Monroe County Circuit Court
(This is from a series of posts to the South-Central-KY list made by Sandi Gorin.)
As most of you know, Monroe Co is a burned courthouse, plus many years ago, the county clerk decided she needed more storage space and hired prisoners to clean out the old records. As the story was told to me, the late Eva Coe Peden and the late Gladys Wilson got word of this and took off at a dead run for Tompkinsville. The prisoners were stuffing old court records into garbage bags and throwing them in the back of a truck. Eva and Gladys (you too Moena?) gathered all they could. Eva and Gladys at least had spent many hours typing all these old papers, the majority of which were given to me by the husband of Eva. If the story is wrong, Moena - correct me.
These files were snatched from destruction by two late researchers in the area when thrown away by the circuit clerk's office. Not all of them were found in total.
I am starting a new series - abstracts of Monroe Co Circuit Court records taken from my volume 4. These were abstracted by the late Eva Coe Peden of Glasgow, a Monroe Co native.
Plaintiff: W. H. Page Defendants: John H Philpott of Monroe Co Bud Philpott of Monroe Co Cheatham Philpott of TX William L. White of TX D. C. White of Monroe Co Caroline White of TX Samuel Hunter of TX Sarah Biggerstaff of Monroe Co J. Q. A. Philpott of Cumberland Co KY W B Philpott of TX O. D. Philpott of TX C A E Cary, Caarey Cloyd, Moses Cary, A Cloyd - Cumberland Co. M. E. Kirkpatrick & J M Kirkpatrick - Monroe Co J. B. Philpott and Mary Stockton - TX J S Philpott - Monroe Co Robert Stockton - Cumberland Co. A. H. Stewart - Cumberland Co Bettie West - TX Thomas Stewart- Cumberland Co S. L. Ramsey, L. B. Ramsey & Mary O. Chrisman - Wayne Co KY. File: 228 Filed 31 Oct 1892. W. L. Philpott, decd. sold 1892 land. He died 1888 without conveying land. Relationships: John H Philpot - bro. Cassa Cary married Moses Cary. Sarah Biggerstaff md John Biggerstaff (decd). M. E. Kirkpatrick md J. M. Kirkpatarick. N H Stewart md Thomas Stewart. Caroline White md James White (decd) - sister of W. L. Philpoyy. Carey Cloyd md A. CLoyd. Mary Stockton md Robt Stockton. Bettie West md John West. Samuel D White. Lucy Ann Hunter md A. J. Hunter (decd). Helem Ramsey md S. L. Ramsey - she a dau of Barton Philpott (decd). Mary O. Christman md a Chrisman (decd). Land on Meshack Creek Case to get the land sold. Cheatham, O. D., W B, J B Philpott and W L and Caroline White in Collins Co TX. Samuel Hunter was in Tarrant Co TX. W. S. Maxey was administrator of estate of W. L. Philpott (intestate). Plaintiff: I. D. Kidwell Defendant: John FGerald File #242 Filed: 3 Mar 1893 and 6 June 1894 J. F. KIDWELL and Wm SMITH were partners in a business - retailing, on Meshack in Monroe Co, named KIDWELL, SMITH & Co. Had a note in 1876 where John F GERALD [FGERALD] agreed to pay money. It was not paid and it noted he owned land on the Cumberland River. Mentions WELCH and GRAY as lines, MOODY, RICHARDSON. Plaintiff petitioned selling land and dividing it between William FGERALD, John F. GERALDS and Elizabeth F. GERALDS (widow of James). Mentioned a case filed July term 1889 of William F. GERALDS against John R HIX. Depositions taken: John F. GERALD was living in Melbourne, Arkansas - stated he knew Gideon BRUCE - mentioned knowledge of his father's land in Monroe Co. John had since sold the land to his son Linzy M. FITZGERALD. L. M. FITZGERALD of same bought land of his father, John, 3 Apr 1893; mentioned his grandfather, Wm. FITZGERALD of Monroe Co. Gideon BRUCE taken same place. 