oath that they have been informed and believe the said Loyd Ford, made and executed his last Will and Testament in March 1940 by which he directed the Emancipation of his slaves; that she has reason to believe great effort has been employed by some of the heirs at law of said Ford to suppress or destroy said will; that she has reason to believe that said Will is in the possession of Robert G Hale or his wife, who are now in Jonesboro. She therefore preys that a Subpoena may be obtained for said Hale and Wife commanding them to produce said Will in open Court for probate and give evidence in regard to the same. February Term Tuesday 23, 1847 The defendants produced and filed their affidavits and moved on affidavits that the rule entered on them for security to be given on this day be discharged which motion and rule for security on condition and time is enlarged till the motions of the defendants is disposed of. Same Term 1847 The Defendants in this case produced and filed the same, and moved and said the affidavit that the plaintiffs give security for costs in this case which motion is continued by the Court. Same Term Saturday 27th. The rule therefore entered on the defendants for security coming on for comment the same is discharged and the Court on the affidavit of the said Defendants filed on a former day of this term is of opinion that the Defendants are legally in-titled to defend in this case in forma pau pais to which the plaintiffs by their attorney excepted and tenders this bill od /exception which is by the /Court signed and sealed and ordered to be made part of the record. Same Term 1847 Saturday 3rd. In this case the defendants moved the Court that the Venue be changed from the Co of Washington to some other Co free from exception and on the affidavits of Grant Ford, Benjamin Ford and Thomas Ford hereto ... and supported by the affidavit of George Taylor, Thomas Hale, and jacob Bates, and for the reason, therein ... it is ordered by the Court that the Venue in this Case be changed to the Co of Johnson in the first Judicial Circuit in the State of Tennessee to be there tried and determined. Said Co of Johnson being the only Co in said circuit free from exception, as shown by the affidavits of the parties in this case and also the nearest Co to said Co of Washington free from exception and by the agreement of the respective parties Plaintiffs and Delfs. By their Counsel. It is ordered that all the original papers, disposition and documents in this case on file in this Court shall be transmitted by the Clerk of this Court to the the Circuit Clerk of said Co of Johnson . And by like agreement, a full and perfect transcript of the records of this Case shall also be transmitted to the Circuit Clerk of Johnson Co to be filed in the office of said Court and because a trail cannot be had at the July Term of said Circuit Court of Johnson Co as agreed. by the parties , or can the transcript of the record and papers in the case be filed before the said July term of Said Court. It is further agreed by the parties that the said Transcript and papers shall be filed in said Circuit Court of Johnson Co before the November Term thereof and that this Case shall not stand for trail before said November Term thereof. And all bills and exceptions to the regularity of this preceding and hereby mutually agreed by their Counsel. And it is further ordered by the Court with consent and agreement of the parties that as soon as the Transcript and papers in this case shall have been filed in the office of said Circuit Clerk. in the Court of Johnson Co, the parties respectively shall be at liberty to take deposition of all witnesses residing outside the Co of Washington. Transaction of Costs In the Circuit Court of Washington Co before the trail in Supreme Court. ($1520.00 ) November 1847 Circuit Court, Johnson Co Monday 8th Nov 1847 John Ford and others by their best friend Phoebe Stuart vs. Grant Ford and Others. Contested Will Change of Venue from Washington Co by consent of parties and order by the Court. That the parties be allowed to take depositions on giving the usual notice to Phoebe Stuart on the one side and to Grant Ford others of the defendants on the other. March Term 1848 March Tern 1848, Monday March 13, This Cause is continued until the next term of this court as on affidavit of the defendants and it is agreed by the parties to take deposition by giving the adverse parties five days notice if ti be taken in Washington Co and ten days if taken in any other Co and that a notice properly served from Grant Ford or others of the defendants shall be a sufficient notice to all of the defendants. Tuesday March 14, 1848 On application of the plaintiffs. by their attorney, it is ordered by the Court that plaintiffs. Have leave to personally or by 'Attorney to withdraw the original will sent up with the records from Washington Co for any further probate that may be desired. The same being heretofore been withdrawn and appended to the deposition of Robert Hale, now on file. It is ordered that it may again be withdrawn by the plf or her counsel for any further proof in deposition to be taken in this case by leaving a copy thereof with the papers in the case. July Term 1848, Nov Term 1848, Continued by Consent. 1849 March Term 1849 In this case the plaintiffs by their Counsel having moved the Court to cause a rule to be intered upon the defendants, and the Court having refused to allow said rule to be entered of record, the plaintiffs by their Counsel tentered a bill of exception, which was signed and sealed by this Court and ordered to be a part of the record. And thereupon this cause was continue d on the affivavit of Grant Ford, one of the Defendants, And said continuance having been ordered by the Court, The paties by their Counsel agreed that the general order as to taking depositions made in this cause at the March Term 1848 shall be and herebyis for all respects --- . July Term 1849 Monday 9th July 1849 This cause continued on the affidavit of Benjamin Ford, one of the Defendants. Upon payment of the Costs of this Term of Court. There upon on Mtion of Defendants by their Attornies upon affivadit of Benjamin Ford, one of the defendants, It is ordered by the Court that an attachment issue for the body of Robert G Hale, Sarah Hale, and Elizabeth hale, witnesses in this case, so as to compel them to appear here in court as such at the next Term of this Court, and thereupon on motion of the Defendants by their Attornies, founded upon the affivid of Benjamin Foord one of the defendants as foresaid, It is ordered by the Court that commissions issued and that they have leave to take the depositions of James Kark, also James Konkon, Abraham Hulse and Elizabeth Hulse, his wife, Elizabeth Jones, mary Crawford, james Bitt, Joseph B Gilman, Loyd Cox, Loyd Britt, Elizabeth Jones, formally Elizabeth Crawford, Mary Crawford and james Britt. And the Defendants pay the cost of this cause at this term expended. It is therefore considered by the Court that the Plaintiffs recover of the Defendants the costs of this cause at this term in this behalf expended for which let Execution issue. November Term 1849 Tuesday Nov 13th day. In this cause the following agreement was produced and ordered to br copied in the Record. To Wit. In the Circuit Court of Johnson County in this Case it is agreeded that at the Nov Term 1849 the cause shall be continued on account of the disposition of John Netherland, as on the affidavit of Grant Ford, one of the defemdants, it is further agreed that no further commissions to take depositions shall be issued on neither side before the trial of this cause, unless it is to take the depositions of witnesses wo are sick or about to leave the county. It is also agreed that Robert G Hale, his wife and daughter who are now in custody under the attachment in this case shall be immediately discsharged therefore and that an alias attachment may be issue after the Nov Tern, If the Defentants counsel desire it. It is further agreed that this argument shall be of record at the Nv Term 1849. Ordered by the Court that the Cause be continued according to the foregoing agreement . `On motion of Defendants by Attorney James W Deaderick. It is ordered by the Court that an attaachment Ni Si same addresse to the Sheriff of Washington County for the body of Robert G. hale , a witness in the cause, so as to compell him to appear at the next term of the circuit Court of law to be held for the County of Johnson at the Court House in Jonesvile on the second Monday in March next as such Witness. On motion of Defendants by Attorney James W Deaderick. It is ordered by the Court that an attaachment Ni Si same addresse to the Sheriff of Washington County for the body of Sarah Hale, wife of Robert G. Hale , a witness in the cause, so as to compell him to appear at the next term of the circuit Court of law to be held for the County of Johnson at the Court House in Jonesvile on the second Monday in March next as such Witness. On motion of Defendants by Attorney James W Deaderick. It is ordered by the Court that an attaachment Ni Si same addresse to the Sheriff of Washington County for the body of Elizabeth J. Hale , a witness in the cause, so as to compell him to appear at the next term of the circuit Court of law to be held for the County of Johnson at the Court House in Jonesvile on the second Monday in March next as such Witness. 1850 March Term 1850 Wednesday 13 March The Parties by their attorneys appear, also come a jury of good and lawful men, free holders of Johnson Co, to Wit; Nicholas Stout,,K Bradley, alfred T Wilson, John Loyd, Samuel B Cole, Joseph Adams, Thomas A Johnson,. ... .. who being elected tried and sworn will truly to try the issue between the plaintiff and defendants in this case and then upon the defendants by their Counsel tendered bills of exception No. 1 and 2 which were signed and sealed by the Court and ordered to be made part of the record of this Court and the Jury are refuted from rendering their verdict until tomorrow. Thursday 14 March 1850 The parties by their Attorneys appeared and the same Jury who were impaneled and sworn in this case on yesterday and respected from rendering their verdict until today. To Wit; (Nicholas Stout. Alfred Wilson, John H Vaught. Russel B Wills, Joseph A Adams,Irwin K Bradley, John Loyd, Samuel B Cole, Thomas A Johnson, William R Berry , Daniel Snider ) and resuming the consideration of the case were again recited from rendering their verdict until tomorrow morning. Friday 15 March 1850 The parties by their Attorneys appeared and the same Jury who were impaneled and sworn in this case on yesterday and respected from rendering their verdict until today. To Wit; ( ) and resuming the consideration of the case were again recited from rendering their verdict until tomorrow morning. Saturday 16th.1850, Same The parties by their Attorneys appeared and the same Jury who were impaneled and sworn in this case on yesterday and respected from rendering their verdict until today. To Wit; ( ) and resuming the consideration of the case were again recited from rendering their verdict until tomorrow morning. Monday 18 March same The parties by their Attorneys appeared and the same Jury who were impaneled and sworn in this case on yesterday and respected from rendering their verdict until today. To Wit; ( ) and resuming the consideration of the case were again recited from rendering their verdict until tomorrow morning. Tuesday Morning 19 March 1850 The parties by their Attorneys appeared and the same Jury who were impaneled and sworn in this case on yesterday and respected from rendering their verdict until today. To Wit; ( ) on their oath do say that the paper presented in this case, purporting to be the last will and testament of Loyd Ford, deceased, is his last will and testament and which is in the words and figures following to wit;( Loyd Ford's Will Written here) There upon the defendants by their Consol. moved the Court of a rule on the plaintiff to show cause why a new trial of the issue of this cause should not be granted which rule is allowed and continued over for argument before the Court. Wednesday 20th day of March 1850 John Ford and other persons of Color by their next friend Phoebe Stuart. Vs. Grant Ford, James Ford and others. The parties by their attorneys appeared and on consideration of the rule heretofore allowed to show cause why a new trial argued by the counsel and the Court being well advised in the subject. It is considered by the Court that said rule be overruled. It is therefore considered by the Court that the original will sent up to the circuit Court from the Co Court of Washington Co, and which was sat out in the finding of the Jury on the record of this Court on a former day of this term is the Last Will and Testament of Loyd Ford , deceased, and that the same is valued as such and the verdict of said Jurx and the judgement of the Court upon the validity of said will shall be certified by the Clerk of this Court and said original will so established and sent back to the Co Court of the Co of Washington to be recorded and to have lettered testamentary or letters of administration granted and all other things there done. necessary to have said Will carried into effect. It is further considered by the Court that the Plaintiffs by their next friend Phoebe Stuart recover of the defendants Benjamin Ford, Loyd Ford , Grant Ford, Alexander Ford, William Ford, Enoch Ford, Thomas Ford and James Ford together with John Jackson and James Jackson securities of the defendants in the Bond of five hundred dollars given in the Co Court of Washington Co on the 9th day of December 1943 for the persecution in the Circuit Court of said Co of Washington with condition that if the defendants should successfully contest the last Will and Testament of Loyd Ford, deceased or if they should fail, they will and truly pay all cost and damages which might accrue in said Circuit Court, in said contest about said Will, or the amount of five hundred dollars of the cost of this cause and that the plaintiffs by their next friend, Phoebe Stuart recover of the defendants alone the remainder of the costs of this cause on behalf of the plaintiffs. From which Judgment the defendant Grant Ford, along preys an appeal in the nature of a Writ of Error to the next Supreme Court to be held in Knoxville on the second Monday of Sep. Next. And he having taken the oath prescribed by law for poor persons, the same is allowed him. . The plaintiffs by their Counsel wit; the view of showing that he ought not be allowed to prosecute said appeal as a pauper, proposed in open Court to interrogate him as to whether or not he was a owner of lands and Slaves at the time when the defendant expressed his intention in the Co Court of Washington to contest the said Will and cause the same to be certified to the Circuit Court of said Co for the purpose of having the issue made effective in this Court, the plaintiffs offered to prove by the said Grant Ford, that the 31th day of August 1846, he had executed a deed of Conveyance to Alexander Ford for 42 acres of land which was registered in the Register office of Washington Co on the 12 day of Sep. 1846, and at the same time the said Grant Ford made a bill of sale of Slaves To Loyd Ford, which was in like manner registered and at the same time. Thomas Ford, one of the defendant had made a deed of Conveyance for 42 acres of land to William Ford and that on the 5th of Sep. 1846 the said Grant Ford and Enoch Ford, another one of the defendants, had jointly made a deed of conveyance to Loyd Ford for 78 acres of land in said Co of Washington which was registered in said Co on the 5th. of Sep. 1846 and that all of said conveyance were fraudulently made with a view to void any liability for costs in this case. But the said Grant Ford, by his Counsel objected to this examination and to the proof thus offered to be made and the Court decided that the Plaintiffs could not examine the said Grant Ford, and make said proofs by him to which opinion of the Court as well as to the opinion of the court in allowing the said Grant Ford along to prosecute his appeal to the supreme Court, as a pauper, without the pauper oath being taken by the other defendants. The Plaintiffs by their Counsel except in law, they having object to the appeal being granted to Grant Ford alone before the same was allowed by the Court. And thereupon the said Grant Ford by his Counsel ask the Court to allow him in the name of the other Defendants to pray an appeal to the Supreme Court which the Court refused, as they were not here in person to prey said appeal, or take pauper oath, or give bond and security for costs, and because the said Grant Ford did not produce a affidavit. and failed to produce to the Court any evidence whatsoever of his authority as agent of the Co Defendants on demand or prosecute said appeal in their behalf. John Ford and others by best friend Phoebe Stuart vs. Grant Ford and Others Grant Ford, one of the Defendants in the cause makes oath that owing to his poverty he is not able to bear the expense of the appeal which he is about to present to the Supreme Court at Knoxville that he is not able to give Security for said appeal, that he is justly entitled to a recovery in this Case to the best of his belief and that said cause is in the jurisdiction of the Court to which he has preyed said appeal' Sworn, subscribed March 20, 1850. Signed Grant his mark Ford Plaintiffs Bill of Exception at March Term 1849 Alleges that the Defendants were guilty of ?.The Court refused to allow the motion. Exhibit 3 In the above case now pending by change of Venue in Circuit Court of Johnson, we agree that the Cause shall be continued at noon term 1847 and that a general order shall be made authorizing either side to take depositions on giving the usual notice , to Phoebe Stuart on the one side or Grant Ford or either of the Defendants on the other side, 29 October 1847. Bill of Exception by Defendants at March Term 1850, No. 1 Be it remembered that on the trail of this cause by change of Venue, in Circuit Court of Johnson Co Tennessee, at the March Term 1850. Of said Court the Defendants by their Counsel after the Jury was sworn in open Court notified the Court and the Counsel to the plaintiff that R G Hale, Sarah Hale and Elizabeth Jane Hale subscribing Witnessed to the Will hereto , marked as exhibit A to R G Hales deposition in Court obedience to the satisfaction of the Court issue at the instance of the defendants and thereupon the plaintiffs tendered to Delfts Counsel and demanded from them a list od witnesses. Plaintiffs called Matthias Kerns who was sworn and defendants called among others Robert G Hale, Sarah Hale, and Elizabeth Hale with the special qualifications annexed to their names upon the list furnished by Defendants and a notification to the Court thereof to Wit Robert G Hale, Sarah Hale and Elizabeth J Hale, the three last named for the purpose of cross examination and to require their examination by plaintiffs in Court The Plaintiffs and Defendants witnesses including said Robert G hale, Sarah hale and Elizabeth Hale were then sworn and sent out, and the plaintiffs offered to read the depositions or Robert Hale, Sarah Hale and Elizabeth Hale, subscribing witnesses to the Will, to the reading of which deposition, the Defendants by their Counsel objected and the Court overruled said objection, but stated that the Defendants might examine said Witness personally in open Court if they saw proper. To which opinion of the Court in permitting said deposition to be read to the Jury the defendants by their Counsel except and tender this Bill of Exceptions which they prey may be signed, sealed and made part of the record the same is done. Seth I W Lucky Judge Defendants Exception No. 2 March Term 1850 When the plaintiffs had read the deposition of Robert Hale until the cross examination had been reached thereupon the Counsel for the defendants moved to introduce Robert G Hale in person ans substitute his personal examination in open Court in place of his cross examinations in the deposition and the Counsel for the Plaintiffs having waived any exceptions in the introduction of the Witness at this stage of the cause. and thereupon the Court decided the Counsel for the Defendants might introduce said Robert Hale and examine him in person but the Court refused to announce any opinion as to the effect of this introduction whether by that act he became the Witness of the defendants or not but reserved that point for further consideration and thereupon the Counsel for Defendants declined to introduce Witness at this time and tendered a Bill of Exception to the opinion of the Court which is signed sealed and ordered to be made part of the record in Court, Seth J W Lucky Judge Exhibit A The Defendant in this Case, Grant Ford, James Ford, Loyd Ford, Alexander Ford William Ford, Enoch Ford, Thomas Ford, Benjamin Ford, William Jackson, Loyd Jackson solemnly swear that owing to poverty they are unable to bear the expense of this suit and to comply with the rule of Court obtained on them at the last term of this Court by which rule they are bound to give security on the second day of this term in the sum of two thousand five hundred dollars, these Defendants truly believe that they are justly entitled to appeal in this Case of which the Court had jurisdiction, and they further believe that the rule was obtained on them for the purpose of depriving them of having this case tried on it merits, and to prevent them from showing that the Will under which the Slaves of Loyd Ford claimed their freedom, which is the subject matter of this suit is a forgery, and that it is to be supported by a person whom they believe to be bribed by the Negroes, they therefore ask to defend this suit without giving security, as they have attempted. to procure security but have been unable to do so. Sworn to in open Court 22 Feb 1847 Thomas Ford, Grant Ford, Loyd Ford, Alex Ford, James Ford . Wm Ford Enoch Ford, Benjamin Ford William Jackson , Loyd Jackson. Exhibit No 1 Robert G Hales Disposition Loyd Ford in his lifetime executed the paper now shown me disposing to be his last Will and Testament. At the time it bars date I witnesses it in his presence and at his request we executed said Will. He held the top of the pen while i made the mark He acknowledge it to be his will at the time he made his mark. I wrote the Will and read it to him twice. The first time I read it with no one present but Mr Ford and myself. I rerad it in a loud voice, clear and destinist as I was able, we then went back in the presence of my family and there I read it again in their presence. It was then that he executed said Will by making his mark and acknowledging , I wrote the Will at his request. I had been frequently requested to write hs Will M Ford died sometime in the year 1843. To the best of my recollection. I had written two Wills for Mr Ford prior to this Will. I think I wrote the first Will for Mr Ford some time in March 1835, and the second one in April 1835, I may be mistaken in these dates but I think I am correct. When I wrote the second Will there was something said by my father, Amon Hale about destroying the first Will but I am not certain whether he had both Wills then or not, or whether the first Will was home. At all events, neither Will was destroyed in my presence. Before I wrote the last Will Mr Ford applied to me at least twenty times before I wrote it and assigned to me the reason, that the second Will was stolen with a purse of money. The third Will was written at my house. I lived about one and a quarter mile from Mr. Ford. I wrote the Will as near as I could as Mr Ford dictated. I read it to him and he said he was satisfied with it. The Will was executed in the presence of my wife, Sarah and my daughter, Elizabeth Jane. Others of my family might have been present, but they were small. After he Will was executed and witnessed and before it was folded up my son Jesse W Hale come in and told I told him this was old mans Ford's Will. My wife Sarah made her mark