Lewis Powell Vs. Charles Hart Jr.
Administrator of Charles Powell Jr. Estate

Lewis Powell Opening Statement

State of Kentucky To Wit:
To the Clerk of Mercer Circuit Court

To Wit: You are hereby authorized and directed to issue a subpoena and writ of injunction agreeable to the prayer of the within bill, inhibiting and enjoining the defendants thereof of Mercer and all others from all further proceedings on the judgement in the bill commissioned until the further order of Mercer Circuit--But said writ ? ? ? ? ? until the county? shall execute bond in your ? with security to be approved of by penalty of Five Hundred Dollars as the law directs. Given under ? of the Judges of the Circuit ? ? ? late ? the 7^th day of Ap?
John ???
To the Hon. the Judge of the Circuit Court for the County of Mercer in Chancery sitting, your orator, Lewis Powell, hereby complaining respectfully herewith. That heretofore, To Wit, some short time before the 15^th day of October in the year 1820 a certain Charles Powell of the County of Washington departed this life instate leaving his widow Lea Powell and twelve children all of whom were infants under twenty-one years of age. That letters of Administration were in some short time after his death granted in due form upon his estate by the Washington County Court to a certain Charles Hart, Jr. of the County of Mercer who in fulfillment of the duties of his office caused the personal estate of his in? the said decedent to be regularly appraised and exposed to sale to the highest bidder upon a credit of twelve months as will more fully appear by true and certified offered? copies of the said appraisement List and sale bill now filed herewith as parts of this bill.
He states that the said Charles Powell was at the time of his death considerably embarrassed that he possessed no real estate and his personal property amounting as will be seen by the appraisement and sale bill aforesaid only to the sum of $553.73 3/4 was considered by those acquainted with his situation to be ? ? ? ? to the payment of his debts. That a large proportion of his property amounting to the sum of $413.561/4 was at the time of the sale purchased by the widow Lea Powell his widow who in order to discharge the debts of the instate was ? by the administrator to enter bond with security for the amount of her purchases. That the said Lea Powell the widow accordingly on the said 15^th day of October in the year 1820 ? entered to said administrator her bond for the payment of the said sum of $413.56 1/4 together with your orator and a certain Robert Burton and James Jones as her securities and took possession of the property so purchased by her. That the said Lea Powell the widow continued to live in the neighborhood of the said Charles Hart, Jr. the administrator, having with her and supporting the children of her deceased husband and at all times able to discharge the amount of the said debt. That the said administrator ? ? ? ? property that the said Lea Powell had discharged all the debts against the estate and had paid him all that she was owing to him as administrator aforesaid and that the property which she then had was her own free from any claim or encumbrances whatever. And accordingly at the August term of the Washington County Court in the year 1824 the said administrator made a settlement with the said County Court through the ? of commissioners in which it appeared that he had ? the estate of the said decedent and had actually paid out about $17 more than the amount of the said estate. That sometime after the death of the said decedent ? on or about the day of         in the year 182 the said Lea Powell the widow intermarried in one form of law with a certain Benjamin Voiles with whom she lived as well as your orator can recollect for between two and three years. When the said Ben==Viles left her and has not since been heard of. That the said Lea remained where they had formerly lived and was frequently at the home of the said Administrator until sometime in the Month of August in the year 1827. When she departed this life. During all which time your orator states no claim was set up pursued? or assured? by the said administrator for any alleged balance upon the said note against the said Lea or her securities, but the said administrator again and again gave it out in speeches that the said Lea had paid off every claim against her and was the absolute owner of her property and actually settled his accounts with the Court showing the ? and disbursement of all amount equal to the whole of the estate of the said decedent. He states that since the death of Lea the said administrator has filled a suit against your orator and the other securities aforesaid of the said Lea in the note aforesaid and at the last term of the Mercer Circuit Court in the year 1827 secured judgement against them for $186.50 besides interest and costs which have never been compiled to date and will soon be compelled to pay unless restrained and relieved by the interposition of the Chancellor. He here refers to and makes a true and certified copy of the record and proceedings of the judgement at Law aforesaid a parr o this bill. He states further that on 28 August in the year 1807, the said Charles Powell together with your orator as his security ????? note to a certain Jeremiah Briscoe for payment of fifty doollars with interest from the date payable in eighteen months after the death of Sarah Powell, the mother of your orator, that on the 12th day of January 1828 he paid off the full amount of the said note and took assignment thereon now filed here as a part of this bill and that there was at the time of its payment aforesaid by your orator near sixteen year? interest due thereon that the said Sarah Powell is now about eighty years of age and cannot in ordinary circumstances of nature survive many more years to come. Should your orator be successful in showing that the amount of the note to the said administrator has been paid by the said Lea during her lifetime in as much as the estate of the said Charles Powell is exhausted he prays that the interest upon the note last mentioned which is now due and the principle which most unavoidably will be due in a few years, may be set off against so much of the judgement in favor of the said administrator.
Now so it is may it please your honor and for as much to the end of that your orator may obtain justice in the preliminaries he prays that the said Charles Hart Jr. Administrator as aforesaid and the said Robert Burton and James Jones his co-securities in the note aforesaid and Thomas Hardgrave and Thomas Hungate the securities in the ?? bond aforesaid may be made defendants to this bill and that they may be compelled to answer the same under oath accordingly to the practice in the chancery. He prays that in the mean time the said Charles Hart and all other concerned may be enjoined and restrained from all further proceedings upon the said judgement at Law until the matter set forth in this bill cen be heard in equity and that upon a final hearing the said injunction may be made perpetual. He prays that the said Charles Hart Jr. may say upon his oath whether the said bond was not paid off in full by said Lea during her lifetime? Has he not said so? Has he not settled his accounts as administrator aforesaid showing recapture and disbursement of the full amount of the estate of said decedent during the lifetime of said Lea?
He prays the commonwealth ?? of the ?? with injunction restraining and foresaid other and further general relief now and at all times hereafter as may be con?/ with equity and applicable to his case and as is the duty bound he prays.
Lewis Powell
name non legible counsel for Complainant
We hereby release all ?/ in the judgement and proceedings at Law prayed to be enjoined by the foregoing bill in chancery given under our hand and seal this 11th February 1828.
clerk? same name as above Lewis Powell Robert Burton

