Hezekiah Stout vs. Daniel Schoonover - Depositions 22 Oct 1839

 

TRANSCRIBER'S NOTE:
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Where a person has signed with his or her mark, the mark is shown in parentheses between the words "his mark", or the words "her mark".

Spelling found in the document is retained. However, for readability, there are some minor changes made to the text, such as punctuation, spacing of paragraphs, and some capitalization.

Where the Plaintiff is asking a question, instead of "Q by plaintiff", the name of the Plaintiff is used in every instance; likewise for questions put by the Defendant.

Horizontal lines are used here to separate the depositions of the different witnesses.

Note: When a witness is introduced by either the Plaintiff or Defendant, it is the witness who is "of lawful age".


Hezekiah Stout vs. Daniel Schoonover - Depositions 22 Oct 1839

[Page 1]

Pursuant to the annex[ed] Notice marked [N?] I Michael Stump a Justice of the Peace in and for Lewis County have this 22d day of October 1839 proceeded at the house of John Burk in the said county to take depositions of sundry witnesses to be read as evidence in the trial of a cause depending in the Circuit Superior Court of Law and
Chancery of Lewis County wherein Hezekiah Stout is Complainant and Daniel Schoonover Defendant

Cline Collins a witness introduced by defendant of lawful age who after being first duly sworn deposed as followeth Vz

Q. by Daniel Schoonover:
Did you or not help to make Evelina Schoonover's coffin

Answer:
I did

Q. by Daniel Schoonover:
Did you or not make any charge

Answer:
I did not

Q. by Daniel Schoonover:
Did you or not receive any thing for making the coffin

Answer:
I did not

Q. by Daniel Schoonover:
Did you or not prove them hogs before Hezekiah Stout sued you

Answer:
Yes I did

Q. by Daniel Schoonover:
Did you or not inform Hezekiah Stout that you had [proved?] the hogs before he sued you

Answer:
I did when he demanded them

[Page 2]

Q. by Daniel Schoonover:
Is it or not a custimary thing to charge for making coffins

Answer:
I do not think it is amongst neighbors

Q. by Daniel Schoonover:
Is it or not a custimary thing to charge for diging graves

Answer:
It is not in our neighborhood

Q. by Hezekiah Stout:
Was or was not that coffin made at my hous and if so who was at the expense

Answer:
It was at you expense

Q. by Hezekiah Stout:
Did you or not notify me when you went to prove them hogs

Answer:
I do not recollect

And further this deponent saith not
Cline (his C mark) Collins

-------------------
Jemimah Stout a witness interduced by defendant of lawful age after being sworn deposed as followeth

Q. by Daniel Schoonover:
Do you or not recollect that Hezekiah Stout borrowed a sack of you and inform'd you that he was going to Solomon Schoonover's to pack meat

Answer:
Yes

Q. by Daniel Schoonover:
Do you or not know whether there was any cloths sold of Solomon Schoonover's or Evelina's and if so state how many

Answer:
I do not know that ther was any sold

[Page 3]

Q. by Hezekiah Stout:
When was it that I borrowed that sack of you was it or not before the death of Evelina

Answer:
I do not know when it was

Q. by Hezekiah Stout:
Do you or not recollect of my borrowing a vesel of you to bath Evelina and so state how long had I it for that use

Answer:
I do recollect you did but how long you had it for that use I cannot recollect but I sopose it was about a month

Q. by Hezekiah Stout:
Did you or not see me bathe her and give her medison

Answer:
Yes I did

Q. by Daniel Schoonover:
Do you or not know that Doctor Baker was at Hezekiah Stout's when you saw him bathe Evelina

Answer:
He was

Q. by Daniel Schoonover:
Did you or not see Hezekiah Stout coming back from Solomon Schoonover's place when he borrowed that sack of you if so did he bring any meat with him

Answer:
I did and he had a load of something but I do not know what it was

[Page 4]

Q. by Hezekiah Stout:
Do you or not know that I was at Solomon Schoonover's that time that I borrowed the sack of you

Answer:
I do not

And further this deponent saith not
Jemimah (her + mark) Stout

-------------------
Sarah Stump a witness introduced by Defendant of lawful age who after being sworn &c deposed as followeth

