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35. } Jones hear your Co defendants or either of them, if So which of them, Speak of Complainants interest in the negroes mentioned in his bill, and what was Said? 4~ Are you well acquainted with Said Negroes, how many of them Are there, enumerate them, and what is there respective value, how and have they increased Since the execution of Said Settlement, or deeds, and which of them? 5~ What were your motives in Keeping possession of Said Negroes? 6~ If you Know Any thing else in reference to Said matter State it fully.~ Feby 3d 1837 } S. W. Probas coSol for Complt.
Commission } The State of Alabama } To James Hodges, J.P. or Any Justice of the peace Franklin County } for the County of Franklin in the State of Alabama Greeting Know ye that We in Confidence of your prudence and fidelity do hereby Commission, authorise and require you or Any one of you to Call and Cause to Come before you, v Nancy Jones at the House of John Hogan in the County and State aforesaid on the 9~ day of Sept in the year of our Lord 1837, and after being first duly qualified upon her Corporal oath, to be by you administered, do you examine touching her Knowledge or rememberance touching the matters in difference between the parties in a Suit now pending in our Circuit Court holden for the County of Franklin wherein William S Hoskins is Complainant, and John W Jones, Isaac Winston And others Are defendants, in behalf of the Complainant, And her examination, So taken, you reduce into writing, And Send the Same with this Commission properly Certified from under your hand, and enclosed under you Seal, to the Clerk of the Circuit Court of Franklin County State of Alabama at a Court to be holden at the Court house in the town of Russelville On the third Monday in October next to be read as evidence in Said Cause. Witness William Lucas Clerk of our Said Court At office in Russelville this 18~ day of March 1837 And of our Independence the 61st year, Test W. Lucas Clerk Issued [blank] day of [blank] 183.
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[Following text is upside down relative to the top of the page] 36 } We agree that the disposition of Mrs. Jones Shall be taken in Agreement } pursuance to a Commission And interrogatories heretofore filed, Solicitors } Andresed in the Case of William S Hoskins (vs) John Jones and others, in Chancery, in Franklin Circuit Court, and that no objection will be made to the manner of taking Said disposition And to be just as good as if formerly taken, and no better, July 22d 1837. } W Cooper & P Walker pr. R. S. W Probas co for Complt
Disposition } The State of Alabama } Agreeable to the Annexed Commission of Jn Jones } Franklin County } to Me James Hodges directed being Are acting Justice of the peace in and for the County aforesaid, I have Caused Mrs. Nancy Jones to Come before me at the house of John Hogan in Said County for the purpose of taking her Disposition to be read as evidence in a Suit now pending The Circuit Court of Franklin County to be held in the town of Russelville at the Court house thereof on the 4 Monday after the 3d Monday in September 1837. Wherein William S Hoskins is Complainant, and John Jones, Isaac Winston And others Are defendants, 9~ September 1837. Answer to 1st Interrogatory by Nancy Jones 1st, "About three or four weeks, previous to my Marriage to Arthur Jones, which was as well as I now remember in the Month of November 1828, I informed him, Arthur Jones that I had a little property and that it was my wish that my Son William S Hoskins Should have it after my death, he being the only Child, his Jones,s reply was, that he did not Know that I had any property, And if it was my wish, I had better Convey it then, and appeared to be perfectly Satisfied and willing that I Should do So, and at the Same time observed that the property I had was no object with him, as he Jones had a plenty to Support us, he never declined entering into marriage with me unless, I would relinquish my intention of Settling
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37. } my property on my Son, Say three negroes. Sarah. Swift and Martha, but appeared more anxious than otherwise that I Should make the Settlement of my the property on my son William Hoskins, I never intimidated Arthur Jones, or Any other person that I would relinquish my intention of Settling the property on my Son, upon the Condition that he Arthur Jones would intermarry with me," Answer to 2d Interrogatory, "Arthur Jones at Sundry times in Conversation mentioned the property as belonging to my Son William the Negro Woman Sarah was in the habit of running a way, I insisted that he Jones would Sell her And get Another in her place, he always Answered that he would not Sell other peoples property." Ans to 3d Interrogatory " George W Carroll informed me Since the death of Arthur Jones that he heard Arthur Jones Say, that if I died, the property I Carried there would go to William S Hoskins, this Conversation I understood from Mr Carroll took place between him and Arthur Jones at a time that I was very low, and not expected to recover" Answer to 4~ Interrogatory, "I am well acquainted with the Negroes, there Are Six in number, a woman Sarah, a Girl Martha, and boy Swift, in the three Original, the increase Since the Settlement of the property on William S Hoskins is three in number, a boy Jackson, a Girl Harriett, And Girl Sylva, the whole Six Sold at Arthur Jones' Sale for five thousand five hundred and eleven dollars. Answer to 5~ Interrogatory, "My motive for Keeping Said Negroes in possession was that I was Keeping a boarding house in Tuscumbia at the time, and Could not do without them, as I had no others, and it being the wish of my Son William for them to remain in my possession, further this deponant Saith not," Nancy Jones I James Hodges An acting Justice of the peace in and for the
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[Following text is upside down relative to the top of the page.]
