Green Co., Ky Circuit Case #1505 30 July 1884
James A. Howell, Admr of Silas DeSpain vs. DeSpain Heirs
Silas DeSpain died May 1, 1858 in Green Co., Ky. He left the following children:
1. Elizabeth Jones married Milton J. Jones, died during suit, by 1887
2. William DeSpain
3. Mary F. Skaggs married William M. Skaggs
4. Nancy J. Thompson married James F. Thompson, died during suit, by 1887
5. Jessee H. DeSpain, between age 14-21
6. James H. DeSpain, between age 14-21
Silas owned 190 acres on Brush Creek.
Deed: 20 November, 1854
Benjamin Owens, John Y. Owens, Wm. A. Newman and wife, Margaret, Wm. E. Cunningham and wife, Sarah, Albert G. Williams and wife, Eleanor, Jesse Vineyard and wife, Mary, John Vineyard and wife, Nancy, Bennett Abell and wife, Elizabeth, John H. Harper and wife, Frances, Ambrose Owens, Anne Owens, Henry C. Owens, Laura Owens, Mary North, John F. Mense and wife, Sarah, Isaac L. Berry and wife Harriet, Amanda Owens, James Owens, Sarah Cowherd, Mary Cowherd, and Colby Cowherd, children and grandchildren of Nathaniel Owens, deceased, by S. A. Spencer and Robert Marshall, Commissioner to Silas DeSpain--(Green Co. Circuit, Nov. 1854, land sold to DeSpain in Owens lifetime but not conveyed)--Brush Crk--173 acres--$519--Lee's Ferry Rd-southside of Louisville Rd--Bloyd--. William Jones holds a note on James A. Howell, administrator of Silas DeSpain for $200, dated May 5, 1852.
May 29, 1860:
Richard Vance states he has seen the note both before and after DeSpain's death in the possession of William Jones. Vance lived with DeSpain as a clerk. About three months before DeSpain's death, Vance was going through accounts to see which ones to collect and they came to Jones' account. Despain said to let that alone. He said Vance could not settle because there were accounts between them and he also owed Jones a note. At another time, he mentioned old man Jones having a note against him. He saw the note once or twice before DeSpain died and saw it in Jones' hands. Edward A. Jones says that William Jones is his father. He knows his father had this note in 1858, because his father gave him the note to collect on April 16 to pay a debt in Louisville, but DeSpain was sick, so he didn't speak of it and afterwards gave it back to his father.
Susan DeSpain says she is daughter of Williams Jones and widow of Silas Despain. In May, 1852, she was visiting at New Albany, Indiana. She was then unmarried. S. DeSpain and her brother, A. M. Jones ("Cook") went there to take her home. Mr. DeSpain told her that he had come by her father's and borrowed $200 and paid some debts he owed in Louisville. They were married the following July about three weeks before he died, Silas put a note in her father's hands for $140. The night before he died, her husband spoke to her father an said, old man, we ought to settle.
A. M. Jones states that he is the son of William Jones and was present when Silas made the note. It was for borrowed money. DeSpain went immediately to Louisville to pay off some debts for goods. He had conversation with Silas in winter, 1857, and DeSpain told him the note was still unpaid, before A. M. went to Kansas. After DeSpain's death, his father and himself went to James A. Howell's who was administrator and tried to settle the accounts that were about equal, but didn't settle. My father then presented the notes.
September 4, 1860:
James Edwards states that he had a conversation with James F. Thompson sometime after the death of Silas Despain and heard Thompson say that William Jones had stated that he (Jones) had a note on Silas Despain for $200, but he (Thompson) did not believe that Jones had anysuch note and if he did, it was forgery. Edward went with Jones to Mr. McCorkle, the Master Commissioner to make the above statement.
Depo. of William F. Warren (4 September, 1860)
He states that a short time after the death of Silas DeSpain, he was riding home in company with James F. Thompson, a son-in-law of Silas DeSpain, deceased. I asked Thompson if he thought DeSpain's estate would pay his debts. He said there would be something left. Warren asked him if he knew about Uncle Billy. Jones had a note on Despain of $200, and he said he did not believe any note existed. I then told him there was such a note because I had seen it and it had DeSpain's signature because I knew Despain's writing. Thompson said if there was such a note, it was paid off.
Depo. of William Jones (4 September, 1860)
I have conversed with James Edwards and William F. Warren and their statements contradict the depositions of James F. Thompson. The Master Commissioner refused to hear the statements.
Thomas J. Town states that he was at work at William Jones in February or March, 1858. Silas DeSpain and James A. Howell came there to see James Jones' wife, who was sick there. About the time they were ready to start home, he heard William Jones tell DSpain he wanted him to let him have some money to pay a call on a bank. DeSpain said he couldn't, but he would let him have a note on Fielding Vaughn. William Jones told him he wanted the money on that note. After DeSpain and Howell were gone, Jones showed the $200 note to Town. It was written in a book.