Q. by Daniel Schoonover:
Do you or not know of any property of Solomon Schoonover that was not sold at the sale and if so state how much or what was it

Answer:
I do know that there was five dresses of Evelina's that was not sold and one shaul

Q. by Daniel Schoonover:
What kind of dresses ware those that you know was not sold

Answer:
There was one of homemade cottin and of calico and two of liney and one cottin shawl

[Page 5]

Q. by Hezekiah Stout:
Do you know or not how long it was after the death of Evelina that thim cloths was taken away

Answer:
I do not know precisely how long but it was shortly after

And further this deponant saith not
Sarah (her + mark) Stump

-------------------
Ezekial Townsend a witness interduced by Defendant deposeth as followeth

Q. by Daniel Schoonover:
Do you or not know of any property of Sollomon Schoonover that was not sold at the sale and if so what was it

Answer:
I do know that there was a dog that was not sold to my knowledge

Q. by Daniel Schoonover:
What was that dog worth

Answer:
I would have been willing to have given two dollars for him

Q. by Daniel Schoonover:
Do you or not know how many beds Sollomon Schoonover had at his death

Answer:
I know he had two

Q. by Daniel Schoonover:
Do you or not know that Sollomon Schoonover and wife was reasonable well of for clothing and if so state what was the quallity of their clothing

Answer:
I do know that they was and in part what was the quality

[Page 6]

__ know he had one Great Coat of home made cloth and one ___ ___ of store cloth and I know that they both had a quantity [of] lenning and liney clothing the quantity or quallity I cannot describe

Q. by Daniel Schoonover:
Did or did not them cloth coats appear to be tollerable deasent

Answer:
Yes they did

Q. by Daniel Schoonover:
Did you or not heare Hezekiah Stout deny that he ever paid any doctor's bills or made any charge for doctor's bills

Answer:
I did heare him deny ever paing any bills to doctors or making any charge for doctoring done by any one except what he done himself

Q. by Hezekiah Stout:
Do you or not know what Sollomon Schoonover's beds concisted of whether they ware fild with straw chaff or fithers

Answer:
I do not

Q. by Hezekiah Stout:
Do you or not know what became of Sollomon Schoonover's cloths

Answer:
I do not

Q. by Hezekiah Stout:
Did you or not ever know me to make any use of Sollomon Schoonover's dog

Answer:
I do not not to my recollection

[Page 7]

And further this deponant saith not
[signed] E T Townsend

-------------------
John Burk a witness introduced by Defendant of lawful age who after being sworn deposed as followeth

Q. by Daniel Schoonover:
Do you or not know what time it was that Hezekiah Stout was appointed Curator for the taking care of the property of Sollomon Schoonover deceas'd if so state

Answer:
I do not

Q. by Daniel Schoonover:
Did you or not inform Hezekiah Stout that you saw some person packing a hog that you beleaved to be the property of Sollomon Schoonover

Answer:
I did

Q by Daniel Schoonover:
Did he or not at that time inform you that he was appointed Curator

Answer:
Yes he did

Q. by Daniel Schoonover:
Did you or not informe Hezekiah Stout when he was about to sue Cline Collins for them hogs that he had as well not to sue for them because you beleaved the hogs not to be in Schoonover's Mark

Answer:
I did

Q. by Daniel Schoonover:
Do you or not know how many beds Sollomon Schoonover had at his deth and if so state and what kind of beds they ware

Answer:
Shortly before his death he had two beds and they ware both fild with fethers of some kind

[Page 8]

Q. by Daniel Schoonover:
Do you beleave Sollomon Schoonover's beds was worth more than sixteen dollars

Answer:
I do

Q. by Daniel Schoonover:
Did you or not here Hezekiah Stout deny that he ever paid any doctor's bills or made any charges for doctor's bills

Answer:
I did here him deny ever paying any doctor's bills to doctors or making any charge for doctoring done by any one except himself

Q. by Daniel Schoonover:
Is it a custimary thing in this settlement to charge for making coffins or diging graves

Answer:
It is not

Q. by Hezekiah Stout:
Do you or not know that I made every effort to git that hog you saw packing away that you soposed to be Sollomon Schoonover's

