Source: TSL&A Microfilm #A5171, #13461-13692
Lawsuit #13467
State of Tennessee
Sumner Co.
Be it remembered that in per source of the enclosed commission to me, directed from the
honorable, the courts of chancery from Sumner Co, in the state of Tennessee. I have cause to
come before me at my house in the county of Sumner in the state of Tennessee on the sixth and
seventh days of April 1849, Benjamin Johnson, age about 54, William Johnson, age about 30
years, Susanna Johnson, age about 16 years, Elizabeth Buntin, age about 50 years, Richard
Bradley age about 28 years, William M Carter age about 50 years, John T. Carter age 23?
(blotted with ink) years, Francis Lee age about 53 years, Thomas J. Flowers age about 33 years ,
and James Gwen senor age about 52.
Witnesses
In a certain mater of controversy in said court dependency, where in Enoch Simpson and wife
complaintant and Nelson B. Turner, guardian defendant, who being forth sworn by the holy
evangelist of Almighty God to speak the truth the whole truth and nothing but the truth.
Deposith and saith as following:
Question by the defendant
How far do you live from Mr. Simpson
answer: half mile
Please state what you may have heard Mr. Simpson say about John going to my house
Answer: Mr. Simpson said that if Martha wanted John to go among the Turners that he hadnt a
word to say but sed that he could not go there and stay at his house.
Please state what time this conversation took place
Answer about twelve months ago
Question by the plantive
Please state how the ward has been treated by myself so far by
Answer I think that he has been very well treated as far as I know
Please state whether you think that Mr. and Mrs. Simpson would as more to promote the interest
of the child than N.B. Turner
Answer I think that Mrs. Simpson would but cant say as to Mr. Simpson
Please state whether you think that I would do anything to prevent my wife from promoting the
interest of the child.
Answer I do not know that he would
further the depantant sayith not
James Gwen. . Francis (x)
? Lee
Deposition of Thomas J. Flowers
Question by the defendant:
Please state if you are acquainted to the plantive and defendant
Answer How long I have been acquaintance with Mr. Simpson, some six years and with Mrs.
Simpson, some ten or eleven years. I married her cousin about that time.
Please state if you live near to Mr. Simpson and how long.
Answer I live near to Mr. Simpson and done business for him and Gwen about thirteen
months
Please state whether Mr. Simpson was in the habit of keeping Liquor and used it freely
Answer I have seen Mr. Simpson drink his licor freely and had more in him than done necessary
---done no harm. I have seen Mr. Simpson carry his bottle of liquor
Please state if Mr. Simpson is not overly vulgar man before his family and others after --- one
chimus morning
Answer At the time referred to Mr. Simpson did use vulgar language and sed to his negro girl if
he found that she had stolen certain things that he would tie her up by the two big toes and whip
all the tar out of her.?
Please state how long you have been acquainted with me.
Answer twenty years and tolerable well acquainted with your situation
Please state from your knowledge, me and the situation of schools in my neighborhood and also
from your knowledge of Mr. Simpson and his neighborhood, which would you place a child of ten
years old to be educated.
Answer With you
Question by the plantive
Is not your knowledge of my neighborhood vary limited as to the fersilities of school
Not as well as that of Mr. Turner
Please state how I come to carry the bottle of licor
Answer Mr. Simpson and myself and others were together and all joined and bout liquor drinking
it on the road and after we had got home.
Please state how I come to carry the bottle
Answer After we all had drank your pocket being the largest, you took the bottle as there are no
other pockets in the company that would hold it
Please state whether you ever saw me under influence of liquor so as to discollify from
business
Answer I have not
Please state what give rise to the vulgar language aluded to the above
Answer Mr. Simpson stated the negro had went off with leave, brought things that he thought
they had stolen and I believe that Mr. Simpson were excited by the conduct of the negro and not
from the stue
further this depanant sayth not. Thomas L. Flowers
Deposition of Benjamin Johnson
Question by the defendant
Please state your acquaintance with the plantives and defendants and their neighborhood
Answer I have been acquainted with the defendant for about 30 years and with Mr. Simpson
some ten or twelve years and with Mrs. Simpson about 26 or 27 years
Please state how long you have been acquainted with James H. Turner
Answer 30 years as I am well acquainted with each neighborhood
Please state the friendship that existed between myself and family and my brother James H Turner
and family
Answer they were as friendly as any brothers I ever saw and their family also and in all of James
trading he was dependent to councel with Nelson and was present at his death and I was with him
twelve or fourteen hours previous to his death and do not think I was absent at any time more
than five minutes from him.
