Carson v. Smith transcriptions, 1854–1857

1854

18540227_Complaint_L_Carson-1

To Greenbury Smith Administrator of David Carson Deceased Sir Take notice that I shall present to the Probate Court of the County in & for of Benton appointed to be held in & for said county at Corvallis on the second Monday of March next for allowance the damages which I have sustained in consequence of the non performance of the following personal contract made & entered into by & between the said David Carson during his life time and myself and also the annexed account, which said contract5 is in substances as follows, and said account is in the words and figures following to wit: Sometime in the months of May or June in the Year AD 1845 David Carson since deceased while on the road from the state of Missouri to the territory of Oregon and after he had passed the state line of the said state of Missouri stipulated & agreed to & with me that in consideration that I would live with & work for the said David Carson for and during the term of his natural life that at his decease he would make me his sole heir or that he would give me his entire property which should own or be possessed of at the time of his said decease, that in

18540227_Complaint_L_Carson-2

pursuance of said contract I continued to live with & work for the said David until the time of his decease, but the said David not regarding his said contract neglected to make me heir to his entire property or to give me the same or any part thereof either by will or otherwise wherefore I have sustained great damage to wit five thousand dollars, which I shall ask for and insist that the same be allowed at said term of court.

Damages on contract $5000.00 To 7 years 5 months labor at $400500.00 per year 3750.00

“ 29 head of Cattle at $50.00 per head 1450.00 “ the use of 10 cows 7 years 1000.00 when & where you may attend if you think proper

18540228_Notice_Smith

Given under my hand this 27th day of February AD 1854 Lutershia Carson Pr A. J. Thayer Lewticia Carson Atty Filed March the 18 AD 1854 Luteshia Carson vs Greenbury Smith Administrator of David Carson deceased

Notice

Served on Greenbury Smith by reading and Copy 3 files $7[?] Reading 1.00 Mileage 3.00 Served Fer. 28th 1854

18540300_Kelsay_Statement-1 Territory of Oregon Benton County Greenbury Smith Administrator of the In the District court of Benton County Estate of David Carson Oregon Territory Deceased March Term A.D. 1854 Ats Lutenshia Carson

And the said defendant by John Kelsay his attorney comes and refutes the damages and injury, when etc and says that the said declaration is not entitled of any court, neither does it appear by the said declaration in what court the action said action is brought, and also for that it doth not appear in and by the said declaration who the plaintiff is in said suit, and also for that it doth not appear in and by said declaration that the several causes of action in said declaration mentioned arose in the said county of Benton, neither

18540300_Kelsay_Statement-2

doth it appear in and by said declaration that the said several causes of action in said declaration mentioned arose within the jurisdiction of said Probate Court, and also for that as there is no venue or place alleged in or by the second count in said declaration where the said Lutensha Carson done and performed the said seven years labour in the said second count mentioned in the said declaration mentioned, neither doth it appear in or by said second count by whom the said servaces seven years labour was performed. And also for that it doth not appear in or by the said second count at what time the said seven years labour was done either doth it appear by said second count when said labour was done nor by whom said labour was done, neither doth it appear in or by said second count

18540300_Kelsay_Statement-3

for whom said labour was done nor when the said defendant was deceased was indebted to the said Lutisha nor when said indebted ness accrued, nor when nor where the said administrator was indebted to the said Lutertia Lutersha Carson and for that the said last mentioned counts are uncertain and obscure – And also for that the third count in said declaration as there is no venue or place by the said third count in said declaration when the said deceased got the said twenty nine head of cattle in said count mentioned neither doth it appear in and by the said declaration count that the said cattle was ever the property of the said Lutersa Lutersha neither doth it appear in and by said third count at what time the said deceased got said twenty nine head of cattle or any part thereof from the said

18540300_Kelsay_Statement-4

Lutersha Carson, neither doth it appear from in and by the said third count that the said deceased was in debt to the said Lutersha for the said twenty nine head of cattle or any part thereof nor at what time neither doth it appear in and by the said third county that the said twenty nine head of cattle ever did belong to the said Lutersha Carson, neither doth it appear in or by the said third count at what time the said deceased ?? to the said Lutersha Carson for said cattle neither doth it appear in or by said third count at what time the said administrator as such was indebted to said Lutisha in the said neither doth it appear in or by said third count that the said administrator is indebted to the said Lutersha for the said twenty nine head of cattle or any part thereof – and for that

