{"id":957,"date":"2025-12-27T14:52:44","date_gmt":"2025-12-27T19:52:44","guid":{"rendered":"https:\/\/tngenweb.org\/roane\/?p=957"},"modified":"2025-12-27T14:55:33","modified_gmt":"2025-12-27T19:55:33","slug":"selected-affidavits-gardenhires-vs-blair-et-al-re-pathkiller-land-1849","status":"publish","type":"post","link":"https:\/\/tngenweb.org\/roane\/selected-affidavits-gardenhires-vs-blair-et-al-re-pathkiller-land-1849\/","title":{"rendered":"Selected Affidavits, Gardenhires vs. Blair et al. re: Pathkiller Land (1849)"},"content":{"rendered":"

(from archived RCHC Web Site<\/em>)<\/p>\n

Note:  Location of the original documents is not indicated; they possibly are in the Roane County Archives’ loose papers.<\/p>\n

\n

[from original archived Web page]
\nEditor’s Note:  The following case is a follow-up to a case involving Pathkiller<\/strong>, a Cherokee Indian, who sued for land that became Blair<\/strong>‘s Ferry, which was probably the longest court case ever tried in Roane County.  The following case is related in that the claim is being made by Sarah Pathkiller Gardenhire<\/strong>, who may or may have not been the daughter of Pathkiller<\/strong>.  The affidavits presented here are only abstracts due to the length of the testimony.  Many people are mentioned who were not a party to the suit.<\/p>\n

Affidavit of James C. Patton<\/strong><\/span><\/p>\n

born 24 Jul 1787, of Gentry Co., MO, dated 2 Sep 1850. James C. Patton<\/strong> stated that the first time he ever crossed the Tennessee River at the place called Blair<\/strong>s Ferry was in the first of January 1819 and that Gabriel Caves<\/strong> lived on the South side of the River. In  April 1819 his brother (not named) had a horse snake bit and he went to the Indian called Pathkiller<\/strong> to doctor the horse and found Pathkiller<\/strong> on the Taylor Eldridge<\/strong> Place where Robert Cannon<\/strong> and the Widow Martin<\/strong> lived.  In the last of November 1819 I passed Blair<\/strong>s ferry going to Knox County after my Mother in law and Caves<\/strong> was still there. She staid 4 or 5 weeks and I took her back to Knox County cross at Blair<\/strong>s ferry and Caves<\/strong> was still there.<\/p>\n

Affidavit of James Crisp<\/strong><\/span><\/p>\n

age 51 years, of Monroe County, TN, dated 21 Oct 1850. James Crisp<\/strong> stated he moved to the Hiwassee District in 1819 and that he and his father settled three miles south of Blair<\/strong>s ferry near where B. Franklin<\/strong> settled.  He was acquainted with Pathkiller<\/strong> and that Pathkiller<\/strong> lived about 4 miles from Blair<\/strong>s ferry at Taylor Eldridge<\/strong>s place.  In the Summer or fall of 1819, Pathkiller<\/strong> moved to Mudy Branch on the river above Blair<\/strong>s ferry.  Gabriel Caves<\/strong> lived at the Blair<\/strong>s ferry on the South side of Tennessee in 1819.  Burrel Shaver<\/strong> (?) a collored man lived at the Peach tree place called Pathkiller<\/strong>s old place in 1819.  He was acquainted with Suckey Martin<\/strong> the mother of Sarah Gardenhire<\/strong> who is the wife of James T. Gardenhire<\/strong>.  He stated Suckey Martin<\/strong> lived with Sam<\/strong> an Indian as his wife before she took up with Pathkiller<\/strong>. He stated that he heard old Sucke<\/strong> (?) and Pathkiller<\/strong> both say in the presence of each other that Sarah<\/strong> was Indian Sam<\/strong>s child.  He stated that Pathkiller<\/strong> and Suckey<\/strong> parted on account of Sarah Gardenhire<\/strong> being Sam<\/strong>s child.  He stated that when Suckey<\/strong> left she took ducks and some blankets and two of his sisters helped drive the ducks she went to her fathers on the Mudy Branch.  Pathkiller<\/strong> gave all of his land to his son Archela<\/strong> and his daughter Alse Eldridge<\/strong> and gave nothing to Sarah Gardenhire<\/strong>.<\/p>\n

Affidavit of Precelia Price<\/strong><\/span><\/p>\n

age 45 years, of Meigs County, TN, dated 4 Oct 1850 and taken at the house of James T. Price<\/strong>.  She stated that she was raised about one mile above Blair<\/strong>s ferry on the north side of the river in roan county.  She was acquainted with Pathkiller<\/strong> and Sucy Martin<\/strong>.  Sucy Martin<\/strong> lived with Indian Sam<\/strong> near to where Martin<\/strong>s lived in a small cabin before she lived with Pathkiller<\/strong>.  She stated that she heard Sucy Martin<\/strong> say that Sarah Gardenhire<\/strong> was the child of Indian Sam<\/strong>.  She stated that Indian Sam<\/strong> wanted to take away Sarah<\/strong> from Sucky<\/strong>.  Sucky<\/strong> came past mothers across the river a going to one of her uncles to keep Sam<\/strong> from taking the child.  She heard Pathkiller<\/strong> say that Sarah<\/strong> was Sam<\/strong>s child.  In answer to a question about the “regulars” driving the whites from the South side of the river and burning their houses, she stated that she recollected seeing Martin<\/strong>s house on fire and they came on the north side of the river and encamped until the regulars went away Sam<\/strong> and Suck<\/strong> were living together and Sam<\/strong> and Martin<\/strong>s all went back together and Sam<\/strong> and Suck<\/strong> put a rail pen and Martin<\/strong>s and camp to live in.  She stated that she did not know of her own knowledge who the father of Sarah Gardenhire<\/strong> was.  She stated that Pathkiller<\/strong> spoke some in Indian and some in Inglish and he said Suck<\/strong> was a unicia(?) she loved indian whitemen and negro too.  She stated that she was eleven years old when the Regulars moved the whites out of the nation.<\/p>\n