Charles Hart, Jr. Answer

The answer of Charles Hart Jr. Administrator of Charles Powell decd. to a bill in Chancery filed against him in the Mercer Circuit Court by Lewis Powell. This defendant saying for answer says. He admits the death of Charles Powell, that he left a widow and children and that this defendant administered upon his estate as in the bill stated. He had the estate legally appraised and exposed to sale as stated in said bill. It is true Dec'd. had no real estate, that he was much embarrassed and his personal estate was considered inadequate to the payment of his debts, It is also true that a large proportion o the property was purchased by the widow as in said bill stated and she was required for the purpose and with the object in view as stated in the bill to execute bond security for the amount of her purchase, and she and her securities did execute the bond in the bill mentioned and took possession of the property so by her purchase. He denies most positively that the said Lea Powell or any one else for her ever did pay off said bond or in any manner discharge the same, any further or to any greater extent than is credited on said bond and for which the proper credits were given on said bond and in the judgement at law and denies that he has made such declarations as charged in the bill. It is true that this defendant has made one or more settlements with the Washington County Court, by which it will appear that said estate is fully administered and that there remains nothing unadministered, and that he has by advancing his own money and services, made disbursements to the whole amount of said estate. He considered the bond executed by her and securities, her brother in law and friends as good and ample for the amount, the defendant as it carried interest and he could afford to be out of the use of and as the widow was poor and had a large family of children, he chose to indulge her as he had a right to so. It is true she intermarried with Viles as in the bill stated. Which did not better her situation and also that Viles ran away which may somewhat have relieved her from a worthless husband. And it is true she lived sometime in the neighborhood of this defendant without ever paying said balance due on said bond. And without this defendant choosing to coerce her, or admitting or saying she had paid up said defendant.

It is also true that she has died and left some property, and this defendant has been informed and believes it to be true and so charges that soon after the death of said Leah the Complainant and Burton on bond of his cosecurities, knowing their liability for the balance claimed and due upon this bond, have actually secured, taken possession of and sold as their own sufficient of the property left by said Leah to pay off the judgement of this defendant against them and taken bond to themselves. Which fact, if deemed material this defendant has no doubt he can satisfactorily prove. He admits the institution of his suit at law and recovery of judgement for $186 50 cents Interest and costs as the balance due and unpaid on said bond. This defendant does not deny that Charles Powell and complainant may have executed the note of $50 to Briscoe and that complainant may have paid or purchased it, but he most emphatically denies that complainant has any right now to set it off against this defendants judgement.
This defendant as complainant states has fully administered and paid out the whole amount of the estate and certainly he must be entitled to collect the bonds given to him as a part of the proceeds of the sale. Otherwise he must lose all he advanced of his own money. And this is the first time he has ever heard of an Administrator being required to pay up first the full amount of the sale bill and then also to pay to creditors the proceeds of the bonds taken by him for the sale money. In answer to the interrogators he says said Leah did not pay up the whole of said bond, nor any more than is credited on it nor has any other person. Nor did he ever say she had. He has made his settlements as before stated with the county court of Washington.
1828 June the 3rd sworn to according to law in the clerks office.
Thos. Allin clk Hart }and } Powell } ANS

Martin Bottom
14 June 1828
Perryville City
States: He heard Charles Hungate say if complainants would give him $5 he could clear them of Note; Charles Hungate and Charles Hart Jr. have been at law for years; and "About nineteen months ago I went in company with you (Charles Hart Jr.) to the residence of deponent Hungate, to demand a ? bond that said Hungate held? of you who informed him that he had filed a deed in the clerks office and wished to lift his bond and that Hungate then got in a passion and took up an axe and told you if you did not go away he would kill you, and told one of his boys to go to the house and bring him the gun---," Charles Hungate said the bond had been paid, acquainted with Hungate many years and "his character is about as common as any."