18540300_Kelsay_Statement-5

Neither doth if appear For that as there is no venue or place in or by the said third count wherein alleged when the said administrator was indebted to the said Lutensha Carson, neither doth it appear at wahot what time or by said administrator third count the said administrator as such was indebted to the said Lutensha, neither doth it appear in and by said third count that the said administrator as such is or was indebted to the said Lutensha—And for that the said Lutensha has laid no proper venue in the said third count and for the also that there was divers blanks and void spaces which make said third count the sense thereof uncertain and obscure And for that ? not appear the fourth count in the said declaration mentioned

18540300_Kelsay_Statement-6

and for that as there is no venue or place alleged in or by the fourth count in said declaration where the said deceased or the said administrator of the estate of said deceased was indebted to the said Lutersha Carson the said thousand dollars for the use of ten cows for seven years, neither doth it appear from the said fourth count that the deceased nor the said administrator of the estate of said deceased ever was indebted to the said Lutersha Carson any part of the said sum mentioned in the said mention fourth count, neither doth it ? for that the said Lutersha has not laid any proper venue neither doth it appear at what time the said deceased and the said administrator was indebted to the said Lutersha Carson -- And for that as the

18540300_Kelsay_Statement-7

said Lutersha Carson has laid no proper venue in the said fourth count and is in other respects uncertain and obscure And this he is ready to verify, wherefore by reason of the insufficiency of the several counts in said declaration in this behalf of the said defendant prayes Judgement. Greenbury Smith Administrator of the estate of David Carson deceased by John Kelsay his Atty

18540301_Subpoena_A_Carson

Territory of Oregon Benton County SS

To Andrew Carson in the name of the United States of America you are here by required to appear before me Judge of Probate Court in said county at my office therein on the 18 day of March 1854 at 10 of the Clock AM of said day to testify in a suit where-in Lucretia Carson is plaintiff and Green Bery Smith administrator of the estate of David Carson Deceased is defendant on the part of the defendant Giving under my hand this the first day of March 1854 A N Locke Judge of Probate

18540301_Subpoena D_Carson_et_al

Territory of Oregon Benton County SS

To David Carson Francis Writsman Alfred Writsman Joseph Hugard John Wiley in the name of the United States of American you are here by required to appear before me Judge of the Probate Court at Corvallis in said county at my office therein on the 15 day of March 1854 at ten of the clock AM of said day to testify in a suit wherein Lucretia Carson is plaintiff and Greenbury Smith administrator of the estate of David is defendent on the part of the defendent. Giving under my hand this the first day of March 1854

A N Locke Judge of Probate

18540306_Subpoena_D_Carson_Bill

Supponey for David Carson Francis Writsman Alfred Writsman Joseph Hughart John Wiles

Received Mar. 1st 1854

Served David Carson and Joseph Huggart by Copy Mar. 6th 1.50 -----Alfred Writsman by reading Mar 6 1.50

Francis Writsman by reading Mar 6 .50

John Wiles by reading Mar 6 .50 Mileage ----------- 2.40

Wm Jackson Depty Shff Of Benton County

18540307_Subpoena_Knighton_Walker

Territory of Oregon Benton county SS To Henry M Knighton Henry W Walker William H Walker

In the name of the United States of America You are hereby required to appear before me Judge of the Probate court for said county at my office in the town of Corvallis in said county on the second Monday of March inst at 10 oclock AM of said day to testify in a suit wherein Luticia Carson is plaintiff & Greenbury Smith administrator of the Estate of David Carson deceased defendant on the part of the plaintiff.