to the Will as I witnessed. I believe my daughter also made her mark. I have known old man Ford from the time I have known anything. The first conversation I had with Mr. Ford about writing wills was when I wrote his first Will in March 1835. In writing that will he freed a little girl, named Martha, the balance of the Blacks in that Will he wished divided between his sons and his daughters. He cut out the kin of any of his daughter that were dead with the exception he gave them one dollar. I converse with Mr Ford before I wrote the first Will to see if his mind was strong enough to make a will and I thought it was. The old man .at the time he was importing me to write the last Will. said the law was so that he could not face his negroes at all but he finally understood that the laws were so fixed that if he would leave them some land to live on that he could free them and requested me to write a will to that effect. The Will was written in accordance with what he understood to be the law as near as I could write it. Mr Ford expressed a desire in each of the Wills to disinherit the Jacksons. Edy was the Mother of Ned, Lark, . Peg was the Mother of John, as well as I recollect. I was less acquainted with John than any of the rest. I have heard Mr. Ford say that of the two sets, the black and white, that the blacks were most Honorable. I never heard Mr. Ford say that the white children might whip the black children. I have heard the old man say that if any one would show him a mark on any of the blacks, that they might have him. I think that John has lived away from home about one or two years. Lark and Ned lived on the farm at home and were permitted to own stock of their own and trade for themselves, as I have learned from the boys and from rumors in the neighborhood. In a conversation I had with Mr Ford and my father a year or so after I drew the last Will,. He said to me, "Bob, What better can I do with my blacks than to give them to my children"? I said,"Mr. Ford, have you forgotten you have made a Will"? He said"No, you have it I suppose, I will be up after it in two or three days", at which time I thought the old mas a little intoxicated. Some months before the old man's death I was at his house and while I was there Mr. Isace Mulky came there, and I thought the old man knew him, talked to him and set down to dinner together and Mr Mulky got done eating and left the table and Mr Ford turned to me and asked me who that was?. I told him it was Isac Mulky. At the time I thought that his mind had left him. Some months before the old man came to my house late in the morning. He appeared to be in distressed or alarmed more than I had ever seen him in my life. He asked me for his deed. I told him I had not his deed, I had his Will. He said he wanted it, I told him to go to his son Grant, or old James Arterburn and come and get it in the morning. He still insisted for it. I told Sarah my wife to go and get the old man's Will. She brought a paper that she said sometime later that it was a school article and told the old man that was his Will. He told Sarah or myself to throw it in the fire and it was burned, It was thrown in the fire by my wife or myself. He then said he reckoned that they would be satisfied now, that Loyd had drawn him there with a stick, the rascal ought to have been in the Pen twenty years ago. He said that Loyd had threatened to beat him with a stick if he did not go and get that paper. Two or three days after his death of the old man Ford I was at his house. Grant , he appeared to be the foreman said that he wanted them to inter into some agreement having they should get along with the matter There were present some ten or fifteen of the heirs and connections of Loyd Ford , there might have been some of the neighbors in and there might have not been . I cannot recollect I was asked by Grant Ford to make a statement on the Will, I stated that I had seen a paper burn, but when I am called up in the Court House, as I expect you will have me, I, then will tell the whole matter, The reason I did not make a full statement of the matter is that I was there in the midst of the Ford's and I thought that it lead to a fight.. Mr Haile, please state whether or not on one occasion you told Thomas Ford, one of the defendants, that one Billingsley had asked you if you had old mans Ford's Will (and that he, Billingsly) indented to have the Will as the Fords would give him $40 or $50 to get it. And if so, state all that took place on that occasion and what reply was made to you by Thomas Ford I told Thomas Ford that I had a conversation with Billingsly, that Billingsly asked me if I had old mans Ford's Will.. I told him that I had. He said he meant to have it for Grant's son J?.would pay him forty or fifty dollars for it. You must not say anything about it. We were riding along the road together. Thomas Ford disputed it or said he new nothing about it. On the day that my father was buried, Grant Ford told me that I must make the Negroes ?. or get the Will, or he would prosecute as far as law would carry it. Please state if from the manner of the Fords you understood them as threatening you for the purpose of trying to gain your compliance with this request. It was my impression at that time, it was made for that purpose. Are you acquainted with plaintiffs in this case and if so please state what is the character for good behavior and honesty. I am acquainted with the boys and they have the character of being good honest and industrious citizens. This question and answer is objected to by defendants counsel and same is referred to the Court. Please state whose children the Plaintiffs in this case are reputed to be .Report say that part are the old man's and part the old man's sons. State if you know of anyone purchasing an interest in the Negroes in Controversy since the commencement of this suit and anything know touching said contracts. (The foregoing question is objected to by the Counsel for the defendants and is refereed to the Court) Docr?. James H Vance and Grant Ford told me that Docr. Vance had purchased Enoch Ford interest in this suit Upon being cross examine and interrogated by the Defendants Counsel , Witness (Robert G hale) states in substance as follows. By the consent of the parties the further taking of the deposition is deferred till tomorrow morning. W H Smith Commissioner July 22nd, 1848. Mr Ford never named the Will to me after burning spoken of at my house. Where I lived when I wrote the last Will is a total thick settlement. I wrote all the Wills at the same house I witnesses each of the first Wills and I think my father and one of my brothers were the witnesses of the first Wills, I did not call upon anybody to witness the last Will, I did not think it is my duty to call on any person. Mr Ford called upon the witnesses himself to witness the Will Mr Ford and myself and my wife were present, when the paper was thrown into the fire. I could not state that any person else were present, after the paper was burnt the old man told me about Loyd driving him there to get the Will. When Mr. Ford asked me for the deed, I thought he meant the Will. He asked for the Will repeatedly before my wife gave him the paper.. I tried to put him off, but could not. I told my wife to bring the Will. She brought a paper, My wife bring it the paper and handed it to the old man and said here, old man, is your Will. He took hold of it and smiled and handed it back to her told her to burn it and I think she put it in the fire, and the old man remarked that he reckoned they would let him be now. I was sitting near the old man. I was satisfied it was not the Will. Mr Ford did not say that he wanted any other paper burnt but the Will at anytime. It was nearly night when the old man was at my house. When I discovered that it was not the Will the reason I did give him it was that he appeared satisfied. I believe Mr Ford could neither read or write. He was about 91 years of age I could not recollect that the paper burnt was different in size or appearance from the Will exhibited> I have no recollection of the blue wafer on the Will. The Will was missed out of my possession before the death of old man Ford. The week after the death of old man Ford my wife showed ne the Will.. This was he first time I had seen the Will since it had been taken out of the chest. I did not know where the Will was while it was missing. My wife and myself had some conversation together about the Will. But she never told me where it was. Question by Defendants. Did you ask your wife is she was going to let Billingsly have the Will (while it was missing and if so did she clear up or exhibit any confusion of contention.? and what did she reply and who was present when you asked her?. The above question is objected to by Counsel for plaintiffs and the same is referred to the Court. I did ask my wife in the presence of my son Jesse if she was going to let Billingsly have the Will. She blushed and seemed to be at a loss to answer, and said no, but Bilingsly had made her such proposition. After the Will was signed and my son Jesse came in I would not say that my son Jesse could write at the time the Will was written, but now he writes a good common hand, my son Jesse lived with me up to the time of Executing the Will. It was after the Will of 1840 was executed that the old man said to me what better can I do with my blacks than leave them to my children, I replied to him have you forgotten that you male a Will. He said No, I am coming up in two or three days after it. I thought the old man was intoxicated slightly fiddled. It was after that the old man came to my house and requested to have his Will burnt. in the conversation that he told me that he was coming up in two or three days I thought that he was not alarmed, but in his usual high spirts. In the conversation at old man Fords, two or three days after his death, at the meeting of the home of the old mans to settle up his estate, I do not recollect that any of the Ford's ask me if I had a Will of old man Ford's I do not recollect that any of the Ford's ask me if I had any knowledge of a will of the old man. I did not tell Grant Ford or any body else that there was no will of old man Ford's. I don't recollect that I ever told any person that there had been a will of old man Ford's but it had been burn. I never told James Arterburn or Enoch Jobe that nor any other person i had burnt old man Ford's Will I never told Michajah Hale, Lydia Hale, his wife, John Hale, nor Jefferson Ford alias Jonathan Ford or Wm Hulse that I had burnt old man Ford's Will with my own fingers nor that said Will had been burnt I never told John Jackson or anybody else that the school article was burnt. That I had burnt the Will between two ? When the conversation took place that Grant Ford said he would persecute, Micajah Hale was present, I have no recollection where I got the paper to write the Will upon, which Exhibit A to this deposition is written. Cross examination by the defendants Counsel being closed. Witness upon being interrogated by plaintiffs counsel examination in substance went as follows; In the conversation I had with my wife about Billindsly wanting to get the Will my wife stated that Billingsly said he wanted to get forty or fifty dollars for the Will if he would get it and James Ford's son, Grant was to pay the money In the conversation at the old man Ford's house two or three days after hs death there were a good deal of conversation about the different Wills of the old man, there was a good deal of feeling exhibited I don't recollect any specific statement as I have stated in my examination in chief I waived all questions that was put to me that I thought would lead to a fight and I did not pretend to remember all the questions that was put to me. I once stated to James Arterburn after the death of old Ford that he came to my house and told me to burn the Will. I don't remember of having told had any other conversation with James Arterburn. I once in a conversation with Micajah Hale told him that Mr. Ford in his lifetime had told me to burn the Will and that there was a paper burnt, as explained in my examination in chief, and at his request. It was all done in the presence of Loyd. I knew Loyd Ford since I have knew anyone and he often told me he wanted his blacks freed and his property divided as he directed it to be done in his Will. After the Will was written, signed and witnessed, Robert hale handed it to the old man Ford and he put it in his pocket and it remained there some time. He sat some time and deemed to be in some distress of mind, and said if he took the Will home he would not get his will done now, He said that the other Will which he had taken home his boys had found and destroyed, if he took this one home it would be destroyed too and he would not get his will done now, , he asked my husband to keep it Exhibition No 2. Sarah Hale Deposition Loyd Ford made a last Will and Testament at our house which was written by my husband, Robert G Hale. The Will was read to him before he made his mark and after making his mark he acknowledge it to br his Will I witnessed the will by making my mark in his presence and at his request, the way the will read as I understand it was the Loyd Ford freed his Blacks and gave them the place if they stayed on it, but if they did not, then Thomas was to have the upper part and Benjamin the lower part, the balance of the property was to be equally divided among his children , except William Jackson was to have one dollar and Rebecca Jackson one dollar. Though as to the other part of the Will, my memory does not serve me exactly. The paper was read over to me and marked as Exhibit A .and attached to R G Hales deposition is, as I believe, the same paper which was read over to Loyd Ford and which was acknowledge by him as his last Will and testament and witnesses by me as above stated. The Will is not the same fold now as it was while in my care. While it is in my care, it did not have any writing on the back of it nor was any appearance of a blue wafer on it as is now shown to me. The Will has on the back some writing, which I am told reads as follows Loyd Fords Will Exhibit A to Robert G Hales deposition, Wm Smith Commissioner. This writing was not on the Will while it was in my keeping. The will was also Witnessed by my daughter Elizabeth Jane hale. He wrote my name and I made my pen mark and I think he made Elizabeth's mark in hers presents and at her request. It was all done in the presence of Loyd Ford. I knew Loyd Ford since I knew anyone. And he often told me before the Will was made that he wanted the blacks freed and his property divided as he dictated it to br done in his Will. After the Will was written, signed and witnessed, Robert G Hale handed it to the old man Ford and he put it in his pocket and it remained there sometime, He sat some time and seemed in some confusion of mind and said if he took the Will home he would not get it done now, He said that the other Will which he had taken home his boys had found and destroyed , if he took this one home it would be destroyed too and he would not get his Well at last. He asked my husband to keep it and he left the Will with hi. The old man was in his sound mind when he made his Will above stated. He told my husband as he was writing the Will what to put in it. The Will was written as the old man directed. The Will was kept in the till of the chest until John Billingsly wanted to buy it before the old man's death and then I put it in another place. I put it over my bed, underneath the planks that were over the joyce over in the corner of the house next to James Arterburn and kept it there until I brought it to Jonesboro, at the time I was examined as a witness in the Co Court to prove the Will. Some time after the Will was made, probably two years, Loyd Ford came to our house and said his son Loyd had drove him to the back of the hill near our house, and threaten his life if he did not lift the Will, He said that Loyd had followed him with a club and he was afraid that he would kill him if he did not get the Will. My husband told him that he did not wish to give him the Will unless he would get eyewitness to see it done. As he had kept it so long My husband said he would be in danger to give up the Will because Mr Ford had employed Gillespie to carry out his Will after he died, and that Gillespie had seen and read the Will. The old man still insisted on getting it, My husband told me to go and fetch the Will and knowing as I did that Gillespie had seen it and read it I went and brought an old school article. The old man Ford took it and looked at it, and then looked at me and shook his head and sort-of laughed. He said "Bob put it in the fire and burn it. .Maybe it will satisfy them". Robert put it in the fire and burn it. When the old man first came there that day he did not appear to be himself, he appeared as if he had been drinking, staggered sort-of fell against the house. In a short time after that the old man rode to the lane and asked if Bob was home. I said No, Mr. Ford. He asked me if he had his Will yet. I told him we had it, He said too me, keep it and do what he said do with it, which was to give it to Gillespie when he died. At the time(when the old man came to the house Loyd Ford appeared to be sober and of as sound mind as I ever saw him. I believe that was the last time I ever saw him. The old man told me for several years before the Will was drawn and since, that he intended to free his blacks and that they should not serve anyone after his death. I told him he ought to leave them to his children and he said he did not want one set of his children to serve the other, that he had two sets of children, and that the black set was the smartest of the two. It had been a neighborhood report for a great many years that some of the plaintiffs in the case were the children of old Man Ford and his sons. Of the plaintiffs, Ned, Peg, Rhoda, and Lark were always said to be Edys children and Edy belonged to old Loyd Ford. John's mother was named Peg, who also belonged to old man Ford. I was acquainted with Mrs. Ford who died some five or six years ago, at the age between eighty and ninety years,. or several years before her death she was very much afflicted, she had Rheumatism. His youngest son is named Benjamin and is now about thirty or thirty two years of age. Of the Plaintiffs, John , Ned, Lark, Peg, and Rhoda are mulattoes, and most, if not all the children, Peg, Rhoda are mulattos. I was intimately acquainted with old man Ford and his wife, and frequently visited them. Peg , one of the negroes who is one of the plaintiffs carried the keys with the exception of the key of the old ladies hair trunk and the old man told me that he allowed them to do as they pleased with his property, that he took nothing from them. The old man told me that he had got from John, one of the plaintiffs one hundred dollars at one time, and frequently got money from him at other times but he would not take all that John earned, I was present at one time when my husband showed my brother Mattheas Keeen? The Will hereinbefore mention . As well as I remember this was after the school article was burned and before the old man Ford's death. Leroy Hale, who was examined as a witness and is now dead was once at our house when the old man Ford said that he intended to free his Negroes. I remember that Grant Ford Negroes Joe came to our house one night after the old man Ford died, Richard Hale, Leroy Hale, and Sam Perry were there. My husband did not go out of the house that night. Sam Perry had left his wife as she says and is gone off with another woman. Jesse Hale, my son come in the house just about the time the Will was folded I think old man died in the fall of the year 1843 in this Co. Cross Examination There was no person present when the Will was executed but our own family. It is a thick settled neighborhood where we live about one and one half mile from where the old man Ford lived at the time of his death. Exhibit No 3. Elizabeth Jane Hale Deposition Old Loyd came to my father to get him to write a will for him which he did> I heard my father read the Will to him and the old man said it was all right. I understand from the reading of the Will that the old man directed his Blacks to be freed and to stay on the place. The Will now read to me which is marked Exhibit A to Robert G Hales deposition reads as I heard it read on the day I witnesses it I have frequently seen the Will in the till of the chest of my father's and several times have had it in my hand. I believe the said Exhibit A is the same paper except that it is not in the same fold, and it has some writing on the back od it which was not on it when it was in the till of the chest, and the appearance of a blue wafer on the back which was not then on it. The writing on the back which was not on it when it was in the till of the chest is, as I am told by Wm H Smith the following words, Loyd Ford's Will Exhibit A to R G Hale's deposition Wm H Smith Commissioner. I witness Exhibit A in the presents of Loyd Ford and at his request my father wrote my name at my request and when I went to make my mark he made the mark but I held the top of the pen when I made it. I think I started when on the second trial of this I requested my father to make my mark and that he did so and I think I forgot to state that I held the top of the pen. My father and mother both witnessed the Will in the presence of Loyd Ford and at his request my father wrote his own name and also wrote the name of my mother and my own, but my mother made her own mark, I also saw the old man Ford make his mark by holding the top of the pen in father's hand, I heard old man Loyd Ford acknowledge Exhibit A. to be his last Will and Testament, and he said it was all right.. I never saw Exhibit A after I was examine in the Co Court nor have I seen it since. I was examine in the Circuit Court until I came and give my deposition here today,. I have known old Loyd Ford ever since I recollect knowing anyone and have no doubt but that he was of sound mind and memory at the time he made the said Will. After the Will was written and acknowledge by old Loyd Ford, He told my father to keep it that if he took it home some of his boys would steal it from him, I have heard Loyd Ford ask ny father if his Will was there after the day on which the Will was made and also heard him tell my father to keep it for him. Loyd Ford was at our house after the school atrial was said to have been burnt (though I was not present when it was burnt) I heard him say that he wished father to take care of his Will. He was then sober and I thought him of sound mind and memory. Cross Examination There was no person present when father wrote old Loyd Ford's Will but our family. It a tolerable thickly settled neighborhood where we live and where Loyd Ford lives. I think I was examine in Co Court December term in 1843 I did not state in the presence of George Couch and others that I had never seen this Will to with three or four weeks of the Co Court at which I was examine or any other time make such a declaration. I am not acquainted with George Crouch but what I did say in one of the lower rooms of the old Court House was that I had not seen the Will after mother put it away until some time two or three or some short time before I was brought and examine in Co Court. The foregoing depositions were taken at the Court House of Jonesboro before Wm Smith Commissioner commencing on the 21 day of Feb. 1848 The plaintiffs were present by their Counsel all the time by letting A R Nelson Or Barton and the defendants were all the tome present by attorneys John A Ackin or James W Deaderick Bill of Exception No3 March Term 1850 Be it remembered that on the trial of this cause the plaintiff offered to read to the jury the depositions of Robert Hale, Sarah Hale and Elizabeth Jane hale subscribing witnesses to the papers purporting to be the last will and testament of Loyd Ford, deceased, to the reading of which defendants by their Counsel objected but the Court overruled