38 } County of Frankling and State of Alabama do hereby Certify that All the foregoing Answers to the interrogatories filed, are the true Answer of the Said Nancy Jones, being by me first duly qualified and the writing thereof all written in my own hand writing on the day of this date &c. Given under my hand and Seal this 9 day of September 1837. } J Hodges J.P. [Seal] Justice of the Peace for Franklin County
Objections to } The defendants object to the reading of the deposition of the witness dep.s of } Nancy Jones upon the ground of her being a defendant, Nancy Jones } Tarver & Walker,
Transcript } William S Hoskins } Copy of Orders made in this Cause in the Order } vs } In Chancery } Circuit Court of Franklin County where on Cir } John W Jones and others } this Suit was Commenced, April Term 1837. "Upon motion of the Complainant by his Solicitor, And by Comments, It is ordered by the Court, that Ann Jones have leave to file a Cross bill, and the Cause be Continued" October term 1837. "This day Came the Complainant by his Solicitor And upon motion, It is ordered by the Court that the Complianant have leave to file a Supplemental bill, and make new parties to this bill, and that the parties have leave to take deposition, and the Cause be Continued," April term 1838." This day Came the Complainant by his Solicitor, And on motion, It is ordered by the Court that William Lucas be appointed Guardian ad Litem of William, Mary C. Jones, & Martha W Adair, Children of William J appearinjg to the Satisfaction of the Court, that Sarah W Washington, and her husband John Washington, and Jacob Haigh & Matilda his wife, and John W Jones, parties Respondent to this bill, the defendants are non residents of this State, It is therefore ordered by the Court that unless they appear here
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299 and answer the Complaints amended bill, on or before the first day of the month term of this Court, the Same will be taken [2 words illegible], and set for hearing of hate [?] an to them, and that a cort [?] of tin [?] order lie [word illegible] for three weeks in the native [?] alabamian at least two months before the [word illegible] lerm [?] of thin [word illegible]"
Arties [?] lerm 1838. In [2 words illegible] is in a agreed that the City of the deed of [word illegible] in the bill [?] [word illegible] to the deed from Naney [?] William to Complaintant, lie in all things. [Word illegible] an the original deed, that to answer filed to the original bill, shall be [?] concidered on the answer to the amended bill, and the defendents be authorized to answer over if they See [word illegible], that [word illegible] defendants shall be considered hi [?] [word illegible] without faultis [?] [word illegible] or subpoena that each party, complaintants, and defendants be entitled to take testimony, and remake [?] the definition of person whose depositions have already been taken, and that this cause [?] be set for[?] [word illegible] at the next [word illegible] of this court, which agreement is needed by the [word illegible] to see placed on the records, and cause continued"
J William Lucan [word illegible] of the circuit court of Franklin County Alabama do certify that the foreging [?] are [2 words illegible] from the minutes of this court, of all order made in the foregoing cause, an [word illegible] my hand this 2nd day of April 1839. Jest [?] W Luean Clerk.
To the honorable Daniel Colemane Judge of the 4th Judicial Circiut of the State of Alabama sitting in charge [?] for the circuit court of Franklin County, Humbly Complaining show the new to your Honor your arathy [?] name James, that your arathy [?] formerly named Hoskins Jennings to her marriage with arthers [?] James deceased, did by died learning [?] date the 20 november 1828 in consideration [?] of love and affection to her only child William S Hoskins an