54 yrs old, blacksmith, lives in Izood Co AR, bought land in Monroe Co 1886 which was in litigation between the FITZGERALD brothers and John HIX. Above depositions taken Oct 1894. Land was sold 5 Nov 1894 - J. M. HUFFMAN was the buyer of 1/3 interest. Harlan HAYES, administrator of Alexander RITTER, decd vs Kate RITTER, Henry FERGUSON and Ulysses QUINN No file Date No Case# March 1894 - Alexander RITTER died, of Monroe Co. In Aug of 1894 HAYES was apointed administrator. RITTER died leaving his widow Kate RITTER only. He left unpaid bills, had only a small personal estate. Bills still due and unpaid. Henry FERGUSON and Ulyssus QUINN are creditors with claims against the estate. RITTER owned 3 small tracts of land in Monroe Co - bounded by T. W. COMER, L A NEWMAN, Palo CONKIN, Henson SMITH and by a WIlbern???? (paper torn. Land was surveyed and names mentined James CRAFFORD (banks of LIne Creek), NEWMAN, T. W. COMER, HARLAN heirs. 2nd tract bounded by J A WILMORE, Mark WRIGHT, Pop RITTER, L SMITH. File ended here with no mention of 3rd lot or resulting sales. Plaintiff: Tabitha HALE Defendant: J.W. HALE File:350 Date Filed:22 Mar 1892 - Divorce Married in 1887, Monroe Co. Resided together until March 1895, then deft forced her outof the home. Cruel and inhuman treatment. They have 4 children, 3 living: Hubert Ezrie, nearly 4;two girls named Lauretta Bell, 7 and Margie May, 8 months old. Children live with her - prays for divorce and she wants her maiden name restored to Tabitha CARTER. Jno. HALE gave his testimony at the Franklin Hotel in Tompkinsville, 8 Oct 1895. 52 years old, lives Monroe, farmer, has known plaintiff about10 years. Deft was his son - they had lived abt 1 1/2 miles from him. Said Tabitha was not kind to his son, was always arguing with him. Quoted some profanity she supposedly had used toward his son. Said his son was industrious, had a colt and heifer that he had given his son, also gave them a bed; and he had sold everything he had to pay a bill to Dr. DUNCAN for them. Deposition of H K Carter, 10 Oct 1895. Tabitha is his daughter and they had married at their house. Case ends, no deposition. Plaintiff: James O. DANIEL, Administrator of James M. HUMES vs Defendants: Elizabeth, John, Nelson, Wm A and Peter HUMES, Sam CARTER, Alta CARTER, Jesse G and Polly HOLLOWAY, Reuben and Bettie STRODE; Wm and W H MAXEY, and J. W. STEWART, administrator of J. B. EVANS, decd. Filed: 15 June 1891 Case # 164. James O. DANIEL appointed administrator of James M. HUMES who died Monroe Co abt 10 years ago. He was given the responsibility at a special term of the court on 12 Apr 1888. HUMES had no personal property when he died, no personality propertety or anything that could be used to pay his debts. Pltff thinks that the deft J. W. STEWART who is the administrator of J. B. EVANS had a claim to a note of some 14 or 15 (no explanation of the 14 and 15), with interest, and that W. H. MAXEY is claiming to have a note also. When HUMES died he owned a tract of 25 acres which he bought of Evern F. DICKERSON and his wife, recorded Deed Book F, p. 557 and another tract of abt 50 acres deeded him by Jas M. McMURTREY on 26 Sept 1870. Deed recorded Book C, p. 551 - in Monroe Co. They are adjoining lands. After his death, his widow and children have held that land and claimed title to it. When HUMES died he left wife Elizabeth - she still living. HIs children were: John, Nelson and Peter HUMES and Wm. A.HUMES one of the defendants. Alta CARTER is the wife of deft. Sam CARTER and Polly HOLLOWAY is the wife of Jesse G. HOLLOWAY. Bettie STRODE is the wife of Reuben STRODE. The lands were sold on W. S. MAXEY March 1892 - they were on Meshack Creek. Plaintiff: James GOAD and Contestants vs Defendant: Orion LAWRENCE etal Filed: Nov 12, 1900 No. 3999 Begins with the Will of John GOAD - names Orian LAWRENCE and wife Sarah J. Witnesses were James FORD and John WARD, dated 14 May 1900, probated 4 Dec 1900. The remainder of the case lists more plaintiffs and defendants: James GOAD and wife MILLIE GOAD Ford and her husband Ben FORD vs Orion LAWRENCE (executor of John GOAD), James H GOAD, Sarah J LAWRENCE, Sam GOAD, W H GOAD, Evaline RAGLAND and her husband Geo RAGLAND. Stated that John GOAD died in Monroe Co in 1900, brother of these contestants and uncle of the contestees James H, Sam, W H GOAD and Eveline RAGLAND. Mentioned heirs of Lusa GOAD decd. who was a brother of John GOAD. Said