Please state if you ever heard my brother James make any dying request of his wife
Answer I did not
Please state if you heard my brother James call for his child and if so what ever
Answer I was present as he looks at his wife and asked for his child, his wife turn of a to get the
child and were stoped by my wife and Mrs. Buntin.
Please state of your position at the time James called for his child
Answer Such as you would been compelled to have his request to his wife about keeping the
child if he had made one, I was standing by his bed side when James called for the child after his
wife had turn of and come back. I stood off some four feet well maybe one minute and returned to
the foot of the bed and ---have heard everything said until he died but didn't hear no request
made.
Please state the condition of my health at the death of James
You were confined to room by sickness
Please state wither John were in the habit of visiting his father relations
Answer He were not
Please state from you acquaintance the parties and their neighborhood where would the interest of
the ward be most promoted as far as education is concerned
Answer At Turners
QUESTION BY THE PLANTIVE
Please state if you believe that James H. Turner did not request the feelings of his wife above that
of any other person living.
Answer I believe he did
Please state whether my wife when a girl was left motherless and apart of the time under a
stepmother
Answer She was left motherless but as to the stepmother I cannot say
Please state if at the time James Turner call for his child and you stepped along if he could not
have made the request to his wife and you never heard it.
Answer It is possible he might as it was time there was a good deal of excitement
Is there not other neighborhood places as good for bord and school as Turners
Answer I suppose there is
Please state what relationship you sustain to the parties
Answer Mrs. Simpson is a niece of mine and Turner is a brother in law
further the defendant sayeth not. Benjamin Johnson
The deposition of Susanna Johnson
QUESTION BY THE DEFENDANT
Please state when your mother called at Mr. Simpsons to take John home with you what
occured?
Answer We stoped at Mr. Simpson and asked Aunt Martha to let John to go home with us. she
said he mite go and he started with us and she called to stop and said she recked he had better not
go and said that without Mr. Simpson were there, He mite not like it if he went and John were
very anxious to go and cried when his mother told him to get out of the buggy
Please state your relationship between your mother and John
Answer My mother and Johns father were brother and sister and my father and Aunt Martha
Simpsons father were own brothers
Please state if you ever saw John at any of his fathers connections.
Answer Never until this week at fathers as I recollect.
QUESTION BY THE PLANTIVE
What is the distance from my house to your fathers
answer twelve miles
Please state the objections as offered by my wife about John going home with you
Answer she said his cloths were dirty
Please state if you ever were at your Uncle Turners at the parties also state whether they played
cards and danced.
Answer I were and they done both
further this depondent sayth not. Susan A. Johnson
THE DEPOSITION OF ELIZABETH BUNTIN
Just by the defendant
Please state what you heard Martha Simpson say about the friendship that exists between the
family and about John and who she wanted to have the management of John and his property and
who she did not want to have the management
Answer I was at the Turners during the winter, she stated that her father wanted to manage
Johns estate but she stated he should not have it in his hands and stated that no person should
have his money but Nelson Turner for she believe that he would be a father to that child and
stated that James all was could take time to go to Nelson once a weak or oftner and said as to
Nelson Turner and his wife she thought as much of them as she did of her father of more.
Please state the lenth (length) of time from the death of James Turner until his widow
married.
Answer a little over six months or a little under six.
Please state the relationship you surtain to the parties.
Answer James H. Turner were my brother further this depondant sayth not
Elizabeth Buntin
The deposition of James Gwen
QUESTION BY THE DEFENDANT
Please state our acquaintance with the parties and their neighborhood
Answer I am well acquainted with them and their neighborhood
please state the convenience of the school houses in my neighborhood and also of Mr.
Simpson
Answer Mr. Turner lives about 1 mile and 3/4 from all counts Mr. Simpson about three miles
and «
>From your knowledge of both neighborhood which have the preference as to school
Answer Turner
Please state from your acquaintance with Mr. Simpson and family is behind the times and the
customs and fashions of the territory if so how far
Answer one twenty or twenty five years and a conciderable potion of his neighborhood and
associates are also. The one condition both Mr. Simpson and myself were partners in a mill for
several years.