the objection and permitted the said depositions to be read to the jury. The defendant admitting that said depositions were taken under a lawful order of this Court and under a proper commission and notice and under a agreement hereto announced, Which dispositions are marked Exhibit No 1, Exhibit No. 2, Exhibit No. 3 respectively, to which opinion of the Court, the Defendants by their Counsel excepted and tendered a bill of exception Marked Bill of Exception Def March 1850 No.1, which was signed sealed and order by the Court to be part of the record. The defendants also tendered the bill of exception here annexed marked No.2 but they did not at the time of tendering the bill of exception or at any time during the progress of this cause actually bring Robert Hale, Sarah Hale, Elizabeth Jane Hale into Court upon the witness stood and offer an examination of either of sais witness although the plaintiffs Counsel repeatedly proposed in open Court that the defendants might at any stage of the cause introduce and examine personally in open Court all or either of said witnessed. The plaintiffs declined to examine said witnesses personally because their depositions had been taken by consent and because the defendants by their Counsel had attended and cross examined each of said witnesses. The plaintiffs then offered to read the Paper hereto annexed purposing to be the last will and testament of Loyd Ford, deceased, marked as exhibit A to R G Hale's deposition to the reading of which Defendants by their Counsel objected. But the Court overruled said objection and permitted it to be read to the Jury and the plaintiffs here rested their cause. And the defendants then introduced and had sworn a wwitnesses in said causes William Hulse, who stated that he waas acquainted with the general character of Robert Hale, having known him ever since he was a boy and that he could not from knowledge of his general character believe him on oath. That he was acquainted with the general character of Sarah Hale and could not believe her on oath if all they said about her was true, I am acquainted with the general character of Elizabeth Jane Hale and could not believe her on oath. On cross examination Witness states he never had any differences with Robert G Hale and never could believe him on oath since he was of age. I would have believe Hales wife and daughter before the institution of the suit. I have not heard as much about them from the Fords as from other persons. I would from my knowledge of the general character of Sarah Hale and Elizabeth Jane Hale have believe them on oath within the last two or three years . I would have believe them on oath before the commencement of this suit. Joseph Clark the agent of the defendants is now here and I heard him talking this suit and Andrew Wilson in Court since the commencement of this term in company and charging that R G Hale had forged the Will I have heard John Bouzer and Old George Bouzer say they would not believe R G Hale on oath , also James Arterburn. The defendants then read the following dispositions except those parts which detailed conversations of Robert G Hale and Sarah Hale which parts of the said depositions were offer to be read but the upon objection by plaintiffs to the reading of said parts of depositions that only such parts of said depositions as related to conversations with Robert G Hale Sarah Hale and Elizabeth Jane Hale as to which the said witnesses had not been property interrogated should be excluded from the Jury. But that all the other parts of sais deposition should be read in evidence to the Jury and the following depositions were read. Evidence for the Defendants More than one hundred and eighteen dispositions were read to the Jury. In substance they were saying they could not believe Robert G Hale, Sarah Hale and Elizabeth Jane Hale on oath. Owen C Smith No 4 Owen C Smith Deposeth and sayeth He has heard roboert G.Hale Spoken of since he was 15 years old and he has known him since 1844 and from what he knows and had heard if they ate true and he believes the report he could not believe him on oath. On Cross Examination by plaintiffs Counsel witness states he heard Enoch Ford say he had sold his interest in the negroes in dispute to Dr. Vance. To the above testimony as to the sale the defendants objected by their Counsel. Martha Smith NO. 5 Has seen Robert G Hale once before but has no personal acquaintance withhim, but has heard him spoken of almost every since hshe can remember. She has heard his character spoken o for five or six years back. Witness states she has heaerd the character of Saarah Hale and Elizabeth Jean Hale mch spoken of forfive or six years back and she would not believe them on oath if they are the kind of persons they are said to be. Witness heard the reports from respectable persons and witness says she supposed they told her the truth about them. The Counsel for Plaintiffs objects to the testamony of Mrs Smith from personal knowledge and from the fact that Sarah Hale and Eliabeth Hale have not been examined in this case. On Cross Examination Witness states she has heard of Mr hale eevery since she can remember but has heard much more since she came to this neighborhood. Witness states heard character talked of frequentlyy before she came to the neighborhood. Witness states the reason she has heard more about them since she came to the neighborhood is because she has came nearer them and that she has no other reason. Ira Copas No. 6 I am acquainted with Robert Hale and Sarah and Elizabeth jean Hale. And he is acquainted with their general character and from this general character, as spoken of by the neighbors and the people, he could not believe Robert hale and Sarah Hale. As to Elizabeth Jane Hale, he does not know enough about her to state. Witness states he was raised up in the neighboorhood Of R G Hale. The Counsel for the Plaintiffs objected to any testamony being given as to the character of E J Hale and Sarah hale befo9re the answers were sat down and do now object to any further testamony that may be given before the suceeding depositions on the grounds that they have not been introduced and sworn and witness and also to the testaamony as to conversations with Mrs Hale and daughter in the cause and refer the same to the Court to determine. On Cross examination Witness witness sataates he has heard them speak of their knowledge of the business character of R G Hale and wife and men ehich I could believe . Witness states he has heard more said about the character of R G Hale and wife say within the last four to six years than formally. Witness states he was acquainted with Loyd Ford, dec. And hadfrequent conversations with him about his Slaves and heard him frequently say they were good boys and I have heaard his boy Ned, the old man charged me not to abuse him. He had never done so himself and would not permit others to do it, or words to that import. The old man seemed to be unually tender toward his slaves. Witness states he heard old Loyd Ford tell Lark, his Black Man if he would be a good boy he should not serve any person else. Witness states he has heard Loyd Ford say more than oncehis slaves should not serve any peerson else., but the old man would then be intoxicated. Witness states that it was sumise and suspected that Loyd Ford, Jr was the father of their slaves, but by a ffew persons and that in a crowd. Witness states that he has no bad feelings toward R G Hale. No seerious dificulties has ever exited between us. I once sued Mr Hale and got my money. Mr Deakens once took out a writ for me for service and Mr Hale took a fee from Deakins to aid him in taking the horses back from me. I had purchased two horses from Mr Deakins fairly and he aided me in taking them away afterwards. Mr Deakins becameuneasy and was feaful he would lose his pay. I afterwards at the request of some of the neighbors agreed to give Mr. Deakins back his horses and Mr Deakins gave me up my note. I had hard feeling toward him for taking the fee, but have none at present. On Cross examination Witness states it is a general thing for Masters in Fords settlement is to be kind to their slaves. Other masters were as kind as Mr Ford. Old Charles Jones was as kinid, perhaps kinder. Witness beleives Mr. Ford hired his slavess a good deal about Jonesboro and his slaves had a better opportunity to trade than most other Slaves. Witness states he was raised about twoo niles from Mr. Ford, dec. He does not recolect he ever heard Mr. Ford say his Slaves should never sereve no person else when he was sober except the time above spoken of when he spoke to his boy Lark. He heard that Loyd Ford was the father of the Slaves before the suit was brought. Heard it stated once or twice, but by whom witness cannot remember,. Witness states he heard Mr Ford, dec. Say some of the Negroe rascals had stolen his money and he would sell them eveery one , but the time I cannot recolectmprecisely. I think it was from two to three years beefore his death. It might be a little over or a little under. John Copas jr. NO. 7 Is acquainted with R G hale, Sarah hale and Elizabeth Jane Hale He had been raised within a mile of them all his life except twelve months. Witness states he is acquainted with their general character and from his knowledge of their general character He could not believe them on oath. Wwitness stad that Mr Loyd Ford came to his house and said he had a will wrote but he had been up to R G Hales and had it burned. He had thought he would free his Negroes but they had stole his money and they should not be free. I think it was something like three years before the death of the old msn. It might have been a little more or less. The old man did not appear ti be any way distressed or alarmed but seemed the same old man and as reasonable as he had been. He did not stay long at my house, but rested and got a drink of water. I helped im on his horse and went a piece with him and talked with him all the time. I did not see any difference in the old mans mind but he seemed to be as much of himself as usual. I understood the old man to say He had been at Bob hales and had his will burned that day. My house is right upon the road from R G Hales to Mr Frd's resident. The old man didnot say anything about Loyd Fords driving him to Hales to burn the will that day. On Cross Examination Witness states he lived at the time Mr. Ford came to his house about one half a mile from R G hales and aabout three miles from Mr. Fords. Witness states he heard Mr. Ford talk about his money be stolen two or three times after the time above, /Stated and each time he said his Negroes had stolen it. Nathan R Copass NO.8 Is acquainted with Robert G Hale and Sarah Hale , his wife and Elizabeth J Hale. I have been acquainted since a boy, have been raised within a mile of them. He is acquainted with the general character in the neighborhood and from their general character he could mot believe R G Hale and wife on oath. Should have to believe E J Hale on oath she being a young girl and have not heard so much about her. On Cross Examination witness states he has heard the reports about R G Hale and wife three or four years back. Witness states he has not had a good opportunity of knowing about R G Hale and wife as to their conduct as some of the neighbors. Some few of the Fords live in the neighborhood of R G Hale and some of the Jacksons. Some five or six families live within four miles of R G Hale. I think the reports did in part arise since the commencement of this suit but I have heard reports against his character before the sit was brought. I have heard more talk since I have heard some of the neighbors talk of his acts of their own knowledge stating he had sworn false and others speak of the reports. Harvey Jackson No. 9 Has known R G Hale and Sarah Hale and Elizabeth Jane Hale every since he can recolect anything. He has been raised within a quarater of a mile of them. He ia acquainted with the general character and from my knowledge of their general character from reports i cannot believe them. I have heard those reports from respectable and disinterested men and I believe them. On Cross Examination Witness my Grand Father xxx for a son of Loyd Ford, dec. I have had no reason to doubt the truth of the reports against the character of R G Hale and wife. The reports commenced to circulate directly after the death of the old man but I do not know how long he has been dead. On examination witness states he has heard reports against the character of R H hale and wife beforete death of the old man. The reports reference to in my Cross Examinaation commencing shortly after the death of old man had reference to the reports about his Will. James H Jackson No 10 Is acquainted with R G Hale and wife and lived within a quqrter mile of them ever since I was born. He is acquainted with the general character having heard it talked about ever since he could recolect and from his knowledge of their general character I could not believe them on oath. Thomas Fulkerson Esqr. No. 11 He is acquainted with general character of R G Hale and wife having lived within three miles of them for a number of years and having reports about R G Hale, especially and some about her for the last ten years or there about, and could not believe R G Hale any way and if Sarah Hale was iinterested or associated in any wise I could not believe her. E J Hale , the daughter of R G Hale and Sarah Hale is about twenty years of age or there about from the best information he has and to the character of Miss Hale I heard nothing of her until this suit was brought. But since from what I have heard I would have no reason to doubt her ooath. On Cross Examination witness says he has had such confidence in the reports alluded to as to E J Hale that they would produce doubt. Witness states he believes Slave John from information to be an intelligent and respectable Slave. ( The Defendants Counsel objected to any testamony being given as to the character of John the Slave and refers the samr to the Court) Witness statess that James E Grisham says that he, Grisham had traded for Thomas Fords interest in the Slaves and had paid part of the consideration. This took place at the time Suit was in progress in Jonesboro. Witness understood the purchase was made during the week of Court or shortly before ( To the above testimony as to the sale and purchase of Ford's interest in the Slaves, Defendants Counsel objects and refer the same to the Court) Witness states he forms his opinion as to character more from others rather than from what has arose from the suit. David Goforth NO 12 Is acquainted with the general character of R G hale, Sarah hale anf E J Hale from the opinion of the neighbors express concerning them. Witness states from his knowledge of their general character he could not believe R G Hale, Sarah Hale. As for E J Hale their daughter witness cannot say not knowing so much about her as she is a young girl. On Cross Examination Witness says that he has kniwn Mr. hale and wife and has heard of them ever since he known anything. Thomas Keen alias Thomas K.Hulse No 13 HE IS SOMETIMES CALlED Thomas Keene and sometimes Thomas Hulse. He now lives within three quarters of a mile from R G Hale and have lived since I settled within one mile of R G Hale except five years that I lived about five miles from R G Hale and have known R H Hale, wife and daughter. Witness is acquainted with the general character or R G Hale and wife from rumor, That from what their neighbors say about themthat know them and from my knowledge of their general character R G Hale and wife, I could not believe them on oath. The rumors that I have eard have been told to me by persons of respectibility, and I believe them to be true on hat account, and to as to the young woman she is a young girl and I could not say that I could not believe her. On Cross Examiination witness It has been two years as well as he can recolect that he has heard the neighbors talk about R G Hale and wife, Witness states that he has been generally friendly with R G Hale except one time about eight or ten ago. He took out a Writ for me and if R G Hale swore what was in that Writ, I believe he swore a lie. I do not know whether he did sware it or not. I have not had any difficulty with R G Hale since and have no disposition to do him any injury nor any other man that lives. Nathan Jones No 14. Says that R G Hale told him that Loyd Ford came to his house and asked for the Will. His wife brought a paper and Mr. Ford told her to burn it. The old man got on this horse and started and went a little ways and turned back and said, Bob, I will be back in a few days and get you to write for me again. I thiink Bob said it was a school article that was burned. R G hale did not say anything about the old man being scared and excited about Loyd Ford having driven him off to get the willWill. Witness says R G Hale told him his wife did burn the paper. Witness says he has known R G Hale for eight or nine years and has lved within a mile of him during that time and have heard some of the neighbors speak of him and some I have not.I kept a distillery and my neighbors came there I have heard my neighbors speak of the general character of R G Hale and R G Hales neighbors too. From my knowledge of R G hale and his geneeral character I would believe him on oath and the reasion I would believe him is because I know noting of him myself. I WOULD NOT DISBELIEVE ANY PERSON UNLESS i KNEW FOR MYSELF HE SWORE A LIE (The counsel for plaintiff objects to any testimony being given as to conversation with R G Hale and refers the same to the Court) On Cross Examination witness states he has heard old man Ford brag about his Slaves and say how good they were. Think he heard him say he had neveer wipped them, Has heard him say they never should serve any person afer he was dead. Some times very tender to them. Witness stated james Vance told him that he had bought Thomas Ford's share of the Slaves. This he told me when I was tending Court. ( The defendants Counsel objects to the testimony aas to the sale to Vance and refers the same to the Court) On Reexamination witness says that often at the Still House Mr. Ford told it that he did not intend his Slaves to serve any person else and he said that he would sell them every one for they had stole his money and that he would set them free two or thrree times a day about five minutes between times just as like as any way. James Conk No 15 Heard Sarah Hale, the wife of R G Hale a conversation with his wife on the subject of a Will some threeor four years ago. This was afer the commemcement of this suit . Sarah Hale told my wife Robert G hale had sent her dow to get me to ascertain the opinion of the people. As I went about in the neighborhood. My wife said to her if what is said is true Robert is in a bad fix. Mrs. Hale answered if Robert had taken her advice he would not had had anything to do with it. Witnes then replied to Mrs. Hale to be court smart. She was a very great fool for telling all she knew. I learned from the conversation that the opinion to be ascertained was wether the people thought the Will was forged or not.Witness stated he is acquainted with the general character of R G hale and wife and from their general character he could not give them much wait as some. If they had interest or feeling in a suit and I was juor I could not believe them . On Cross Examinatiom Witness from general report and Bob having a suit with me and he went plenty tough. Therefore I cannot believe him . I have been hearig these reports for eight or ten years. James M Wheelock No 16 Is acquainted with the general character of R G hale and his wife and I live and was raised between two and three miles from them and from their general character Witness states he could not believethem Chase Hale NO 17 Is acquainted with the general character of R G Hale and sarah hale. I have lived within a mile of them for say twenty years. Witness states from R G Hale general character I could not believe either of them on oath. Witness is a distance relative of R G Hale and Witness says he is acquqiinted with the eneral character of Elizabeth Jane Hale and from her general characte he could not believe her on oath. On Cross Examination Witness states he believes old Mr. Ford was kind to his Negroes but I heard him say he would sell them all for they had stole his money. But his general conduct was kind to them and spoke favorably of them generallyl At the time he said he would sell them he asked me if I wanted a Negro. Witness told him he could not pay for one. Old Mr Ford said if I would go down he would give me one. Nathan Jones then stepped up and said he would give him three hundred dollars for Tilda. I think it was a girl. I am not ceertain as to her name. The old man looked up and smiled and said Do you think I would sell my own children? And then praised them. Witness is a distant relation of Loyd Ford and R G H ae, not so nigh to Hale. Witness and R G Hale has had two or three joweers, once it was purty warm. On Reexamination witness states he thought that Mr. Ford did not mean that the Slaves were really his children but he thought so much of them that he called them his childrtn. At the time I did not think much asabout it. Witness states he thinks the reason Mr. Ford did not know -- was that he was much intoxicated. This was a ear or two before his death. Witness states he is not interested in the results of this suit and has no unkind feelings toward R G Hale, wife, and daughter. John Kincheloe No. 18 Is acquainted with the general character of R G Hale and Sarah Hale his wife. I live about five miles from and from their general character I could not believe them . Ii have lived where I now lived for thirty eight years. I suppose R G Hale has lived where he lives twenty years and I have known him all that time. William Jones No. 19 Is acquainted with R G hale and Sarah Hale, his wifw. I have lived near them within three and four miles from them for thirty years. Witness is acquainted with the general character of R G Hale and Sarah Hale his wife and from this general character witness could not believe them on oath. On Cross Examination witness says he has heard that R G Hale is employed in a suit by sanic? Negroes suing me for their freedom but of this I have no knowledge of my own. John Grimsey No. 20 Is acquainted with R G Hale and Sarah Hale, his wife and Elizabet Jane Hale. Have lived within three or four miles of them for almost thirteen years. Witness is acquainted with the general character of R G Hale, Sarah Hale,and Elizabeth Jane Hale and from general chacthe witness states he would not believe them on oath. On Cross Examination witness states he is a very distant relation of the defendants in the suit. Not as near as second cousins. Thomas Copass No 21 Is acquainted with R G Hale and Sarah Hale, his wife and Elizabet Jane Hale and has known them for ten or twelve years> has lived within a mile of him during that time. Witness stqates he is acquainted with the general character of R G Hale and Sarah Hale and witness states from the general character he could not believe them on oath. Elizabeth jane hale is a young girl and unmarried. William Crawford No 22 Was present at R G hales house after this suit was brought but before the trial. Shortly after the Will was provem Mrs Sarah hale stated in presence of R G Hale that old Mr Ford had once came to their house, that is R G Hale's house to get his Will and she told him it was burned. She afterwards said she burned a school article and made the old man vbelieve it was the Will and the old man said "Well, honey, that will do" and she did afterwards rather contradicted herself and said she burned the Will. After talking on some time R G Hale told his wife to hush that she was always talking too much. Witness states he is acquainted with the general character of R G Hale and Sarah Hale his wife and from their general character, from what good men say about them I could not believe them. I have lived about two miles from and have known them for about twenty years. ( /the