that JOhn GOAD was illiterate, unable to read or write, said he was totally imcompetetant to make or even understand a will. Plaintiffs prayed the court that the will be made null and void. HARLIN and EUBANK attorney. No conclusion to case is found in the missing pages tossed by the Circuit Clerk's office back in the 60's. Plaintiffs: M J GOAD (surviving partner of GOAD & Bros) - M J and Frank vs Defendants: M C Howard Case # 273 Filed 10 Dec 1896. In Jan 1874, M J GOAD and Frank GOAD (decd) had a mercantile business at Fountain Run, KY. Frank died in Monroe Co intestate, only surviving person authorized to run business. 1 Jan 1874, M C Howard issued promissory note for $295. Note is long due, has refused to pay except$1.00 on 23 Sept 1888. Prays relief. Names shown in testimony included that of deft M C HOWARD - liv on Barren River in Allen Co 1887 - moved to where he lives now. Raised tobacco and sold farm in 1889 to John W SEAY of Fountain Run. John W SEAY stated that he knew deft for abt 30 yrs, lived same as above. Dudley GOODMAN stated he was 78 yrs old, reside near Fountain Run, deft lived in Allen Co abt 2 1/2 miles from him until he moved. M C HOWARD's land was bought from W P NEAL, Administrator of R M FLIPPIN as plaintiff against John S FLIPPIN etc. Land sold 5 Oct 1895. This deed was dated 6 July 1888 between John S FLIPPIN, Hugh B YOKLEY, James T YOKLEY, Joetta FLIPPIN, Cnn? C JOHNSON and James H JOHNSON. Was in Monroe Co on waters of Indian Creek - bounded by DENHAM's old line (now J M NEAL's) ... mentions James C ROLAND's corner ... SHIVES corner. Plaintiff: Green a PERIGO Defendant: Marguerite PERRIGO [sic] File: 135 Filed: June 12, 1890 Above married in Monroe Co 10 Oct 1884, lived together until June 1888; he charges her with adultry etc. etc. Pleads for divorce. No conclusion in file. Plaintiff: G W SHIRLEY Defendant: Ann SHIRLEY File: 163 Field: 15 June 1891. Married in Monroe Co 1883, lived together until 1890 - divorce petition. No conclusion in file. Plaintiff: Robert R HUMES Defenand: Louesa HUMES File 248 Filed: 6 May 1893 Married 6 Sept 1888 Monroe Co, lived together until Aug 1891 - when the deft deserted him. Deposition taken of W S RECENER in 1893, said he (deponent) was 28 yrs old, knew couple about 10 years, knew they were married 5-6 years ago by Harrison PAGE. Deposition of Mollie HUMES, 22, lived with pltff and deft about 2 years, Louesa abandoned him. No resolution in the file. Plaintiff: Reuben FRAZIER, Administrator of Christie FRAZIER, decd and Alford FRAZIER. Defendants: Russell FRAZIER, W H GOAD, Isaiah GOAD, J H GOAD, Mary A GOAD, J F STEEN, Dollie STEEN, John PARSLY,Nancy PARSLY, John PARSLY, Burnettie PARSLEY, Elijah PARSLEY, Lydia PARSLEY, Virgie PARSLEY, Isaac PARSLEY, N M RAY. File 212 Filed 2 Dec 1894 Plaintiff states in Apr 189- Christie FRAZIER died intestate, he was a single man at his death. Reuben FRAZIER had been appt administrator of the estate. He was owner of a tract of land in Monroe Co which needed to be sold to pay his debts. He left all of the above defendants except N M Ray who was a creditor of his father, his parents are dead. Ellen P. FRAZIER married John PARSLY - is dead leaving the abovesaid children (Burnette, Elijah, Ludia, Virgil and Isaac). The children are under 14 and minors. Russell FRAZIER is a non-resident, lives in TN - PO is Boles, KY butlives in Clay Co TN. Robert GENTRY, Plaintiff vs Sam LACKINS, Defendant File: 521, Filed 19 Apr 1902 In April 1902, Sam LACKINS spoke, in the presence of others, falsely and maliciously about GENTRY --- [words given, cannot be repeated here.] GENTRY said LACKINS is a resident of Monroe Co, wants $1,000 in damages. No conclusion in file. MAX B HARLAN, Administrator of Giles FARLEY, decd - Plaintiff vs Bartha, Howder, Rue, Chrlie, Effie and Dollie FARLEY - defts. File:450, filed 5 Oct 1898. Giles FARLEY died intestate in Monroe Co in 1897, he named administrator and qualified. Decedant left as his only heirs: Bertha (widow), Howser, Rue, Charlie, Effie