Please state if Mr. Simpson is not a stuborn man in his disposition
Answer He is
I have been at Mr. Simpson frequently and on several occasions saw liquor and frequently saw
him use it
Please state if from your acquaintance with me and my neighborhood and Mr. Simpson and his
neighborhood at which place would the location and interest of the ward be mostly
-----
Answer At Turners
QUESTION BY THE PLANTIVE
Please state if it would not be very un---- as far as the mother is concerned to take the child from
her Please state if in your opinion the removal of the child would not be very unpleasant to
her
Answer I think it would
Please state if you ever saw me disquillified by the use of spirits
Answer I did not
Please state whether you consider N.B. Turner and family persuing all the high qualities and
fashions and refined manners of the ---- fully up with the times.
Answer I think they express all the fashions and qualities but -- middle or medium grounder in
society.
Please state if Mr Turner has --- himself of the advantage of the rural-- in the education of his
own children and given them the rural polish
Answer I think not
Is not the education of his sons quite limited
I consider they have a common education
Please state if the neighborhood of Gallatin its vercinity is as good a place to educate a boy as any
place in the county
It is
Please state the difference between the times now and twenty or twenty five years ago.
there is a great difference, I consider we are a great deal better
QUESTION BY THE DEFENDANT
Please state how Mr. Simpson has educated and promoted the interest of his family
Answer his children are very limited to their education
Please state the nearest school to Mr. Simpson
At this time the rural acadamy is the nearest some six miles
further the deponant sayeth not
James Gwen ?
Deposition of William Johnson
QUESTION BY THE DEFENDANT
Please state if you were present when a difficulty took place between Mr. & Mrs. Simpson and Jo
D. Turner if so what occured
Answer Jo D. Turner and myself were at the camp meeting at the Dry Fork. Mrs Simpson
invited us to go home with her to dinner. We went sometime after dinner. Jo D. were walking
the floor and had or had John in his arms. Mrs. Simpson were sitting in the room. Jo D had on a
new pair pants with buttons on from the ancles near the knees. Mrs. Simpson took hold of one of
the buttons and said she would cut one off or pull it off. Jo D. took hold of her year and shuck it
and turned off. Mr. Simpson came out of the -- and took Jo D. by the arm and pointed to the
door. Jo D asked him what he had done. Mr Simpson said he did notwant to have any words
about it but if he did not get out, he would put him out. Mrs. Simpson spoke and said, Mr.
Simpson we always fooled and played in Mr. Turners life time and meant no harm. Mr. Simpson
said, I dont know what you come for. for you was not wanted when you were fetched. Jo D. than
got his horse and left. I then left the house until Mr. Bradley and Mr. McGlothlin had left. I then
returned to the house and found Mr. Simpson and his wife quarreling about the way Mr. Simpson
had treated he & Jo D. I cannot remember all that was said but what I remember, I remember
that Mrs. Simpson told Mr. Simpson that if he didn't mind how he talked and went on that she
would not stay with him but would go back to the old place Mr. Simpson told her that if she
wanted to go she could go. Mrs. Simpson threw up some woman on this side of the ridge to Mr.
Simpson, he than threw up Mark Moore and Jo D to her. She than told him that she loved Mark
Moores little finger better than she did his whole body, in run of the conversation Sanford
Simpson, the son of Enoch Simpson gave Martha Simpson the boy.
Please state your relationship to parties and your acquaintance to them
My mother and N.B. Turner were brother and sister and my father & Mrs. Simpsons father were
brothers. I am well acquainted with the parties the friendship were very good between the two
Turner families and the children of N.B. Turner
further the deponant sayth not
William Johnson
DEPOSITION OF JOHN T CARTER
QUESTION BY THE DEFENDANT
Please state if you went with N. B. Turner to the northside of the ridge to Sanford Simpsons if
what occured
Answer I went with him & N. B. Turner demanded John the ward & told Sanford that he thought
as he were his guardian he had the right of electing the place for the child to go to school.
Simpson told him that the boy should not go without the consent of his mother. Turner told
Sanford if he would take the boy back to his mother he would go and see her about him. Sanford
promised to send him back
Please state if Sanford informed me the boy were to bo back in a few days.