Given under my hand this 7th day of March AD 1854 A N Locke Judge of Probate

18540313_Billing_Jackson

Henry W. Knighton Not found in County

Mileage $1.00

Wm H Walker not found in county

W. Jackson

Mar 13th 1854 Dpty Shff Benton County

18540313_Statement_L_Carson-1

Oregon Territory Benton County SS Probate Court for said County Lutishia Carson March Term AD 1854 vs Greenbury Smith administor of the astate of David Carson deceased

Andrew J. Thayer of said county being duly sworn deposes & says that he is atty for the plff in the above entitled action that he is informed by said plff that Henry W Knighton is a material witness for said plff on the trial of said action that deponent has in his possession two letters purporting to have been written by the said Knighton wherein the said Knighton states that sometime during the fore part of the year AD 1845 he the said Knighton sold a cow to David Carson deceased that the said David informed him the said Knighton that he was purchasing said cow for said plff & with her money, and deponent further says that his able to prove by William Walker the other witness now absent from said county that the 29 head of cattle originated from said cow and deponent furthers says that he is not able to prove said facts by any other witnesses, as deponin is informed deponent further says that said witnesses are material for said plff on said trial, deponent further says

18540313_Statement_L_Carson-2

not.

Subscribed & sworn A.J. Thayer To before me this 13th day of March AD 1853

Sworn before me Judge of Probate this 15 day of March 1854 A N Locke Judge of Probate

A J Thayer Affidavit Filed March 13 1854 A N Locke Judge of Probate

18540313_Subpoena_A_Carson_Bill

Suponey for Andrew Carson Not found in the County Mileage $1.00 Wm Jackson Dpt Shff Benton County Service $1.00 March 13th 1854

18540327_Walker_Deposition

Oregon Territory Probate for Benton County said County In the matter of Lutisha Carson vs Greenbury Smith Administrator of The Estate of David To John Kelsey [sic]

Carson Deceased Agent or Attorney for said Defendant

Sir take notice that I shall take my depposition of William H Walker a witness in the above entitled action before D W Russell a justice of the Peace for said county on the 27th day of March AD 1854 at 3 oclock PM at his office in said town.

Yours etc Lutisha Carson per A J Thayer her atty

18540327_Walker_Deposition_Bill

Received Mar 27th 1854

Personally Served By delivering a copy March 27th 1854

Service --- $2.00

Wm Jackson Dpty Shff Benton Co

18540717_L_Carson_Labor_Bill

David Carson &r To Lutishia Carson To

Seven years & six months labor done & performed for the said David Carson between the 1st day of May AD 1845 and the 1st day of March AD 1853, at $200.00 per year making in all $1500.00.

David Carson &r by board & clothing for children ? during a part of the above mentioned time, whole amount $ 500.00 Leaving now due the said Lutishia Carson over and above all setoffs $1000.00 Dated Corvallis July 12th AD 1854.

Oregon Territory Benton County

Lutishia Carson being duly sworn deposes & says that the above claim of one thousand dollars is justly due deponent, that no payments have been made thereon, and that there are no offsets to the same to the knowledge of Deponent, and further deponent says not.

Subscribed & sworn to before me in said County this 17th day of july AD 1854. her Lutishia X Carson Mark D. W. Russell JP

18540731_Label_GB_Smith_Refusal

I hereby refuse to Allow the within Claim or demand Dated July 31st 1854 Green B Smith Bill of ? Filed Oct 10th 1854 Jas H Slater Clerk

18540900_Request_Subpoena_Read_et_al

Oregon Territory In the District Court of the United States of America Benton County in & for said county Luteshia Carson plff Oct Term AD 1854 vs Green B Smith administrator Of the estate of David Carson deceased Deft To the Clerk of the District Court in & for said County Sir please

To issue a subpoena for the following named witnesses in the above entitled action on the part of the plff To Wit Thomas Reed David Davis, Jehial Kendall, Joseph Huggard & Archimedes Stewart and hand the subpoena to the Sheriff of your county

Yours truly A J Thayer Plffs atty

18540922_L_Carson_Complaint

To Territory of Oregon In the District Courts Benton County of the United States Lutishia Carson plff in & for said county vs Oct term AD 1854 Green B Smith Administrator of the Estate Of David Carson deceased Deft

Lutishia Carson plff in the above entitled action by AJ Thayer her atty Complains of the Deft Green B Smith Administrator of the Estate of David Carson deceased for that whereas the said plaintiff worked labored & performed services for the said David Carson during his life time & at his special instances & request for the term of seven years & six months in the county of Benton territory of Oregon and also on the road while crossing the plains between the State of Missouri & said Territory, which said work labor & services were done & performed between the 1st day of May in the year AD 1845 and the 1st day of March AD 1853. Which And that said work labor & services were reasonably worth the just & full sum of one thousand dollars over & above all setoffs. Wherefore said plff claims one thousand dollars that there is now justly due her over & above all setoffs the sum of one thousand dollars bedsides the costs of this action for which she brings suit.