Affidavit of Barney & Mary Casteel<\/strong><\/span><\/p>\n

Barney Casteel<\/strong>, age about 62 years, and Mary Casteel<\/strong>, age about 58 years, both of Union County, GA, dated 6 Sep 1850. Barney Casteel<\/strong> stated that Gabriel Caves<\/strong> and family lived at Blair<\/strong>s ferry in 1819 and up to March 1819.  Gabriel Caves<\/strong> left Blair<\/strong>s ferry and moved to the peachtree place where James Johnston<\/strong> now lives.  He recollected that Pathkiller<\/strong> lived at the Peachtree place near where James Johnston<\/strong> now lives and at a place called the Muddy branch about a mile above Blair<\/strong>s Ferry near his Father in laws between the first of February and the last of March 1820 as often as twise this is my recollection as he lived in a seperate cabbin.  He stated he had a daughter born on the 31st day of December 1819 and about six weeks after that time I moved within a half a mile of Blair<\/strong>s Ferry, which does strengthen my Recolection.  The following is a copy of her birth as it stands recorded in the bible Sophiery C. Casteel<\/strong> was born (A.D.) 1819 December 31.  He stated that Pathkiller<\/strong> and Suck<\/strong> had a fuss and parted on account of Sarah Gardenhire<\/strong> not being Pathkiller<\/strong>s child.  He stated that it was reported in the neighborhood that an Indian by the name of Sam<\/strong> was the father of Sarah Gardenhire<\/strong> and not Pathkiller<\/strong>s child.  He stated that he has known Gabriel Caves<\/strong> about 31 years and that he could believe him on oath.  He stated that he has known Joseph G. Hankins<\/strong> for 35 years and could not believe him on oath in a court of justice.  He stated that he has known James Carden<\/strong> for about 32 years and could not believe him on oath.<\/p>\n

Mary Casteel<\/strong> stated that Gabriel Caves<\/strong> lived at Blair<\/strong>s Ferry in 1819 and moved in 1820 to Peachtree place.  She stated that from neighborhood report was that Suck<\/strong> the mother of Sarah Gardenhire<\/strong> and Pathkiller<\/strong> having a fuss and parted on the account of Sarah Gardenhire<\/strong> not being the Pathkiller<\/strong>s child.  She also stated that the Neighborhood report was an Indian by the name of Sam<\/strong> was her father and not Pathkiller<\/strong>s child.  She stated that she heard her [Suck<\/strong>‘s] sister Polley<\/strong> say that Sarah Gardenhire<\/strong> was not the child of the Pathkiller<\/strong> but belonged to an Indian by the name of Sam<\/strong> she further stated that Sam<\/strong> and the mother of Sarah Gardenhire<\/strong> frequently lay together.<\/p>\n

Affidavit of Haysher H. Turner<\/strong><\/span><\/p>\n

age 49, of McMinn County, TN, dated 4 Jun 1851.  He stated that he had been acquainted with an Indian called Path Killer<\/strong> ever since he was a small boy.  He stated that he recollected seeing Pathkiller<\/strong> at the mouth of Muddy Branch on the Tennessee River above Blair<\/strong>s Ferry.  He stated that he lived at Carmichael<\/strong>s before the land sales and he lived with him after the land sales but he thinks at the time of the land sales he was living with his mother.  He stated that he has been acquainted with Sarah Pathkiller<\/strong> now Sarah Gardenhire<\/strong> since she was a sucking child until lately.  He stated that he always thought that she favored Pathkiller<\/strong> and he thought she was his child.  He stated that he heard James Johnson<\/strong> make oath that Sarah Gardenhire<\/strong> was Pathkiller<\/strong>s only heir by his wife Sucky<\/strong> before Esqr. John Knox<\/strong> of Monroe County.  James Johnston<\/strong> was a defendant in this suit.  He stated that Hugh Blair<\/strong> as he understands it is dead.  In response to questions by defendant, he states that he lived at John Carmichael<\/strong>s and went with John Carmichael<\/strong> to Georgia with a drove of hogs and crossed Tennessee River at what is called Blair<\/strong>‘s Ferry.  He stated he heard of a fuss between Gabriel Caves<\/strong> and John Carmichael<\/strong>.  He stated that he knew of Sucky Martin<\/strong> the mother of Sarah Gardenhire<\/strong> living with an Indian called Sam<\/strong>.  He also stated that Sucky<\/strong> had child by Indian Sam<\/strong> and he thought it “was white or nearly so and it was a male child.” He stated that he thought John Knox<\/strong> lives near the mouth of Fork creek in Monroe County.  He stated that Pathkiller<\/strong> and Sucky<\/strong> were living together before and after Sarah<\/strong> was born. He stated that Pathkiller<\/strong> and Sucky<\/strong> lived together as man and wife a year or two before Sarah<\/strong> was born.<\/p>\n