Answer He did not Sanford stated the boy were brout there for his accomdations to go to school
with his son
Please state the district of the corrector of the school house and neighborhood the school house is
in Trousdale
The school house were very sorry and even the neighborhood is uniformed and quite disapated.
Please state how Mr. Simpson has educated his own children
Answer theyre education is quite limited
Please state if you have not been frequently at Mr. Simpson if so, whither he were in the habit of
keeping liquor and drinking a glass two thirds full sometimes please you are acquainted with my
neighborhood and that of Mr. Simpson and the school
answer I am
Please state the corrector of school is better in the neighborhood of Mr. Turner than it is that of
Mr. Simpson and more of them -and more of them --- the nearest school to Mr. Simpson as this
is the --- is the rural
QUESTION BY THE PLANTIVE
Please state how long since you frequented my house
Answer Some five or six years
Please state where you obtained your education
Answer I obtained the most of it on the waters of the Dry Fork
Please state if the education of Turners children is limited
Answer they have common english education
further this deponant sayth not
John T. Carter
DEPOSITION OF RICHARD BRADLEY
QUESTION by the defendant
Please state if you were present when a difficulty took place between Mr. Simpson & Jo D.
Turner and if so what occured.
ANSWER Jo D Turner & myself went from meeting to Mr. Simpsons in the fall about 1841,
some part time after dinner. Jo Turner were walking the floor & I think had John in his arms, a
new pair of pants on with buttons on from the ankles up near the nees(knees). Mrs. Simpson
were sitting in room and took hold of one of the buttons & said she would cut it off or pull it off.
Jo D than took hold of her year & shasks it a & said Aunt Martha you are always trying to play
your pranks on me & turn & walked off when Mr. Simpson walked out of the pridzer ? (bridzer?)
and took hold of his arm and pointed out at the door and told him, he wanted him to leave there.
Turner ask what he had done, Simpson said he didn't want any words about it but told him if he
did not get out, he would put him out. And Turner walked off. Simpson told him that he didn't
know what brought him there for he was no wanted when he was brought there. Turner gets
likewise and left. Mrs. Simpson appeared to be vary much hurt and said she was sorry that he had
treated the boy the way he had and said that Mr. Turner always had thought a great deal of the
children & especially of Jo & I in about one hour after the occurance I left.
QUESTION BY THE PLANTIVE
Were you acquainted with Jo D before the time you and him come to my house.
ANSWER I hardily knew the man
Please state if you will ? that the crowd at my house were generally invited.
ANSWER I did, I don not know whether Mr. Turner were invited or not and several others mite
not further this deponant sayth not
Richard W. Bradley
APRIL 5, 1849
WITNESS;
Benjamin Johnson, age 54, James Johnson age 24, B. F. Johnson about 19, Susan Ann Johnson
16
Benjamin Johnson after being duly sworn deposit as followers to wit:
I have been acquainted with Enoch Simpson for some ten or twelve years. I have known his wife,
Martha ever since she was born. They both stand in my thinking in point of connection as far as
any Johnson of my acquaintance. the neighborhood they live in is a modern. a neighborhood as
any so far as my aquaitance .
I was present when James Turner was on his death bed. some 10 to 15 hours before he died.
Sometime during my stay with him, he called his wife, Martha to his bed side, they than had a
conversation but I did not hear what they were talking about. After that he called to his wife to
bring his child to his bedside but the child was not brout. I have no recollection of him requesting
his wife to respond to his child. I think there was a cooling between James H. Turner and
Thomas Buntin in conseq ? about the old man Turner.
I have been acquainted with Mr. Nelson B. Turner for some 35 to 40 years, his character stands
in my estimation as far as any man. The neighborhood he lives in stands in ----- of morality, as far
as any of my knowledge. I was told by some of Wm. Carter family that N. B. Turner was sending
his children to the Dry Fork school house or some school in that neighborhood. I never heard
Col. N.B. Turner say anything about it.
CROSS NAMES BY THE DEFENDANT
QUESTION
At the time James H. Turner called for his child & was not bout to him if he should of made a
request for his wife to take and ----the child.
ANSWER I should have heard him as I was close by the bedside at the time.
QUESTION At that time and all the times there was a perfect good understanding between N.B.
