It contains the depositions(mid pg 19-22) that were given at the Smith Shop of William Gilliam Esq. in Murfreesboro, Rutherford County, Tennessee for the defense in the above mentioned case on Sept. 5th of 1831. While BarnaB Haley is mentioned as present at the Smith Shop during the depositions there isn't any testimony from him listed in the case papers and the sworn statement by V.D. Cowan J.P does not mention Mr. Haley as one of those giving a deposition. Comments by me are in parenthesis and I have taken some liberty in formatting to make it easier to read. The case is a 41 page file when captured in PDF format though the numbering stops on page 33 with one or two exceptions where it looks like there was an attempt to note the page numbers. An earlier blog post listing persons involved in this case can be found at 50 persons mentioned in TN State Supreme Court Case.
State of Tennessee Rutherford county
Be it remembered that in pursuance of the inclosed(sic) commission to me directed from the Circuit Court of Equity for the county aforesaid I have cause to come before me at the smith shop of William Gilliam Esquire in Murfreesborough in the county aforesaid on the 5th day of September 1831 Samuel Anglin, Absolom Vickery, Noah Putman, BarnaB Haley(refer to above note), and William C Cook all of lawful age witnesses in a certain matter of controversy in said Court descending wherein Robert Williams is complainant and William Putman and Zepheniah Anglin defendants who being first duly sworn upon the Holy evangelist of Almighty God to speak the truth the whole truth and nothing but the truth
deposed as follows
Samuel Anglin being called
Question by defendants--where you acquainted with a certain stud horse called Leopard sold by defendant Putman to Robert Williams, Plaintiff?
Answer: I was acquainted with the horse whilst he was in the possession of Zepheniah Anglin up to the time said Anglin sold him to Putman.
Question by same---Was or was not said horse a sound thrifty animal whilst said Anglin owned him
Answer: I kept the horse at my house from the expiration of the season about the first of July 1828, until said Anglin sold him to Putman in the fall or winter of the same year and during the whole of the time the horse was sound and in good health eat hardy and continued to thrive so long as I kept him.
Question by Complainant---You are the father of the defendant Anglin are you?
Answer: I expect I am.
Question by the same---When you had charge of the horse, did you examine him minutely to ascertain whether he was deficient or not
Answer: I did not examine him minutely to see whether there was any deficiency in him not suspecting any.
Question by the same--Had you a knowledge of the horse after your son parted with him to Putman?
Answer: I was not acquainted with the horse after my son parted with him and further his deponent sayeth not.
--Samuel Anglin.
Page 20
Absalom Vickery’s Deposition
Absalom Vickery was next called in question by defendants
(Question by Defendants) Were you acquainted with a certain stallion named Leopard sold by defendant Putman to Plaintiff Williams
(Answer: ) I have seen the horse before Anglin purchased him and was slitely(sic) acquainted with him whilst in the possession of Anglin but I was better acquainted with him during the time Putman owned him than I was before.
Question by the Same Did your acquaintance with said horse enable you to form a correct judgment as to his qualities or soundness and was he or not sound and free from defect whilst owned by Putman and a the time of his sale to Williams.
Answer: I was well acquainted with the horse whilst in the possession of Putman. I frequently rode the horse and am fully of the opinion the horse was sound for I never knew the health of the horse questioned till after Putman sold him to Williams.
Question by same--Did you whilst Putman owned said horse ever gallop him any distance and if so did you perceive any defect in his wind
Answer: About two or three days before Putman sold the horse I rode him about two miles from my home and on my return I galloped him about one mile but I did not discover any deficiency in his wind or action but appeared well as usual.
Question by complainant--State if you are related to the defendants
Answer: I married Mr. Putman’s sister
Question by the Same--Mr. Vickery describe the difference of the horse at the time you speak of him, his form, muscle, general appearance, and age and state if you know what Mr. Putman sold him for.
Answer: He was a large bone horse from his outward appearance I should judge him about five years old what he sold him for I know not . his colour was a dapple gray.
Test W. D. Cowan Absolem Vickery (his mark)
Noah Putman’s Deposition
Noah Putman being next called on
Question by defendants--Did you or did you not keep a certain stallion named Leopard whilst owned by your brother William the defendant and if so was he sound or not whilst in his possession.
Answer: I kept the horse about two weeks whilst my brother owned him and I believe the horse was perfectly sound and healthy.
Question by same--How long did William Putman own said horse before he sold him to Williams
Answer: about six weeks to the best of my knowledge
Question by same--Were you present when Robert Williams offered to return said horse to Putman and what was the conversation between them in relation to that matter.
Answer: I saw Mr. Williams bring the horse back in July following the (page 21)purchase in November, and proposed to recant the bargain with my brother. He, Mr. Williams stated the horse was not sound. My brothers reply was to the best of my recollection that if he had discovered him to be unsound he ought to have returned him sooner. Mr. Williams stated that he had not discovered it would injured him till about two weeks previous to the time he returned him and then it had fallen in his eyes.
Question by same--Will you describe the horse as to the size and appearance of and age while in the possession of your brother
Answer: He was a large horse and a dapple gray. I should judge him to be five or six years old
And further this deponent saith not.
Noah Putman
William C Cook's Deposition
William C Cook was next examined.
Question by defendant. Do you or not know a certain stallion named Leopard purchased by Robert Williams of William Putman and if so state whether your acquaintance with him enables you to form a correct opinion of his soundness whilst owned by Putman.
Answer: I have seen the horse before Mr. Anglin purchased him. I also saw the horse frequently whilst in the possession of Anglin and Putman both and I never recollect to have heard the health of the horse questioned until after Mr. Williams purchased him.
