Carrier v. Bowman: Deposition
| Carrier Vs Bowman |
Depo |
Sealed the 9th Feby 1817
Objected to - taken without a commission 11th June 1817
Baldwin
Jany 22d 1817
The following depositions were taken before me Robt Grattan a commissioner for the Chancery Court holdin in Staunton assigned to the motion herewith filed Present Richard Carrier Peter Shaver & Conrad Miller Pltffs and George & John Bowman Defts. These depositions are taken to be made in the event now depending in the Superior Court of Chancery holdin in Staunton in the sd Carrier Shaver Miller and their wifes are Plaintiffs and the sd Bowmans and Casper Roler and his wife are Defendants.
Frederick Smith of lawful age, about sixty years, a witness summoned by the plaintiffs defendants being sworn deposeth
Question by the defendants council
Are you the man who drew the will of John Bowman decd the father of the Bowmans the defendants?
Answer - I did and was also a witness to the will.
Question by the same -
Was you well acquainted with John Bowman for any time previous to the time he made his will and do you know that at the time of writing and signing his will he was in his proper senses?
Answer - I was acquainted with John Bowman about three or four years before his death. I kept school in his neighborhood and was acquainted with him by seeing him often in the church where I frequently conversed with him. I was three or four times at his house and believe he was as much in proper senses when he executed his will as at any other time that he had seen him
Question by the same
Did not Mr. Bowman mention at the time of drawing his will who he wished to be witnesses to it? and did not he direct one of sons to go after one of the witnesses and the other son to go after the other?
Answer - He told one of his sons to go for Jacob Miller - and the other son to go for Jacob May - he had mentioned in the first instance that he wanted these men for witnesses -
Question by the same
Whilst the sons were gone for the witnesses had you any conversation with the old man?
Answer. We had a conversation on different subjects and the old gentleman seemed to speak sensibly on all and seemed to speak with such strength that I did not think him in immediate danger of dying.
Question by the same
Who gave you the directions how to draw the will?
Answer. The old man himself the two sons were backward and forward but did not say anything - I drew the will arguable to the directions I received and read every clause to him as I wrote them and asked him whether it was right.
Question by the same
Have you been at the clerks office this day to examine the will? Have you examined it and is it precisely in every respect the same that you wrote?
Answer. I have been at the office and have examined the will and believe it is in every respect as I wrote it and as he acknowledged it
Question by the same
What did the old man say when he signed the will?
Answer- He said that his hand shook so that he could not write his name and that he did not know where his spectacles was - therefore he made his mark. The other witnesses were present at the time - on further reflection he is not certain whether they were present when he made his mark but knows they were present at the acknowledgement -
Question by the same
Had you drawn the will in the first instance without mentioning the water right?
Answer - I was about finishing the will when the old gentleman mentioned the water right and insisted on its being put in the will
Question by the Plaintiff Council
When and where did you see the old man the last time previous to time you were called to write his will?
Answer - The last time I saw him before I was called on to draw his will was on the day John Rawler was buried. I met him on the road going to the burying - and I recollect that at the time I went to draw his will he mentioned he had been determined to make his will ever since he had been at Rawler's burial. He made the observation to me on being asked whether he was then of disposing mind. Rawler was buried about three weeks before I was called on to draw the will.
Question by the same
Who applied to you to write the will? And when & where was that application made?
Answer. I was at the time at George Circles about six miles from old Mr. Bowman. It was on Sunday night after I was in bed and asleep that John or George Bowman came for me which of them I do not now recollect, the person who came for me returned with me to the old man.
Question by the same
At what time did you arrive at old man Mr. Bowman's? and did you immediately commence drawing the will?
Answer- I do not recollect but suppose it might be about Eleven Twelve or one Oclock when I arrived there - and set perhaps a quarter or half hour before I commenced drawing the will.
Question by the same
At what time of night was the other witnesses sent for? And was the will finished before they were sent for?
Answer - It was about day break when the other witnesses were sent for - at the time the will finished.
Question by the same
Did the witnesses Miller & May subscribe the will as witnesses as they came there?
And what length of time did they stay there?Answer - The will was acknowledged soon after they came there. May went away shortly afterwards. Miller was there when I left the house - which was soon after May had left it - I remember Mrs Bowman made some coffee for us - but whether May staid to drink any of it or not I do not remember.
Question by the same
Were there any other persons except the family and witnesses present at the time the will was acknowledged?
Answer - Not that I remember.
Question by the same
Who kept the will from the time you finished writing until the time it was acknowledged and what was afterwards done with it?
Answer - The will lay on the table from the time I had finished writing it until it was acknowledged. After it was executed the old man gave it to his son John.
Question by the same
When were the interlineations made, which are found in the will, and by whom was each alteration first suggested?