Affidavit of William Moore<\/strong><\/span><\/p>\n

age 62, of McMinn County, TN, dated 4 Jun 1851.  He stated that he lived in the “Chirikee Nation” about two miles and a half from Blair<\/strong>‘s Ferry.  He was acquainted with Pathkiller<\/strong> but did not know where he lived.  He stated that Pathkiller<\/strong> lived near Blair<\/strong>s Ferry until he was put out of his possession by the Sheriff of Roane County.  He stated that he never heard it disputed that Sarah<\/strong> was a child of Pathkiller<\/strong> and that Pathkiller<\/strong> told him that she was his child.<\/p>\n

Affidavit of James Gamble<\/strong><\/span><\/p>\n

age 57 years, of Roane County, TN, dated 9 Aug 1850.  He stated that he became acquainted with the land in dispute in the last of the year 1819 or the first of the year 1820.  He stated Gabriel Caves<\/strong> was living on the South Side of the Tennessee River at Blair<\/strong>‘s Ferry.  He stated that he was at Blair<\/strong>‘s Ferry some time in the last days of March 1820 and Gabriel Caves<\/strong> was living there.  He state that he went to Alabama and when he returned Caves<\/strong> had moved away and Pathkiller<\/strong> was living in the same house formerly occupied by Caves<\/strong>.  In the year 1820 he sold out a good deal of corn at Blair<\/strong>s Ferry and to the new settlers on the South Side of the River and during the last of the winter and springs he employed a man by the name of Ruth<\/strong> to haul out and sell for him where Majr. Cleaveland<\/strong> now lives.  He was acquainted with Hugh Blair<\/strong> a brother of James Blair<\/strong>, who was the father of Wiley and John Blair<\/strong> two of the defendants.  He stated that as he understood it Mrs. Margaret Carmichael<\/strong> was an aunt of James T. Gardenhire<\/strong> the plaintiff and John Carmichael<\/strong> was an uncle to John and Wiley Blair<\/strong> two of the defendants.<\/p>\n

Affidavit of Sally Carroll<\/strong><\/span><\/p>\n

age about 43 years, of Monroe County, TN, dated 12 Oct 1850.  She stated that she was acquainted with Suckey Martin<\/strong> the mother of Sarah Gardenhire<\/strong>.  She stated that from “nighborhood report” that Suckey Martin<\/strong> lived with an Indian by the name of Sam<\/strong> before she lived with Pathkiller<\/strong>.  She stated that she had heard Pathkiller<\/strong> and Suckey<\/strong> had a fuss.  She stated that she helped Suckey<\/strong> drive her ducks and some other plunder to a place called the Mudey Branch.  She stated that her father was John Crisp<\/strong> and that he lives not far from Kingston.  She stated that the neighbors “that gave rise to the report of Suckey<\/strong> and Pathkiller<\/strong>s having parted” were Thomas Sevens<\/strong> (sic) & George Stephens<\/strong>, Nedey & Barney Casteel<\/strong> & Gabriel Caves<\/strong>.<\/p>\n

Affidavit of George Stephens<\/strong><\/span><\/p>\n

age about 66 years, of Monroe County, TN, dated 15 Aug 1850.  He stated that in 1819 he lived up on Sweet Water, in the year 1820 he lived at the mouth of Sweet Water.  He stated that he lived about 2 miles from Blair<\/strong>s Ferry.  He stated that Gabriel Caves<\/strong> was the only man who lived on the South side of the River except a grocery run by man by the name of Jones<\/strong>.  He stated that he had a son named Philip Stephens<\/strong> born February 27th 1820.<\/p>\n

Affidavit of Wm. Parks<\/strong><\/span><\/p>\n

age about 73 years, of Bradley County, TN, dated 14 May 1850.  He stated that he does not recollect when he moved into the purchase but it was the year before the land was surveyed in the hiwassee district in the fall of the year.  He stated that the only house on the south side of the river was occupied by Gabriel Caves<\/strong> and wife.  There was also a small cabin built near the bank of the river by one John Jones<\/strong> as a place to sell liqour [sic]<\/em> apple cider &c.<\/p>\n

Copy of the marriage record of James T. Gardenhire<\/strong> and Sarah Pathkiller<\/strong> <\/span><\/p>\n

from Hamilton County, TN dated 28 Oct 1844. John Rhome<\/strong> (?) entered into bond with James T. Gardenhire<\/strong>.<\/p>\n