Plaintiffs Counsel objects to the Testamony as to conversation with Hale and wife and refers the same to the Court) On Cross Examination witness states that he and R G Hale has not had any difficulity between them lately but when he was a boy he was working for Mr. Hale and Hale wanted to hector? Over him and he would not let him. But has not now nor has he had for ten years back any difficuly with him , no hard feelings toward him. Witness states he is the son in law of Mr Jones and is related to Jones otherwise who is defending a suit in Sullivan County for some Negroes, and lately I have understood R G Hale is acting for the Negroes, but Jones and myself are not now friendly. He has made his will and left me nothing as I understand. He has not been friendly since I married his daughter. I have nothing against Mr. Jines. Witness states the whole conversation mentioned in my deposition presents its self in a confused condition to my mind in the conversation Mrs. Hale condradicted his self two or three times. Now it may be possible that Mrs. Hale might have made a mistake in meaning the paper burned but I have stated the conversation just as she spoke it and Mrs. Hale in addition to the contradiction stated in my deposition did contradict her self in stating she did burn the school article and the last time she spoke of the paper she called it a school article. Abraham Cose No 23 Is acquainted with R G Hale , Sarah Hale, and E J Hale live about three or four miles from them and is acquainted with the general character and from knowledge of their general character he would not like to believe them on oath. On Cross Examination witness states he did not hear much said about the character until he returned from Jefferson which is about three years. Isaac Fulkerson No 24 Is acquainted with the general character of R G Hale and from his knowledge of his general character he could not believe him on oath. Jeremiah Cose No 25 Is acquainted with R G Hale, Sarah Hale, his wife and from his knowing of their general character , he could not beieve them on oath. Witness states that he has been acquainted with them upwards to twenty years and raised in the same neighborhood and lived within five or six miles of them and now lives four or five miles from them. Matison Grimsley No 26 Is acquainted with R G Hale, Sarah Hale, his wife and from his knowing of their general character , he could not beieve them on oath. He has been acquainted with R G Hale for eigh or ten years and has lived from Mr. Hale four or five miles. On Cross Examination witness ststes he is distantly related to the defendants in this suit. David Gibson No 27 Is acquainted with the general character of R G Hale and from his knowledge of his general character if reports be true I could not believe them on oath. On Cross Examination witness states he heard Enoch Ford say he had sold his interest in the slaves in dispute to James H Vance. The defendants counsel objected to the testimony in the cross examination and refers the same to the Court James Jones No 28 Is acquainted with the general character and from his general knowledge of his character he could not believe him on oath. I have lived about two miles from Mr Hale all my life and ai have not heard the neighbors say anything against Mr Hale. On Cross Examination witness says he does not know of the Fords selling their interest in the Slave dispute. Witness says he is the son of William Jones against whom the suit is brought in Sullivan County by his Negroes. David L. Gibson No 29 Is acquainted with the general character of R G Hale and wife and daughter Elizabeth Jane Hale from reports from his knowledge of their general character he could not believe them on oath. If reports be true and witness states he believes the reports having heard them from respectable persons in whom he had confidance. On Cross Examination witness states he believes all the reports he heard they having come from respectable persons. Witness states he did not hear his close neighborss but heard a good many around about through the neighborhood where witness lives speak of them. Witness says he heard Enoch Ford say he had sold his interest in the Slaves in dispute to Dr. Vance. ( The Defendants Counsel objects to the testimony about the sale of the interest in the negroes and refers the same to the Court.) John W Brown No 30 Is acquainted with the general character of R G Hale and wife Sarah Hale and from his knowledge of the general character of them, he would not believe them on oath. I have known them upwards of thirty years, part of the time I lived about a mileand a half say upwards of twenty years. I have lived at present about five miles from them now. On Cross Examination Witness says Robert G Hale and himself has not had any difficulties between them of any account . We have had some. On Reexamination stated the dificulity we had when I bought some hogs that was sold as R G Hales property and afterwards hale sold them to another man. The man gave me up the hogs. Witness prosecuted R G Hale once for beating a Negro. He witness had hired and Hale was fined by the Court, Thats all. John Wheelock NO 31 Is acquainted with the general character of Robert G Hale and from his knowledge he could not believe him on oath. Charles Jones No 32 Is acquainted with the general character of Robert G Hale and from his knowledge of their general character he would not believe him on oath. Witness has lived all his life about two and one half miles from R G Hale. On Cross Examination witness says he papes ? For the son of William Jones against whom a suit is instituted by his Negroes to recover their freedom. He does not know that R G Hale has any agency in said suit. Witness says he and R G Hale has no difficulties with each other Jonah Crawford No 33 Is sometimes called Joseph , somestimes Jo and his name is Jonah Crawford. Witness states he is acquainted with the general character of R G Hale, Sarah Hale, Elizabeth J Hale and from his knowledge of their general character he cold not believe any of them on oath Witness states he has lived ever since he can remember within two miles of them. On Cross Examination witness states that he has the opinion of the neighbors generally as to E J Hale. William Copass No 34 Has been acquainted with R G Hale, Sarah Hale and Elizabethfor the last fifteen or sixteen years and has lived within three quarters of a mile of all the time. Witness states he is acquainted with their general character and from his knowledge of their general characterhe would not believe them on oath. Sometime after the death of Loyd Ford, dec, Robert Hale and Benjamin Ford and myself was at the bar? On the plantation where John Jackson use to live, and at that time Robert hale told Benjamin Ford in my hearing that he had no Will of his father's loyd Ford, dec. In his possession. This took place after R G hale had been in town to prove the Will. At that time Mr hale said the Ford's should not be angry with him. After the death of Loyd Ford I was present when the children met to divide the property. R G Hale was there. I did not see or hrar of any interuption then that day I was passing about in the crowd during the time i stayed. And i stayed until the people began to scatter I do not know whether R G Hale went away before me or not. ( The Defendant objects to the testimony as to the conveersation with Hale and refers the same to the Court.) William Keene Alias William K Hulse. No 35 Sometime between the fifteenth of April and the 13th of July 1839 Loyd Ford came to the still house where I was stilling and asked for some liquor. I gave him a half pint and he said I must not take too big a grog for i am going to Robert Hale's to get him to draw my Will. Sometime after, perhaps a week or so he came to the still house again and I asked him if he had got his Will drawn. He said he had. I asked him how he fixed it. He slapped me on the shoulder and said he had fixed it so the negroes would be as free as i was after his death. I know the time from dates on record which i have as on the 15th. April I made my first dubbing and I quit stilling on the 15th OF July 1839 and one of my children was born in the February 1839 before I went to stilling. Witness says he is acquainited with the general character of R G hale, Sarah Hale and Elizabeth Jane Hale and from my knowledge of their geneeral character I would not believe them on oath. I have known them all since the birth day of E J Hale, R G Hale, and Sarah Hale. Before that time and have lived two to five miles from them for the greater part of the time. I suppose R G Hale to be 18 to 20 years old. On Cross Examination Witness states the still house was not on his premises, but on Mr, Jones plantation. He has never stilled there since 1839 and al the stilling was done in those months. Old Mr. Ford was at the still house seeveral times while I stilled. I met him at the still house after the time and dranked with Mr. Ford. Witness states positively he is not mistaken in the dates but says men may be mistakenas to dates. I have never been hired to still there since nor stilled for myself. But would when there help mash a tub and perhaps measure some liquor for William Jones but of this I have no distinct rememberance at present. Witness states he thinks the conversation took place before the death of old Mrs Ford. George Bowser No 36 Is acquainted with the character of R G Hale, Wife Sarah Hale. From his knowledge of their geneeral character he could not believe them on oath if they had any interest , excited or had any feelings in the Case. Elizabeth Jane Hale is a young girl 18 to 20 years old. William T Cose No 37 Is commonly called Thomas Cose Witness states he is acquainted with the general character of R G Hale and from mu knowledge of his general character I could not believe him. On Cross Examination Witness he waas acquainted wit Loyd Ford, dec. And has heard him say when he was iritated that the Slaves never should be free and when intoxicated has heard hiim say they neveer should serve any other man. John Bowser No 38 Is acquainted with the general character of R G Hale and Sarah Hale and from his knowledge of their general character he could not believe them on oath Elizabeth Jane Hale is a young girl about twenty years old. James Kinchaloc NO 39 Is acquainted with the geneeral character of R G hale and Sarah hale, his wife and from his knowledge of their general character he could not believe them on oath. Jermiah Proffitt No 40 Is acquainted with the general character of R G Hale , Sarah Hale and Elizabeth Jane hale and from this knowleddge of their general character he could not believe them on oath. And he has been raised between two and three miles of them. George Crow No 41 Is acquainted with the general character of Robert G hale and from his knowledge of his general character he would not believe him on oath. Thomas Crow No 42 Is acquainted with the general character of R G hakle and Sarah hale his wife and from his knowledgee of their general character he could not believe them on oath, and he ahas been raised one to three miles from them since a boy. On Cross Examination Witness states he married the daughter of Grant Ford one of the defendants for his first wife who is now dead. Benjamin Ford married the sister of Witness. Witness says he is married to the second wife and his sister that Benjamin Ford married is dead. And Benjamin Ford is married to the second wife and witness has no interest in the event of this case. Deborah Crow No 43 Is acquainted with the general character of R G Hale and from his knowledge of his general character She could not believe him on oath. On Cross Examination witness states she is no way connected with the deefendants in this suit. Only that Benjamin Ford married her sister and she is dead and left no children , On Cross Examination witness says she has no interesr in this suit in any shape. Elizabeth Crwford No. 44 Is acquainted with the general character of Robert G hale and Sarah Hale his wife and from his knowledge of their general character she could not believe them on oath. She has lived within a mile and three quarters of them ever since she can remember. Witness states that E j hale is and she does not know her age. Witness states she heard Sarah hale , wife of R G Hale say to my mother , Sarah Crawford that they had a Will of Mr Loyd Ford, and Mr Ford came to their house and asked for the Will and she gave it to him and he burned it. This was shortly after the death of Loyd Ford. Witness states she does not know if it was after the Will was proved or not. As she does not know which Will ws proved. Not long after the first conversation witness states she heqrd Mrs Sarah Hale state to my mother the paper that was burned was a school article and she handed it to Mr. Ford and he looked at it and winked and threw it into the fire. Before i heard the last conversation I think R G Hale and wife had been to town about the Will but does not recolect precisely what he said his business was in town. On Cross Examination Witness states that previous to the first conversation the Will had been talked about in the neighborhood and persons had been to town to do something about the Will but what witness does not know. Witness states that in the second c onversaation she heard Mrs hale say she did not think that old Mr. Loyd Ford was someetimes not in his right mind. Witness states that in the first conversation Mrs hale did not say that Mr Ford burnt the Will and she said R obert G hale had wrote it and Mr. Ford gave him a silver dollar for it. She did not only say will once but repeated it often. On Reexamination Witness states that Mrs Hale did not say anything about Mr. Ford being alarmed and frightened and being driven by Loyd Ford or threatened by him. She stayed the first time about two or three hours and the second time about same length of time or near about. Mary Crawford No 45 Is acquainted with the general character of Robert hale and Sarah hale and from her knowledgee of their general character she could not believe them on oath. She has been raised within two miles of them. Witness atates that she heard R G Hale tell her uncle William hulse that he had a will od old Mr Fords and Ford came and asked for it and burned it and he went to town to ask Gillispie what he should do about it. Gillispie told him to produce it and Thomas nelson had told him to write anotheer as near like it as he could and in the same coonversation she said she handed Mr. Ford an old school article and he looked at it and winked and handed it to Robin and he burned it and Robin thought it was the Will, Witness thinks the conversation was after the hales had been to town to prove the Will. Witness thinks this was the last time Mrs. Hale was at her mothers and talked about the Will. She had been after then but witness does not rrecolect that she heard any of the conversation. ( The plaintiff-s Counsel objects to the testamoney as to the conversation with R G Hale and wife and refers the same to the Court) On Cross Examination Witness thinks the conversation she heard between her uncle and R G Hale was after the Will was provedd. Witness states she was paying attention to these conversations at the time. Witness thinks her sister Elizabeth was present at the conversation with my mother by Mrs hale. On Reexamination Witness states Thought they had been to town to prove the Will, because he Hale had been talking with the lawyers to know how to fix it. This is what Witness ment when she said they had been to town to prove the Will. Daniel Proffittt No 46 Is acquainted with the general character of Robert G Hale, Sarah hale his wife and E J Hale and from his knowledge of their general character he could not believe them on oath if they had any interest or feeling in the case. Witness states he was born and raised within two miles of them. On Cross Examination Witness states he has been acquainted with the general character ever since I could go to the mill, but as to the other, not so long. Witness stated he heard it stated at Thomas Ford 's shop that Thomas Ford had sold his interest in the Slaves in dispute to a man by the name of Grishman. Thomas Ford was present and heard seeveral trades talk about. But whether the trades were confirmed, witness does not know. Witness states that he was called upon to witness some deeds and Bill of Sales from Grant Ford to his two sons. And Grant Ford said at the time he was in debt. Notes for the property was given, ( The Counsel for the Defendants objected to the testamoney as to the sale of the share in the Slaves and to the transfer of the property of any of the defendants and refers same o the Court John Proffitt No 47 Is acquainted with the general caracter of Robert G Hale, Sarah hale and E J Hale and from his knowledge of their general character he could not believe them on oath. Witness states he had a conversation with R G hale after the death of Loyd Ford and before the Will was proved. Witness asked R G Hale if he had a Will. Hale answered he did not wish to say anything about it but wanted it settled otherewise. Witness states he has lived within two miles of R G Hale for a number of years. Witness states he asked Loyd Ford if he had arranged his business. He said yes, but it was not to his mind, but it must standso. About the same time in the same year I was at Mr Loyd Fords, the old man was in a fit. And he said his Negroes had stolen his money and his meat to. And he would sell them. (The Plaintiffs Counsel objects to the conversation with R G Hale and refers the same to the Court) On Cross Examination witness states that Mr Loyd Ford spoke favorably of his Blacks and was very good to them, has seen other men as good to blacks as he was. Witness states that at the time he was talking to Loyd Ford about making his arrangements Mr. Ford said he could not face his Blaacks, The foregoing depositions were taken before Samuel Green Esq. At the house of Thomas Fulkerson Esq. In Washington County, State of Tennessee, om the 24th, 25th, and 36th. Days of February 1848, continuening from day to day for that purpose and that Plaintiffs and Defendants were both present by their Counsel. (There is nothing on record showing who counsel were.) Clary Hale No 48 From rports through the neighborhood I could not believe him on oath. That is R G Hale . Witnness she is acquainted with the general character of Sarah hale and Elizabeth Jane hale and from that knowledge she could not believe then on oath. On Cross examination R G hale I have known thirty one years but never had any dealngs with him. At this time I live about three quarters of a mile from them. I don't know how long exactly but it seven or eight years before he came there I don't know how far he lived from me. I am not related to either of the parties. My husband is a very distant relative to R G Hale. I have heard near every one through the hale settlement talking about Hale. Witness says she never heard very much about Sarah Hale or Elizabeth jane hale untithe suit commenced but I have heard R G Hale character talked about before this suit commenced, but I never heard any harm of the woman. Witness says she heard V. IrvinEsq. Say he could not believe R G hale on oath. To the best of my recollection I don't know I have heard any person say they would not believe them on oath. I do not know that I have seen Sarah Hale in three years as I know of. I would know Elizabeth Jane Hale when I see her as the daughter of R G Hale only Polly Ann Hale No 49 Says she is acquainted with the neighborhood talk about them and from the report of the neighborhood she could not believe them on oath. I have lived in about a quarter of a mile or it may be some more for swven or eight years. On Crosexamination I have no personally acquaintes with either R G Hale, Sarah Hale or Elizabeth jane hale and barely know them when I see them, I make the statement from the information I have heard from the neighbors, I would have no reason to disbelieve either of them as to anything I know of myself; Who have you head talking about them? I do not recolect of hearing anybody else particular but V Irvin but I have heard most of neighbors talking about them. George K Hale No 50 Sas he is acquainted with the general character of R G Hale, wife, and daughter and from the general report in the neighborhood, I could believe them on oath. On Cross examination I live in about a half mile of R G Hale. I don't recollect how long R G Hale has lived that near. I would not disbelieve eitheer of R G Hale, Sarah Hale or Elizabeth Jane hale. I neever had any dealings with them from his own knowledge, Rufus Jobe No 51 I live about two miles from them. I am acquainted with the gneral character from reports and also personally acquainted with them and from that knowledhe of their general character I could not believe them on oath. On Cross Examination I never had any dealings with R G hale I never heard him sware. I don't think I could believe him even of my own knowledge from some conversations I had with him I heard R G hale say that it was the best for a man to keek all he had . I won't be certain he said the best way or any way he could. Abraham Hulse No 52 I am acquainted with the general character of R G hale, Sarah hale, and Elizabeth Jane Hale and I could not believe them on oath. The witness being interogated by deffendants. Planitiffs by their counsel objects to witness answering any questions in regard to either the conversation of Robert G Hale, Sarah hale or Elizabeth jane hale on the g rounds that they nor either of them was not interrogated as to such conversation in their or either of their deposition which objection is overruled by the commissioner and the question is referred to the Court and te witness is permitted to state as follows, to wit. Witness says he was at R G ales house about 12 or 18 months ago as well as witness recollects. It came in conversation about this law suit and Sarah hale said the old man Ford came to their house and called for the Will and said he waas not sastisfied and she said she got an old school article and give him and held it in his hand a while and looked at it and he handed it to her and told her to put it in the fire and she done so and the old man said he was satisfied at that time. She said the Will was upon the joyce under the plank or floor of the loft and she was afraid some person would get it,She said after that the Will was destroyed and she said Court was comming on and that R G Hale became uneasy about the will and he drawed off a copy of it and headed it with a probate and filed it in Court. She said it was after the death of old Mr, Ford. On Cross Examination. I had some dealings with and he owed me two dollars and he never paid me nor I never expect to get it. R G Hale and me are not friendly than we ought to be. We speek when we meet I don't know that I recollect of ever having any dealings with Sarah hale or E J Hale. I think i did get a pair of pantaloons made by some of them. I do not know who made them, I paid for the making of the paints in splitting of rails, i have known R G hale from the time I waas a oy. I live at the time some three or four miles from him, Perhaps I have heard James Kinchaloe, John Kincheloe, John /Copass and William Copass, Jefferson Chase, Edward Whillockm James M. Whillock, Ellenor Whillock Paten Whillock and the Fords generally and Joseph Clark all say they wouldn't believe R G Hale on oath. Benjamin Ford and Enoch Ford live about2 miles from me. F F B Robinson No 53 I am somewhat acquainted with the general character of R G Hale and Sarah Hale and from that information I could not believe them on oath. I am not well enough acquainted with the character of Elizabeth Jane hale to say wether I believe her or not. John Whitlock No 54 I am acquainted with the general character of R G Hale and if reports be true I could not believe him on oath. I have heard enough about her to know whether I could believe her or not. And as to Elizabeth Jane Hale I know but bery little about her . That of my own knowledge I know very little about