Eli Hart
14 June 1828
Perryville City
States: Hungate and Hart have been at law for many years; Hungate threatened to kill Hart "at Charles Hungate's in his lane in consequence of the tender of a deed being ?? to him."

Tarlton L. Crane
16 June 1828
Perryville
States: He was present at sale of property of Benjamin Voiles and Leah Voiles formerly Leah Powell late widow of Charles Powell dec'd. made by Lewis Powell, Robert Burton and James Jones. Powell, Burton, and Jones were selling property to make themselves safe against a bond held by Hart on Charles Powell Jr. estate; Crane acted as Clerk of Widow's sale; Amt. Of sale $174.93 1/4; Powell & Burton said they would sell only enough property to make themselves safe; some of property sold very low. Widow Powell lived out of Hart's neighborhood when she died. Question: Was or was not Leah Voiles a widow when she died. Answer: I never heard of the death of Voiles.

David Henry
16 June 1828
Perryville
States: He cried the sale of Charles Powell dec'd & wrote the original bond in question. He was called to cry the sale of Widow Powell, he went but did not cry the sale. Powell said to him he would sell property enough to make him safe if it did not bring one cent to the dollar. Widow Powell lived about seven and one half miles form Hart in her widowhood, but "to go the way they generally go it is about ten miles.

Benjamin Thomas
16 June 1828
Perryville
States: He live a close neighbor to Leah Powell Voiles during her last illness. She was confined to her bed nine or ten months. He was present at Widow's sale and it was for the purpose of protecting Powell, Burton & Jones from a debt owed to Charles Hart, Jr.

Thomas Crawford Sr.
17 June 1828
No Place Listed
States: He knew Hungate tried to purchase from Olaniow? Land that Hart sold to Hungate knowing Obannion had pledged land to Hart.

Benjamin Martin
17 June 1828
No Place Listed
States: He heard Hungate say he would kill Hart "provided you ever came back pestering him with your papers again."

John Kimberland
13 June 1828
Perryville
States: He was one of the commissioners who made settlement of Charles Powell dec'd estate, he thought at the time there were six legatees entitled to about Seven Dollars each. He thinks now said money coming to Powell legatees was in the hands of Benj. Voiles. The Widow was "down and confined to her bed with dropsy, six to eight months before she died. Widow was a near neighbor of Kimberland "the greater part of" twelve to fifteen years. She lived about six miles from Hart at the time of her death. She contracted business for herself and "I think she was too greedy and grasping a woman to suffer any advantage to be taken of her papers....She was one of the tightest kind of women." He "saw her use her mark" to sign her name. He remembered Hart saying "once a short time before her death at her own house he told me he went with a view of naming a settlement but finding her in so low a state of health he hated to name it to her."

Henry Powell
13 June 1828
Perryville
States: He does not believe his mother Leah Voiles formerly Leah Powell could either read writing or write her name. "I recollect of working at said Hart's a few days in the spring after my father's death with one or perhaps two of my brothers with me, but I believe it was for services rendered by said Hart, but whether it was for services rendered as Adm. Or for private services rendered to my Mother I don't now recollect, as he acted in both capacities... I recollect Hart settling a debt for my Mother with Mr. Harman." Hart and his mother were "in the habit of swapping work, he recollects said Hart Hauling a load of Tobacco to Springfield and hauling in a corp of corn and also a load from Tally's to the Rolling Fork." He heard his mother "exclaim against Benj. Viles her then husband for not coming forward and settling up and paying her bond." He lived a mile or a mile and a half from his Mother at the time of her death & "went to see her only three or four times before her husband Voiles left her which was about four weeks before her death, during two or three weeks of which time I was at her house every day." After her death his mother's property was sold by Lewis Powell, Robert Burton & James Jones to pay a note Hart held on them. Powell and Burton said they would sell the property if it did not bring half its worth & if no one bought it they would buy it themselves. He offered Lewis Powell more for some of the property than it brought but Powell refused to let him have it. He was present at the sale and urged to bid by the parties selling. "They selected me and my brothers to purchase the property and become paymasters to Hart and release them from the debt." Benjamin Viles and his Mother lived together as man and wife about three years.