Answer
The interlineations between the twenty fifth & twenty sixth lines of the will were made at the express command of the old man who said at the time that the lane must be kept open so that John could get at the water - the word Their in the twenty sixth line was altered by myself from believing as I had not mentioned in the land willed to George Bowman that it was left to him and his heirs forever - that it might be a dispute. I therefore altered the word from HIM to THEIR so as to include the land willed to Both Sons - the marked place under the twenty sixth line where the interlineations was to be taken was made by myself and as I perceive not in the proper place - all this was done before the will was signed.
Question
After you had finished writing the will, did you read the whole of the will over to the old man before he signed it?
Answer
I did so - But it was before the other witnesses came - and this witness further states that it was the last time he read the will until he read it here this day -
Question by the defendant's counsel - did any conversation take place between you and the Mr. Bowman who went for you to draw his fathers will respecting the will you was to draw
Answer - Not any -- & further saith not
Frederick Smith
Jacob Miller of Lawful age, say thirty-five years, a witness summoned by the defendants being sworn -
Question by the defendants counsel
Was you a witness to the will of John Bowman decd the father to the present defendants? How came you to be a witness? And state what circumstances happened at the time?
Answer - I was witness to the will - I was sent for on the Monday Morning before the old man died about day light. When I went to the house, the old gentleman set up in his bed and made his mark to the will, which he then acknowledged - I live about three fourths of a mile from where He died and had lived there for about fourteen years - was as well acquainted with him as others of my neighbors - I did not see any thing at the time I was witness to the will to make me believe he was not as much in his senses as at any other time of our acquaintance - the old gentleman observed that the will had been read to him but that it was to be read to the witnesses. Mr. Smith who had wrote the will observed that the law did not require it - therefore it was not read - I was also at the house on Monday evening & sat up part of the night at which time he appeared to be perfectly in his senses. I was also there on Tuesday about the Middle of the day - the old gentleman had sent for me to shave him - He then observed that he was putting me to trouble - at that time I thought he was in his perfect senses - I went there again the same evening to see him - I could not see much alteration - on Wednesday I also went to see him for a short timeI staid but a short time but thought I could perceive a considerable alteration and thought him much worse - he spoke but little - anything he did say was to his family and only a word or two at a time - what he did say appeared to be spoken as if in his proper senses - I was there on Thursday the day that he died about the middle of the day - at that time he was so low that he spoke but little that could be heard. When he wanted anything he spoke low or motioned to the family - he died in the evening. This deponent further states that he did not consider him in any danger of dying either on Monday or Tuesday - That he is a brother to one of the Plantiffs in this cause - and on terms of friendship - He did not hear either of the young Bowmans Mention any thing respecting the will - He recollects that after the will was executed and folded up by Smith that the old man give it to his son John and told him to put it in his drawers - He further states that Smith & Jacob May was both present at the time the old Gentleman Signed & acknowledged the will -
Question by the Plantiff's Counsel
Are you certain that the old man made his mark in your presence and in the presence of the others after you got there? Or did he only acknowledge it?
Answer
He made his mark and acknowledged it in the presence of us all - that is the three witnesses to the will -
Question by the same -
Did you hear the old gentleman Mr. Bowman say anything more at the time of making his mark & acknowledging (?) (?) that it was his will?
Answer -
I recollect that Mr. Smith presented the will to the old man - and asked him if this was his will - that he thinks the old gentleman said twice that it was but whether before or after making his mark He cannot at present remember but thinks it was before and after making his mark but will not be certain -
Question by the same
Are you not a Brother in law to George Bowman one of the defendants and only half Brother to the plaintiff Miller?
Answer - I am half Brother to the plaintiff Miller - and George Bowman one of the present defendants married my half sister
Question by the same
Did not John Bowman tell you that it was through him and his mentioning the subject to his father at the time he did make his will - which indeed his father to make his will as he did - and state all you have heard John Bowman and George Bowman say on the Subject?
Answer - I live near George and John Bowman - we are much the same age and we may say have been raised together - they now live on the land, or at least one of them, that their father died on the other about one quarter of a mile distant - I have never before their father died or since heard either of the express any thing like having influenced their father to make his will as he has done - and further saith not
Jacob Miller
Jacob May a witness summoned by the defendants of lawful age, say about twenty seven years, being first sworn - says that he was one of the witnesses to the will of John Bowman decd - that he lived at the time he was called on to witness the will with John Bowman the Son of the Said John Bowman decd - that he was called on by the said John Bowman Junr with whom he lived to go to his fathers to witness his will - this he did and remembers it was the Monday Morning before the old man died - and early before breakfast that Frederick Smith and Jacob Miller were there - the old Man sat up in his bed whilst he made his mark, or signed his name which he did this deponent does not know - as he was standing by the stove - but distinctly remembers that Mr. Smith asked him if the will which he then had signed was his last will and testament - to which he answered that it was - this deponent further states that at the time he believed the old gentleman was in his perfect senses - but does not recollect that at the time he complained of his hand trembling or that his spectacles were wanting - this deponent had lived with John Bowman Junr for nearly twelve months before the old mans death
Question by the Plaintiffs Counsel
Did you see John Bowman Senr decd either write his name or make his mark to the will that you was witness to?
