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The deposition of James W. Smiley of lawful age taken at the Tavern house of Nathan C. Anderson in the Town of New Market, in the County of Nelson & State of Virginia to be read as evidence on the trial of a suit now depending and undetermined in the Circuit Superior Court of law and Chancery for the County of Amherst, wherein William J. Isbell, Maurice H. Garland Administrators of the will annexed of Christopher Isbell deceased and Robert Isbell res Plaintiffs and Elisha Peters and others are defendants.
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The deposition of James W. Smiley of lawful age taken at the Tavern house of Nathan C. Anderson in the Town of New Market, in the County of Nelson & State of Virginia to be read as evidence on the trial of a suit now depending and undetermined in the Circuit Superior Court of law and Chancery for the County of Amherst, wherein William J. Isbell, Maurice H. Garland Administrator with the will annexed of Christopher Isbell deceased and Robert Isbell are Plaintiffs and Elisha Peters and others are defendants. This deponent having been first sworn according to law deposeth and saith
  This deponent having been first sworn according to law deposeth and saith
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Question by the Defendant Peters.  Did you know the boy Edmund who is the subject of this controversy. If so state whether or not he was sound or unsound.  How long you knew him and when you last knew him and what was his health then? Answer.  I had the Boy Edmund who is the subject of this controversy in my possession some two or three weeks, directly after, he was taken from under Mr. Proffitt his overseer in June 1832.  I always thought him a sound boy, he never was sick or complained whilst I had him.  I saw him almost every day whilst he was at New Market for two or three month after I had him and never knew or heard of his being sick or complaining.  I always considered him remarkably sound and healthy; and further said not.  James W. Smiley
Question by the Defendant Peters.  Do you know the boy Edmund who is the subject of this controversy? If so state whether or not he was sound or unsound.  How long you know him and when you last know him and what was his health then?
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The Plff W J Isbell was Present but declined asking any questions.
Answer.  I had the Boy Edmund who is the subject of the controversy in my possession some two or three week, directly after, he was taken from under Mr. Proffitt his overseer in June 1832.  I always thought him a sound boy, he never was sic or complained whilst I had him.  I saw him almost every day whilst he was at New Market for two or three month after I had him and never knew or heard of his being sick or complaining.  I always considered him remarkably sound and healthy and further said not.  [signed] James W.Smiley
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    The Plff W J Isbell was present but declined asking any questions.
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Nelson County to wit:   I Charles Perrow Commissioner appointed by the Judge of the Circuit Superior Court of law & Chancery for Nelson County for taking depositions, do hereby certify that the foregoing deposition of James W. Smiley was taken subscribed and sworn to before me in due form of law at the place and on the day mentioned in the Caption.   Charles Perrow
Nelson County to wit:
 
    I Charles Perrow Commissione  appointed by the Circuit Superior Court of law & Chancery for Nelson County for taking depositions on the day & at the place named in the caption. [signed] Charles Perrow
 

Latest revision as of 11:17, 29 January 2022

The deposition of James W. Smiley of lawful age taken at the Tavern house of Nathan C. Anderson in the Town of New Market, in the County of Nelson & State of Virginia to be read as evidence on the trial of a suit now depending and undetermined in the Circuit Superior Court of law and Chancery for the County of Amherst, wherein William J. Isbell, Maurice H. Garland Administrator with the will annexed of Christopher Isbell deceased and Robert Isbell are Plaintiffs and Elisha Peters and others are defendants. This deponent having been first sworn according to law deposeth and saith Question by the Defendant Peters. Did you know the boy Edmund who is the subject of this controversy. If so state whether or not he was sound or unsound. How long you knew him and when you last knew him and what was his health then? Answer. I had the Boy Edmund who is the subject of this controversy in my possession some two or three weeks, directly after, he was taken from under Mr. Proffitt his overseer in June 1832. I always thought him a sound boy, he never was sick or complained whilst I had him. I saw him almost every day whilst he was at New Market for two or three month after I had him and never knew or heard of his being sick or complaining. I always considered him remarkably sound and healthy; and further said not. James W. Smiley The Plff W J Isbell was Present but declined asking any questions.

Nelson County to wit: I Charles Perrow Commissioner appointed by the Judge of the Circuit Superior Court of law & Chancery for Nelson County for taking depositions, do hereby certify that the foregoing deposition of James W. Smiley was taken subscribed and sworn to before me in due form of law at the place and on the day mentioned in the Caption. Charles Perrow