Turner and James H. Turner
ANSWER They visited each other frequently , there was a good intimacy between them, James
H. Turner would always confer with N. B. Turner in almost any undertaking , in buying stock on
a farming matter and etc. I believe he had more confidence in N. B. Turner than any other man .,
and from the confidence he had in N.B. Turner, I think he would perfered him to attend to this
matter to that of any other man. I was at the sale of Jas. H. turner and I think of the bids of
Martha, James H. Turners, wife that she showed a deposition to purchase the property for less
than the sales. I ask N.B. Turner whether it was right for her to buy the property so low or not. I
do not now recollect his answer. I heard N.B. Turner say to Martha that she ought to bid a fair
price for the property or something may do --------.
She would l ? the child out of it just right in buying the property for less than its ? sales. after
that N. B. Turner ( the uncle of the child on his fathers side ) commenced biding for this property
and the property for a better price. The child of Jas. H. turner has not been with his fathers
connection much since Martha, Jas. H. Turners wife married Enoch Simpson. I didn't know ? of
Jas. child as I have Martha before that, I have full confidence in the plaintiff & -----------but ading
to the concerns of school in the neighborhood, of Col N. B. Turner, I would prefer a child of
mine placed in that neighborhood, the Child of Jas H. Turner has never been at my house to my
recollection until today.
CROSS EXAMINATION BY THE PLANTIFF
I should suppose Jas D. Turner -----------?--- his wife about his children in having it and about
gives his wife, the --------?------ of -----said child this property that Martha, Jas. H. Turners wife,
got on the day of sales as to the amount or quality of it.
I do not now recollect including her property she bought. I think she gave a less a price as any
woman would of give at a sale in that may taking every thing into conceration.
EXAMINED BY DEFENDANT
At the time and previous to the death of Jas. H. Turner, Mrs. Thomas Buntin and him was at a
good ---and less ?
Had been to the best of my knowledge.
further than this depenant sayth not
Benjamin Johnson
JAMES JOHNSON age about 24 next being duly sworn deposition at wit:
I am the nephew of N. B. Turner by mothers side and my father and Martha Simpson , former
wife of Jas. A. Turner, father are brothers. I was at N. B. Turners at a party some two years ago.
I have been informed that there was dancing school at his house some time in 1844. taught not. I
have seen N. B. Turner house, some of his boys playing cards, than his boys would use profane
language and some of his servants use the same language. I never saw any of Col N.B. Turners
family intoxicated but I have seen others so at his house but do not know that they got the spirit
there.
CROSS EXAMINED BY THE DEFENDANT.
>From the acquaintance and I am well acquainted with N. B. Turner boys. I consider them
respectable, socially, agreeably young men.
further tan this deponant sayth not
James M. Johnson
B.F. JOHNSON about 19 after being duly sworn deposith as following
I am the nephew of N. B. Turner on my mothers side and my father and Martha Simpsons father
are brothers. I was at Nelson B. Turner some two or three months since abiding there, there was
dancing going on during the evening about than was 2 games of cards going on during the
evening and night. there was no money bet in ???. I did not see any spirits liquor used during my
stay nor did I hear any profane language used during my stay at N. B. Turner house. I have heard
N.B. Turners boys use profane language at times.
EXAMINED BY THE DEFENDANT
-----------on the night of the wedding at N.B. Turner it was a vary rainy time and a good many
was compelled to stay all night on account of the creek was up..
further than this the depondant sayth not
B. F. Johnson
DEPOSITION OF MARTHA A FLOWER
Martha a. Flowers age about 30
QUESTION Are you acquainted with myself & family
ANSWER I am and have been every since I can recollect and from my acquaintance, I consider
M. turner & family, moral, honorable & respectable family of people.
QUESTION By same are you acquainted with Mr. Simpson & wife and if so how long.
ANSWER I have been acquainted with Mr. Simpson some five years and with his wife ever since
we were children
QUESTION Give what connection are you to Mrs. Simpson and the ward John Turner
ANSWER My mother and her father is own brother and sister
QUESTION By same did you live near Mr. Simpson and if so how long
ANSWER I live near Mr. Simpson about fifteen months.
QUESTION By the same are you and Mrs. Simpson vary intimate and frequently together
ANSWER We were
QUESTION I wish you to state what you may have heard Mr. & Mrs. Simpson say about the
ward John Turner going to my house & staying.