Affidavit of Gabriel Caves<\/strong><\/span><\/p>\n

age about 68 years, of McMinn Co., TN, dated 21 May 1850.  He stated that he moved to Blair<\/strong>s Ferry in March 1818.  He got possession from Taylor Eldridge<\/strong>.  He was under contract with Eldridge<\/strong> for three years but only lived there two years.  He swaped the remaining part of his lease with Eldridge<\/strong> with Pathkiller<\/strong>.  He stated that there was a cabin at Blair<\/strong>s ferry built in 1820 for John Jones<\/strong>. bHe stated that he didn’t know who the father of Sarah Gardenhire<\/strong> was.  He stated that Pathkiller<\/strong> denied her being his daughter.  He stated that he never heard any person say who the father of Sarah Gardenhire<\/strong> was but that he heard Pathkiller<\/strong> frequently throw up to his wife that a man by the name of Sam<\/strong> was the father of her.  He stated that Pathkiller<\/strong> and Sooky<\/strong> his wife frequently parted as he understood to be on account of this child.  He stated that Sarah<\/strong> was about 2 or 3 years old in 1818.<\/p>\n

Affidavit of Joseph G. Hankins<\/strong><\/span><\/p>\n

age about 57, of Hamilton Co., TN, dated 25 Apr 1851.  He stated that he was acquainted with the Indian Pathkiller<\/strong> from about the year 1815 until he left the country.  He stated that Pathkiller<\/strong> had a house at Blair<\/strong>s ferry and that he saw his wife and his daughter Sarah<\/strong>, there.  He stated that he was acquainted with Sarah Gardenhire<\/strong> before she married James T. Gardenhire<\/strong>.  She was a daughter of Pathkiller<\/strong> and Pathkiller<\/strong> claimed her as his daughter.  He stated that she looked like Pathkiller<\/strong>.  He stated that Sarah<\/strong> was about two or three years old in 1819.  He was acquainted with a colored man named Chavis<\/strong> who made a crop in 1819.<\/p>\n

Affidavit of William Hankins<\/strong><\/span><\/p>\n

age about 64, of Hamilton Co., TN, dated 25 Apr 1851.  He stated that he was acquainted with the Indian Pathkiller<\/strong> about the year 1818.  He stated that Sarah Gardenhire<\/strong> was always called a daughter of Pathkiller<\/strong>.  He stated that he knew of Pathkiller<\/strong> having only two wives.  He stated that Pathkiller<\/strong> took one about the time of the Creek war and he then married Sucky Martin<\/strong>.  He stated that Pathkiller<\/strong> had two children by his first wife.<\/p>\n

Affidavit of Samuel S. Walker<\/strong><\/span><\/p>\n

of Polk Co., TN, age 50 years, dated 24 May 1850.  Samuel Walker<\/strong> stated that he moved to the Hiwassee District in March 1819 about a mile and a half from Blair<\/strong>s ferry.  He stated that Gabriel Caves<\/strong> and his family lived at the ferry in 1819.  He stated that Pathkiller<\/strong> lived on the Little Hill near where Robert Cannons<\/strong> now lives then called the Taylor Eldridge<\/strong> place.  In 1820, Pathkiller<\/strong> lived at Mudey Branch. He crossed the river at Blair<\/strong>‘s ferry in 1819 and in January 1820 when he was going courting the woman that is now his wife.  He stated that he knew Pathkiller<\/strong> and Suckey<\/strong> his wife.  He stated that they parted and Pathkiller<\/strong> left his property to his son Archeles<\/strong>.  Pathkiller<\/strong> stated that Sarah<\/strong> was not his child that she was a child of some other Indian.  He stated that he thought Sarah<\/strong> was between four and five years old in 1819.  He said Suckey Martin<\/strong> was a white woman.  He stated that he was married in August 6th 1820. [Editor’s note: Samuel Walker<\/strong> married Elizabeth Crisp<\/strong> in Roane County.]  He lived in Monroe County on Eastinaley (?) in 1821 or 1822.  Pathkiller<\/strong> and Sucky<\/strong> parted in 1819.  He didn’t know what caused them to part.<\/p>\n

Affidavit of Elizabeth Walker<\/strong><\/span><\/p>\n

aged about 56 years, wife of Samuel Walker<\/strong>, dated 24 May 1850.  She stated that she heard Suckey<\/strong> the mother of Sarah Gardenhire<\/strong> say that she was not the child of Pathkiller<\/strong> that she was the child of an Indian by the name of Sam<\/strong> in the presence of Polly Martain<\/strong>, Elizabeth Martain<\/strong>, Jane Caves<\/strong> the wife of Gabriel Caves<\/strong> and Jane Caves<\/strong> the wife of Wm. Caves<\/strong> and Rodah Stephens<\/strong>.  She stated that she heard that Pathkiller<\/strong> say that he was going to divide his property between Alcey Eldridge<\/strong> and Archeloe<\/strong> and he did not intend to give Sarah<\/strong> anything for she was not his child.  She stated that she was the daughter of John Crisp<\/strong> of Roane County and sister of Roda Stephens<\/strong>.  She stated that she understood that Sarah<\/strong> the daughter of Sucky Pathkiller<\/strong> married Mr. Gardenhire<\/strong>.  She stated that Pathkiller<\/strong> came to the home of her father in 1819 and stated that he was going to give his property to Archealor<\/strong> and Alcey<\/strong> and would not give Sal<\/strong> anything for she was not his.<\/p>\n