Answer - I seen Smith the Schoolmaster give him the pen with the will they were standing between me and him. I was standing by the stove I do not recollect that I saw him sign it but heard him acknowledge it.
Question by the same
When Smith the witness presented the will to the old gentleman and asked him if he acknowledged that as his last will and Testament In what words did he answer?
Answer-He said - I acknowledge this to be my last will & Testament and this deponent does not remember that he said anything more -
Question by the same
Was it before Smith gave him the pen or afterwards that He acknowledged the Will?
Answer - It was afterwards
Question by the same
Did he acknowledge it more than once?
Answer - Not that I heard
Question by the same
Do you undertake to swear that the old man John Bowman was of sound mind & memory at the time the will was acknowledged?
Answer- As for that part I cannot say - But if a Sensible Man was capable of making a will He was at the time - So far as I know or believe
? By the Same
Did you hear John Bowman Junr Say that he had enquired of his father during his last illness whether he had made his will or not?
Answer - Not that I remember
Question by the defendants atty -
Did you sign the will as a witness immediately after the old man acknowledged it and do you know that his name or mark was to it when you signed it?
Answer - I did sign it immediately and believe his name was on it.
Question by the same
Did Smith as him if he acknowledged that the will and signature to be his hand and seal & his last will and Testament? And did the old man say that it was?
Answer - I think He did to the best of my knowledge
Question by the plaintiffs atty
Have you not stated that you did not understand the business at the time you proved the will in Court or that you would not have done it?
Answer - I do not know any thing about that - & further sayth not
Jacob May
George Miller of Lawfull age, say about the age of thirty three years, a witness summoned by the defendants being sworn says that he is full brother to one of the plaintiffs that he lived a neighbor to John Bowman the Elder decd for upwards of twenty years he was intimate and friendly with him-He was at his house on the Monday before he died from about the Middle of the day until near sundown-that he had a great deal of conversation with him during that time - that he appeared to this deponent to be as much in proper mind & senses as he had ever known him - He was there also on Tuesday night he did not then see that there was any alteration - This deponent further states that he is on friendly terms with his brother - (and the comm. states that his brother being mentioned was in consequence of questions put directly for that purpose) - and further this deponent states that George Bowman one of the present defendants married his sister and that they are on friendly terms
And further saith not
Gerg Miller
Thursday morning Jany 23d 1817 arguable to adjournment the same parties being present
Phillip Painter of lawful age, say about forty two or three years, a witness summoned by the defendants being sworn says that he was born and raised about three miles from where John Bowman died. That for the last six months he lived about two miles from him. That he has been acquainted with him from the time he was a small boy. That he went to see him on the Monday evening before his death and staid all night. That he then appeared to be as much in his proper senses as he was at any other time and from his appearance at that time he did not consider there was any danger of his death & further saith not
his
Phillip X Painter
mark
Felix Albert of Lawfull age, about twenty four years, a witness for the defendants being sworn - says that he lived about a mile from John Bowman dec. for nine or ten years - that he was working for Mr. Bowman at the time John Rawler died. That he recollects the old man and himself was talking about the death of Rawler before they went to dinner. The old man at that time did not know from what he expressed that Rawler had made a will. He then observed that he had often thought about making his will and said that he must do it shortly - for if he put it off perhaps he might wait until it was too late
Question by the Plaintiffs Counsel
Please state any conversation you have heard made by either George or John Bowman respecting their fathers will?
Answer
At the time or after the will of John Bowman was proven in Court the deponent remembers to have heard George or John Bowman, he believes they were together, mention that Smith one of the witnesses would not have come to court on account of the bad weather-but that the old man when he wrote the will had told him to put something in the will which he Smith had forgot - and that the old gentleman made him put it in the will - and he had to come to Court to explain it & show how it was done
Question by the same
Did you not hear George or John Bowman say that they had made some small alteration or altered a few lines in the will of the father - without mentioning at what time it was done?
Answer - I never heard anything of the kind from either of them
Question by the same
Did you not say to Peter Shaver or some other person that you heard one of the Bowmans say words to that purpose
Answer - I never did say any thing further than what I have stated respecting Frederick Smith - which I mentioned to Mr. Carrier one of the present plaintiffs - he then told me to study on it for he would have me qualified on the subject the words made use of by the witness are that he told
Question by the same
I wish you to state precisely the words you mentioned to Shaver?
