Chasing Cook Clues

Friday afternoon I was fortunate enough to attend the first webinar in Legacy Family Tree Webinar's "The Best of ESM" series.  Armed with the inspiration from that session, I planned to devote this weekend to reviewing documents of my brick wall 2nd Great Grandfather, William C Cook.

The first thing on my agenda was to revisit the microfilmed images which are at Ancestry & FamilySearch of the folder marked "Joseph S Cook  1840" which is part of the Probate files in the Williamson Co TN Archives.  I reviewed them by writing the image number(and the annotated number on some) on index cards with descriptions of content.  I've written several blog posts explaining the contents of this folder.  Essentially the folder is a combination of the probate files of two men named Joseph Cook who died between the time period of 1838 and 1840.  When the files were placed in the archives( in the 1980s according to the archivist) they were organized into folders and inadvertently they combined these two men named Joseph Cook.  No one noticed this, or if they did they never pointed this out. Fast-forward to November 19th 1997 when The Genealogical Society of Utah microfilmed those folders and their contents exactly as they were.  If you have ever used this collection, you know that there are index cards of the folders contents.  I've asked my contact at the Williamson Co TN archives if they knew when those index cards were made she said no one seems to know for sure.  Since the card for the Joseph Cook folder lists the combined records I believe it was some time in the 1980s in an effort to catalog the files.  We know it was prior to them being microfilmed as those index cards are part of the microfilm.

The above image file is one I made using the microfilmed image of the cards & the information added by me which distinguishes between the two men.  I have corresponded with the archives and they have made a note about the files and their contents at my request.

The Joseph S Cook who died intestate is the one over which my 2nd Great Grandfather Wm C Cook was appointed administrator.   The letter of admin is recorded Williamson Co TN Letters of Administrators Vol 1 page 16 and was microfilmed within the Williamson Co TN records(as Letters of administrators,v.1-2 1838-1878) by the Tennessee State Library and Archives in 1966 and digitized by FamilySearch at https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9Y5-XZLX?cat=235347  

The original estate sale list of Joseph S Cook is in the file folder mentioned above that was microfilmed by the Genealogical Society of Utah and is online at FamilySearch at https://www.familysearch.org/ark:/61903/3:1:9392-2JS9-TP?i=875

If you flip to view the previous image from the above link, you can see the microfilmed back portion of that document.  

The book version of the estate sale was copied into Williamson Co Tennessee Will Book Vol 6 page 31 and microfilmed in that TSLA project of 1966 on the roll that contains Will books, v. 6-7 1835-1842.  The digitized version is online on FamilySearch at https://www.familysearch.org/ark:/61903/3:1:33SQ-2BQ1-9?i=18

I did a comparison of the listing of purchasers and items and found no differences accept for a few spelling issues.

Some observations:  

There are no beds only horse tack, mare, cotton, a Bible, book, two hats and an overcoat.  That to me sounds like someone who is elderly and living within the home of someone else(children, in laws, boarding.)  His wife may have died years earlier or they may have separated(not uncommon in my family even in early times) At the least I feel it's someone who is not married regardless of their age.

I don't know why, but for some reason when I read Jonathan Vickery(sp) I have always just thought Absalom Vickery(which is Wm C Cook's brother in law)  I knew this was a different person but I just wrote him off as being an in-law. Part of my decision with this review process was to not bring in my previous notes in order to have a fresh perspective.  I think this worked well as while I remembered that Jonathan had married a Smith lady, I didn't remember ever having looked for him in the 1840 US Federal Census.  That census would be a representation of life about a year and a bit after this estate sale.   I found Jonathan Vickery in 1840 Bedford Co. TN. Not surprisingly, he is in an area in which I am familiar surrounded by others who made purchases at the estate sale.  Another reason this page and people look familiar to me is because I studied it while I was studying Zephaniah Anglin.  I believe this area is District 10  of Bedford Co TN because there are Bylars (Nancy & James) which are known to have lived in the Rover area as well as Simpsons  

Anglin was a defendant along with Wm Putman in  Williams vs. Putman, a  Tennessee State Supreme Court Case for which my William C Cook had given testimony.  The testimony covered events in the time period of about 1829 to 1831. So William C Cook should have been in a household somewhere in that area in 1830.  He is married in Williamson Co TN in Sept of 1831(his Putman bride lived in Williamson Co) 

Examining the 1830 US Federal Census for Bedford Co TN in the area where Zephaniah Anglin was enumerated shows households of Harrisons and one Cook household headed by Elizabeth Cook near him(page 83)  It is possible that Wm C Cook is one of the Age 15-20 males within her household.  There is a Joseph Cook(no middle initial) on page 85 but that Joseph doesn't have any males that would be Wm C Cook's age within his household.  If this is THE Joseph S Cook then that Joseph would have been in anywhere from 28 to 38 years old  at the time of his death putting him more in the range to be Wm C Cook's brother rather than his father.  So what becomes of the younger son & daughter and the two teen females if he is the one who dies in 1838?  It's more likely that the Elizabeth Cook is the widowed mother of Wm C Cook.  If so, to which Cook was Elizabeth married?  No proof but a potential theory.  One of many but it is good to have more than one theory because there are many possibilities and nothing is for certain at this point. 

Still lots to do studying Williamson County TN District 25 community where we know both Wm C Cook and Joseph Cook were in 1838.  The 2 previous years Wm was in District 10 of Bedford Co TN. Joseph was in District 25 during the 2 years prior to 1838. There are likely clues buried within the documents of neighboring families.  Now to find them.  