Affidavit of Michael Hawkins<\/strong><\/span><\/p>\n

age about 36, of Polk Co., TN, dated 8 Oct 1850.  He stated that he was acquainted with the general character of Samuel and Elizabeth Walker<\/strong> and he could believe them on oath.  He had known them for about four or five years.<\/p>\n

Affidavit of Joseph Stephenson<\/strong><\/span><\/p>\n

age about 26 years, dated 8 Oct 1850.  He stated that he was acquainted with the general character of Samuel and Elizabeth Walker<\/strong> and he could be believe them on oath.  He had known them for about 5 or 6 years.  Affidavit of Jacob Kinser<\/strong>, age about 48 years.  He stated that he was acquainted with the general character of Samuel and Elizabeth Walker<\/strong> and he could be believe them on oath.  He had known them for between six and eight years.  He had a daughter who married into Samuel Walker<\/strong>‘s family.<\/p>\n

Affidavit of John F. Hannah<\/strong><\/span><\/p>\n

age about 53 years.  He stated that he was acquainted with the general character of Samuel and Elizabeth Walker<\/strong> and he could be believe them on oath.  He had known them for about fourteen or fifteen years and lived with 5 miles of them for eight or nine years.<\/p>\n

Affidavit of Matthew Nelson<\/strong><\/span><\/p>\n

aged about 72 years, of Philadelphia, Monroe County, TN, dated 21 Oct 1850.  He stated that he had been acquainted with Joseph G. Hankins<\/strong> for thirty years and could not believe him on oath.<\/p>\n

Affidavit of William Burnett<\/strong><\/span><\/p>\n

age about 76 years, of Conway Co., Arkansas, dated 26 Sep 1850.  He stated that he knew that Pathkiller<\/strong> moved from the peachtree place to the Muddy Branch in 1819.  Pathkiller<\/strong> moved from Muddy Branch to Blair<\/strong>s Ferry in March 1820.  He stated that he knew Pathkiller<\/strong> for eight or ten years before 1820.  He knew Sam<\/strong> the Indian and Sucky Martin<\/strong> but he did not know if they had lived together as man and wife.  He was acquainted with Sarah<\/strong> the daughter of Sucky Martin<\/strong> & it was always said that her father was Sam<\/strong> the Indian and heard Pathkiller<\/strong> say that also.<\/p>\n

Affidavit of James McNabb<\/strong><\/span><\/p>\n

age about 95 (?) years, of Lawrence County, MO. dated 29 May 1851.  Taken at the dwelling house of John B. Higdon<\/strong>.  He stated that he was acquainted with Pathkiller<\/strong> and that Pathkiller<\/strong> lived at the Taler Eldridge<\/strong> place.  He stated that he lived on the North side of the river about a fourth of a mile from the river on James Blair<\/strong>s land.  He stated that he knew that Sucky<\/strong> the mother of Sarah Gardenhire<\/strong> lived with an Indian by the name of Sam<\/strong> as man and wife before Pathkiller<\/strong> took up with her.  The neighborhood reported that Sam<\/strong> was the father of Sarah<\/strong>.<\/p>\n

Affidavit of Nancy McNabb<\/strong><\/span><\/p>\n

age about 50 years, of Lawrence Co., MO, dated 29 May 1850.  She says that she was acquainted with Pathkiller<\/strong>.  She stated that they lived at Muddy Branch in 1820.  She said that she knew of Sucky<\/strong> the mother of Sarah Gardenhire<\/strong> living in an Indian by the name of Sam<\/strong> as man and wife before Pathkiller<\/strong> “tuck up with her.”  It was the report of the neighborhood that Indian Sam<\/strong> was the father of Sarah Gardenhire<\/strong>.  She stated that Pathkiller<\/strong> said that Sam<\/strong> was the father of Sarah<\/strong>.  She stated that she heard Sam<\/strong> threaten to steal Sarah<\/strong> from Pathkiller<\/strong> and Sucky<\/strong>.  She stated that Sarah<\/strong> was born a short time not more than a month after Sucky<\/strong> took up with Pathkiller<\/strong>.<\/p>\n

Affidavit of Wiley Lasater<\/strong><\/span><\/p>\n

aged about 69 years of McMinn Co., dated 11 Oct 1850.  He stated that he knew Gabriel Caves<\/strong> from the year 1811 until the later part of 1812 and then became acquainted with him again in 1838.  He stated that Gabriel Caves<\/strong> belonged to the Methodist church.  He stated that he could believe Gabriel Caves<\/strong> and his wife Jane<\/strong> on oath. <\/p>\n

Affidavit of John J. Dixon<\/strong><\/span><\/p>\n

aged about 44 years, of McMinn Co., TN, dated 11 Oct 1850.  He stated that he had been acquainted with Gabriel Caves<\/strong> for about three or four years and could believe him on oath.<\/p>\n

Affidavit of Robert J. Patty<\/strong><\/span><\/p>\n

aged about 25 years, of McMinn Co., TN, dated 11 Oct 1850.  He stated that he had been acquainted with Gabriel Caves<\/strong> for about twelve or thirteen years and could believe him on oath.<\/p>\n

Affidavit of Cornelius Derrick<\/strong><\/span><\/p>\n

aged about 38 years, of McMinn Co., TN, dated 11 Oct 1850.  He stated that he had been acquainted with Gabriel Caves<\/strong> for about 12 years and could believe him on oath.<\/p>\n