Answer
I told Shaver that one of the Bowmans said that Smith was told by the old man to put something in his will which he forgot but that he put it in the will by the old man telling him to put it in the will that it was his will -
Question by the same
Did you or did you not tell Richard Carrier that George Bowman did not say whether it was before or after the old mans death that the alteration was made?
Answer
I stated what I have said before - Carrier replied that I did not know it right - it was nonsense - and that I must not state it so - I told him I must clear my own conscience
Question by the same
Did not Carrier tell you by the way of caution to reflect and state the matter right and to recollect well before you did state it?
Answer-
After Carrier had talked the matter over and I had told him what I had to say - he proposed and going on to explaining it to me I did not want his explanation - He then told me to be cautious as there might be a difference in my explanation in the dutch and English language & further saith not
his
Felix X Albert
mark
David Caldwell about the age of fifty years a witness summoned by the defendants being sworn - says that about the year 1811 or 1812 he was at young John Bowmans where old Mr. Bowman was also - the old gentleman had his waggon with him and was dividing the corn with his son - I observed that the old man took two Bushels and his son three - two out of five- the old man smiled & said some people thought he dealt hardly with his sons - but said when the payments were made up for the land he had bought which his son George then lived on he would not be so hard with them - but that it would make but little difference he intended the land for them at any rate - John Bowman Junr at that time lived on the place he now lives on, and which was willed to him by his father
Question by the Defts Counsel
Are you acquainted with the witnesses Frederick Smith Jacob Miller and Jacob May & if so what is their general character as honest men and men of truth
Answer - Frederick Smith is a Schoolmaster has taught school in different neighbourhoods in the County - I have always heard him spoken of as an honest man and good Teacher - I never heard any thing that that would in any way impeach his character as a man of truth - Jacob Miller lives about a mile from Me is a Man who owns a good plantation. I have known him since he was Boy and do not think there is a man in the state a man of more honor and truth - Jacob May is a young man who works for his living. I never heard any thing against his character. I do not know much about him
Question by plaintiffs counsel
How far do you live from Frederick Smith?
Answer - I suppose about eighteen or twenty miles - He has kept school about half a mile, or three quarters of my - house - He is now Teaching School about two or three miles of my house
By the Same
Did you hear any person except John Ritchy(?) speak of Frederick Smith as a man of truth?
Answer - No Ritchy knew him where he came from & gave him an excellent character
David Caldwell
John Branner, aged about sixty four or sixty five years a witness summoned by the defendants being sworn
Question by defendants counsel
Will you state what Richard Carrier one of the plaintiffs told you respecting John Bowman a day or two before he died?
Answer - I met Mr. Carrier I think on the Tuesday or Wednesday before old Mr. Bowman died - I asked him how his father in law was - he said that he had been with him on the day before - that his pains had left him and that he did not consider him in any way dangerous -
Question by the same
Are you acquainted with the witnesses Frederick Smith, Jacob Miller and Jacob May - and if so - what is their general character as honest men & men of truth?
Answer-
Frederick Smith kept school last winter in my neighbourhood. I did not send any scholars to him and have no acquaintance with him-I have never heard any thing said against that would injure his character as an honest man or a man of truth - I have understood that his employers were all satisfied with him - Jacob Miller I have known from a boy his character as an honest man and a man of truth stands as high as any other in the neighbourhood. Jacob May I am not acquainted with - He has lived amongst the Bowmans as I have understood for several years -- I never heard any thing against his character & further saith not John Branner
Jacob Miller a witness before sworn on the question being asked by the defendants counsel - What is Jacob Mays, the witness in this cause, character as a man of truth?
Answer-He has lived for about two years in the neighbourhood principally with young John Bowman. I have never heard any thing said against him in any way - he has the character of a hard working industrious young man - I have never heard any person or persons enter into any conversation on the subject of his being a man of truth but believe his word would be taken as soon as any young man in the neighbourhood & further saith not
Jacob Miller
All the foregoing depositions at the request of the Plaintiffs were taken and the parties examined separate and apart from each other
Frederick Smith a witness one days attendance
Jacob Miller a witness two day - do
Jacob May - do - one days - do
Phillip Painter - do - two days - do
Felix Albert - do - two days - do
David Caldwell - do - two days - do
John Branner - do two days attendance and traveling twenty miles in coming & the same in returning
Geroge Miller allowed one day attendance
Commissioners fees
| (?) one summons | $0.35 | |
| 12 Hours taking depositions | $7.50 | |
| $7.85 |
RGrattan
Comm