Thomas Crawford Sr.
11 July 1828
Office of Nelson May Esq. Perryville
States: People think Charles Hungate "talks a great deal and pretends to know more than he really does know." The mother of Lewis Powell is yet alive.

William Dunkin
11 July 1828
Office of Nelson May Esq. Perryville
States: Lewis Powell and Charles Hungate are brothers-in-law. Powell Hungate and John May are connected by marriage.

David Powell
11 July 1828
Office of Nelson May Esq. Perryville
States: He was frequently at the house of Leah Powell Voiles during her last sickness & her her express anxiety concerning a bond owed on the sale of her husband's estate & she frequently solicited Voiles to make arrangement to pay the bond. He gave Hart a receipt for six and a half dollars for money advanced to Powell legatees. The mother of Lewis Powell is alive. He heard Hart borrowed money to pay some debts of the Charles Powell estate.

James Schooling
11 July 1828
Office of Nelson May Esq. Perryville
States: "I know that Layton never was indebted to Schooling. I understood that Hungate owed Layton fifteen dollars or fifteen barrels of corn. The general report was that he had sworn himself clear of the debt and after ?? he (Schooling) got a judgement and made the debt." It was generally spoken that Hungate had sworn falsely.

Benjamin Cox
11 July 1828
Office of Nelson May Esq. Perryville
States: Mrs. Voiles said she had a settlement with Charles Hart and she thought hard of his charges.

Lewis Powell Jr.
19 Sept. 1828
John Williams Home Perryville
States: He heard Charles Hart say the estate of Charles Powell owed him nothing.

Catharine Hungate
19 Sept. 1828
John Williams Home Perryville
States: She heard Charles Hart Jr. say the widow had paid off all the debts and all that she had was hers.

George H. Briscoe
03 March 1829
Edward Bullock House Perryville
States: "He (George H. Briscoe) as the Administrator of his father (Jeremiah Briscoe) Dec'd. held a note on Charles Powell, Jr. (also Dec'd.) with Lewis Powell one of the complainants above named as security to said note which note was payable eighteen months after the death of Sarah Powell mother to the aforesaid Charles and Lewis Powell and the interest thereon accruing from year to year was to be paid annually by said Charles Powell but he failing to do so admitted the note to accruement? until it exceed the amount due him (Chas. Powel Jr.) as an heir of Charles Powell Sr. Dec'd and was about to cover the interest out of his security Lewis Powel at which time he the said Lewis Powel did agree and did take up Charles Powells note to which he was security and executed his own note for the said principal and interest (rest of line unreadable) on Charles Powel Dec'd. to which he was security for his only proper was and bought??" To the best of his knowledge Mrs. Sarah Powell is still alive.

John Kimberlin
03 March 1829
Edward Bullock House Perryville
States: He heard his wife say that Mrs Viles late widow of Charles Powell had spoken unfavorably of her son Lewis Powell Jr.
Note: John Kimberlin claimed attendance and rode nine miles.

Sally Taylor
10 March 1829
Edward Bullock Home Perryville
States: She was frequently with her Mother, Leah Voiles, before and during her last illness and that the bond she owed Charles Hart Jr. was not paid and frequently heard her mother exclaim against Benjamin Voiles, her then husband for not paying the debt. Her mother was in her right mind and senses when she made these statements. Her father died 8 or 9 years ago.

Polly Powell
10 March 1829
Edward Bullock Home Perryville
States: She lived with her mother (Leah Voiles, formerly Leah Powell) until her death and her mother said this bond was not paid..

Elizabeth Nail
10 March 1829
Edward Bullock Home Perryville
States: She heard Lewis Powell ask her son Henry to swear against Charles Hart Jr. and offer her son a suit of broadcloth clothes if he would swear as he wanted him, but Powell was beastly drunk. Question by Powell: Was or not I so drunk that your sons had to convey me home? Answer: You was.

Henry Taylor
10 March 1829
Edward Bullock Home Perryville
States: "He was frequently at the house of Leah Voiles, formerly Powell, and that he often heard her say she had not paid off a bond she had executed to Charles Hart, Jr. Adm. of her late husband Charles Powell Dec'd. That he frequently heard her exclaim against Benjamin Voiles her then husband for not paying off said debt, and that she applied to this deponent for money to pay said debt. On being further interrogated by the defendant this deponent saith that Lewis Powell the defendant came to his house and in a very friendly manner and invited him and his wife to come and see him, a thing he had never done before until the institution of this suit against him by you. This deponent further saith that he frequently heard Leah Voiles formerly Leah Powell say she had the utmost confidence in you, Hart, and that she had no fear of your deceiving or taking any advantage of her." Lewis Powell (Lewis Powell Jr.) who made a certificate in this case on 5 March 1829 is the son of Charles Powell dec'd and Leah Powell.