Affidavits of Andrew Allen<\/strong>, Joseph D. Jones<\/strong>, William C. Nelson<\/strong>, and George Alexander<\/strong><\/span><\/p>\n

Andrew Allen<\/strong>, age 44 years, and Joseph D. Jones<\/strong>, age 42 years, Wm. C. Nelson<\/strong>, age 29 years, George Alexander<\/strong>, age about 59 years, all of Monroe Co., TN, dated 14 Oct 1850, all stated that they couldn’t believe Joseph G. Hankins<\/strong> on oath.<\/p>\n

Affidavits of Preston G. Campbell<\/strong> and Martha Campbell<\/strong><\/span><\/p>\n

Martha Campbell<\/strong> age 40 years, Preston G. Campbell<\/strong>, age 47 years, of Monroe Co., TN, dated 14 Oct 1850. <\/p>\n

Martha<\/strong> stated that she was acquainted with Sucky Martin<\/strong> and that she heard Suckey<\/strong> the mother of Sarah Gardenhire<\/strong> often sayd that the Indian Sam<\/strong> was Sarah<\/strong>s father and not Pathkiller<\/strong>s child.  She stated that Sucky<\/strong> and Pathkiller<\/strong> had a fuss about Sarah Gardenhire<\/strong> not being Pathkiller<\/strong>s child.  Pathkiller<\/strong> divided up his property between his children, Archkiller<\/strong> and Alsa Eldridge<\/strong> and that he gave nothing to Sarah Gardenhire<\/strong> as she was not his child.  Martha<\/strong> stated that she and her sister Sally<\/strong> helped drive the ducks when Suckey<\/strong> went to her fathers at the Mudy Branch above Blair<\/strong>s ferry.  She stated that Sucky<\/strong> said that she left Pathkiller<\/strong> because he treated Sarah<\/strong> so bad. <\/p>\n

Preston G. Campbell<\/strong> stated that he was acquainted with James G. Hankins<\/strong> and couldn’t believe him on oath.<\/p>\n

Affidavit of Melinda Curby<\/strong><\/span><\/p>\n

aged about forty one years, of Monroe Co., TN, dated 10 Oct 1850, taken at Baily Curby<\/strong> house.  She stated that she was acquainted with Sucky Martin<\/strong>.  She also stated that she understood that an Indian by the name of Sam<\/strong> was the father of Sarah Gardenhire<\/strong> and that she heard this from Alesey Eldridge<\/strong>, the daughter of Pathkiller<\/strong>.  Alesey Eldridge<\/strong> never recognized Sarah Gardenhire<\/strong> as a sister.<\/p>\n

Affidavit of Jesse Butler<\/strong><\/span><\/p>\n

age about 55, of Roane County, TN, dated 22 Feb 1851. He stated that he was acquainted with Pathkiller<\/strong> and had been acquainted with the Cherokee Indians ever since the year 1810.  As far as he knew there were no marriage ceremonies among the Indians.  He said they would take up together and would live together as long as they agreed or pleased and then parted and each of them took with them the property they brought with them when they took up together.  He said that from report that Pathkiller<\/strong> is dead and he died in 1837 or 1840. He was acquainted with James G. Hankins<\/strong> and could not believe him on oath.<\/p>\n

Affidavit of Looney Humphreys<\/strong><\/span><\/p>\n

age about 26, of Roane County, TN, dated 22 Feb 1851, stated that he could not believe James G. Hankins<\/strong> on oath.  Affidavit of John Blair<\/strong>, age about 42, of Roane County, TN, dated 22 Feb 1851.  He stated that he was with the surveyor run the lines of the claimed reservation in 1850 and he and James Crisp<\/strong> showed the place where Pathkiller<\/strong> lived.  He stated that his Father moved to the North side of the Tennessee River in March 1818 and in February 1819 moved on the south side of the river.  He boarded at John Edmison<\/strong> in about two hundred yards of where Pathkiller<\/strong> lived.  He could not believe James G. Hankins<\/strong> on oath. <\/p>\n

Affidavit of John Knox<\/strong><\/span><\/p>\n

age about 64, of Roane County, TN, dated 22 Feb 1851.  He stated that he was with the surveyor in 1850 as a chain carrier.  He stated that John Carmichael<\/strong> bought a claim of Thomas Maw<\/strong> a native of the nation and was trying to disperse Caves<\/strong> of the land at Blair<\/strong>s Ferry.  He heard Taylor Eldridge<\/strong> say that John Carmichael<\/strong> ought not to do that for he was the man [Eldridge<\/strong>] who put Caves<\/strong> in possession and Maw<\/strong> claims were no account.  He could not believe James G. Hankins<\/strong> on oath.<\/p>\n

Affidavit of Thomas Robertson<\/strong><\/span><\/p>\n

age about 64, of Roane County, TN, dated 22 Feb 1851.  He stated that he could not believe James G. Hankins<\/strong> on oath.<\/p>\n