ANSWER I never heard Mr. Simpson say anything about the boy going to your house but I have
Mrs. Simpson say that frequently that Mr. Simpson were unwilling for John to go to your house
& that were the reason why she were unwilling
.
QUESTION By same from your acquaintance with Mr. Simpson do you consider him a vulgar
man in his family.
ANSWER I have heard Mr. Simpson use vulgar language that I thought vulgar
QUESTION By same please state whether you ever were at Mr. Simpsons when he were
complaining of being sick and what he said on that occasion
ANSWER Mrs. Simpson asked Mr. Simpson if he would eat something. he said he would not eat
and if they get anything in him, they could turn him up and put it in the other end. Mr. Simpson
appeared to be in a bad humor and said that he would not die in that place of torment but said he
would go up to the mille and die there
QUESTION Please state the apper? & conversation of Mrs. Simpson on that occasion
ANSWER Mrs Simpson peard to be very much mortified and cried and said that her were very
much hurt.
QUESTION Please if you herd Ms. Simpson give the reason why herself & Jon did not visit my
family
ANSWER Mrs. Simpson has told me that she has nothing against you nor your family & would
have bin glad to have visited your family but Mr. Simpson opposed to their going
QUESTION Please state what you may have heard Mrs. Simpson say about a circumstance that
happened between Jo D. Turner, Mr. Simpson & Mrs. Simpson
ANSWER Mrs Simpson told me that Jo D. Turner were at their house one Sunday evening &
walking across the floor with pantaloons on with buttons on from the ankles to the knees, Mrs.
Simpson took hold of one of the buttons near the ancle and asked him what he was doing with so
many on his pants, she said that Jo D. Turner caught her year ? it which she suppose insulted Mr.
Simpson and he than ordered Jo D. out of the house, Mrs Simpson further stated that she was
vary sorry that the occurance happen in that she meant no harm. and did not believe that Jo D.
Turner meant any either.. Mrs. Simpson further stated that she went into the woods & thought
she would have stayed there until she died.
QUESTION Please state the age of John A Turner the ward
ANSWER He was ten years old last January
QUESTION Please state so far as the education of the ward is concerned which would his
interest be best promoted with me or Mr. Simpson
ANSWER With you
QUESTION BY THE PLAINTIVE
QUESTION Have you not lived out of the county if so when were it and how long
ANSWER I moved out of the county & state in 1841 & returned in 1844
QUESTION Did you visit N. B. Turner during that time
ANSWER I did not
QUESTION By same did you ever hear my wife say that she wore unwilling to give up the raisen
of her son to any person
ANSWER I have heard Mrs. Simpson say that she wore unwilling to give up the raisen to any
person
QUESTION By same have you not herd my wife give her objections why she wore unwilling for
N.B. Turner to have the raisen of her child.
ANSWER She has stated that she was afraid that he would learn bad words and mite be killed by
the riding of horses
QUESTION By the same in the sickness as spoken of in your deposition did not request that
conversation of no food . Should no be crowded on me than that I could not talk nor
swallow
ANSWER You did
QUESTION Please state whether I was in the habit of going to the mille and staying good part of
my time when able
ANSWER You were
QUESTION Please state whether my children obey me from seveil fear ? or love
ANSWER From both
QUESTION Please state if my family is not proped from the above motive who would be ruler
ANSWER Everyone would be his own ruler
QUESTION Please state during your stay near me for the space of fifteen months if the treatment
of John were not good by the mother & family generally
ANSWER I believe they were all treated alike
QUESTION Please state if my wife were not in the habit of taking John with her to meetings
and other places
ANSWER When she took any he went
QUESTION From your acquaintance with or do you think I would consult the happiness of my
wife in promoting the interest of the child
ANSWER I dont think you would do anything to render her dissatisfied
QUESTION Please state if it should be necessary to remove the child in order for its education
would Gallatin or its neighborhood the most proper place.
ANSWER I cannot say
QUESTION Please state who should have the selection of a place for the child to bord the
mother or its uncle.
ANSWER The one best qualified
further this defendant sayth not
Martha A. Flowers
George Markman
Mr. Simpson came to my repair shop to have his wagon repaired. when I finished the wagon, we
took some liquor together. I ask him to stay all night, there was snow on the ground, he said he
would try and go home. He got upon his horse and I went with him some distance as he started
to ----. he seemed not to steady himself very well. and I returned believing he had gone home.