Henry Powell
10 March 1829
Edward Bullock Home Perryville
States: Lewis Powell who gave the certificate on 5 March is a son of Charles Powell dec'd. At W. T. Henry's grocery he (Henry Powell) had a conversation "Robert Burton addressed me calling me Lewis Powell (I suppose through mistake) and observed, Lewis, if you will help me and your Uncle (meaning Lewis Powell, complainant) we will come out as straight as a shingle." He heard Benjamin Cox state that Lewis Powell would pay him well for making a deposition in Powell's favor. (Benjamin Cox of Washington Co. Was summoned to attend this same day but did not appear.)

Henry Nail
10 March 1829
Edward Bullock Home Perryville
States: "That some five or six months ago Lewis Powell the complainant in this suit offered him a suit of broadcloth clothes if he would swear for him against Charles Hart. Deponent told him he knew nothing to swear. Powell told him he must swear as he wanted him and if he would he would give him a suit of clothes worth forty dollars." Powell made the offer again three or four times while Nail was living with William Duncan. Powell was a little intoxicated when he first made the offer, but "he was generally at all other times."

William Duncan
11 March 1829
Edward Bullock Home Perryville
States: Lewis Powell came to his house two or three times during the time Henry Nail lived with him. He believed Powell was duly sober. Powell and Burton said they were ready and willing to pay the heirs the money in question on a fair settlement, but were unwilling to pay it to Hart.

John W. Bullock
11 March 1829
Edward Bullock Home Perryville
States: "That he heard Mr. Lewis Powell complainant say that he had the money of the heirs and that he would pay it upon a fair settlement but Charles Hart would never have it if he could help it. This deponent further saith that the above statement was made by said Powell on yesterday, and that he heard him a few days ago say he had the money, that he had sold property to secure himself and further this deponent saith not."

John Gibson
11 March 1829
Edward Bullock Home Perryville
States: The same as above statement of John W. Bullock.

Charles Hart Sr.
11 March 1829
Edward Bullock Home Perryville
States: He heard the Widow Voiles say on her death bed that Charles Hart Jr. was the best friend she ever had. Charles Hart Jr. borrowed money form him to pay the debts of Charles Powell dec'd.

David Hart
No Date
N. Mays Esq. Office Perryville
States: He knows Leah Powell widow of Charles Powell was the sister of the mother of defendant Hart and that she was an orphan and raised by the Father of defendant, and at the death of her husband was left with ten or twelve children (and very poor crossed out), that she would not have been able to keep house if she paid this bond. She was "particularly after her marriage more unfortunate than otherwise and that she was an industrious woman."

Beverly Williams
No Date
N. Mays Esq. Office Perryville
States: He had lived a "close neighbor to them for a number of years and have always understood and I believe she was a sister to your (Hart's) Mother that she was an orphan and raised in the family, and when she died and was buried I heard your Father say as he often stated before he believed she was the best child he ever raised." The Widow was very poor.

John Goodnight
No Date
N. Mays Esq. Office Perryville
States: Leah Powell was sister to Hart's Mother and she was left a very poor and unfortunate widow with a number of children.

Eli Hart
No Date
N. Mays Esq. Office Perryville
States: Leah Powell was sister to Hart's Mother and "I believe she had twelve children and was very poor and she told me that the estate was much more in debt than she had."

Benjamin Martin
11 March 1829
Edward Bullock Home Perryville
States: He heard Hungate say he did not believe there was any Hell.

James Jones
11 March 1829
Edward Bullock Home Perryville
States: He hear Charles Hungate say he believed there was no punishment after death but that all the Hell a man suffers is in this world.

James F. Bottom
11 March 1829
Edward Bullock Home Perryville
States: Same as above James Jones statement.

John Powell
30 March 1829
Richard Huff Home Mercer County
States: "Deponent says that he was at Mrs Viles (his mothers crossed out) frequently during her illness and also states that he never heard (his mother and several other words crossed out again) anything said about this Bond during (more crossed out) or Hart." He thought Mrs. Viles had property enough to pay all her debts had she been called to. Mrs. Viles purchased a track of land paying one horse at Eighty Seven Dollars and one ditto at Forty Dollars. She kept all her children together after the death of her first husband and always had plenty to support them comfortably.

Pleasant Hungate
30 March 1829
Richard Huff Home Mercer County
States: He heard Charles Hart Jr. say the estate of Charles Powell owed him nothing.