Question by same: Did you or not ever ride said horse after Williams purchased him and did you perceive any defect in him.
Answer: I do not recollect to have noticed any defect in the performance of said horse when I rode him after Williams purchased him. I rode the horse two or three times but I did not discover any difference.
Question by same: Were you present when Williams the plaintiffs offered to return said horse to Putman and if you were state the conversation between them.
Answer: I was present when Mr. Williams offered to return the horse. To the best of my recollection Mr. Williams proposed to Mr. Putman to give up the horse and take back the mare and the note that he had given to Mr. Putman for the horse but Mr. Putman would not consent to the proposal made by Mr. Williams. Putman's reply was why did you not bring back the horse sooner if you had discovered he was not sound. Williams reply was he thought he had better keep him til the season was out so as to make all he could as not to injure either of them.
Question by same--Did you or not perceive the horse when brought back by Williams to be very much diseased in his eyes.
Answer: His eyes looked very badly.
Question by same-- Did you ever hear Robert Williams State that he did not accuse nor did he believe that defendant Putman knew of any defect in the horse's eyes at the time he sold him to him.
Answer: I heard Mr. Williams state that he never accused Mr. Putman of having any knowledge of the deficiency in the horses eyes.
Question by complainant: When you rode the horse did you not discover a difficulty in his breathing.
Answer: If he was galloped (Page 22) or whipped he breathed harder than when he was rode moderately but that is the case with any Stallion or most of Stallions.
Question by same--Did not Leopard breathe with more difficulty than would another horse rode and whipped in the same way at the time of what you speak if such horse was not injured in his wind?
Answer: He is not able to answer that question.
Question by same--Do you stand related to either of the defendants
Answer: I am the brother-in-law of Mr. Putman
And further this deponent sayeth not.
William C Cook
This is to certify that the foregoing depositions of Samuel Anglin, Absalom Vickery, Noah Putman and William C Cook was taken before me , V.D. Cowan an acting Justice of the Peace for Rutherford County in the State of Tennessee at the place and on the day in the caption mentioned and the answers were written by me in the presence of the complainant and the defendants and both their counsels and I furthermore certify that I am not interested related or any way concerned with either of the parties given under my hand and seal September 5 1831
V. D. Cowan J. P. (Seal)
Notes:
Williams vs. Putman--TN State Supreme Court Case Middle District Ordered from TN State Library & Archives via https://supreme-court-cases.tennsos.org/ Delivery(Jan 2, 2019) via email of scanned digital images(PDF) 41 pages. (Location at TSLA Range: 33 Section: A Shelf: 2 Box Number: 375)
Location of Files Searchable---https://sos.tn.gov/products/tsla/tennessee-supreme-court-cases
Answer: I do not recollect to have noticed any defect in the performance of said horse when I rode him after Williams purchased him. I rode the horse two or three times but I did not discover any difference.
Question by same: Were you present when Williams the plaintiffs offered to return said horse to Putman and if you were state the conversation between them.
Answer: I was present when Mr. Williams offered to return the horse. To the best of my recollection Mr. Williams proposed to Mr. Putman to give up the horse and take back the mare and the note that he had given to Mr. Putman for the horse but Mr. Putman would not consent to the proposal made by Mr. Williams. Putman's reply was why did you not bring back the horse sooner if you had discovered he was not sound. Williams reply was he thought he had better keep him til the season was out so as to make all he could as not to injure either of them.
Question by same--Did you or not perceive the horse when brought back by Williams to be very much diseased in his eyes.
Answer: His eyes looked very badly.
Question by same-- Did you ever hear Robert Williams State that he did not accuse nor did he believe that defendant Putman knew of any defect in the horse's eyes at the time he sold him to him.
Answer: I heard Mr. Williams state that he never accused Mr. Putman of having any knowledge of the deficiency in the horses eyes.
Question by complainant: When you rode the horse did you not discover a difficulty in his breathing.
Answer: If he was galloped (Page 22) or whipped he breathed harder than when he was rode moderately but that is the case with any Stallion or most of Stallions.
Question by same--Did not Leopard breathe with more difficulty than would another horse rode and whipped in the same way at the time of what you speak if such horse was not injured in his wind?
Answer: He is not able to answer that question.
Question by same--Do you stand related to either of the defendants
Answer: I am the brother-in-law of Mr. Putman
And further this deponent sayeth not.
William C Cook
This is to certify that the foregoing depositions of Samuel Anglin, Absalom Vickery, Noah Putman and William C Cook was taken before me , V.D. Cowan an acting Justice of the Peace for Rutherford County in the State of Tennessee at the place and on the day in the caption mentioned and the answers were written by me in the presence of the complainant and the defendants and both their counsels and I furthermore certify that I am not interested related or any way concerned with either of the parties given under my hand and seal September 5 1831
V. D. Cowan J. P. (Seal)
Notes:
Williams vs. Putman--TN State Supreme Court Case Middle District Ordered from TN State Library & Archives via https://supreme-court-cases.tennsos.org/ Delivery(Jan 2, 2019) via email of scanned digital images(PDF) 41 pages. (Location at TSLA Range: 33 Section: A Shelf: 2 Box Number: 375)
Location of Files Searchable---https://sos.tn.gov/products/tsla/tennessee-supreme-court-cases
Source: Tennessee State Library & Archives. Tennessee Supreme Court Clerk’s Records 1810-1955, Record Group 191.TN State Supreme Court Case Middle District Range: 33 Section: A Shelf: 2 Box: 375 Robert Williams v. William Putman, et al. (41 pages).
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