and Dollie - his children. Decedant owed moneyat the time of his death. Had owned land in Monroe Co .. mentioned NEWMAN's bck line and BERTRAM'S line. Another tarct on White Oak creek. Another tract bought from James S BUSH & Margaret E BUSH of Warren Co (bought 6 Apr 1891) - on White Oak creek. This land next to land owned by NEWEMAN, Otis BUTRAM, BELK, A. DRIVER's old corner. End of file. Remember, these cases were "rescued" when thrown from the court house attic to be destroyed. Not everything was found intact! Plaintiff: Adams THRONE etal. Defendant: J H LANE etal. No date - and number - partial case. Deposition of Bertha FARLEY, Akersville, KY 2 Oct 1895. She is 27 yrs old and lives in Allen Co. Mentioned W T PROFFITT, Billy PROFFITT. Under cross-examination said she was born in NC and lived there until she was 14 years old- maiden name was BARNES. Questioned about a Mr. WELCH who she knew about 12 yrs ago in Putnam Co TN. She had lived with him about 9 years - was married. Didn't know if he living or not now. She had not divorced him. But she remarried 7 months ago this month. Asked her about dealing whiskey. Said she didn't owe Mr. Matilda E LANE any money. Admitted that she didn't want to testify and had been subpoened twice. M J GOAD said he didn't know anything about Bertha above being married to WELCH, knows she said she was. WELCH supposedly lives in TN with a wife and family and has been married some 30 odd years. Deposition of W H MAXEY. Farmer, 51 years old, knew James and Bertha WELCH agout 4-5 yrs ago when they lived near Flippin. James WELCH had been arrested and broght to Flippin . Didn't know of personal knowledge if they were legally married or dealing in whiskey. Deposition of James WELCH, Cookville, TN (Putnam Co), taken 25 Jan 1899. Was 56 years old,, farmer. Said he had known Bertha about 10 or more years - her maiden name was BARNES. He was the same WELCH/WELSH that lived with Bertha in KY. Said they were never married.He was married however to Rebecca THOMPSON in Putnam Co in 1864. Wife was living and they had never been divorced. He was legally maried to Rebecca while living with Bertha. Plaintiff: H H Hall Defendant: Joseh S ENGLAND Case # 546? Date Filed: 4 July 1888 The Defendant in Jan 1888 spoke a false deposition against the pltff. He did the same in June of 1888 in front of divers people. Depositions taken. Large case, abstracted for names primarily. H H HALL, taken in Tompkinsville 13 July 1888 - 36 yrs old, farmer. Was acquainted with the lands of Harmon HOWARD in Monroe Co which he owned at his death. This land was purchased by J H JACKSON, J D TURNER, Milt EMBERTON, James PROFFITT, J S ENGLAND, H H HALL (himself) and Jack GWIN. Sold under a decree of the court, J R LESLIE commissioner. He paid for his land at J S ENGLAND's house in presence of G W STRICKLER and J L JACKSON. Mentioned Orion LAWRENCE, and wife, Preacher PAIRSLELY, K D DORSEY and wife, Max B HARLAN (attorney), old man and old lady GOAD. Testimony of Lydia JONES taken then that of James WILBURN. The latter was 64 years old, lived Barren Co, farmer, knew John GOAD all his life, about 30 years. GOAD Old and feeble. George W Muncie - Plaintiff vs William White - Defencant File 273 Filed: 29 Apr 1899. Plaintiff states that Mary MUNCIE died intestate in Monroe Co, 1888. Had no children, left only her mother, not named, now deceased and J C MUNCIE ALex MUNCIE and John MUNCIE her brothers and sisters. At Mary's death she owned a tract of land in Monroe Co which descended to George W, J C, Alex and John Muncie and Mahala Muncie. Plaintiff owns 1/8th of the land. William WHITE is now the owner of the other 7/8ths of land, wrongfully and without right to possession. Plaintiff is a non-resident of KY and lives in Dawson, Richardson Co, NB on 3 Oct 1899. Wm WHITE is a non-resident and believes that he lives in Peroia County, Indian Territory and the town of Miamia. Case filed by J C Carter 21 July 1899. No other disposition of case found. Plaintiff: Cora G PARHAM Defendant: T H PARHAM Filed: 6 May 1890 Case No 143 April 1886 pltff and deft were legally married in Monroe Co. She swears she was dutiful wife, etc. etc. He abandoned her about 3 yrs ago, hasn't contributed anything since. Testimony taken from Sarah B. SHIPLEY at W H MAXEY's drug store 3 May 1890. Age 41, Monroe Co resident, mother of the plaintiff, was married at her house, lived together all but about 3 months, not living together now, he left about 11 months ago. Deft. went to Texas, came back. Pltff was good wife. Deft is now back in the county - the two had lived in their house. Testimony of W H MAXEY. 42 years old, resides Flippin, KY, druggist. Knew parties about 10 years. Lived about 1/4 mile from him. Pltff is a woman of delicate health, has moved back in with her mother. Divorce granted. Plaintiff: Em. M. MAXEY, Adms of estate of A C TAYLOR vs Defendants: Florida TAYLOR, Lankford TAYLOR, Lou M TAYLOR, Malcolm J TAYLOR, Mallie M TAYLOR and C H G YOUNG. No. 157 Filed: 27 May 1891 A C TAYLOR died intestate some ---months ago. Administrators named and served. Florida TAYLOR wife of deceased. They had 4 children: Mon? M Taylor Lankford Taylor Malcom J Taylor and Mallie V. Taylor. All under 14 years of age, no guardian. Deceased had but a little money when he eied. C H YOUNG holds some claims against him. Mentions land near Flippin with following names shown: J N JOHNSON, W J GLOVER, PROFFITT, GLOVER. No dower yet assigned. Asking for sale of land to pay dower and bills. So ordered, no other information. Plaintiff: Simeon HUFFMAN Deft: Sarah, James, Martin, J L, WIlliam, Calvin, Drewy and Evy HODGES Case: No. 40 Date Filed: 1 Feb 1888 Simeon stated that in 1870 he purchased land from Thmas HAMILTON - on SKeggs Creek in Monroe Co. Mentions G A ARTERBURN'S corner. Before he had finished paying for it, HAMILTON sold it to John HODGES. In March 1887 HODGES had a sickness and thought he was going to die, and wanted to settle with the pltff. He delivered the deed to the plaintiff. HODGES then died leaving Sarah as his widow and: James, Martin, J L, WIlliam, Calvin, Drewry and Evy as his only children. Martin is a non-resident. No resolution on file. Plaintiff: Salina J. GREGORY Defendant: William A. GREGORY No. 198 Filed 10 May 1892. Married in TN in 185- (no last digit), now reside in Monroe Co - for more than a year (legal requirement). Had lived together as man and wife until about April 1892 and they have nine children. She was always kind, obedient, etc. etc. She had been in delicate health prior to the divorce, and her husband had acted curelly and inhumanly towards here. Prays for divorce thru her atty, Basil RICHARDSON. Depositions taken: Mary V GREGROY 8 June 1892; 23 yrs old, known both parties all her life. He left the county 10 May 1892. Said they were married in Green Co TN about 40 years ago, lived together and had 9 children. He treated her very bad, threatened to kill himself, would take off for 2-3 days at a time. If she was sick, he'd come into the house and make faces at her, complain about the doctor bills. He didn't help her except give her a drink of water. J W GREGORY, same place and time. 20 yrs old, farmer, have known the parties all his life. Lived at the house with them; bad behaviour - worse this last Christmas. Said he was going to kill himself, would take the gun down and disappeared fof 2-3 days. No results in file. Plaintiff: Firetta B. HALE Defendant: John HALE Case # 211 Filed:14 June 1892 Firetta a resident of Monroe Co; had married deft. in Monroe Co 20 Jan 1875. She treated him well, etc., did nothing improper, tried to keep him happy. He abandoned her without cause, has an outrageous temper, might cause her physical harm - wants a divorce. Filed by W. S. MAXEY, atty. Deposition of Abraham JENKINS, 23 June 1892. 