R G Hale. Mark Chase No 55 From general report I could not believe him on oath, but as for anything I know of him personally I would not disbelieve him. I am not acquainted well enough with the woman to form an opinion. On Cross Examination. Lives about 9 or 10 miles . I have known R G Hale ever sincee I was a small boy and went to school some to him when I was a boy. He then lived about 1 miles James Ritter No 56 From general report of the neighborhood I do not think I could believe him on oath. I am acquaiinted with the general character of them. William Whitlock No 57 I hear his character talked about generally in the neighborhood and from that character I could not believe him on oath. I am not sufficiently acquainted with Ssarah hale and Elizabeth Jane Hale to form an opinion whether I could believe them or not. Malen Ritter No 58 I am acquainted with the general c haracter of R G Hale, Sarah hale and Elizabeth Jane Hale and from that I could not believe them on oath. On Cross Examination; I live about 1 miles of R G Hale . I never had any dealings with him or his family. I have very little personal acquaintance with eitheo f them. I have heard Zachariah Jones, james Kincheloc, Benjamin Hale, chase Hale, George Browser, William Crawford and william Jones talk about R G Hale. I have heard the Ford'd talk about him. I heard Minerva Kincheloc, Rhoda Jones talk about Sarah hale. I heard Zachariah Jones talk about Elizabeth J Hale, Harrison Bowser also. I do not recolect at present what they said about Elizabeth j haleMinerva Kincheloc said that Sarah Hale said that Old Mrs Kincheloc was getting some spinning done unknowing to her husband and that Minirva was conveying the pay for the work and Minerva said it was a big lie as ever was told. From my own knowledge I could not believe R G hale on oath for this reason. I was at a trial and he wanted his father to sware one way and the old man differently from my own personal knowledge. I could not disbelieve them on oath, that is , the womem. Thomas H Fulkerson No 59 I am acquainted with the general character of R G Hale, Saarah Hale, and Elizabeth Jane hale and I could not from that information believe tem on oath. On Cross Examination; I never heard Sarah hale or Elizabeth Hale Jane hale character talked of until since this suit commenced> i don't know anything of my own knowledge and would have no right from that to disbelieve them. Its only from heresay that I would not believe them. I live about 3 miles from R G Hale's Jesse C Fulkeerson No 60 I am acquainted with the general character of R G Hale, Sarah Hale, I would not believe them on oath. As to E jane Hale, I am not sufficiently acquainted with her to form an opinion. On Cross Examination; i suppose I live about four miles from R G Hale. I could not believe R G Hale any, it could be fixed. I have seen R G Hale in several verey mean acts but I paid such little attention to them that I canot recollect when. I could not from my own personal knowledge disbelive either of the women. But from heresay i could not believe them. Nancy Fulkerson No 60 I am acquainted with the general character of R G Hale, Sarah Hale, I would not believe them on oath from reports. I have very little acquaintance with Elizabeth jane hale and I have no right to didbelieve her. On Cross Examination Witness says she don't know that she ever heard anything dispectful about R G hale and wife until after this lawsuit commenced. I suppose I live 2 or 5 miles from R G Hale before the commencement of this suit. I would have no right to didpute their evidence. William Kiincheloc NO 61 I think I am acquainted with the general character of R G Hale,and I would not believe im on oath. I am not acquainted with the geneeral character of Sarah Hale,or Elizabeth Jane hale well enough to form an opinion. The foregoing depositionsof the 20 persons last named were taken at the house of Thomas Fulkerson before said Tomas Fulkerson, Esq. In Washington County, State of Tenessee on the 19th dat of June 1848. And that the Plaintiffs and Defendants were both prreseent as ? In the caption, by their Counsel ( There is nothing showing who their Counsel were) Mark Hale No 62 I am acquainted with the general character of R G Hale, Saarah Hale,from what I know of them myself, I would believe them on oath.but from his general character I would not give him full credit. And from the general character of Sarah hale, his wife, I could not give her full credit when on oath. On Cross Exmination by Plaintiff Counsel, states that he lives about twelve miles of robeert Hale. I have heard the character of Robert ale talked of a great deal more since this Will Suit has been comenced than i everdid before. I heard Joseph Clark say that Robert ?G Hale's character was assiled and he asked me if I would believe him (Hale) on oath. From my knowledge of Robert G Hales and his general character before the commencement of this suit, I would have had to credit him when on oath. I do not know that I ever heard anything prejudical to the character of Sarah Hale before the commencement of this suit; From my knowledge of her and her general character I would have believe her on oath before that time. The attorney for the defendants object to the interrogative in relation to Joseph Clerk, On reexamination i have known Robert G hale eevery since he was a small boy, and Sarah Hale Hale since her marriage with said Robert G Hale. The Fords have neveer spoken to me about this suit, or about discrediting Robert G Hale. Henry Hale No 63 i am acquainted with the general character of Robert G Hale and from my knowledge of their general character I could not believe them on oath. Cross Examination; i have known Robert Hale all my life, and since he hasbeen grown. I would not believe him on oath from what i know of him myself, or from general character. I was a witness about twelve months ago in a suit in Circuit Court of Washingto County. Where in the State was the Plaintiff and Isac Sweat and Polly Haglen were defendants; and on that trial Robert G Hale swore he would believe me on oath from my general character. But that does not influence in my answer. Question by Defendants Couunsel: State what R G Hale stated to uou in relation to his being a witness in the case of the State against Sweer and Polly Haglin spoken of in your cross examination. Before the trial in that case, the Plaiintiffs by their Attorney object to the witness giving any answer to this question for those reasons 1st. The witness was not Cross Examined as to any conversation with R G Hale, 2nd. R G Hale has not been interrogated as to any such conversation and 3rd. Such evidence is illegal and inadmissable. The foregoing question and objections is not decided by the commissioner but is refered to the Court. Before trial of the Sweet Case I steped around the cornorof the Court House and R G Hale followed me. He stated that Sweet had been talking to him and he expected he would be a witness in that suit as to my character. And if he was he would stated to the cort that he had discredited me in taking depositions in the suit of Enoch Kincheloc Jr, vs. Charles E Kinchaloc and Samuel G Stout. And that in that he was mistaken, and the Ford's summoned me as to his character. That he Wanted the Hales to stick to each other. I told him that I had no confidence in him and walked offand left him. It was after this conversation that Robeert G Hale swore that he would not believe me on oath. Mark hale and myself are first cousins of Robert G Hale. William K Hale No 64 i am usually known and called by tge name of Kincheloc Hale, I am acquainted with the general character of Robert G Hale. By report I could not believe him on oath. Elijah Hashbanger No 65 I am acquainted with the general character of R G Hale and Sarah Hale, his wife. And from knowledge of teir geneeral character I would not believe them on oath. Cross Examination I now live about 12 or 13 miles from them. But I did once live for about fifteen or sisteen years in about one and a half mile from them some ten o eleven years ago. I and Robert hale had a difficulity. I heard moe about them before this suit commenced than I have since. As i lived near them. Grant Ford and Joseph Clark both said something to me about the difficulity that I and Robeert G Hale had but I do not remember what it was, and oseph Clark is now here today. Samuel Green No 66 Question by Defendants Counsel; Please state if you had a conversation in relation to Loyd /ford 's Will, with R obert G hale previously to the commencement of this suit andbefore the Will was offered for probate in the County Court. When did the conversation occur. When and what did Robert G Hale say in relationto writing another will?. The plaintiffs by their Counsel object to any answeer being given to theforegoing question. Because the deposition of R G Hale has been taken iin this cause and the Defendants in their Cross Wxamination did not interrogate him as to any conversation with Samuel Greer so as to give him a opportunity to explain and because the Defendants have no right to give his conversation in evidence without first asking him in relation thereof. The foregoing question and objections is not decided and is referd to the court. Witness answer: Some short time previous to the institution of this suit and before the will in contest was offered for probate Robert G Hale came into his office as I was that that time clerk of the County Court and took me to one cornor of the office and asked me what a person should do who had once a Will in his possession , had lost it, I told him I did not know. He should enquire of a lawyer on that subject. He answered he had consulted a lawyer on the matter and the lawyer told him to write another will as nearlike it as he could. I then said he had better legaladvice than I could give him and went to my seat and sat down. Mr R G Hale did not mention whose will he addressed to as i now remember. I think the conversarion detailed above took place subsquent to the death of Loyd Ford as I now believe. Witness being further interrogated states he is acquainted with the general character of R G Hale and Sarah Hale his wife and from that knowledge he could not believe him on oath. Not waiving the objection taken at the commencement of this deposition, the Plaintiffs by their Cuncil proceedd to cross examine the witness because the commissioner has reefered the objective to the Court. But the Court examination is not to be read, as to the conversation with R G Hale unless the Court decides that the conversation is evidence. 1st. Question by Plaintiffs, did you not on your former examination state expressly that you had not heard of Loyd Ford death at the time of the conveersation between you and R G Hale? Answer; I suppose I did for such is the fact, as well as now recollected. Question 2; How far do you live from R G Hale and wife ? Do you not know the fact that Joseph Clark, Dr. James H Vance and others who are interested in the results of this case have used greatexentions since the former trial to prejudice the public mind against R G Hale and Wife? Would you not have believe R G Hale and wife beefore the commencement of this suit and beforea character wqas manufactured for them by persons interested to defame them.The Counsel for Defendanrs objected to the above question. Answer; I live about 12 or 13 miles from R G Hale and wife. I do not know the fact that Joseph clark, Dr james H Vance or any other person used any inventions since the trial to prejudice the public's mind against hale and wife, unless takinf depositions in the neighborhood by defendantsshould so construed. At the time said depositions were taken by myself as commisioner. I think Joseph Clark was present. I suppose if I had been asked whether I would believe hale and wife before the commencement of this suit, I should have answered I would have believe them, not having a knowledge of their general character previous to that time. Question; At the time you took depositions in this case, was not Joseph Clark present, activilt engaged as agent forthe defendants, in conversing withthe witnesses, suggesting questions to counsel and otherwise conversing and intermeddling about the cause? Defendants by their counsel objects to the interogatory. And I have stated above Joseph Clark was present. He seem to be engaged and I suppose did do what he done as the agent of the Fords. I do not recollect seeing him converse particularly with any of the witnesses, i do not recollect whether he suggested any questions to the Defendants Counsel, he may have done. I was very busy engaged in writing down the testimony. George Crouch No 67 Question by defendants Counsel; Please state what you heard Elizabeth Jane Hale say in relation to Loyd Ford's will when she as a subscribing to a paper purporting to be Loyd Ford's Will came into a county Court in Jonesboro to prove the same, or at any other time. The plaiintiffs by their Counsel objects to any answer being given to the foregoing question because Elizabeth jane hale was not interrogated as to said conversation and because the defendants have no right to examine the conveersation generally. The foregoing question and objections is refered ti the Court. At the term of the County Court ,at which the Will of Loyd Ford wasas proven, I went into Circuit court to the Clerks offiec and took a seat by the fire. Ben Ford and Elizabeth Jane Hale was in a conversation about the Will. Ben Ford remarked to her that he had never saw or heard anything about the Will until after the death of his father , Loyd Ford . Her remark, as well as I recollect that she had neveer seen it either until two or three weeks ago. When she made the remark Ben Ford turned to me and nodded as much as to say take notice. I then got up and left. This conversation was at the same term of the Court that the Will was proven. Question 1st by Plaintiffs Counsel; did you hear all the conveersation between Ben Ford and Elizabeth Jane Hale. Were they not engaged in conversation when you wewnt into the room; and may she not have said that she had not seen the Will after her mother laid it awaay until two or three weeks before that time? Answer; i did not hear all the conversation betweem Ben Ford and Elizabeth jane hale. They were in a conversation about the Will when I went into the room. If she said that she had not seen the Will after her mother had laid it away until two or three weeks beefore that time I did not hear her. For what i know she may have said so or alluded to itl On Further Cross Examination; Did you not hear for many yearsbefore the suit, that it was reported in the County that John, Ned, and lark and probably others ofthe Plaintiffs in this suit, were children of Loyd Ford, the testator; and did they not substain a high character for integrity at the time when the testators Will is said to have been executed? The Defendsnts by their Counsel object to the witness answering the above interrogatory. The foregoing question and objection is refered to the Court. Witness Answers; i have heard frequently reports in the County that a portion of the Plaintiffs were the children of Loyd Ford and they were hald brothers of Grant Ford and the other heirs andso far as i know anything about the Blacks they have substained good character Ned, I have hired and alwaysfound him honest and behaved himself well. On further Cross Examination; Witness says I was acquainted with Old Loyd Ford a good many years beforee his death. And I never saw him when i thought there was anything the matter with his mind or when I did not think him capable of making a last will and testament and disposing of his property. He was a member of the Babtist church for several years before he died. I have frequently conversed with him on the subject of politics , religion and other subjects. I am acquainted with young Douglas, Enoch Jobe, John Jones SeniorNelaon Murray Rowland P murrau nathan Jobe, Samuel Douglas, Henry Young,and Hugh Johnson. They are all men of good character as far as i know, the Defendants by thweir Counsel objects to the foregoing answer as to the good character of Young Doglas and others. William K. Blair No 68 i do not believe that I am acquainted with the general character of Robert G hale in his immediate neighborhood. I do not know where the immediate of said R G Hale isl I donot know that I am acquainted with the geneeral character, I am not acquainted with tge general character , Sarah hale, his wife or his daughter Elizabeth J Hale. Question by Defendants Counsel; Have you not heard many persons who professed to be acquainted with the general character of R G Hale speak of his character and from what you have heard those say of him who professed to know his character placing your estimate on all you have heard for and against him would you believe him on oath. The Plaintiffs by their Counsel objects to any answers to this question because it is a leading questiom and because the witness has stated that he is not acauainted with R G Hales general character and because the witness cannot speak from what he has hears many persons say but must speak from his know fo general character.The foregoing questions and objections are refered to the Court. Answer; I have I have heard some personsspeak of him so as to leave doubt in my mind whether or not Iwold believe him on oath. The most i have heard of him has been since the beginging of this suit; On Cross Examination; Are you acquainted with the general character of Sarah Crawford and if so state from all you know and all you have heard whether you would believe her or not.Answer; i am not acquainted with the general character of Sarah Crawford in her neighborhoodl Question by the same; Have you heard her character the subject of conversation and if so, from this and from anyfacts in your knowledge disbelieve her on oath. The Defendants by their Counsel object to the witness answering the above question.and refer it to Court. Answer; From the facts in my kowledge I could not believe one word she would swear. I also heard hs character the subject of conversatiom. On further Cross Examination; Witness statesLoyd Ford when he drew his pension he would bring with him one of his Blacks. Or he would senf for them ( as some one or more of them oftenhires here in town) to assist him here when he was draawing his pension. He appeared to me to think more of his Blacks than he did of his own children. He would frequently counsel with them, and particular if he was buying anything. He would ask his Blacks about it. Reexamination When Loyd Ford was drawing his pension the Blacks he would have with him would be for the purpose of waitiing on him. They had nothing to do with drawinghis pensionl Though he would frequently counsel with them about purchasing goods. The following 15 deposition were tasken on the 20th and 21 of June 1848 at the house of Thomas Fulkerson Esq. Before said Thomas Fulkerson Esq. He ebeing commissioned as set forth in the caption. And that the parties were both present by their Counsel. James A Register No 69 I am acquainted with his geneeral character and from that only. I only know R G Hale when I see him, I could not believe him from the common rumor of the County on oath. As to Sarah Hale and E J Hale I donot know enough of them to know whether I could believe them or not On Cross Examination Witness lives six or sever miles from R G Hale. George W Gibson No 70 I am acquainted with the general character of R G Hale and wife and could not believe them on oath if he was a jurorl I am not acquainted with the general character of Elizabeth J Hale. On Cross Examination Witness lives some 5 or 6 miles. I never had any dealings with Sarah Hale nor I wouls not want to from her general character. I have had some smal dealings. I never give him a chance to act disho norably with me. I have nothing agaiinst the person of Robert G Hale but I believe him to be a dishonest man and I do not want anything to do with him. I would disbelieve R G Hale or Sarah hale all the time on oath, evenfrom my own knowledge, Question by Plaintiff Counsel C W Nelson. As you have stated that you would not believe Robert G Hale on oath from your own knowledge, please to state any and all facts within your own knowledge without reference to heresay or what the neighbors say about him, that are calculated to make your disbelieve him. I speak from a knowledge of his general character i could not believe him on oath and not from anything that has come to my own notice, I heard talk about R G Hale ever since I was a boy . I did hear talk of Sarah Hale oath spoken of prejudical to her before this suit commencedd, But I do not recollect how or what way. I suppose there is some prejudice existing in the neighborhood against R G Hale from his bad character. I have hears a great deal of talk about R G Hale. I heard James A Wells , John Witlock Sr. F F B Robinson, R P Murray, Enoch Ford, Grant Ford. I think I have heard Joseph Clark talking about him. I reckn I have heard more talk about R G hale and wife since this suit commenced that I heard before. I do not know that Joseph clark is an agent. I think I heard Grant say that Clark was attending to it some. George Witlock No 71 I am tolerable well acquainted with the general character of R G hale if published rumor be true I could not believe him on oath. I am not acquainted with the genberal character of Sarah hale and E J Hale well enough to know where Zi could believe them or not on oath. On Cross Examination ; Witness lices about three miles from R G Hale. I only speak from rumor as to RG Hale I just barely know R G Hale when I see him, I have heard a good many persons talking James A Wells was one of them, I know nothing of my own self that would make me discredit him. Johnson Whitlock No 72 I am acquainted eith the general character of R G Hale, Sarah Hale and Elizabeth Jane Hale. And from reports I could not believe them on oath.On Cross Examination; I am only acquainted with the general character from report I know nothing of them only by report. Witness suppposes he lived about three miles from R G Hale. I would have no reason to disbelieve either of them from anything I know of myself. I have hears every since I can remember of R G hale the talk about R G Hale as to her character I do not recolect My best impression is that i only have heard her character assailed since this suit commenced. I do not know that I ever heard any reports about Elizabeth jane Hale. When I said I could not believethem on oath. I heard my father . I heard Ben Ford talking about R G Hale I have no unkind feelinggs against R G Hale on Saarah Hale or Elizabeth Jane Hale. L B Brown No 73 I am acquainted eith the general character of R G Hale, Sarah Hale and Elizabeth Jane Hale Witness says from their general character he could not believe them on oath. On Cross Examination Witness says there has never been any difficulity between R G Hale and Family. He says he knows nothing from his own knowledge, I heard John Kinchloe James Kinchloe, George Kinchloe say they could not believe Elizabeth jane Hale on oath. I do not recollect how long it is since. John Cose No 74 I am acquainted eith the general character of R G Hale, Sarah Hale and Elizabeth Jane Hale and from my knowledge of their general character he could not believe them on oath.On cross Examinatiom, Witness says that Robert Tribbrtt says that he could not believe Elizabeth Jane hale any sooner than either R G Hale or ?Sarah hale on oath. It is some two or thre years since I heard these reports. I have not heard any of the Fords or Joseph Clark say anythingdisrespectable of R G hale or Family. Nathan Copass No 76 I am acquaiinted wiith the general character of R G Hale and wife and from my knowledge of them upon that report I could not. As to Elizabeth Jane hale, I know not anything about her neither one way or other. On Cross Examination; some years ago we had some jar but at the time we are friendly. Howlong is it since you heard the report about the Hales? Some seven eight or ten years of my own knowledge I knew nothing . Witness lives about 3/4 