Affidavit of William Rogers<\/strong><\/span><\/p>\n

age 50 years, of Hamilton Co., TN, dated 6 Jun 1850.  He stated that he was an acting justice of the peace in Hamilton County, Tenn. and celebrated the rites of matrimony between James T. Gardenhire<\/strong> and Sarah Pathkiller<\/strong> about the first of November 1844.  He stated that they were living under Indian law about eleven years before they were married.<\/p>\n

Affidavit of Charles Kelso<\/strong><\/span><\/p>\n

age about 64, of Monroe Co., TN, dated 4 Jun 1850.  He stated that he was well acquainted with the Cherokee Indian called the Acorn<\/strong> an Arkansas emigrant about the year 1819.  He was also acquainted with Tom Maw<\/strong>, a son-in-law of Acorn<\/strong>.  He stated that Tom Maw<\/strong> was “a sort of a chief or manager in the nation in the year 1819.”  Tom Maw<\/strong> sold Acorn<\/strong>‘s improvement in the nation in 1819 where Gabriel Caves<\/strong> lived to John Carmichael<\/strong>.<\/p>\n

Affidavit of Thompson Gardenhire<\/strong><\/span><\/p>\n

of Marion Co., TN, age 61 years, dated 19 Apr 1850.  He stated that he was familiar with all the parties in the case except Mrs. Tunnell<\/strong>.  He was acquainted with Pathkiller<\/strong>.  He could not positively say who the father of Sarah Gardenhire<\/strong> was but Pathkiller acknowledged her as he daughter.  He stated that Sarah<\/strong> was married to James T. Gardenhire<\/strong> about the year 1832 or 3.  He stated that he is an uncle to James T. and Sarah Gardenhire<\/strong>.  He stated that he lived in Overton County, Tennessee in 1819 and 1820.  He had a brother-in-law John Carmichael<\/strong>.<\/p>\n

Affidavits (dated 26 Aug 1850) of William Higgins<\/strong>, John S. Oneal<\/strong>, John Fagan<\/strong>, Stephen Lawson<\/strong><\/span><\/p>\n

William Higgins<\/strong>, age about 53, he stated that he didn’t know the character of Samuel S. Walker<\/strong> and his wife.<\/p>\n

John S. Oneal<\/strong>, age about 43, he stated he could not believe Samuel S. Walker<\/strong> on oath.<\/p>\n

John Fagan<\/strong> age about 40, he stated he could not believe Samuel S. Walker<\/strong> on oath.<\/p>\n

Stephen Lawson<\/strong>, age about 61, he stated that he knew the reservation at Blair<\/strong>s ferry on the Tennessee river in Roane county.  He was acquainted with Pathkiller<\/strong>.  I never heard James Blair<\/strong> the father of John Blair<\/strong> and Wiley Blair<\/strong> say that Pathkiller<\/strong> had a good reservation.  He was acquainted with Hugh Blair<\/strong> a brother of James Blair<\/strong>.  He came to the Hiwasse district in February 1820.<\/p>\n

Affidavit of George Waller<\/strong><\/span><\/p>\n

age about 55 years, of Hamilton Co., TN, dated 4 Oct 1851.  He stated that he is acquainted with Joseph Hankins<\/strong> (formerly of Roane county but now of Hamilton county) and James Carden<\/strong> (formerly of Roane County but now of Bradley County, TN).  He stated that he could believe them on oath.<\/p>\n

Affidavit of Henry Daugherty<\/strong><\/span><\/p>\n

age about 55 years, of Hamilton Co., TN, dated 4 Oct 1851.  He stated that he was acquainted with Pathkiller<\/strong>.  He stated that Pathkiller<\/strong> came to Hamilton County about 18 or 20 years ago and moved about 12 years ago to Arkansas.  He stated that Sarah Gardenire<\/strong> was said to be Pathkiller<\/strong>‘s daughter and that he had seen her at Pathkiller<\/strong>s.  He stated that he first became acquainted with Sarah Gardenire<\/strong> when they lived at the Blue Spring in Hamilton County.<\/p>\n

Affidavit of John Cannon<\/strong><\/span><\/p>\n

age about 48 years, of Hamilton Co., TN, dated 4 Oct 1851.  He stated that he became acquainted with Pathkiller<\/strong> at Blair<\/strong>s Ferry about March 1820.  He stated that he was satisfied that Sarah<\/strong> was Pathkiller<\/strong>s child.  He stated that he would believe Joseph G. Hankins<\/strong> and James Carden<\/strong> on oath.<\/p>\n

Affidavit of John Anderson<\/strong><\/span><\/p>\n

age about 36 years, of Hamilton Co., TN, dated 4 Oct 1851.  He stated that he was acquainted with Pathkiller<\/strong> and he became acquainted with him in 1835 or 1836 and knew him until he went to Arkansas in 1839.  He became acquainted with Sarah Gardenhire<\/strong> in 1835.  She was about 18 or 20 years old and she then lived at the place called the Blue Spring in Hamilton County.<\/p>\n

Affidavit of James Roy<\/strong><\/span><\/p>\n

age about 49 years, of Hamilton Co., TN, dated 4 Oct 1851.  He stated that he moved to the Hiwassee District in the year 1819 and landed at Blair<\/strong>s ferry, Roane County.  He was acquainted with Pathkiller<\/strong> and with Sarah Gardenhire<\/strong>.  He stated the she was said to be Pathkiller<\/strong>s child and that she had the favor (appearance) of Pathkiller<\/strong>.<\/p>\n