C. C. Morris states that at DeSpain's place, after DeSpain's death, he had a conversation with William Jones. Jones was regretting the death of Silas. He said his papers and books were in such a situation that his estate would lose smartly. Silas was neglectful. He said he could swindle the estate if he had a mind to, but he wouldn't do it. Despain died the last of April or first of May, 1858 and was the son-in-law of Jones. Wm Jones spoke of a $200 note that would not be morethan $5 or $6 due on it. Morris knows that Silas was careless. Morris and DeSpain were at one time unfriendly but that was before Morris was riding as constable. Since then, they became friendly.
A. M. Jones was recalled. He said he was at home when DeSpain died on May 1, 1858 and his father, William Jones, left home on Monday, May 3, 1858 and went to New Albany, Indiana in company with a brother of A. M. and was gone two to four weeks. His father didn't return to DeSpain's until after he returned from New Albany. He says his father was at DeSpain's when he died on Saturday, May 1, 1858. A. M. planted corn that day and went to the burying of DeSpain on Sunday and probably went to the Liberty church that day and returned home that evening and went to planting corn on Monday. Howell did not say he had been informed then note was paid off.
James L. Jones states that he was present in November, 1859 when his father, William Jones, paid C. C. Morris as constable a couple of executions. Edward A. Jones, the son of William, says he went to Indiana and stayed two weeks after Silas died.
Harrison Jones states that on May 3, 1858, he was on the Louisville cars coming to see DSpain. He saw William Jones and Edward on the down train and learned that DeSpain had died. He came to his father's and stayed seven days. He then returned to New Albany to see his father. Harrison lived in New Albany, and met his father at Boston where the trains meet. James F. Thompson states that he married a daughter of Silas DeSpain. They have conveyed their interest in the estate to William Despain. He says that Silas died at 4:00 AM on May 1, 1858. Silas wanted William to make a settlement, but William was crying and didn't think he would. After Jones returned to Indiana where he lived, they discussed the debts. William Jones said the note was for borrowed money and he wanted gold and silver for it. About two weeks before Silas took sick, my father told Despain he wanted to collect the money from him. He didn't have it but would try and get it. He even went to Billy Warren's where DeSpain was working and tried to get it, but didn't. Silas never recovered from the sickness. The time he and DeSpain returned from February court is the last time he saw DeSpain alive. Wm Jones said that Silas had sent for him to have a settlement. Wm had a $200 note on Silas & it was paid off except $5- He did not expect to pester the heirs about that. He said he could make the estate pay the whole of it but he did not intend to because he thought a heap of Silas' children.
February 26, 1861:
Statement of J. M. S. McCorkle, Master Commissioner:
James F. Thompson was introduced. Samuel A. Spencer was in attendance as attorney for James A. Howell, as administrator of Despain, who questioned Thompson. William H. Chelf was also present as attorney for the plaintiff William Jones and cross examined Thompson. After Thompson's evidence was taken, Mr. Jones asked the Master Commissioner to swear Edwards. Then Master Commissioner asked him what he expected to proved by Edwards. Jones said he expected to prove by him that the witness Thompson had told him (Edwards) that if Jones had a note on DeSpain it was a fictitious one. The master commissioner remarked to Jones that he did not wish to dictate to him what witness to introduce, but he did not think that even if he proved that by the witness that it would elude the point in issue which was whether the note was paid off, though he would examine him if he wished it. Mr. Chelf remarked that before over to the master commissioner office, he did not think Edward's settlement would be evidence and he thought the master commissioner would no admit it. The master Commissioner told Chelf he would still examine Edwards if he thought it necessary and Chelf said it was not and withdrew him. Warren was not present at any time and never offered as a witness.
James A. Howell states that he has no personal interest in the suit. He is the administrator of Silas DeSpain. William Jones came to him and read over to him the accounts of Silas DeSpain against Jones, amounting to $224.42 and he said he would settle for it all. He thought his wife had paid for the big coat which was charged at $8.00. A. M. Jones, usually called "Cook" Jones, a son of William Jones, was present. Jones demanded payment of the note. My recollection is that something was due on Spain's account after taking off of it the amount of Jones' account and Jones offered to let that go as a credit on the note, but can't say how much it would cost. No demand was ever made for payment on the note.
William B. Allen state he is the attorney who brought the suit. After the affidavit was made on the note, he presented it to James A. Howell, Administrator of Silas Despain, before the suit was brought and Howell refused to pay it. He thought he had filed it with Jones reply, but didn't find it.
Report on debts given by C. C. Morris:
Two debts on Mitchel Warren for $3.60
P. C. Warren $2.20, insolvent
James Akin, insolvent
Wm Buckner is dead and insolvent
Milton Jones moved away and is insolvent
Judgment: The debts of the estate came to $1320.33. It was adjudged to sell the land to sell the debts.
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