of a mile from R G Hale witness, I had rather believe what he sees than what he hears. Wiitness is a disstant relative of William Jones. James Britt No 77 I am acquaiinted wiith the general character of R G Hale and wife and daughter and from that knowledge could not believe them on oath. I could not believe any of the family. State all connections that R G Hale had with you concerning of old Mr. Ford's Will. The question objected as said Hale was not examined in an conversation Witness said he, R G Hale in Jonesboro and that he, Hale stated that all the Ford's was mad with him but Grant, Jim and Alexander Ford and he had just been up to the Taveern and treated them to 6 1/4 cents of Negro money and slapped his hand on his pocket. Said if he would go up he would trerat him also and he believed him to be a friend of the Negroes. Also again R G Hale went down to John Chasesand witness said to his wifew that he believed he would go down and hear Bob talk some, And went down and he said he was glad to see hin as he thought him to be a friend to the Negroes. He said that Grant had accussed him of forging a Will. He said that he had never any / forging the Will and put his arm on the table and took his pen and i just forged the Will right out. Some days after that I met R G Hale in the road and Hale asked me if he had not told me that he forged the Will as the hammerman forged the iron on the anvil speaking as reference to the conversation witness had with Hale at Chases. Witness thought He, Hale might had that reference but he did not understand it that way. After the trial Witness and Hale had other conversation on the hill above Elias Arterburns. Hale stated how nicely he had fooled old Mr. Ford by burning a school article. He, Hale always told witness that he would free the Negroes? Witness says hale asked if E Arterburn was veery well pleased for Arterburn was very much in favour of the Negroes getting free. If Grant and the other boys had paid him enough to justified him they might then have had their Negroes. Witness says that R G Hale told him in the conversation that he did forge the Will and that the Negroes paid him the money for doing it, The Will, witness says the last conversation was after the suit was tried and before it was removed back for a new trial. On Cross Examination; Thought not as to conversation witness says he lives about eleven or twelve miles from R G Hale I have nothing against Hale , only the bad conduct talked of in the neighborhood . If he hears any person talking a matter and he has confidencee in them he does believe them. Witness says he has heard Talbort Jackson talking about Elizabeth J Hale to her prejudice. Witness says Tobbert and Bob are not very friendly. J Britt I am a cousin to Grant Ford. I can not recollect of talking with Grant concerning the suit since the removal back nor with Enoch Ford nor Ben Ford before the time I had a talk Grant Ford. I heard Loyd Jackson sasy that he had bought William Fords claim and interest in the Negroes. I also heard Enoch Fords say he had sold his claim to James Vance. Witness says he has been acquainted with Sarah Hale and Elizabeth jane Hale for 10 or 11 years. About 3 or 4 weeks ago Joseph Clark passed through and we had a talk togather concerning this suit. Shadrach Chase No 78 I am acquainted with the general character of R G Hale, from reports i could not believe him on oath. As for Sarah Hale and Elizabeth jane Hale I know nothing about them. On Cross Examination as for the last 17 or 18 years have lived about 7 or 8 miles from R G Hale. Knows nothing from his own knowledge. Have heard about R G Hales conduct since he was aa little boy. I do not know of anything of R G Hale myself thaat is didrespectful. Theere is other mrn that I could believe as soon as if I was to see the thing myself. Grant Ford came to my house today and I come along with him up here. William Irvin No 79 I am acquainted with the general character of R G Hale and wife, and if I was a juryman I could not believe either of them on oath from report. As to Elizabeth Jane Hale, I have nothong to say. On Cross Examination; Witness says it is not from his own knowledge but from report. Question by Plantiffs Counsel R G Hale; Which had you rather believe what you would see or what you would hear another say? Answer; i would as sooon believe my own eyes and ears as anyone else. How longis it since you heard the talk about me and my wife? It was long before the suit commenced about the Negroes of old Mr. Ford. I think R G Hale to be a meddlesome man. Witness says that he does not recollect of anyone at this time particularly. James Mitchell No 80 I am acquaiinted wiith the general character of R G Hale and wife. I know nothing about Elizabeth Jane Hale. From that report I could not believe eithe R G Hale or wife on oath. On Cross Examination I have been acquainted with R G Hale 5 or 6 years. I have no acquainance with the wifwe of R G hale, or daughter. It's about two years since we had a dofficuly from my own knowledge I could not believe R G Hale on oath. Chase Hale, James Conkin, Thomas K Hulse that talked about character. I have not have any talk with any of the Fords or Joseph Clark Charles Cose No 81 I am acquainted with the general character of R G Hale and wife, but as to the daughter , I am not. If they were interested I would be doubtful to believe them. On Cross Examination; Did you ever know anything of me disrespectful and was that he was doubt every since I can recollect . I was acquainted with him a long time that I have no right to say anything against E J Hale. I know very little aboutJoseph Clark. I geet my smith work done at Enoch Fords shop. I saw Ben Ford at Whitlocks and he wanted me to give my name as a witness. I told him I would not ,and Ford said I was a fraid of Bob. I told him I was not. How long is it I cannot say I have heard that the Fords have been trying to get evidence to prove general character. William Saylor No 82 I am acquainted with the general character of R G Hale I could not believe him on oath. As to the wife and daughter I don't know enough to form an opinion. O Cross Examination ; From anything I know of myself I would believe him. How far do you live from me? I judge about 15 miles at this timeDivine of men say that they could not believe R G Hale on oath Likely some of the Fords. Did you ever hear that any of the Black were the children of some of the Fords?No, but I have heard it said that Leory hale was the father of Lark. I have heard it said that Rhru? Yellow man was the father of Ned. The rumors was before and since the suit commenced. I rather believe what I see myself than what I hear of another. I live in about one mile 5 years part of the time I lived about 6 miles since that time, I have live about 6 months 3 miles. No person has ever talked to me since I moved down in Green. The talk upon the matter was that you was a medling with others business matters and William Hale , Hyrum D Hale, Benjamin Shipley Jesse wwd/ How far does these men live from R G Hale? About 6 miles that were tallking about them Hales, Witness says that he considers them --- yellow folks , not very white. The followiing 20 depositions were taken on the 20th. Day of February 1849 at the house of Hiram D Hale before Thomas Fulkeerson Esq. In Washington Country Tennessee. Parties were present Plaintiffs by their Counsel E W Nelson and Defendants by Grant Ford and others. James Gray No 84 I have very little acquaintance with R G Hale wife or daughter and I know no harm of eeither of them. As to R G Hale, I would have my doubts and I would have any influence. And as to either Sarah hale, Elizabeth Halee I would have my doubts if I was a juror. I would not give R G Hale the same credit. I have never heard Sarah hale or Elizabeth Hale spoken of as I have R G Hale. Still I could not give them the same credit as if I had not theard them spoken. On Cross Examination I have heard George Kincheloc Dec. Chase hale, William Arterburn, John Kincheloc, William Kincheloc, Dec, John Gott, Esq. Speaking badly of R G Hale. I neveer heard of them being any relationship between old Mr. Ford and the Blacks, until since the suit commenced. Hiram Hale No 85 I have heard a portion of the testtimony of Jas, Gray He said if he was a juror he could not give the same credit to R G hale testimony as if he had neveer heard anything said about it. Upon which Plaintiffs by attorney Nelson objects to said Hale giving further testimony because a rule had been granted by the commissioner putting all the witnesses under the ruleprior to the commencemt of taking the depositions on to day. Which objection is over ruled and refer to the Court. And thus witness deposes and says I am acquaiinted wiith the general character of R G Hale and wife and from that character I cannot believe him.On Ceoss Examination Witness says I suppose I am about a third cousin to R G Hale I am second cousin to Fords. I have hears most eveerybody speaking agaiinst the character of R G Hale and wife since the commenecemt of this suit than anyone else. I don't know that i have heard Clark say anything about it, I don't know that I ever heard of the Blacks being related before the suit commenced. Jack Chandler No 86 I have heard a great deal about R G Hale and wife . I know but little about them myself but if reports be true, I could not belieeve them on oath. Plaintiffs objects to the foregoing testimony because witness could not be got to say he was acquainted with the general character of either HR G Hale or his wife. Corden Stone No 87 I am acquaiinted wiith the general character of R G Hale. If reports be true I could not belieeve him on oath, but from anything else I know of myself I could not discredit him. James Ford No 89 I am acquainted with the general character of R G Hale and wife and daughter Elizabeth J Hale. If reports be true I could not believe R G Hale and wife , But I would not disbelieve E Jane Hale. I am a cousin to Grant Ford and his brothers conversation that he told me that he was comming up in two or three days. I thought that he was not alarmed but in his usual health and spirits. In the conversation at old man Fords , two or three days after his death, at the meeting of the heirs of the old man to settle up the estate, I do not recollect that qany of the Fords asked me if I had a Will of the old man Ford's i do not rremember that any of the Fords asked me. I did not tell Grant Ford or any of the Ford's or anybody else that there was no Will of old man Ford's in exitance, I don't recollect that I ever told any person that there had been a Will of the old man but it had been burned. I never told James Arterburn nor Enoch Jobe that I or any person had burnt old man Ford's Will. I never told Micajah Hale, Lydia Hale, his wife, John Hale, nor Jefferson Ford, alias Jonathan Ford or William Hulse that i had burnt old man Ford's Will with my own fingers, nor that said will had been burnt, I never told John jackson or anybody else that after the school article was burnt that I had burnt said will between two chunked. When theconversation took place that Grant Ford said he would prosecute , Mieajah Hale was present. I have no recollection where ai got the paper to write the Will upon which Exhibit A. to this deposition is written Jonathan Ford No 90 I am acquainted with the general character of R G Hale and wife and live in about 2 miles of R G Hale Wheether I am acquainted with the general character of R G Hale and wife I cannot say. But some speak evil and others speak good of them. From report and i have come to the determination whether I could believe them or not. But so far as I know of my own knowledge. I would have no right to disbelieve them I am first cousin to the Ford's John Crow No 91 I am acquainted with the general character of R G Hale and wife. If the generaal report be true, I could not believe them , but as to myself, I know very little about them. On Cross Examination Witness says he lives about three miles from R G hale I have heard Chase Hale and other close neighbors talking about them. William Hale No 92 I consider that I am acquainted with the general character of R G Hale I don't know that I should place much confidence in hiim Joseph Walker No 93 I am acquainted with the general character of R G Hale and and wife and from report I could not believe them. Martin Kitzmiller No 94 I suppose ai am acquainted with the general character of R G Hale and from my knowledge of his characterif he was interested I do not know whether I could believe him or not. George Gray No 95 I consider myself tolerable acquainted with the general character of R G Hale, From the general report I have had I could not believe him on oath. I live 5 or 6 miles from R G Hale. Benjamin Ford no 96 I consider myself acquainted with the general character of R G Hale and wife. If the general report be true that I have heard about them I could not believe them. I am a first cousin to the Fords. John Ford no. 97 I consider I am acquainted with R G Hale and wife from here say and from common report. I could not believe them on oath. But I could not disbelieve them from anything I know. My father was the Ford's first cousin. I have heard several talking about R G Hale and wife but mostly the Fords. Price Ford no 98 I reckon I am acquainted with the general character of R G Hale, wife and daughter E Jane Hale. From what I know of them myself i cannot disbelieve them, but if what I have heard be true I could not believe them. R G Hale is my wife's uncle. The Fords and me are second cousins. I have heard James Coughen? And it's likely I have heard the Fords and their relation more than anybody else. I heard old Jas Whilloch and Wm Copass talking about them. Lisby Ford no 99 I am acquainted with the general character of R G Hale , wife and daughter. E Jane Hale and I could not believe them on oath. Grant Ford is my Uncle I reckon. I can't tell anybody particularly I have heard Grant Ford talking about the Hales. Enoch Ford and I expect I have heard the Fords generally. I have heard Nathan Jobe say that he wouldn't believe E J Hale on oath if all reports are true. I do not know that I heard anywhere else as I know of now, I reckon I would know E Jane Hale if I was to see her, but i am not right certain I would. I do not know any one at present say that they would disbelieve Sarah Hale on oath. John W Ford no. 100 I am acquainted with the general character of R G Hale and his wife . If all reports be true I could not believe them on oath. I am first cousin to Grant Ford. George Grisham No 101 I am acquainted with the general character of R G Hale. From my knowledge of his character I would doubt him on oath. I was at a muster ground with old Mr. Ford about a year beefore his death perhaps. He stated that he had lost a bag of money measuring on his arm about a foot long. That he believe his Negroes had taken it, That he had intended to free his negroes but now he believed he would sell every one of them, I am not directly interested in the results of this suit. But my son James E Grisham is having purchased the interest of Thomas Ford, one of the heirs of Loyd Ford Dec. I understand from Jas. N Vance that he has also purchased one of the heirs interest in Loyd Ford's estate. Lydia Adams No 102 I do not know R G Hale, wife or daughter. But from report I would not believe them on oath. My daughter married a son of Grant Ford. If I ever saw R G Hale's wife or daughter I do not know it. Alexander Adams No 103 i know nothing of R G Hale and his wife personally, but from commom report if it be true I could not believe them on oath. I am no relation to the FordsMy daughter married Grant Ford's son. I am not interested in the results of this suit. I am one of the witnesses that made oath that from the excitment and prejudice existing that Grant Ford and other Defendants in the suit could not get justice in Washington CountyI did not make affidavits as to either of the other Countys. Sarah Taylor No 104 I recon I am tolerable acquainted with the general character from general report in the county. I would want them to sware against me. I have heard Esq. Gott's family talk of R G ale and family. I cannot recolect of anybody else though I have heard several. Think I live more than 5 miles from R G hale. I know nothing of my own knowledge that would make me disbelive R G Hale's wife or daughter. E Jane Hale. Abram Hulse 105 Says there was a conveersaation atook place between him and Sarah Hale at R G Hales house some time since the death of Loyd Ford and since this suit commenced. Sarah hale said just before the commencement of this suit the Will that R G Hale has wrote for Loyd Ford was in the tillof the chest. She said that she wasafraidthat the Fords or Billingsly would get hold of the Will and I took the Will out of the chest and laid it on the top of a joyce qnd laida plank on it. She says that Loyd come and called for his Will and she heard that the old man was dissatisfied about the Will and he wanted it destroyed, And she handed him an old school article and he said here baby honey and Sally honeyburn it and then said she throwed the school article in the fire and the old man said "Now, I am satisfied!" and at the time the Will was laying on the joyce. Witness says that it was the County Court that Sarah Hale had reference to? And the witness says that her husband got uneasy about the Will and said that Robert went to Jonesborough and advised with a lawyer, either Arnold or Nelson , but witness thinks it was Nelson. His Counsel told him to write another Will as near like the old one that he could. And to head it with a probate and file it with the Court and he did so. And swore to it. And there was no danger to R G Hale for he was too smart for the Fordswitness said he was cradling oats for Jesse W hale some time before the death of Leory Hale and C E Kincheloc and Jesse W Hale said that Lark was a son of eroy Hales and Leroy Hale came into the field and Jesse W hale asked Leroy if he knew whose son Lark was and Leroy said he did not deny Lark for he was too smat a man for him to deny.i heard from others that Lark was said to be the son of Leroy Hale. I have reference to Lark Ford, a man of Color who is cintending for his freedom. Witness said he heard his father say tgat John Ford, a man of Color belong to a man by the name of Flynn in Jonesboro. Witness lives at this time between 2 and 3 miles from R G hale and was raised ? My recollection about that distance. I am acquainted with the general character of R G hale, Sarah hale and E Jane Hale and Jesse W hale and from that character I could not believethem on oath. On Cross Examination by John Ford, a man of Color. Witness says my reference of the County Court is that it was just before the County Court Sarah Hale did not say anything about the County Court. Mr Clark did take me out twiceiin time of taking my depositions . Clark asked witnesswhether or not Leroy Hale was the father of Lark, or that Flynn was the father of John, I never before the suit commenced heard thet Lark was the son of Leroy Hale. I never heard that Flynn was the father of John untill the commencement of this suit. I never heard that the Blacks were a kin to the Fords until this suit commenced.I have no hard feelings with me against any of hales as I know of. Joseph B Gilman No 106 I am acquainted with the general character of R G Hale, Sarah hale, and Elizabeth JANE Hale, his son Jeee W hale and from their general character I could not believe them on oath. Objects to by Plantiffs to witness giving his reasons why he would not believe R G Hale, his wife and daughter Elizabeth Jane Halei over rulethe objectiom Thomas Fulkerson . I have been acquainable with the Robert G Hale for the eighteen years. I live within seven miles of him for about thirteen years of that time. I have some dealings with him. Sold him some goods . Some time previous tto the death Amon hale , the father of R G Hale. The said Robert was in te habit of frequently calling for letters for his father at the post office at Fall Branch. It was kept in Gillman and Gammons sytore. Most of the above 13 years and I was post master Robert G hale did take out of the post office several letters directed to his father. At length his father came to the store and told me not to let his son Robert have any other letters which was directed to him. For said he, my son who is in Ky has sent me money in two letters which Robert has already lifted and taken out the money and applied it to his own use. These are the reasons said he why I ask you not to let him lift any other letter without a written ordeer from me. Someetime after the old gent gave me these instructions Robert came in again for a letter for his father there being a letter for him in the office, which I told him at the time he called that he could not getit without written order. His replu was that he would soon have one, and left the store. It was i would judge about seven miles to his fathers house. He returnedin about one hour with an order for the letter which I gave him. He paid the postage and started out of the room, went round the corner of the store where the office was kept. There i discoveered him readiing a letter which I believe then and I still believe it was his father's letter. I know there was a bank note in that letter for I saw the note. A few days after his father came to the store and told me that Robert had forged the note for the letter and he knew that was at least the third time he had robed him in the same way and requested me never to let him have anymore letters or anything else on his ? With or without an order for he would as soon forge an order as to come without one. And that he had no confidence in him and he was sorry to say so. Sarah Hale, his wife was often at our store dealing in a small way. She at one time came with a crock of lard I did not want to buy the lard at any price. At last she insisted hard for me to take it. I told her I would do so. The lard or fat was very nice and white on top of the crock. I weighed the crock and the lard altogather She offered to give me the crock which I refused to take in that way. She said the lard was all as good as the top of the crock . That she had sold two crocks of prrecisely the same time of lard to the ? Blans in Jonesboro and shee had given them the crocks. I sent the lard to be emptied. The top was fine. The center very dirty and the bottom was a black mud and dirt. I had the bottom of the lard put where the top was and handed it back to her and told her never to come to the store again. Her reply was that was nothing to what she could do.these are only part of the reasons why I could not believee her. As to her daughter of my knowledge i neever saw or heard any harm . Neither do I of the son jesse except the reports as regards both are largely against both of them in the neighborhood. I donot recollect I ever hearing that the Blacks which was the property of old Mr. Ford were children of Loyd Ford or any of his children. On Cross Exsmination by Plaintiff John Ford ; In the letter that contained the bill, it was visible I think it was a ten dollar bill. I hadsent word to old Mr Hale that there was a letter in the office containing money as I believe and this was the letter that R G Hale lifted and paid the postagefor. Rowland P Chase No 107 i live about three or four miles from R G Hale. I suppose I am acquainted with R G Hale and his wife and from that character I could not believe R G Hale and if Sarah Hale was interestedI could believe her. Ii never heard any of these Blacks that are contending their freedom being the children of old Loyd Ford or any of his son's children. I have heard reports that Sam and jason were children of old James Ford and John Ford. On Cross Examination Witness says he has heard a good deal said about Sarah Hale, both before this suit commenced and since. Witness says he was very well acquainted with old Mr. Ford and he does not recollet of ever hearing him say about freeing his Blacks. I never heqard aany of the Fords say that they had sold their rights in the event of this