Answer:
I do not know that you did or did not

Q. by Daniel Schoonover:
Did or did not Hezekiah Stout call on you to prove that hog

Answer:
He did not

Q. by Daniel Schoonover:
Did you or not tel Hezekiah Stout that you would sware that the hog was marked with Sollomon Schoonover's mark

Answer:
I did

Q. by Hezekiah Stout:
Do you know that Sollomon Schoonover had any beds at his death

Answer:
I do not

[Page 9]

Q. by Hezekiah Stout:
Do you know that there never has been charges made for making coffins or diging graves in this neibourhood

Answer:
I do not

And further this deponant saith not
[signed] John Burk

-------------------
Elizabeth Stout a witness interduced by Defendant of lawful age deposed as followeth Vz

Q. by Daniel Schoonover:
Is it or is it not a custimary thing in this neibourhood for those who wait on the side to charge for it

Answer:
I have known some to charge for it but I do not know that it is a custimary thing

Q. by Hezekiah Stout:
Do you or do you not know that Evelina Schoonover was sick the princible part of the time from the death of her husband untill her own death and that I had the care of her during that time

Answer:
I do know that she was sick the princible part of the time from the death of her husband untill her own death and that you had the care of her during that time with the exception of a few days when was at old Mr. Schoonover's

Q. by Daniel Schoonover:
Do you or not know that Evelina Schoonover went to old Mr. Schoonover's for the purpose

[Page 10]

of drying apples

Answer:
I do not I was inform'd that was what she went for

Q. by Hezekiah Stout:
Do you or not know that I had medison prepared for Evelina

Answer:
I do know that you had medison prepared and that it was said, it was for her

And further this deponant saith not
Elizabeth (her x mark) Stout

-------------------
Thomas Stout a witness interduced by Defendant of lawful age deposed as followeth Vz

Q. by Daniel Schoonover:
Did you or not here Hezekiah Stout say that he found a small quantity of meat at Sollomon Schoonover's place

Answer:
I did here him say he found a small quantity of meat in a tub and understood that it was at Sollomon Schoonover's place

Q. by Daniel Schoonover:
Do you or not know that Hezekiah Stout is recommended as a doctor or to be very skilfull in that way or do you know that he ever studied fisics

Answer:
I do not [the words "know that he was counted very" are here struck out]

Q. by Hezekiah Stout:
Did you or not here me say that the meat that I found in that tub was all the meat that I ever found at Sollomon Schoonover's place since his death and that I rapt it up and laid it away and that I did not know what become of it

Answer:
I did

[Page 11]

Q. by Hezekiah Stout:
Did you or not know that I had a great deel of trouble with Evelina Schoonover in her death sickness if so state what would you undergo the same for

Answer:
I do know that you had a great deel of trouble with her and I think I would not have under went it for anything short of forty dollars

Q. by Daniel Schoonover:
Did you or not ever know of any person in this neibourhood to charge their children for tending on them in their sickness prier to this

Answer:
Not as I recollect

And further this deponant saith not
[signed] Thomas Stout

-------------------
Currence B. Conrad a witness introduced by Defendant

Q. by Daniel Schoonover:
Do you or not know of any pork or clothing being praised or sold of Sollomon Schoonover or wife after their death

Answer:
I do not except bed clothing I know there was sum bed clothing praised was said to be Schoonover's but whether sold or not I do not know

Q. by Daniel Schoonover:
Did you or not heare Hezekiah Stout tell William Schoonover that he wanted Sollomon Schoonover's big coat and that he wanted it to keep in rememberance
of Sollomon and that if he did not get that he would have something else if he had to buy it

[Page 12]

and that he now acknowledges he was Curator at that time

Answer:
I did

And further this deponant saith not
[signed] Currence B. Conrad

I Michael Stump a Justice of the Peace in and for Lewis County do certify that the forgoing depositions were taken sworn to and subscribed before me at the instance
of the defendant pursuant to the notice in the caption of the forgoing depositions, and that Cline Collins Jemimah Stout Sarah Stump and Ezekiel T Townsend
claimed their attendance one day each and that Currence B Conrad and Thomas Stout claimed their attendance two days each [signed] Michael Stump JP LC

Returned to the Clerks Office on the 6th day of April
AD 1840 by Hezekiah Stout not under Seal
Teste
J.M. B____ DC


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