The next morning he came back and said he had got lost and that he had stayed at Sarver and had
lost his leggons. I went with him and we found one of them. Sarvers was not in the direction of
his home but to the contrary, the road from my shop to Simpsons is a large public road and he
would have had to turned around and gone back past the shop within 150 to 200 feet of it to go
to Sarver in the direction of Kentucky. It is some seven miles from my house to Simpsons . this
occurred 1845 or 1846. I am not certain which
George C. Markham
Lemeal Sarver
Heard someone hollowing at my gate late at night after I had gone to bed. I opened the window
and the person asked who lived there, when I informed him he ---------was at home. I went out
and found him, It was Mr. Simpson. I opened the gate and he rode the wagon into the yard and
when he got down, I was compelled to help him into the house. It was a very cold night, he
appeared to have been ---- after I got him into the house. I went out and tied up his horse after
he---- he got sick and vomited. I may have seen Mr. Simpson before but had not formed any
acquaintance with him before that, I have seen him at Markmans shop
Lemeal Sarver
Samuel C. Taylor being duly sworn and examined by Turner:
states that he was employed by (blotted) School Comm? to teach a school in 15 Dist. an on
(blotted) of the ridge in the county of Sumner in the fall of 1848, Sanford Simpson a son of Enoch
Simpson and in said District and sent a son of his to the school, John Turner, the ward of N.B.
Turner was sent over to Sanfords and came with his son to school. Nelson B. Turner came to
the school house and ask me if John was there, I told him he was. He , Turner said he was a ward
of his and he had come for him. The boy was then asked some two or three times wither he was
willing to go with him but he refused to go Turner than said it made no difference whether he
was willing or not he intended to take him, with this Sanford Simpson also was present, spoke
and said to him. that he should not take the boy that if he did, he must take him also and he might
get tired of that. It was than agreeded to them that they would take the boy to his mothers and if
she was willing for him to go, Turner would take him if Martha would ---him with her. Sanford
Simpson said that John had come over to the school with his little boy as a accomodation to him,
as his boy was smart and was afraid to go by himself, that was a free school and one of the
commissions had him consulted about John Turner going to it and had concern as I was informed
by Sanford Simpson as --------this school house is some 7 or 8 miles from Col. Turner. I suppose
Turners conversation with Sanford Simpson seem to be calm and cool and rational. Sanford
Simpson is a very good farmer for this section of the county in which he lives. The county is
poor, he has a good piece of land for that section, he has no salves. The school house was a small
log cabin and a very poor school house.
Introgation by Simpson -----
I think the neighbor hood in which I kept this school is as moral and as honest as any potion of
the county with which I am acquainted. Alto they are not rich, I believe that the general character
of Sanford Simpson is as good as any man, as straight , honest and moral man. His wife is a Aunt
of John Turner. I think that John Turner was as well advanced in education as boys usually are at
his age. he was continually at the head of his class while he went to my school. He had the
appearance and conduct of a child that had been well raised. I am well acquainted with Mr. &
Mrs. Simpson and have been frequently at their house tho not as I now recollect in the last year or
two. Their greatest charactor is good as present industries and moral people. I have never seen
Mr. Simpson treat John a miss and I believe that he thought as much of him as is usual under
similiar circumstances.
and further be saith not
S. C. Taylor
Richard E. Johnson duly sworn as followers.:
I was living at the house of James H. Turner at the time of his death and been there about four
weeks previous to his death. I am the brother in law of James H. Turner. I heard him while on
his death bed he------before his child, request his wife to raise the child in a proper manner and
see that it did not suffer for want of anything, he sent for his wife and when she came to his bed,
he made the above request to which she referred that she would do so. the child was sent for and
she started with the child but was prevented from carrying on a previous occasion. He sent for her
and made a similar request about the raising of the child , the first request was made in the
evening and the same request was at night a few minutes before he died. I have frequently been
at the house of the Simpsons and he seem to treat the child very kindly and affectionately and the
child seemed to think a good deal of Mr. Simpson. Mrs. Simpson is my sister and I married Mr.
Simpsons daughter.
Exam by deft.
At the time of the death of James H. Turner his brother, Nelson B. Turner was confined at home,
sick and could not get out to see him.
Further this sayth not
Richard E. Johnson