suit. Loyd Britt No 108 Well, I do not recollect that I ever heard that the Blacks were the children of old Mr. Ford or any of his children children. I have heard it said Leroy Hale never denied Lark of being his son. I have heard my mother say that a man by the name of Flynn was the father of John. Witness says that he could not belieeve R G Hale on oath and if good men were to be believed, I could not believe her. On Cross Examination by Plaintiff; I am a cousin to Grant Ford. I married James Ford's daughter who is contending in this suit. I believe I heard him Loyd Ford say that he had intended freeing his Blacks but since they stole his money he never would, and that he had fraid that they never should. I do not recolect who I have heard talking about Sarah Hale. I belieeve I have heard Daniel Proffitt talking about her. I never heard of Joseph Clark talking about R G Hale I have heard people talkinig about Sarah hale before the suit and since but I do not recollect who they were. Witness says he is not interested in the event of the suit. Elizabeth Hulse No 109 I did loan R G Hale at the house of John Chase my father a sheet of clean paper some time after the death of Loyd Ford deceased and after the rumor had broke out about R G Hale had burned the Will of Loyd Ford, deceased. About a year ago I met with R G hale in the lane between William Copass and R G hale near R G hales. He commenced a conversation about the sheet of paper and said to witness was it not a half sheet of paper instead of a whole sheet and tries to get witness several times to say it was a half sheet instead of a whole one, And witness still said it was a whole sheet. And then charged the said witness to say not anthing about the conversation. I live between 2 and 3 miles of R G Hale . I am acquainted with the general character of R G Hale, Sarah Hale and Elizabeth jane Hale and from that character I could not believe them on oath. The foregoing last five depositions were talen before Thomas Fulkerson Esq. At the house of said Fulkerson in Washingto County State of Tenessee on the 18th day of October 1849 in the presence of John, one of the plaintiffs and Grant Ford and other Defendants. The following 2 depositions were taken before Thomas Fulkerson Esq. At the house of said Fulkerson on the 19th day of June 1849 in the presence of the parties by their attorneys, Clle Nelson attorney for Plaintiffs (Nothing showing who Attorney for Defendants were) George Taylor No 110 I think I am acquainted with the general character of R G Hale and Sarah hale and Elizabeth Jane Hale . Were I a juror and they were interested I do not think that I could believe them. On Cross Examiination; Witness says I don't personally know Sarah and Elizabeth Jane Hale I do not recollect that I ever seen them I know R G hale when I see him. I have no intimate acquaintance with him, I never had any dealings with him I have heard a great deal about Henry Clay I would believe him upon oath if all was true that I have heard about him. And in a like manner I would believe James j Poke if all is true about him, I have heard old man Ford say that he had over one Negro a piece for each of his children, and he was afraid they would not fall into as good hands as he was. I was summoned as a witness in this case at Esqr, H Hales on the day that the depositions were taken there. The reason why i was not examined there was a little difficutly between me and Esq. Hale and I did not want to go to his house to be examined. My wife was examined at said hales that day. I was not in his house nor kitchen or inside of his lot that day. I went within 15 or 20 steps of the gate on that day and stood and talked with Esqr, Grisham while my wife was in on examinatiom. Esqr. Grisham did not tell me on that day that he had purchased an interest in this suit. I heard Enoch Ford say he had sold his interest in the suit.I heard Enoch Ford say he had sold his interest in this suit since it commenced to Jamed Vance. I think Thomas Ford told me he had sold his interest to James E Grisham since this suit commenced i understand from some of the heirsof Loyd Ford, deceased that Alexander Ford had sold his interest in this suit to one of the clouds. I think Benjamin Cloud. I heard from some of the Fords. I cannot tell which one that Col Akins was to get one of the Negroes if this suit was gained, irs about 12 years ago that I had a conversation with old man Ford. I heard Thomas Copass, Enoch Job and others talking athat they would not believe R G Hale on oath.I have heard a great deal more about R G Hale since this commenced than i did before. I donot recollect that I eveer anything said about Sarah Hale and Elizabeth Jane Hale before this suit commenced. I havee heard a good deal about R G Hale, Sarah hale, Elizabeth Jane Hale by the Fords and their connection. But the most I have heard come from John Hulse's son. But the most particular thing I heard from widow Crawford. I am one of the witnesses whose testimony a change of venue from the County of Washington was had. Winter Whitaker No 111 I am acquainted with the character of R G Hale, Wife and daughter E. Jane Hale from heresay. From that character i cannot believe them. I have seen R G Hale perhaps a dozen times. I never as i recollect have seen Sarah Hale and Elizabeth Jane hale in my life. Never had any dealings with R G Hale from anything I know of. R G Hale his wife or daughter myself. I could not disbelieve them. I have heard my father and Sarah Baster a relation of his talking about him besides a good many other in the neighborhood in which I live. Witness says he lives in Ford Town. I have heard james Ford a son of Grants talk about R G Hale. Thomas Eppersp, Vanis Chandler perhaps there is more but I do not recollect who. I do not believe I eveer heard Joseph Clark say anything about R G Halr. I do not recollect that I eveer heard anything said about Sarah Hale or E J Hale until since this suit commence. Samuel Perry No 112 Pobe Stuart next friend of John Ford and others of Color vs. Jas. Ford, Grant Ford and other heirs of Loyd Ford. In this case Grant Ford , ome of the Defendants makes oath that the testimony of Samel 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 affivant is iinformed and believes having within a few days left Sullivan County and moved overe to hawkins. That affidavit on behalf of himself and the other Defendants took out a Deposition on the 30th of Jan 1845. Stae of Tennessee , Hawkins Couty; this 20 day of February 1845 i have this day proceeded to take the deposition of Samuel Perry in his home in Hawkins County and state ofaforesaid. About hte age of fourty one years in obedience to a commission here to answer in the presence of Phobe Stuart next friend of John Ford and other Plantiffs and james Ford and Grant Ford and other Defendants to be read as evidence in the Circuit Court of Washington and State of Tenessee to be held on the fourth Monday of Feb 1845 in suit nowpending in said cCourt. Samuel Perry after being first 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 happen at Robert hales one night and there was a man come 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 went down to his fathers. We sppied a Black man seem to be in a great hurry going toward Robert hales House. Robert hale was called for to come home. When I returned to Robert hales he was washing his face and I asked him where he was going. He said he was going to attend to some business for Jack Ford or Fords jackl He made mention that Fords negro had hired him to attend to his busiiness for him. He said that he had undertaken to attend to his business for him and that he was making money by it and they 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 freein the Will he had made. He told me that he wrote the old mans Will. He said he held tis Will for Mr Ford. He said the old gentleman came over a while before he died and told him that he wanted him to throw the Will in the fire and burn it up. He told me that was the lastEill the old man had made. He said he had to do some writing for the Black men. He told his wife to hurry breakfast for he had to go on to Court that Ford's negroes had hired him and he told me he was determining to gi his length for them to do this business for them. I named to him if he was not afraid of gettinig his head into a halter. He told me No. Perry, I am making money . Sworn to and Subscribed to by the consent of the said witness. Samuel his mark Perry. I certify the foregoing deposition is all in my own handwriting , that I am no wise related to either of the parties. That the same was taken before me on the day at the place and in the presence of the parties so far as they atended sat forth in the caption and it haas not been out of my possession or in any way altered , added to, or changed since it was signed by said Samuel Perry this 30 day of February 1845. James M Billingey for hawkins County. The following deposition was taken before Rice Duncan , a justice of the peace for Sullivan County, State of Tennessee on the 18th. Day of February 1845 in the presence of Doct. James Vance, Grant Ford and other Defendants ( No person for plaintiffs stated on record) John Proffitt No 113 Question first; how long have you been acquainted with Loyd Ford? Answer; For fifty years. Question; Were you intimately acquainted with hiim previous to his death? Answer; Yes. Question; Do you know the condition of his mind whether he was capable of attending to his business, and if not the length of time before he died . Was he incapable of attending to his business. Answer; I do not think he was a man capable of doing his business for some four or five years before he died. My reason is he did not know me when we met although we had lived close neighbors for the ? Of fifty years. It could not have been his eyesight failed because he could count the rails on a fence sixty rods distance and often when we would meet and I would tell him who I was after talking for a little while he would ask me again who I was. Sometiime I would not tell him who I was and would try and make him find out but he would say he did not know and I would tell him and in a few minutes he would ask me again. Question; Please state your opinion as to the time previous to his death. Answer; i do not believe he was capable of making a will for four or five years before his death.question; State what you know of his deposition to liberate his slaves previous to the time you supposed he was incapable of makiing a will. Answer; i know nothing about that but I heard him say since I thought him incapableof making a will that he could not free them. Question; Do you know anything of R G Hale character and from whar you know you can say whether or not you would believe him on oath. Answer; I am sorry to say I would not. The following deposition was taken before David D Hunt , a justice of the peace for Sullivan County, State of Tennessee on the 2nd day of July 1849 in the presence of Doct. James Vance, Grant Ford and other Defendantsand Robert M Banton. Attorney for Plaintiffs at said David Hunts house John Copass No 114 i live a short mile from R G Hale. I am acquainted with the general character of R G hale, his wife, Sarah haleand his daughter Elizabeth J Hale. If what isgenerally said by the neighborss be true I would not believe them on oath. I live one mile from Sarah Crawford near twenty years. I know nothing against her neither personally nor by general report. I would believe her on oath. By plaintiffs Attorney You say that if rumor be true you couldbelieve Hales on oath. State if the rumors have not arisen since the commencement of this suit or since the death of old Mr, Ford Answer; i recon principally they have as to Robert G hale they have been before the death of Mr Ford and since but i cannot recollect the names of personss which spake against R G Hale before the death of Mr Ford Smitih Irvin No 115 I am acquainted with the general characterof R G hale and his wife Sarah Hale having lived from three to five miles from the said Hales nearly all my life and from this general character I would not believe them on oath as to the general charcter or Elizabeth Jane Hale I cannot speak not having her spoken of so much. The rumor against R G Hale and his life have been ever since my recolection while Elizaberh J Hale is under the control of R G hale he would not believe her on oath, where they are concerned. I am acquainted with with the general character of Iesse W Hale, son of R G Hale and I could not believe him on oath in a matter where he was interested. I have no ill will against R G Hale nor his family. It is agreed between the parties that David Hunts statement maade on oath beefore us shall be read as a rregular deposition. John Fore and other by Phobe Stuart their next friend Plantiffs by their Attorney R M Barton. Grant Ford and others Defendants by their agent Joseph Clark. David P Hunt No 116 I am acquainted with the general character of R G hale and I would not believe him on oath when he was in any way interested. Jesse Baines No 118 Witness aged 24 years sworn and interogated by the counsel for the Defendants. ( The plaintiffs Dounsel declines examining witness states as follows; i don;t know much about R G Hale myself I barely know him when I see him, The general run of the neighbors speak bad of im, and from what some of them say about them I would not believe him om oath. I don't know that I have heard anyone speak well of him, I live in a little toen two miles from him.Question bu Plaintiffs Counsel; are you and R G Hale friendly? Answer; Robert G Hale and myself are friendly. We have never had any fusse about dagging hogs, I have head William Copass, John Copass, Talbert Jackson, Peter Jackson and others talk about R G Hale The foregoing depositiondeposition was taken before William Smith Esqr. At the Court house in the town of Jonesboro Tn. On the 13th day of June 1848 in presence of parties by their Cousel, Nelson attorney for Plaintiffs and Attorney for Defendants not stated. Carter Hadlock No 119 Aged 44 years sworn and interogated by counsel for plaintiffs states as follows; I was not acquainted with old Loyd Ford. I was once at his house as an officer in search of yong Loyd Ford. The old man wanted me to stay all night with him, In the course of the conversation he ssaid them boys woud be in presently and would take care of my horse . That he had two sets of boys. That the Black boys were better then the whites and if I would stay they would treat me clinerly? That he was old and could not take care of me. He said that his Blacks should not serve his white children when he was gone. Cross Examinationl i was acquaiinted with the general chqrqcter of Robert G Hale about eleven years agol and from my knowledge of his general character I would have been doubtful of him when upon oath at that time. At this time I rode as constable in the district. The conversation I had with old Loyd Ford was about eleven years agol 'when riding through the neighborhood I heard several persons sppeaking against Robert G hale. I have heard nothing said against Sarh Hale or Elizabeth Jane Hale. The forregoing deposition was taken before William H Smith on the 8th. Day of March 1948 at the Court House in JonesboroParties were both present by their Sounsel Robert U banton attorney for Pplaintiffs and James W Deadrich Attorney for the Defendants. Tobbert Jackson Age about 33 years deposes and says as follows. I am acquainted with the character of R G Hale, wife, daughter E J Halee, I would not believe R G Hale or wife on oath. As for the daughter I could not say. I don't know that i am any kin to them, but I have heard it said that I was a son of Loyd Ford. It is agreed bt Counsel on both sides that no Lawyer shall atend to the taling the residue of the depositions this week at the house of Thomas Fulkersons Esqr, in Washington County Tn. But that Robert G hale and Joseph Clark may appear s agents and take the depositions. The idea of taking depositions at David Hunts Esqr. In Sullivan county on the 22nd. And suceeding days for the defendants in this suit is hereby abandoned. C W nelson for Plaintiffs James fulkerson, Justice of the peace. J A Ackins for the Defendants. John Jackson The defendants then introduce John Jackson who being sworn stated that he is acquainted with the general character of Robert G Hale and Sarah Hale and from knowledge of their general character he would not believe them on oath. On Cross examination witness says he is a nephew of the defendants in this case. Loyd Ford, one of the defendants is said to be my father and I married a daughter of one of the defendants, John Chase, a witness for Defendants next introduced and sworn stated that he is acquauinted with the general character of R G hale, Sarah hale and Elizabeth jane Hale, and from my knowledge of their geneeral character I would not believe them on oath. Robert G Hale applied to me for paper after Ford's Death. This Will resembles the paper I had. He got no paper of me. I saaw Mrs Sarah hale produce the Will in controvendy? At the county Court. She pulled it out of her bosomm and threw it on the table and it sprang up like it had not been folded long. It looked new. My impression was when I saw the Will it was on paper like the paper I had when Hale asked me for paper. I never heard anything against Elizabeth Jane Hale before this suit was brought and would have believed her on oath before this suit waas brought. On Cross Examination Witness said Robert G Hale showed me a paper folded in another paper that he said was Ford's Will 2 years before Ford died. A dirty looking paper was rapped arounf the Will R G Hale showed me. I did not tell R U Barton that I knew nothing about this case. Loyd Ford said he provided for his Negroes. They are as free as you are. This wasn't a year before his death. The papeer I had was 6 1/4 cents worth. Which I had bought of james A Willis a merchant in R G Hales neighborhood who lives in six miles of Hale and Wife. Who has plenty of the same kind of paper. Mrs hale handed out the Will at the time R G Hale showed it to me two years before Loyd's death. I did not examine the Will produced by Mrs hale in County court and did not have it in my hands I am not able to say the Will here shown to me is not the same that R G hale showed me and may be mistaken in the impression I had in the County Court. I had heard that R G halee had drawn a will for Loyd Ford before Hale showed me the year about a year before Ford died .Not a year before he died Old Loyd Ford told me that his Negroes had made 500 bushels of corn and was boasting about them. I told him he ought to remember them meaning that I thought he ought ti freethem. He said he had done that already or that's already done. They are as free as you. Deefendants Counsel offered to prove the conversation of R G hale with John Chase as to the purpose for which he wanted the paper, which was objected to because hale had not been interrogated as to said conversation and the Court substained the objection. James Hulse Next witness for the defense being sworn said he was well acquainted with general character of Robert Hale and Sarah Hale and from knowledge of their general character he could not believe him on oath, I knew old man Ford. He said he never whipped his negroes , that the negroes had stolen his money. On cross examination says; I was the agent of William Jones in the contested Will case disposed of at the last Nov. Court in the Circuit Court of Sullivan Co which is in the same neighborhood as this case. I never told Alexander Ford or any other person that if he would stick to me in the Jones suit I would stick to him in this. It is possible, I have heard old man Ford say his Negroes should serve no one after his death.. He was very much attached to his Negroes, Never heard old Ford say his sons had taken his money and a Will. I heard reports before the commencement of this suit that the Negroes were the sons of old Loyd Ford or of his children. I could not believe Hales wife before the commencement of this suit. Robert G Hale was a witness against me some years ago on an indictment against me for a adultery in Circuit Court of Sullivan Co, upon which I was convicted. I have frequently said in the neighborhood and in company elsewhere that I believed Robert G Hale forged the Will contested in this case. I did not say to Alexander Ford when going to town some two or three years before that when Thomas J Chasis disposition was taken in the case and in company with said Chases Alexander Ford and John Jackson. And when in conversation about this suit it you stick it to me and I will stick it to you. I have heard the defendants say a great deal against Robert G Hale in different crowds since the commencement of the suit. I have heard Joseph Clark, the agent in the management of this, suit who is here, frequently talk against Hale in a like manner. Robert Tribbet Next witness for Defendants being sworn says; Robert G Hale in the spring or summer of 1843 between corn planting time and harvest showed me a paper which he said was the last Will and testament of Loyd Ford. It was at his (Hales ) house and the Will was written on a blue color paper. It was so blue that i thought ink would not show on it intil I saaw the writing on it. Hale called my attention particularly to the paper by saying it was first rate will paper. It was thicker paper than common and the sheet I think, was not as long as this but was broader. It was halfas thick again as the Will in contest. The will here shown to me is on white pape and it is not the same as he (Hale) showed me in 1842. I am confident it is not the same. I had it in my hand but couldn't see to read it and did not read it when Hale showed it to me in 1842. He read the paper to me and i think the contents were the same a the will now in conest, except I think the word "shoP' was omitted. I did not change my mind with it . The will read me by R G Hale provided for the emanaipation of the Negroes and allowed them to live on the land. On Cross Examiination; Witness stated that he could not be mistaken as to this will not being the same Hale showed him in 1842. Witness stated that he had had a infection of his eyes. But his eyesight was better than now, witness was shown several pappers of different shades of blue paper and told the differenceon trial by pointing that which was deepest, and which was of lighter shades. Witnes stated that when exposed to the gean of the sun that he sometimes saw spots before his eyes of different colors. That the day Hale showed him the will in 1842 it was a clear sunshining day. That he had rode there seveeral miles approaching through the sun, But that he had been in the house about half hour when he looked at the Will. Witness stated he had not on his specticles when he saq the will at Hales and that he had not had them on but examine the several papers showes him in Court with his natural eyes. Witness ststed that he could not be mistaken as sto the color of the paper . That he had examine the paper now shown to him as the Will when the deposition was taken and that he at that time refused tao acknowledge it st the ssme which Hale showed him im 1842. And that he had been to the Clerks office and examined it in the company with Col Jno. A Aikins , one of the Counsel for the Defendants. Plaintiffs counsel then showed witness his deposition taken in this cause, the signature which he acknowledge and said that it was read over to him but a great many questions had been asled him on this trial that had not been asked when his deposition was taken, Witness further stated that he could give no reason why he spokeof paper paper in his deposition and did not mention the blue color of the will at that time, I am sixty years of age and have been usinig spectacles 20 years I had been riding in the sun before I saw the will in 1842. It after strikes a darkness in my eyes. I am often afflicted with a glimming of the eyes and have consulted doctors about the disease in my eues. No one was pesent when Hale read the Will to me in 1842 but some