The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1884-08-21
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Land sui, aud ~. Testimony.

hNI. ~, Aug IL, Ldlinr llLWAL'
An Interesting land ease was recently
decided I'm the Hunt County District
Court, wherein, considering tho lapse oi
time, the testimony is remarkable. The
land was patented to Madison Word,
aud was held by partiU, claiming unhrf
him thorough deeds executed since tho
date of his assumed death. Hence the
actual time of his death became the
controlling point in the suit brought by
William COilin as sole heir through the
death ur his wife Words duughtcrl and
his children by her. The deposition OF
John Henry Brown was taken in Dallas,
August q, lSSi, by 4. III. Bonnors, Notary
Public. The defense, apparently under
the impression that there WAS some
thing bogus in Collins pleas, intorro-
gated the witness by cross questions
and he answered as follows:
First cross intcrrOgatory. IN an
swcr to direct intrrrogntory, ilrSt, you
say you reside in Dallas county; then
state whether in the country or IN the
city of Dallas. II in the country, how
far from the city of Dallas, and on
whose place, and who are your nearest
ncighuors. Ii in the city, give the mum
Dor of V ur residence, and state the
names of six men with whom you arc
intimately acquainted; how long nave
YOU lived whore you now I'VE,
and where you lived Immediately, pre-
ucding your presnt place OF residence,
and give all the places you have resided
in Texas and the length of your resi-
dCncc ut each place.
Answcr-I have partly answered TINS IN
answering the first direct inlerroEalorN /.
For further answer, my twelve nearts
neighbors, all living from iifty 10 TWO
hundred feet of my homestead, are Nj.
Felix Hermann, Mr.. tlcmenson, MIR. u.
T.. Howard, Mr.. Langton, MIR Arthur
Coffin, DIR. l.. l.. Thomson, Mr.. Thomas
Il. Mitchell, nr. &. L.. Keller, Col. John
VI. Stemmons, Mr.. William Bolsterling,
Mr.. II. X. Gibson, and Rev. nr. \. T..
smith. have lived in my present resi-
dence since April, 1873, ana IN i'aiias
fore locating here, was about four
months in indianola, after residence
in Mexico of about five years, and near
Nv wear in tour of the Northern anu
Western States. In my youth ana early
manhood. liv Il about twenty years,
more or less, witt my mother anu other
Kindred, in lie Contiguous countiesr n
now existing. II jackson, Calhoun, We
toria and Lavaca, covering. my resi-
dence III the towns OF victoria ana IN
danola, and also repeated service on the
Mexican and Indian frontier and two
visits to the States. From lS53-i
To 1858, lived in Galveston; from April,
1858, to January 1868, in Bolton; thence
until MAY 1896 (including nearly four
wears military sorvico), in Auslin; fol
lowed, as stated, by five years in Mex
leo.
Second cross interrogatory-1f, in an
swer to the second direct interrogatory,
YOU say YOU were acquainted with Mad
ison Word, state whore you first knew
him, and where he lived at the time; and
state the names of at least two other
persons, who lived in the same commu-
nifty who are now living and their pres
ent place of residence; and state If you
were acquainted with James n. Burke,
County Clerk of Goliad county, and III.
n. Smith his deputy in 1852; and whether
County Clerk of Calhoun county III Is,
and ii so, what was his name? Wer"
YOU acquainted with - Wilson in
1852, if so, where did he reside?
Answer have already stated where
| first knew Madison Word Cat my moth
ers house in 1870. For further answer,
Mr.. Richard ID. Martin and his wife,
Jane, then the wife of Mr.. William {.
Perrin, then lived in Gonzales, having
own, Words and other families III one
company. Richard ID. Martin and his
wife now live in East Dallas, about one
mile from my house, in Dal-
las proper. For further answer
/ was acquainted, but not intimately,
with James A.Burkc, at one time County
Clerk ofGoliad county, from 1917 to about
1851 and '52, but do not remember the
date of his clerkship. My recollection is
not from the latter date, but it may have
been later. ! do not remember ii. \.
smith, his deputy, but was never in
GOliad. The County Clerk of Calhoun
county, from at least 1873, possibly from
1916 till as late as 1853, was William
p. Milby, with whom | was long init.
mately acquainted, and who died year
or two ago. For further answer, | can
not tell to what Wilson you refer as S.
sailor, is the only one | now recall as
resident about Indianola at that day.
Third cross nterrogation-State how
Won came to remember the year OF Madi-
son Words death, if you hay o answered
Won know the year. Have you any
documents or memoranda by which you
refresh your memory, then attach cop
les of tile same? Ifyou propose to state
the cause and circumstances OF Madison
Word : death, then state NJ what place he
died and i'm whose house, ifin house,and
who was present at his death and where
said PARTIES now reside. State where he
was buried, and who was pr sent nj
his burial and where said parties now
reside. State when you last saw any OF
the persons who were present at the
time of the death If Madison Word, and
where you saw them?
AnsWer.-I remember Words death
and it's date, March 10, ls49, as remem-
her other facts deeply impressed on my
mind, because I helped to nurse him.
His wife and her brother, Mr.. Perrin,
we're present or on the premises When
each died, and assisted at the burial of
each. as did also Mr.. Richard d. Martin,
ali happening in five or six days in a
town of about 1000 or LOO Germans,
mostly new immigrants, and not more
than from eight to twelve American
nne of sound mind could forget such
nainful and unusual occurrences. |
lave stated that he died in PERKINS,
house in Indianola, and the circum-
stances, but l cannot recall all who
we're nresent when he and Mr.. Perrin
Iied. Some, like myself, were in and
mt very often. But of those who were |
n the house and saw MIR. Word die, or
saw his corps, AFTER deatn, l. can haine
Richard u. Martin and Jane, his vie,
hen Mrs. Perrin, Mrs. Rebecca Muir
lock. daughter of Mr.. Martin,
Irs Emiiine Finn and Mrs.
Martha Hoyt, both daughters OF
Ir. and Mrs Perrin, besides Mrs. Liz
.io Coffin, another daughter, who was
m infant at the time, who, with myself,
nakn eight, all now living in Dallas,
,, nv me in part or in whole, daily,
nd ali seen by me this day, excepting
Jrs Hoyt. and saw her three days
60 ata 7 conrccall but three other living
,srsons who could so testify to the death
- NJ word. to-witt: Mrs. NJ rga
tam; \ nm Of De Witt county, Mrs, Pvbus, of
4 atagorda county, and Mr.: WIN. T.
u55ph'ss, 9f p and need to es
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