84 years old, live Monroe Co, farmer. Know both parties, has known Firetta all her life. Wasn't at the marriage but was once her guardian and signed the certificate for her to be able to marry. Believes she was a loving and dutiful wife. Deft would go off and leave her and her little children for a year, leaving no provisions for them. Went to Arkansas again and stayed a year; and yet a third time and was gone for several months. Then he went to TN and stayed several months. She life about 1/2 mile away from deponent Deposition of A. D. RYHERD, same time andplace. 54 years old, live Monroe Co knows parties. For past 5 years deft has lived nearby, were recognized as a married couple - deft would go off and leave her. Went to Arkansas 3 times. Deposition of H. W. JINKINS, same time and place. 30 yrs old, live inMonroe Co, was at the wedding. She treated him kindly. Repeated the Arkansas trips, no provisions. She took in washing clothes and scouring and spinning for her neighbors to raise money. No conclusion in the file. Plaintiff: Ellis RIGGS Deft: S. J. EVERETT, Evalina EVERETT and Wm. EVERETT Case #: 54 Filed: 25 May 1888. Pltff states that on 1st day of Sept 1877, he sold to S. J. EVERETT tract of land and Deft paid one horse and a note. On 1 Sept 1877, pltff executed to Mary E. EVERETT, wife of S J, a deed for the land, recorded. Land in Monroe Co on Lyon Creek, waters of Big Barren. Propertylines included Wm RIGGS, Solomon LOYD, COUNTS. Mary E EVERETT died 1881or 1882 - left Eveline and Wm. E. her only children and heirs - they minors; S. J. EVERETT their father named guardian. Later W S MAXEY appt their guardian 27 Nov 1888. Land sold 2 Sept 1889 to WM. RIGGS. Depositions: William JORDAN, Monroe Co, tobacco dealer, 76 yrs old. William RIGGS, 51, Monroe Co, farmer. Sam H. RIGGS, 26, Monroe Co, farmer. G. A. HALE/HALL, 30, Monroe Co farmer. Samuel J. EVERETT, 55, farmer - deft. James T. BEALS, 50, merchant, Flippin, KY. Mathias E. HALE, 58, Flippin, farmer. W E BROOKS, 43, Flippin, farmer. Case runs about 20 typed pages, result - land sold and Wm. RIGGS did remain as the purchaser of land July Term 1890. Hezekiah PAYNE, decd. to Georgia CRADDOCK. No 163 Filed and processed June 1895. She was a domestic and was seeking payment for services during 1886 thru 1893 and thru Sept 1894. I. N. MOSIER and Rache MOSIER stated that they were acquainted with the facts above and that she did stay at the house of Hezekiah PAYNE and performed the services stated. That she did a good job and deserved the pay. George CRADDOCK stated that PAYNE had sold her a tract of land in Nov 1894 for a balance due for one horse colt delivered to her; the mare was later burned to death while she was in possession of it. PAYNE then promised to pay her $85. - and that the woman's figures are correct. W. T. PEDEN agreed - some variation. C W BIGGERS, taken at the COMER Hotel, Tompkinsville, 10 Oct 1895. 55 yrs old of Barren Co - knew her all his life except for the few yrs he was in TX. A physician. Said Georgia has a bad constitution, weak and now unable to perform manual labor. Has had the fever a couple of times, a dislocated shoulder. Hezekiah was her guardian. Reuben PAYNE, administrator of Hezekiah PAYNE, deposition taken at the FRANKLIN Hotel in Tompkinsville. Knew about the 50 acres of land that Georgia sold to PAYNE,has known her about 40 years, land worth $200 with her interest in the land worth $40. Deposition of W. L. MARRS, same time and place - same information, Georgia was treated as one of the family Didn't think she deserved any money since she had free rent and board. DIdn't think Hezekiah and she were very friendly. She was a small girl when she went there and didn't feel she did enough work as a young girl to merit this money. He is the brother in law of Hezekiah. Deposition of Georgia CRADDOCK, offices of RICHARDSON & SPEAR, Tompkinsville, 1 Jan 1896. 