Sources:

"United States Census, 1840," database with images, FamilySearch (https://familysearch.org/ark:/61903/3:1:33SQ-GYTB-9GR6?cc=1786457&wc=31SJ-161%3A1588669927%2C1588669780%2C1588665902 : 24 August 2015), Tennessee > Bedford > Not Stated > image 96 of 228; citing NARA microfilm publication M704, (Washington D.C.: National Archives and Records Administration, n.d.).

"United States Census, 1830," database with images, FamilySearch (https://familysearch.org/ark:/61903/3:1:33SQ-GYY2-SVHP?cc=1803958&wc=35YH-ZJ6%3A1588478503%2C1588478502%2C1588469601 : 14 August 2015), Tennessee > Bedford > Not Stated > image 167 of 282; citing NARA microfilm publication M19, (Washington D.C.: National Archives and Records Administration, n.d.).

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)

At a Smith Shop in Murfreesboro on Sept 5th 1831

The following is from the TN State Supreme Court Case(Middle District) of Robert Williams v. William Putman, et al. Filed Feb 24th 1835. Available at TN State Library & Archives(Nashville, TN) on site or thru PDF document purchase via the archives website with option of delivery via email or a printed copy(see end notes)

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 

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).

Neighbors near Zepheniah Anglin--1840 Bedford Co. TN Census

A listing of the names near Zephaniah Anglin from the 1840 Bedford County Census. He along with William Putman was involved in a State Supreme Court case which included a deposition by my 2nd Great Grandfather(William Clifford Cook) and several other persons of interest in my family research.   As always please check the images as this is simply a listing of the persons as I see them listed.  There may be mistakes.  I am human ☺️

1840 Bedford Co TN census
Pg 43
John McFarland
William Brown
John Dickson
John Morrison
William Pounds
William Rucker
John A Chambers
John Maxwell
William Hooper
Kenedy Almon
John Norman
Robert Allison jun
William Thomas
Mary Davis
John A Moore
Stephen E Hale
Lewis Weatherford
Enoch Rushing
James Underwood
Lewis Heath
Rutha Pinkerton
Stephen Hargrove
Elizabeth Davis
James Merchant
Mansfield Whitehead
Owen C Briant
Alfred Ransom
David O Briant
Lucinda Robertson
Crawford Carlton
Saml Wheeler


Pg 44
Jesse Wheeler
William Taylor
Oliver Bullock
Pious Ward
Hardy Pope
Joseph Hoit(Hight)
Ezekial Ward
Solomon Pope
William C Ward
Thomas Carlton
Burrel Ward
Absalom Stockard
R.F. P Jones
Andrew Vickory
Margarett Vickory
Jonathan Vickory
John Ray
Allen Cooper
James Smith
John Scott
William Elmore
Thomas Wilson
Saml Daughtery
Esther Lamb
Sarah Cooper
James Mankins
Hugh Sherwood
Merrett Corbett
Jeremiah Phillips
Zephaniah Anglin
Willis Lamb

pg. 45

Joshua Sutton

Joseph Sutton

Thomas B Carlton

Nancy Boiler(These are likely Bylers)

James Boiler  "

1840 U.S. Federal Census, Bedford County, Tennessee, population schedule, pg 43-44; imaged at Ancestry (https://search.ancestry.com/search/db.aspx?dbid=8057: accessed 20 January 2019); citing National Archives microfilm publication M704-519.

Neighbors near Zepheniah Anglin--1830 Bedford Co. TN Census

A listing of the names near Zepheniah Anglin from the 1830 Bedford County Census. He along with William Putman was involved in a TN State Supreme Court case which included a deposition by my 2nd Great Grandfather(William Clifford Cook) and several other persons of interest in my family research.   As always please check the images as this is simply a listing of the persons as I see them listed.  There may be mistakes.  I am human ☺️ 

1830 Bedford Co TN
Adjacent to Pg 82 (stamped)
Image 161 of 264(at Ancestry)
Abraham Landers
B Wade
John Haskins
Thomas Pearson
Wm Straton
Michael Pitman
Wm Harrison
John Harrison
Joel Kimmons?
Thos Callen
Charles Fain
Henry Bottz
Daniel McKissick
George Fulmore
Susannah Landes
A C Sublett
John Jackson
John Hendley
Wm Pinkerton
Nancy Cox
Wm Batts
Caleb Cox
Joseph Rushing
Wm Taylor
Wiley Marchant
Eve Philips
Daniel  Dwiggins

Adjacent to Pg 83(stamped)
Image 163 of 264(at Ancestry)
John Deason
Thos McLain
George McClain
Jefferson West
E.C. Harrison
Wm. Harrison
Elizabeth Cook
Wm Harrison
F Battz
Richard Webb
Zephaniah Anglin
Wm Wade
Moody Whitt?
Dempsey Sutton
Wm Sutton
Alexander Sutton
Richard Smith
Enoch Williams
Thornton Mallard
Peggy Edwards
Benj. Dunn
Hugh Smotherman
Benjamin Allen
John Dunn
Samuel Smotherman
D Lamb
J Lamb

1830 U.S. Federal Census, Bedford County, Tennessee, population schedule, pg 82-83; imaged at Ancestry (https://search.ancestry.com/search/db.aspx?dbid=8058: accessed 20 January 2019); citing National Archives microfilm publication M19 roll 174.