Affidavit of William Sears<\/strong><\/span><\/p>\n

age about 54 years, of Hamilton Co., TN, dated 4 Oct 1851.  He stated that he was acquainted with Pathkiller<\/strong> between 25 and 30 years ago.  He was also acquainted with Sarah Gardenhire<\/strong> and that she lived with Pathkiller<\/strong> on the Hiwassee River in Bradley County which is now the Ocoee district.  He stated that Sarah<\/strong> had the favor as to color of the Cherokee Indians.<\/p>\n

Affidavit of Samuel Igou<\/strong><\/span><\/p>\n

age about 51 years, of Hamilton Co., TN, dated 4 Oct 1851.  He stated that he had a short acquaintance with a Cherokee Indian named Pathkiller<\/strong> who lived on the south bank of the Tennessee River Hamilton county, Tennessee.  He stated that he always understood that Sarah Gardenhire<\/strong> was a daughter of Pathkiller<\/strong>.<\/p>\n

Affidavit of Benjamin Ford<\/strong><\/span><\/p>\n

age about 60 years, of Hamilton Co., TN, dated 4 Oct 1851.  He stated that he was familiar with Jas. G. Hankins<\/strong> & James Carden<\/strong> formerly of Roane County, TN and would believe them on oath.<\/p>\n

Affidavit of William Crowder<\/strong><\/span><\/p>\n

age about 70 years, of Hamilton County, dated 10 Feb 1851.  He stated that he was acquainted with James Carden<\/strong> of Roane county and has been acquainted with him since 1818.<\/p>\n

Affidavit of Samuel McCaleb<\/strong><\/span><\/p>\n

age 54 years, of Hamilton County, dated 10 Feb 1851.  He stated that he was acquainted with Joseph G. Hankins<\/strong> and stated that he would believe him on oath.<\/p>\n

Affidavit of William Stone<\/strong><\/span><\/p>\n

age about 34 years, of Hamilton County, dated 10 Feb 1851.  He stated that he was acquainted with Joseph G. Hankins<\/strong>.<\/p>\n

Affidavit of Farah Denny<\/strong><\/span><\/p>\n

age about 50 or 55 years, of Hamilton County, dated 10 Feb 1851.  He stated that he was acquainted with Joseph G. Hankins<\/strong>.<\/p>\n

Affidavit of Peter H. Syler<\/strong><\/span><\/p>\n

age about 50 years, of Hamilton County, dated 10 Feb 1851. He stated that he was acquainted with James Carden<\/strong> and Joseph G. Hankins<\/strong> and would believe them on oath.<\/p>\n

Affidavit of Charles C. McKeehen<\/strong><\/span><\/p>\n

age about 29 years, of Hamilton County, dated 10 Feb 1851.  He stated that he was acquainted with Joseph G. Hankins<\/strong> and could not believe him on oath but would give him free faith and credit.<\/p>\n

Affidavit of Plesant H. Smith<\/strong><\/span><\/p>\n

age about 33 years, of Hamilton County, dated 10 Feb 1851.  He stated that he was acquainted with Joseph G. Hankins<\/strong> since he came from Mexico which I think is about 3 years ago he is a insane (?) man and drinks “Lickqwer.”<\/p>\n

Affidavit of James Moore<\/strong><\/span><\/p>\n

age about 53 years, of Hamilton County, dated 10 Feb 1851.  He stated that he was acquainted with the Indian Pathkiller<\/strong> about the year 1810 until the year 1830.  He also stated that he was acquainted with Sarah Gardenhire<\/strong> and that he never new anything but she was the daughter of Pathkiller<\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"

(from archived RCHC Web Site) Note:  Location of the original documents is not indicated; they possibly are in the Roane County Archives’ loose papers. [from original archived Web page] Editor’s Note:  The following case is a follow-up to a case …<\/span> Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0,"footnotes":""},"categories":[50,11,46,10,55,14,30,52,49,57],"tags":[],"class_list":["post-957","post","type-post","status-publish","format-standard","hentry","category-african-american","category-bible-records","category-biographies","category-court-records","category-genealogies","category-geography-and-topography","category-land-records","category-migration-settlement","category-native-american","category-roane-tn-heritage-site"],"_links":{"self":[{"href":"https:\/\/tngenweb.org\/roane\/wp-json\/wp\/v2\/posts\/957","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tngenweb.org\/roane\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tngenweb.org\/roane\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tngenweb.org\/roane\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/tngenweb.org\/roane\/wp-json\/wp\/v2\/comments?post=957"}],"version-history":[{"count":7,"href":"https:\/\/tngenweb.org\/roane\/wp-json\/wp\/v2\/posts\/957\/revisions"}],"predecessor-version":[{"id":964,"href":"https:\/\/tngenweb.org\/roane\/wp-json\/wp\/v2\/posts\/957\/revisions\/964"}],"wp:attachment":[{"href":"https:\/\/tngenweb.org\/roane\/wp-json\/wp\/v2\/media?parent=957"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tngenweb.org\/roane\/wp-json\/wp\/v2\/categories?post=957"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tngenweb.org\/roane\/wp-json\/wp\/v2\/tags?post=957"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}