Dated Corvallis Sept 22 AD1854 AJ Thayer Plffs Atty

18540922_Subpoena_GB_Smith

Territory of Oregon In the District Court in Benton county and for said County Lutishia Carson Plfft vs Green B Smith Deft Administrator of the estate Of David Carson Deceased

To Green B Smith Administrator of the estate of David Carson deceased In the name of the United States of America you are hereby required to appear and answer the complaint of Lutishia Carson Plfft (a copy of which is herewith served) on the first day of the next term of said court to be held in said county on the second Monday of October in the year AD 1854; or judgment by default will be taken against you.

Notice is hereby given that the plaintiff will take judgment for the sum of one thousand dollars ($1000.00) if the defendant fails to answer the complaint. In testimony whereof I have hereunto set my hand and affixed the seal of said court this 22nd day of September AD 1854 at Corvallis.

Jas. H. Slater Clerk said Court

18540922_Testimony_Thayer

Oregon Territory Benton County

Andrew J Thayer being duly sworn deposes & says that he is attorney for Lutishia Carson the plff in the above entitled action, that he knows the contents of the complaint therein and that he believes the same to be true. Affiant further States says that said belief is founded upon information derived from different individuals residing in said county & who crossed the plains during the summer of AD 1845 and saw said plff at work for said Carson & have known of her working for said Carson until the time of his death which took place during the Spring of AD 1853 & and further said individuals have informed said Affiant that said work & labor was worth the sum of one thousand dollars over & above all setoffs, and Affiant further states that he makes the above affidavit in consequence of the plaintiff being absent from the county.

Subscribed & sworn to Andrew J Thayer Before me this 22 day of Sept AD 1854 Jas. H. Slater Clerk Dist Court

18540925_Subpoena_Bill

Lutishia Carson Served the within vs personally at Green B Smith Residence of administrator of the each by reading estate of David Carson Sept 25th AD 1854 Fees Subpoena Service $2.50 Mileage 14 2.80 Filed Oct 9th 1854 $5.50 [sic] Jas H Slater TJ Right Shff Clerk by L Abbott Dpty

18540925_Subpoena_Read_et_al

Territory of Oregon In the District Court said County Benton County May Term AD 1854

To the Sheriff of said County Greeting In the name of the United States of America you are hereby commanded to summon Thomas M Reed, David Davis, Jehial Kendall Joseph Huggard and Archemades Stewart to be and appear before the District court in and for said County on the first day of the next term thereof to be holden at the Court house in said county on the Second Monday of October AD 1854 at one oclock PM to testify in a cause pending in said court wherein Lutishia Carson is plaintiff and Green B Smith Administrator of the estate of David Carson deceased is defendant; on the part of the plaintiff. Hereof fail not at your peril and of this writ make due service and return In testimony whereof I have hereunto set my hand and affixed the seal of said court Dated at Corvallis this 25th day of September AD 1854

Jas H Slater Clerk said court

18540928_Subpoena_Smith_Bill

In the District Served personally Court Benton Co Oct Sept 28th AD 1854 term 1854 by reading and delivering a copy of the within Lutishia Carson Plff Summons together Vs with a copy of the Green B Smith Deft Complaint to Adminstrator of the estate Green B Smith of David Carson Dec Fees Service $1.00 Summons Copy Summons .25 “ Complaint 2[?] .25 50 Miles 12. 2.40 $4.15

TJ Right Sheriff by Wm Jackson Dpty Benton Co

18541005_Subpoena_Hughart_et_al

Territory of Oregon County of Benton SS To the Sheriff of said County Greeting

In the name of the United States of America you are hereby commanded to summon Joseph Hughart, Francis Writsman, & Mark Cayhoon to be and appear before the District Court for said County OT on the first day of the next Term thereof to be holden at the court house in said County on the secon [sic] Monday of October AD 1854 to testify in a cause where Lutishia Carson is plft and Green B