Elijah Jefferies
05 March 1830
Mrs. L. C. Robertson Perryville
States: Deponent believes that Mr. and Mrs. Viles lived between three and four years, about one mile or a little upwards from him, and continued to live there until a short time previous to her death. He deposed was frequently at there house during said term, and believes they lived plentifully and also believes they were at any time during his acquaintance with them able to have paid one or two Hundred Dollars.
QUESTION BY DEFENDANT HART:
Do you or not know what the estate of Benjamin Viles was worth, at the time or shortly after the death of Mrs. Viles, late widow of Charles Powell Dece.
ANSWER:
I would suppose the estate was worth upwards of Two Hundred Dollars previous to the sale of property made by the complainants Powell and Burton.
QUESTION BY SAME:
Do you or not suppose that she could possibly have kept house had the amount of money been collected of her which I obtained judgement for against complainants Powell and Burton.
ANSWER:
I believe she could as her children were (except one or two) large enough to aid her in doing so.
QUESTION BY SAME:
Do you or not know how many children were living with her at the time or shortly before her death.
ANSWER:
There were Four or five, the youngest of whom was eight or nine years old.
QUESTION BY SAME:
Did you or not consider her a hard working, poor unfortunate woman.
ANSWER:
I did consider her a hard working woman and unfortunately situated with both her husbands.
QUESTION BY SAME:
Do you or not know that Viles left his neighborhood considerably in debt and if so for how many different persons.
ANSWER:
He went off in my debt $1.25 and I have understood that he was indebted to several other persons, but had no knowledge of any large sums.
Note: Elijah Jefferies claims attendance having rode from Washington City a distance of 7 miles.

Henry Powell
13 May 1830
Samuel Ewing House Perryville
States: He understood from his mother a few days before her death the Bond had never been discharged. He was never six months without visiting his Mother until her last sickness. There was a dispute between him and his Mother over division of the land. She paid for part of the land. Question: Did you or not sell said land. Answer: The land was to be hers when paid for.

David W. Ellis
13 May 1830
Samuel Ewing House Perryville
States: "Complainant Powel's son Charles owed me some money for which I had obtained a judgement, we afterwards agreed to compromise the matter allowing a deduction of Five Dollars by getting the money in hand; ?? said judgement and after doing so and waiting a reasonable time, I asked for the money as I wished to go home. The said Charles observed that he had not the money; A second application was made, and a similar answer given. A proposition was then made to return to the house of claimant Powells (as we had left his house) in order to see if the money was there, and when the matter was named to him he demanded the settlement and receipt, objected to paying the money ?? giving up the receipt and observed that all might go to Hell; Claimant showed me when about to ?? the bill was as I believe a Ten Dollar Commonwealth bank note which amount he agreed to pay in hand and (three lines crossed out here) because responsible for the balance coming to me and I compromised by giving a Due Bill."

Thomas J. Crawford
02 July 1830
No Place Listed
States: On 22 June as a Justice of the Peace at the house of complainant Powell took a deposition of Miss Nancy Bottom and had to call Powell to order two or three times for dictating to the witness. He also told Hart he was asking improper questions.

Lucy Campbell formerly Lucy Martin
03 July 1830
No Place listed
States: She went with Miss Nancy Bottom to see Mrs Voyles where she lay sick at the house of the defendant Hart and Hart's daughters, Easter and Polly, were in the same room with Mrs. Voyles at the time. She heard defendant Hart say in her mothers house that he was acting for the fatherless and the widow.

George Campbell
03 July 1830
No Place Listed
States: He has know Jacob Powell about seven years. Jacob Powell has lived a near neighbor to Campbell for three or four years and his character is a good one.

Henry Powell
03 July 1830
No Place Listed
States: That his mother Leah Voiles in her last illness refused to be moved from her place of residence until her son Jacob could be got to come and stay and take charge of the children properly and that he did come and agree to stay upon which she appeared to be well satisfied to be moved, believing from the confidence she had in Jacob that he would take good care of the family property.
QUESTION BY DEFENDANT HART:
Do you or not know that your mother Leah Voyles shortly before her death gave up to me a parcel of her papers among which was a title bond she held on you for a piece of land then in her possession, and if so state what has transpired between you myself and others relative to those papers and title bond since that time.
ANSWER:
I understood from you that first time I saw you after her death she had given up her papers to you amongst which there was a title bond on myself for a piece of land which title bond I called on you to let me see shortly after I received the above information. You got the bond from amongst my mothers old papers and showed it to me and then put it back into the same old bunch of papers, I further recollect that in a conversation with complainant Powell at the widow Martins I informed him that I had seen some papers of my mothers in your possession at which time said Powell asked me if I knew what papers they were. I answered him I did not except the title bond she my mother held on me for a deed to the land above allured to and further this deponent saith not.

