Edward Worthington legal case, 27 June 1801

bill as follows to with, "The joint answer of Hugh Miller Sen. and Benjamin Harrison to the bill of complaint exhibitted against them and others in the Paris District Court. These defendants saving and reserving to themselves all and all manner of benefit of exception to the many errors and manifest insufficiencies in the said complainants bill of complaint contained for them to answer, they answer and say: That these two defendants did on the sixth day of January 1798 for a valuable consideration give thin bond to the said Daniel Callaghan in the penal sum of Two thousand pounds conditioned for the payment of one thousand pounds to be paid in one year after the date of the said bond. These defendants do further answer that they at different times paid to the said Daniel Callaghan Three hundred and fifty two pounds eight shillings and three pence half penny. These defendants further answer and say that on the 24th day of April 1798 some considerable time before the said Daniel Callaghan left the state of Kentucky he assigned over to a certain George Hamilton on Cynthiana the ballance or remainder of said bond which these defendants had given to said Callaghan, and received a full and [compleat?] consideration for the same as these defendants believe. These defendants deny that they are in any manner indebted to the said Callaghan either in money, goods or effects, whatsoever accepting the bond above referred to and assigned to the said Hamilton on the day aforesaid as above stated towit, on the 24th day of April 1798. These defendants deny that they understood or knew that a

6. contracts had been entered into between the said complainant and said Callaghan in the year 1798. These defendants further state that the said Callaghan had openly declared for several months before the time that he left the State that he would move down the river to Louisiana, and that these defendants believe that some time in the month of June in the year 1798 he left Harrison County. And these defendants deny all and all manner of unlawful combination and confederacy where with they stand charged, without that, that there is any other matter, cause as thing in the complainants said bill of complaint contained material or effectual in the law for these defendants to make answer unto and not herein and hereby well and sufficiently answered, avoided, traversed or denied is true to the knowledge & belief of these defendants all which matters and things these defendants are ready and willing to aver, maintain and prove as this Honorable Court shall direct, and humbly prays to be hence dismissed with their reasonable costs and charges in the law in this behalf most wrongfully sustained.

Hugh Miller Sen. and Benjamin Harrison personally came before me and made oath that the facts contained in the above answer are true as far as relates to their own knowledge, and what facts they have obtained from the information of others they believe to be true. Given under my hand this 2d. day of April 1799. Signed William E. Boswell and

7. And afterwards towit, at a court held for the District aforesaid in October in the year aforesaid, came the complainant by his counsel, and the said defendant Callaghan not having entered his appearance herein agreeably to the act of assembly and the rules of this Court and it is appearing to the satisfaction of the court that he is not an inhabitant of this Commonwealth; on the motion of the complainant by his counsel It is ordered that the said defendant do appear here on the third day of the next term and answer the complainants bill, that a copy of this order be inserted in the Kentucky Gazette for two months successively, another posted at the Courthouse door of Bourbon County, and published at the front door of the Presbyterian meetinghouse in Paris some Sunday immediately after divine service.

And afterwards towit, at a court held for the District aforesaid in March in the year of our Lord one thousand seven hundred and ninety nine, on the motion of the Complainant by his counsel It is ordered that he have leave to take depositions agreeably to [law?].

And afterwards towit, at a Court held for the District aforesaid in July in the year last above mentioned came the complainant by his counsel, and Satisfactory proof being made to the court that the order of publication herein had been duly executed, and the said defendant Daniel still failing to answer the complainants bill. On the motion of the complainant by his counsel, his bill against him is taken for confessed, and commissions

8 are awarded the complainant to examine and take the deposition of his witnesses in this cause.

And the said cause stand upon the rule dockett from the filing of the said bill, the several rules Days therein, until the March rules in the year one thousand eight hundred and one, continued.

At which day towit, at the rules held in this clerks office in March in the year last above mentioned, the complainant replied generally to the answer of the defendants Miller and Harrison, and commissions are awarded the parties to examine and take the deposition of their witnesses in this cause, giving each other legal notice of the time and place of executing the same.

And none at this day towit, at a Court held for the District aforesaid on the day and year first above mentioned, This cause came on to be heard on the Bill and depositions, as to the said defendant Callaghan, the said bill having been taken as confessed as to him, and leave given to take depositions, and the Court now here being fully informed concerning the premises, do order and Decree, that the said Complainant do recover of the said defendant Callaghan the value of the two hundred acres of land in the bill mentioned, it appearing to the court that the said defendant hath put it out of his power to convey the same to the said complainant, but inasmuch as the Court here chooses to be informed in their consciences more compleatly as to the value of the said land.

It

9 It is therefore ordered that a jury of twelve lawful men [?] be forthwith impannelled to enquire of the damages the said complainant hath sustained by occasion of the nonconveyance of the said two hundred acres of land by the said defendant to the Complainant and thereupon a jury of the bye-standers being called came towit, Tompkin Barlow, John Curry, [?] S. Timberlake, William Laughlin, John McLaughlin, Joseph [Hildrith?], John Boyd, Jamer [Pullin], Alexander Mitchell, William Markham, Hezekiah [Couns?], and Samuel Harris who being elected tried and sworn to enquire of Damages herein as aforesaid, on their oath do say, that the Complainant hath sustained damages on account of the defendants not having conveyed the said two hundred acres of land to the said complainant to the value of four hundred pounds. Whereupon it is Decreed and ordered that the Complainant do recover of the said defendant the said sum of four hundred pounds together with his costs by him about his suit in this behalf expended.

The following depositions were taken and [returned?] herein and admitted as evidence on the hearing of this cause towit,

John Martin of full age and being first duly sworn deposeth and saith, that some time in the fall on September 1779 he was in company with Edward Worthington and Daniel Callaghan at the lower end of the falls of