of Hales family any my wife , who is now here with me but not as a witnessin this case. I live in R G Hales neighborhood and have frequently told then what I state here. I have heard Joseph Clark frequently converse in the neighborhood and charge R G Hale with forging. Clark became the agent of the Defendants since the case was sent back frim the Supreme Court. Lark, one of the Plaintiffs, is a member of the Baptist Church and a regular preacher in the demomination. After the examinaation of the witness was closed by the Counsel of the Plaintiffs, he was asked by one of the counsel of the Plaintiffs if Lark was not a Baptist preacher and objection being taken by Defendants Counsel, the objection was substained, but hte witness had answered before the Court could speak to substain the objection, andafetrt answer was given by the witness no further objection eas taken. The Defendants Counsel then readinto evidence to the juryy the transcript of the record of the county court marked Exhibit D and heerewith filed, which the Counsel said in agreement be read for the purpose of contradicting Hale's wife 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 Mrs Sarah Hale After being duly sworn iin open Court at December term 1843, Deposeth and saith; mr Lord Ford acknowledge in my presencr a paper being his last Will and Testament and I witnessed said will by making my mark. Said Will dated 1st. Day of March 1840. I witnessed said Will in the presence of Mr Loyd Ford and at his request. I know the will to be the same paper said wil was written by Mr. hale at our house in Washington County as Loyd Ford requested he having come to our house for that purposeas he said. He came about the middle of the day . Said Loyd Ford was in his right mind and sober when he executed said Will. I have known old Loyd Ford as long as I can recollect anything. The will was read over to the old manin my presence before and after he acknowledge it. Sometime, say four or five weeks before the death of Loyd Ford John Billingsly asked me if I would take ? Dollars for Mr. Ford's Will. He said Mr Grant Ford or Grant's son would furnish the money. I refused to give it up; This offer was made in the absence of my husband having being at home. Cross Examination by Grant Ford. Loyd Ford come to my house very drunk one day and said Loyd, his son said he would kill him if he did not come to our house and burn that Will. I saw the old man was not at himself and distracted and drunk togather and I did not give him the Will. To satisfy him I gave him an old school article which lay in the till of the chest and R G Hale burn it. I do not think the old man at the time thought his Will was burned for he afterwards told me to hold it. When the old man subsequently told meto hold the Will as above stated I believe he was perfectly himself. Sworn in open Court. Sarah her mark Hale. R G Hale Deposeth and saith; The Will produced was written by me and subscribed by testator , Loy Ford in his presence and witness by me in presence of Testator and at his request. The Will was written by me as directed by testator and read over distinely to him before he signed it by making his mark. I thought Mr Ford sober and knew what he was doing. I wrote him one wil in March 1835 and one in April 1835. He told me the will I wrte in April 1835 was stolen from him togather with a piece of money he said he thought it was Hales Will, a Black man stole the money. He did not say who stole the Will. I had frequent conversations with the Testator between 1835 and the time the Will produced was writen and I wrote the prresent Will in comformity with his repeated wishes expressed during those conversations and at the time the present Will was written, I did not dictate any for him at all but wrote as he told me. Sometime last Fall Mr Loyd Ford came to my house and seem to be distrubed and asked me for his deed. I told him I had no deed. He said No, child but then said it is my Will. I hesitated and told him I wished him to bring Grant Ford or some of his sons before I give it up. But the old man seemed to be ancious. I told my wife to get to it. She bought him a paper I do not know what. I burned it a his request. The old man seemed to be distracted and delarious and rode so bad I was afraid he would not be able to get home. He seemed to be much worse at that time than I had eveer seen him before. It was the last time he came to my house.The old man seemed to beso delerious and distracted that I thought it improper to give him the Will unless his son was present. I think he was in hia sound mind atthe time I drew the Will or I would not have written it. I did not consider Mr Ford in his right mind when he requested me to destroy his Will. Some after this the old man became helpless and seemed to have lost his mind and did not know Isaac Mulky , his own preacher when he took diner at his house about corn planting time. At the time Mr Ford came to my house to get me to destroy his Will he told me his son Loyd 'ford had told him he ought to have been put in the penitintiary long ago. And that said Loyd his son had threatened to kill him and draw a club over his head if he did not destroy the Will. Cross Examination; I cannot say whether the old man thought it waass his Will that I burned or not. He may have thought so. He went away satisfied and he never said anything to me about the will afterwards . I was at his home twice afterwards. Sworn to me in open Court at Dec term 1843 Samuel Green. Clerk signed Robert G hale. Elizabeth Jane Hale Duly sworn in open court deposeth and saith; Mr Loyd Ford came to our house and got my father to write his Will and I witnessed it in Mr. Ford's presents. Fater told Mr Ford we were the witnesses and we all write it in his presence. Mr Ford told my father how to write the Will. I have known Mr Ford ever since I knew any person. Mr Ford was sober at the time the Will was drawn and appeared to be capable of making a Will. I have no ideal he was not. Mr Ford got father to keep the Will I think it was kept in the chest. I have never heard M Ford talk about the Will afterwards . I mean after it was made. Cross Examination by Col John A. Aikin , This Will is all in my father's handwritting, My father made the cross marks to Mr Ford's name, my mother's and my own. The Will was read over to him but I di not know the timewhen it was read over to him. Just before my father made the mark,I do not know if Mr Ford can write or not. I did not see Mr Ford do anything but the mark was made by my father at his directionk My father made my mark and my mother's at our direction. I donot recollect how long ago the Will was wrote. I think it was five or six years ago. I donot recollect or know of any Will being burn. This appears to be the Will I witnessed. I heard my mother say Ford came up to have his Will burned. But they they burned an old school article, My mother said she brought it out but she did not say who burned it. I do not know of this or any other Will being written a very short time ago by my father, I know of no will by my father since Ford's death. I have heard of two Wills being written before this Will I heard it from my father. Old Mr Ford said one of te wills had been stolen was the reason he came to get this will wrote. My brotheer Jesse and our own ffmily wwwas present when my father and mother and myself witnessed the Will. I have got a sister as big as myself and other little ones. They were I suppose all present. Some of the little children may have been out. I did not take particular notice By Mr Nelson Cross Ecamination; I understood it was the old mans request that his Negroes should be free and the home place was given to them . I believe the Will whic has been read to me just now aaand since i made the above statement about the land and Negroes to read the same way that the Will read that I witnessed. Since the will read to me on this examination and my memory refrreshed. I think the date in the Will is correct and I think at that time I witnessed the Will being the 1st. March 1840. I think I heard my mother say the reason she burned another paper and not the Will as requested by Mr Ford. She thought the old Man was drunk and did not know what he was about. I heard Mr Ford acknowledge the Will after the mark was made. Sworn in open Court at December term 1843, Samuel Green, Cleerk Elizabeth her mark Jane Hale. Bill of Cost Clerk three depositions .371/2, Bill of cost .25, taking and filing Affidavit .131/3, order and presenting Will .25, two orders for subpoenas ,59 Motion to enter Will ,25, order renouncing executorship .25, order contesting will .25, order refusing record of will .25 , order to send up will and predceeding .75, Prosecution Bond .29, Two securities .20 each= .40, Transcript record 1.621/2 Takiing down Testimony of witnesses 1435 words by copy sheet at 18cents = 1.40 Total $6.871/2 State of Tennessee I Samuel Green Clerk of the County Court of said County do here by ceertify the foregoing to be a true copy from the records of said Court given under my hand at office in Jonesboro this 11th. Day of December 1843. Samuel Green Clerk. The Plaintiffs then read to the jury the depositions contained in the jouneral files of depositions hereto annexed marked no 1.2.3.4.5.6.7.8.9.10.11.12.13. Being marked from No.1 to No.13 inclusive, except that of Matthiac Keen in file No 8 and the others herein mention,which are all heretoannexed and made part of this bill of exceptionand also except the following parts of ssaid deposition to wit; All those parts of said deposition which details contracts made by either of the defendant, either with regard to their Counsel or in regard to their sales of the Plaintiffs on their interest in the Plaintiffs under the will now in contest.to any other person or persons whatever; and which detail the conversations or excertions either of the counsel or of such ? Purchasers in reguard to any matter connected with this suit were objected to by the defendants and the objection substained, and the Court refused to allow such parts of said depositions to be read in evidence to the jury and they were not read and the Court charged the jury that they were not to look to any of such evidence, the evidence thus rejected is contained in the depositions marked No.1 through No.13 inclusive. Evidence for Plaintiffs Roberet Hale as a witness. See Deposition Sarah hale as a witness; See her Deposition Elizabeth Jane Hale as a witness; See her Deposition William Boyd Aged about fitty eight years. Question by plaintiffs counsel Are you acquainted with the general character of Robert G hale , his wife and Elizabeth Jane Hale , their daughter and if, please state. Answer; i am partially acquaiinted with the general character of Robert G Hale, and from my acquaintenance with his general character I could believe him on oath and as for his wife and daughter I am not acquainted with their general character. Question by Defendanrs agent; Have you not heard a good more speak disrespecable of Robert G Hale and his general character. If so state; I have heard a few more speak disrespectful of Robert G hale and I have heard a few men speak in his favor. And further, this deponant saith not. Joshus Shipley Age about fifty five. I do not know if I eveer saw the wife and daughter of Robert G hale in my life as I recollect. I have been acquainted with Robert G Hale since the year 1832 or three . Question; Are you acquainted with the geneeral character of Robert G Hale from report? Answer; From report I am acquainted with the general character of Robert G hale, but I do not pay much attention to reports, It would be from report doubtful if I could believe him on oath. But from my own knowledge of him i could elieve him on oath. Question; did you ever hear of old Loyd Ford or any of his sons being charged with being the father of the slaves of Loyd Ford? Answer; I believe I have heard such report , or something of that kind. But I donot know from whom. Cross Examination; I have heard that one of the Blacks persons of Loyd Ford was charged to be the son of Leroy Hale and further this deponant saith not David Perry Aged about 80 years question by Plantiffs Counsel. Are you acquainted with the general character of Robert G Hale , his wife Sarah Hale, and their daughter Elizabeth Jane Hale ? If so, State; As to their daughter, I am not acquainted with her, or her general character, but as fpr Robert G Hale, I have no reason to disbelieve him on oath as far as I know of him myself and as for his wife Sarah I could believe her on oath and I know nothing against Elizabeth Jane Hale I believe it is two to three miles from where I live to where they live and I have had an acquaintance with Robert G Hale about eitht years and I have frequently seen Joseph Clark at Williams Jones Cross Examination; have you not heard a good many persons speak dissrespectful of hale and his wife? I have not. Are you well enough acquainted with Robert G Hale and his wife to put any estimate upon their character or not from what you have heard of them? I have heard one man say that he could not believe Hale on oath where he is interested and I heard one other say he had swore he could not believeHale, nor his wife and I will not disbelieve any one unless I had known of them swearing falsely. Plaintiffs '''''counsel; Were not these peersons you heard say they could not believe Hale on oath connections of william Jones? Answer; they were his connections, and further this desponant saith not. Peter Dillow Question by Plantiffs Counsel. Are you acquainted with the general character of Robert G Hale , his wife Sarah Hale, and their daughter Elizabeth Jane Hale ? Answer; I am somewhat acquainted eith the genereal character of robert ale. What do you know of him yourself and of his general character. Could you believe him on oath/ From what I know of him myself from the acquaince I have had with him i could believe him on oath. As to his geneeral character I have heard a good many reports, thou I have no just grounds to believe these reports. Cross Examination You say you have heard rerports of Robert G Hale, haveyou not heard a good many say they could not believe him on oath? I believe I have heard some , but I cannot say who at this time and further , the deponant saith not. The foregoing five didpositions To Wit; William Boyd John Shipley David Perry David Pickens and Peter Dillow were taken at the house of John Depew on the 26th and 27th day of June 1848. Plaintiffs were represented by Robert G Hale and the Defendants were present by their agent J Clark (file No 6) Elizabeth Douglass File No 9. Wife of Young Douglass; Question by Plantiffs Counsel. Are you acquainted with the general character of Robert G Hale , his wife Sarah Hale, and their daughter Elizabeth Jane Hale ? I am acquainted with their general character and from my knowledge of their general character I would believe them on oath. Cross Examination by Defendants counsel; Would you disbelieve any person on oath unless you heard they swear a lie? I would not, I have lived in the neighborhood of Robert G Hale for the last several years. Further than this the deponent saith not. Met July 3rd 1849 pursuant to ajournment present R M Bantom Attorney for Plaintiffs and Joseph Clark agent for Defendants. Nathan Shipley A witness for the Plaintiffs being introduced and sworn to according to laww and interrogated by Plantiffs counsel stated as follows Q. Are you acquainted with the general character of Robert G Hale , his wife Sarah Hale, and their daughter Elizabeth Jane Hale and Jesse Hale. A. I am acquainted the the general character of Robert G Hale and Jesse Hale. As to the oters, I cannot speak. Q. From that general character taking into consideration what yu know and what you have heard others say for and against and putting your own estimate on the rumors you have heard, would you believe Robert Hale and Jesse hale on oath? A. I have no grounds to dispute them. Question by Defendants Agent. Would you disbelieve any person unless you was knoeint to their swearing a lie yourself? A. I would not. Rewxamined by Plaintiffs Attorney; If I understand you correctlyy you would not discredit anyone on oath unless you would they would sware a lie and I to understand that you would not discredit unless you had record ecidence of their swearing a lie , or do you mean that you must have reliable information upon which you act. A. I must have personal knowledge as well as reliable information. Fanny Gott Are you acquainted with the general character of Robert G Hale ? A. I am Q. By the same from that general character taking your own knowledge of the man and what you have heard others say of him putting your own estimate upon the rumors you have heard both for and against him, /would you believe him on oath? A. I could believe him. Emeline Epperson Are you acquainted with the general character of Robert G Hale A. i am not acquainted with the general character., Mary Shipley Are you acquainted with the general character of Robert G Hale? A. I am. By the same from that general character taking your own knowledge of the man and Q. What you have heard others say of him putting your own estimate upon the rumors you have heard both for and against him, Would you believe him on oath A. I would hsve no reason to dispute his oath. Vina Short Are you acquainted with the general character of Robert G Hale Sarah hale, Elizabeth Jane Hale and Jesse Hale? A. I am. By the same from that general character taking your own knowledge of the man and Q. What you have heard others say of him putting your own estimate upon the rumors you have heard both for and against him, Would you believe him on oath A. I would hsve no reason to dispute them. Mary Gott Are you acquainted with the general character of Robert G Hale? A. I am. By the same from that general character taking your own knowledge of the man and Q. What you have heard others say of him putting your own estimate upon the rumors you have heard both for and against him, Would you believe him on oath A. I would. Ann Douglass Are you acquainted with the general character of Robert G Hale? A. I am. By the same from that general character taking your own knowledge of the man and Q. What you have heard others say of him putting your own estimate upon the rumors you have heard both for and against him, Would you believe him on oath A.For my own part I would hsve no right to dispute his oath. Cross Examination by Defendants Agent; Would you disbelieve any person on oath unless you heard them swear a lie yourself. A I would not. Elvira Douglass Are you acquainted with the general character of Robert G Hale? A. I am. Q. From that general character would you believe him on oath? A. I would Elizabeth Douglass Are you acquainted with the general character of Robert G Hale Sarah Hale, Elizabeth Jane Hale and Jesse Hale? A. I am.By the same from that general character taking your own knowledge of the man and What you have heard others say of him putting your own estimate upon the rumors you have heard both for and against him, Would you believe him on oath? A. I would have no reason to dispute them. William Douglass Are you acquainted with the general character of Robert G Hale Sarah Hale, Elizabeth Jane Hale and Jesse Hale? A. I am.Q. From that general character taking your own knowledge of the man and What you have heard others say of him putting your own estimate upon the rumors you have heard both for and against him, Would you believe him on oath? A. I would have to give them credit. Q. Please stae how far Hale and his family lives from your faher. A. About one mile and threequarters or two miles/ Q. Please state how far the following persons live from Hale and his family. To wit; Elizabeth Douglass, Tammy Gott, Ruth Fulkerson, Emmaliine Epperson, Mary Shipley, viva Short, Mary Gott, Ann Douglass and Elizabeth Douglass Jr. A. Elizabeth Douglass, Tammy Gott, Ruth Fulkerson, Emmaliine Epperson, Mary Shipley, viva Short, Mary Gott, Ann Douglass and Elizabeth Douglass Jr.all live within some 4 or 5 miles. Calvin Cosc Please state what you have heard old man Ford say in reference to the Blacks. A. i haave heard him say they shall never serve nobody but him. Q. Are you acquainted with the general character of Robert Hale? A. I am. Q Would you believe him on oath? A. I would have no right to dispute his oath. Cross Examination by Defendants Agent. Would you disbelieve any person unless you heard them sware a lie yourself? A. I would ot Q. did you ever hear Mr. Ford say that he would make a will to free his Blacks?A. i never did. Enoch Jobe The Defendants by their agent Joseph Clark object to the taking of Enoch Jobe deposition on the ground that the distinction of (Sr. and Jr.) Was not made in the notice, which objection is refered to the Court. Young douglassq. By Plaintiffs Attorney. Are you acquainted with the general character of Robert G Hale, and Elizabeth J Hale. A. I am. Q.from that general character taking your own knowledge of the man and Q. What you have heard others say of him putting your own estimate upon the rumors you have heard both for and against him, Would you believe him on oath. A. I could have no reason to dispute them. Cross Examination by Defendants Agent; Would you disbelieve any person on oath unless you heard them swear a lie yourself. A I would not and further deponent saith not James R Shipley. Q. Are you acquainted with the general character of Robert G Hale Sarah Hale, Elizabeth Jane Hale and Jesse Hale? A. I am.By the same from that general character taking your own knowledge of the man and What you have heard others say of him putting your own estimate upon the rumors you have heard both for and against him, Would you believe him on oath? A. I could. I suppose I live four or five miles from Mr Hale. George Douglass Q. Are you acquainted with the general character of Robert G Hale? A. I am. From that general character taking your own knowledge of the man and What you have heard others say of him putting your own estimate upon the rumors you have heard both for and against him, Would you believe him on oath? A. I have no right to dispute him. Q. How far do you live from Hale? A. One and a half or two miles. Frank Good Q. Did you ever hear Grant Ford have any conversation relative to the suit now pending in Johnson County between John Ford and others by their next friend Phobe Stuart and Grant Ford and othe Defendants. A. i heard him have conversation about the suit but heard nothig about it being in Johnson. Q Please sstate what he said. A. i heard Mr Ford conversing with a gentleman comming from Jones borough. He said he had very little of gaining the suit. Afterwards i overtook Mr Ford in company with some gentleman that I did not know. They were talking about the suit. I asked him if there was a will. He said yes, there was a will. That was the only remark he made to me. I remarked that it was hard to break a will.That I saw them try Old Mr Ray's in Blountville. Cross Examination by the Defendants Agent. Q. did Mr. Ford mention any particular will?A. he did not. Reexamination If I correctly understood your answer to aquestion of Mr Clark You said you did not know anything of these being mention one will until George Grisham told you this morning that it is said they have more thatn one. That Grisham said he was at Esq. Firgusend yesterday acting as agent in examining witnesses for the Defendants. Did I understand you corectly?A. You certinally understood me except that I did not say that Grisham said he acted as agent. He said he was there on the same business tgat I was going on. Elbert Douglass Q. Are you acquainted with the general character of Robert G Hale? A. I am. From that general character taking your own knowledge of the man and What you have heard others say of him putting your own estimate upon the rumors you have heard both for and against him, Would you believe him on oath? A. I should belieeve hi,. I supose I live one mle and a half from him. The disposition of the last 18 persons were taken at the house of Young Douglass of Washington County before Sr. douglass a j