Jacob Powell
05 July 1830
No Place Listed
States: That he was called on shortly before the death of his mother Leah Voiles to come and take charge of her property and children, she being very low and it was thought best that she should be removed to where she could be better taken care of, and that he went according to her request.
QUESTION BY DEFENDANT HART:
Did or did not you and your mother have a conversation about her property and the bond now in controversy between myself and complainant Powell, and if so state what that conversation was.
ANSWER:
WE had a conversation about her property and said bond, and she requested me to take care of the property, that she did not think she was long for this world and that she expected you would make sale of the property to pay off said bond.
QUESTION BY SAME:
Have you or have you not at several other times understood from your mother that said bond was not paid off.
ANSWER:
Yes I have heard her say so several times.
QUESTION BY SAME:
Have you or not at different times heard your mother say I was the best friend she ever had, and that if I had pushed on said bond for the money it would have broke her up so that she could not have kept house.
ANSWER:
Yes, I have heard her say so at different times.
QUESTION BY SAME:
Do you or not know the reason why I have not taken your deposition before this time, and if so state what it was.
ANSWER:
I suppose the reason why you have not taken my deposition before was you did not know until lately that I knew anything about the matter in controversy and that you lately found it out from a conversation I had with John Martin.
QUESTION BY COMPLAINANT POWELL:
Did you or not tell me that you were one of the legatees and that a part of this money was coming to you.
ANSWER:
No, not that I recollect of and further this deponent saith not.

John C. Martin
05 July 1830
No Place Listed
States: He has known Jacob Powell about ten years and his general character stands fare as a man of truth and honesty. About two weeks before Martin told Hart he thought Jacob was the best witness Hart had. At that time Jacob was at the Ironworks.

Joseph Jeffferies
29 June 1832
James Kenly House Perryville
States: He thought Nelson Crane was unfriendly toward Hart.

George W. Ellis
29 June 1832
James Kenly House Perryville
States: Nelson Crane has been hostile toward Hart and has recently become very friendly to Lewis Powell. He has lived in the same neighborhood with Henry Powell for several years and his character as a man of truth has always been good so far as Ellis knows.

John C.Martin
29 June 1832
James Kenly House Perryville
States: He has live in the same neighborhood as Henry Powell a number of years and he has never heard that Powell's character was not good.

John Kimberland
29 June 1832
James Kenly House Perryville
States: Same as above Martin deposition.
QUESTION BY HART:
Did you or not ever go the security of Leah Voiles formerly the widow Powell or Benjamin Voiles to me in any way whatever.
ANSWER: I never did.
QUESTION:
Do you or not know of any other John Kimberland but yourself or any other Benjamin Thomas, but the Benjamin Thomas, That went in security with your or Benjamin Voiles as guardian to some orphan children in the county court.
ANSWER:
I know of no other of the same name in Washington or Mercer Counties over twenty one years of age, and further saith not.

David Henry
29 June 1832
James Kenly House Perryville
States: "I did hold a conversation with Nelson Crane on the 23 day of March last, I asked him if he was going togive his deposition, he said he was, I as a friend advised him not to do it and told him I understood he had given two or three depositions in this suit already and that if he gave another Hart would blow him sky high. I told him that Hart would prove him a liar. I also referred him to a circumstance in which Hart would prove him a liar and observed to him that I expected to be called and if I was he knew what I would have to swear.." He has know Henry Powell since he was a boy and his general character is good and he is to be relied on in his neighborhood.
QUESTION BY COMPLAINANT POWELL:
Do you or not know that Henry Powell was charged with swearing falsely in a suit between Pipes and Graves.
ANSWER:
I heard Isaac Alexander charge him with swearing false wherein Morris Pipes was complainant and James Graves was defendant.
QUESTION BY DEFENDANT HART:
Do you or not know that Isaac Alexander had a claim of the same nature of the one between Pipes and Graves.
ANSWER: I do.
QUESTION BY SAME:
Do you or not know that Alexander showed great animosity on the suit between Pipes and Graves.
ANSWER: I do.
QUESTION BY SAME:
Do you or not know that Alexander ?? ??? ??? of the same nature of Pipes and that he was in favor of Pipes.
ANSWER: He had a claim of the same nature of Pipes and showed great animosity in favor of Pipes and further saith not.

James Graves
June 30 1832
No Place Listed
States: QUESTION BY HART:
Did you or not as a Justice of the peace for Washington County on Monday last take the depositions of Benjamin Thomas, Thomas Taylor, and H. Burton? Wilson for complainant Powell respecting Henry Powells general character.
ANSWER: I did.
QUESTION BY SAME:
Did or not said despondent state in their depositions that they never heard (said Powell) charged in another case but that of your own and Morris Pipes, and when charged by Isaac Alexander who had a claim against you of the same nature of that of Morris Pipes.
ANSWER:
It is my impression that they did state that they never heard him charged in any other case and that charge was made by Isaac Alexander who had a claim against me of the same nature of that of Pipes.

Edmond Bottom
28 June 1828
No Place Listed
States: He is the brother-in-law of Charles Hungate and Lewis Powell.