22 yrs old, lives near Mt. Herman. She said Hezekiah had himself, his wife and three children. One of the children died in Oct 1886. His wife died in Dec 1886. He remarried Jan 1889 and lived there with his new wife and 2 children. Said she took care of the children, house work, missed an entire school year taking care of them. DId the cooking, churning, milking. His second wife was sick a lot during 1890 so she took over the household chores - indicates there was one more child to take care of. Paid her own tuition, board and for her own clothes when she could go to school. Hezekiah provided clothing but charged her for them. Had the chills and dislocated arm, only affected her a few days. Told about the land and horse. Her parents apparently deceased and her mother had left her some land, Hezekiah had been renting it for her but she had been paying the taxes. Hezekiah had never paid her for her services. There were also hired hands who resided with the Paynes - he was a distiller and farmer. She waited on the customers sometimes. These customers caused her extra work. Said the Paynes drank too much themselves and made her work harder. He was drunk a great deal of the time; Mrs. Payne also drunk to excess. Georgia provided her own bed and bed clothing, sometimes men would come by by liquor, get drunk, sleep in her bed and throw up in it. Everytime they had company, she had to give up her bed. Said Hezekiah said he would whip her if she tried to leave, that I had to stay until I was 21.Had not had use of the mare - rode it once to get a deed signed, came back, and the horse burned up in her sight. She had gone to live with"Uncle" Peden before Payne died. There is a LOT of testimony and cross examinations. REUBEN PAYNE testimony, administrator of H K PAYNE gave testimony, age 52, lives Mt. Herman, KY. Said he lived 12 mile from Georgia. Deposition of J M PARK, age 52, resides Barren Co, farmer, knew the parties and gave testimony re burned up mare and Georgia. Deposition of W S CARDER, same time and place. 40 years old, farmer, reside Monroe Co. Deposition of Rachel E MOSIER, same time and place. 43 yrs old, reside Monroe Co. Was"kin to Georgia" - she and Georgia's mothers were second counsins. Deposition of I. N. MOSIER, taken 22 Jan 1896. 50 yrs old, farmer, reside Monroe Co. Deposition of Kate PAYNE, taken at Frank FRAZIER'S store at Nobob in Barren Co 22 Jan 1896. 31 years old, 2nd wife of H. K. PAYNE. Julia PAYNE was his first wife- she died about 10-11 yrs ago. She and Hezekiah married January 1889. Said his family included himself, 2 children and a niece Georgia and a girl that was staying at the home when they were married. The little girls was 4 and the boy was 7. She had been a school teacher and taughtfive months in 1888. Georgia an his boy Loy attended her school. Said she did most of the work, not Georgia. Georgia then attended a school taught by Miss Alice UPTYGROVE - Georgia got offended at the teacher and quit. Evans PAYNE taught the next school - Georgia went there part of the time, started snsezing and making a lot of noise and the teacher corrected her and she stopped going. Georgia also attended other schools - went to Temple Hill 5 months; another school at Temple Hill (which closed), a private school at Mt. Herman; Georgia boarded away from home sometimes. She brought her school friends home with her sometimes - not performing any manual labor. Loy would milk - Georgia milked sometimes. Hezekiah bought all of her clothes. Ellen WILLIAMS came to help them when she (the 2nd wife) was sick sometimes, Lydan CARDER, Bettie WADE and Patsy TURNER also came and helped with the work. Georgia Craddock against the Paynes today. This is a huge case with LOTS of depositions with which we continue. Continuation of the deposition of Kate Payne. She lists the "little" chores that Georgia was required to do and went through all the clothes that Georgia owned - saying that they bought all her clothes and that she didn't do much work. Said Georgia could do only "plain" cooking; was allowed to go visit her friends and go to church. That Georgia was never required to sell liquor; she was treated like one of their childen and that Hezekiah Payne told her frequently how much he loved her.
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