John May
28 June 1828
States: He and Charles Hungate were little boys together, has know him for 35 or 36 years, and believes Hungate to be of good character.

William Bottom
28 June 1828
States: He has know Charles Hungate 18 or 20 years and believes Hungate is honest in his dealings. Lewis Powell and Charles Hungate are married to William Bottom's cousins.

Cyrus Powell
No Date
No Place Listed
States: Widow Powell lived "on the Rolling Fork about three years during her widowhood, which was a distance of nine or ten miles form your (Hart's) house. At the time of her death her house was about four miles form Hart's house. She was confined to her bed not able to get out of her house about eight or nine months before her death. He understood Hart held a bond on the Widow Powell and it was not paid.

David Powell
No Date
No Place Listed
The separate answer of David Powell to the bill and amended bills exhibited against him and shown? in the Mercer Circuit Court by Lewis Powell, complainant.
This deponent ?airing? his erring?? ect.?.? for answer to the said bills of complainant saith that he admits his appointment of adm. of Lea Viles formerly Lea Powell estate. He has no knowledge or belief that the note in complainants bill mentioned was paid off in her life time. That in her last illness he frequently heard her speak of a bond that Ch. Hart Jr. (his? as deft.) held on her for property she had purchased at the sale of her late husband Char. That she had frequently wanted Viles her (then husband) to go and see Hart make arrangements and pay off the bond. This defendant wishes? this deposition heretofore given in this com.? and wants? this made a part of his answer. So far as this deft. has not denied? or admitted and conceded the allegations in complainants bill original and amended he ham? the complainant ?support the same by proof. Having fully answered he prays honor? ?? dismissed with ent.? ?? (This last seems to be a legal term.)
David Powel
Note: Much of this I couldn't transcribe, but it seems to be David's answer to allegations made by Lewis Powell against him as Administrator of Leah Powell's estate.)

Final Decree

No Date Given
Lewis Powell
against } In ??
Powell's Adm.

It appears from the sheriffs return on the subpoena against Burton and Jones that the same was executed prior to the last term and they failing to appear and answer the bill. It is decreed that the bill as to them be and the same is hereby taken as confirmed. And the case came on was heard on the bills of complainant answers depositions and exhibits, and the court having inspected and considered the same, it is decreed and ordered that the injunction heretofore awards the complainant Test??? proceedings on the judgement at law, be and the same is hereby disallowed? and that Goldman Hart the Adm. subonis?? now of Charles Powell Dec'd. recover against the complainant $18.60 being ten per anum damages on the amount enjoined, and that the bill of the complainant be and is hereby amended?? and finally that the defendant recover against the complainant their costs in??ters suit exhibited?

Note: I transcribed and proof read this as carefully as I possibly could. The questions marks are total mysteries. Although the wording sometimes does not make sense, this is as close as I could come to the actual words. Some of the illegible words are legal terms. Fleta Aday

Depositions in P#24 that we do NOT have copies of


Benjamin Fisher (2)
Reubin Sleet
Daniel Nichols
William Thompson
William S. Williasm
Nelson Mays
Benjamin Martin (2)
Susan Martin
John D. Bobinson
Micajah Martin
Jefferson McGinnis
Washington Pipes
Samuel Ewing
Nimrod Cromwell
Mathew Flournoy
James Flournoy
Armstead Patterson
Thomas J. Crawford
Edmund Sandifer
C. F. Burton
George Warner
Cryus Crawford
W. E. Crawford
J. Alexander
M. Pipes
Walker A. Broadus
Thomas Martin

Researchers Note: There are a lot (many-many a multible number) of other papers- not depositions)

Powell - Bottom - Hart Family Connections

Charles Hungate mar. Peggy Bottom, sister to Milly, Edmund and William
Charles Hart Sr. mar. A sister to Leah Goldman

• Children of Charles Powell Sr. & Sarah Gholson
  • 2. Charles Powell Jr. mar. Leah Goldman, sister to wife of Charles Hart, Sr.
    • 3. Sarah (Sally) mar. Henry Taylor
    • 3. Lewis Jr. mar. Dorshy Harrington
    • 3. Henry mar. Matilda Hilton
    • 3. John mar. ?Mary Martin?
    • 3. David mar. Lucinda Shewmaker
    • 3. Jacob
    • 3. Cyrus mar. Matilda Porter Crane
    • 3. Polly
    • 3. James Walton mar. Emarilla Thruman
    • 3. Elijah
    • 3. Elisha mar. Mary Ann Holderman
    • 3. Goldman mar. Mary Ann Hardin
  • 2. Lewis Powell mar. Milly Bottom, sister to Edmund, William & Peggy
    • 3. Charles mar. Susan May dau. John May
    • 3. Mary mar. Thomas Martin
  • 2. Sarah (Sally) mar. Edmund Bottom, brother to Milly, William & Peggy