Smith Administrator of the estate of David Carson deceased is deft on the part of the deft Hereof fail not at your peril and of this writ make legal service and due return In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Corvallis this 5th day of Oct AD 1854

Jas H Slater Clerk of said Court

18541007_Hughart_et_al_Subpoena_Bill

Served personally Luteshia Carson On Jos Huggart Fra- vs ncis Writsman & Green. B Smith Mark Cahoon Admstr of &c Oct 7th 1854 Subpoena Fees Service $1.50 Mileage 10 2.00 $3.50 TJ Right Shff By W Jackson Dpty

Filed Oct 9th 1854 Jas H Slater Clerk

18541007_Motion_Thayer

Dist Court of Benton County Oct. 5, 1854 Lutishia Carson Plf vs Motion of Strike out Green B Smith admr Estate of David Carson dcd Defendt.

Said plaintiff by her attorneys comes and moves the court to strike out all that portion of said Defendant’s answer now on file in the above entitled cause, contained in the second clause thereof, beginning with the word “Defendant” and ending with the word “removal” for reason that the same is irrellivant [sic] and constitutes no defence [sic].

Also all that portion of said answer contained in the fourth clause thereof commencing with the word “defendant” and ending with the word “decease” for reason that the same is pleading by implication and constitutes no defence.

Thayer & Grove Attorneys for plf.

18541009_Subpoena_Writsman_et_al

Territory of Oregon Benton County To the Sheriff of said country or his Deputy

In the name of the United States you are hereby commanded to summon Alfred Wrightsman, WH Johnson, & David Carson to appear before the District Court for said County forthwith to answer testify in a cause wherein Lutishia Carson is

Plantiff [sic] and Green B Smith Administrator of the estate of David Carson deceased on part Deft

Hereof fail not at your peril and of this writ make legal service and return Witness Jas H Slater Clerk of said court his hand and he seal of said court at Corvallis this 9th day of Oct 1854

Jas H. Slater Clerk

18541009_Subpoena_Writsman_et_al_Bill

Lutishia Carson Served personally Vs by reading once Green B Smith the within Oct 9th 1854 Subpoena Fees Service $1.50 Filed Oct 9th 1854 TJ Right Jas H Slater Shf Clerk by Wm Jackson Dpty

18541010_Answer_GB_Smith-1

District Court Benton County October Term AD 1854

Lutitia Carson plff vs Answers Green B Smith admr Defendant

1) Defendant for answer to plaintiffs complaint says, that it is not true the plaintiff worked labored and performed services for David Carson deceased for seven years & six months as stated in complant [sic], neither were the any services performed by said plaintiff for said Carson reasonable [sic] worth one thousand dollars. 2) Defendant further answering says that he is informed and verily believes that said plaintiff was a slave in the State of Missouri and owned by David Carson deceased at the time said Carson re-moved with said plaintiff to Oregon sometime in the year 1845 and so remained up to the time of the death of David Carson relation of master & slave was changed by the removal of the deceased. David Carson unless the 3) That as such slave said deceased moved from the state of Missouri to Oregon some time in 1845 bringing said slave with him and she continued to reside with said Deceased as one of his family for the term and during the time stated in the plffs complaint and not otherwise. Defendant says that the deceased board ? clothing plaintiff & her children was reasonable worth as much as her labor and work.

18541010_Answer_GB_Smith-2

4) Defendant says that the emancipation of said plaintiff was reasonable worth as much as any labor she did for the Defendant from the time he left the State of Missouri to the time of David Carsons decease. 5) Defendant says that during the time plaintiff lived with ? David Carson she was sick for the space of about one year six consecutive months in the years 1851 & 52 during all which time she was unable to work or labor for David Carson dec’d or even to wait upon herself during all which time Deceased waited upon said plaintiff and employed & paid for her medical attendance at the instance and request of plaintiff. Defendant says then Decease David Carson boarded & clothed one of the children of the deceased from some time in 1845 when said child was born to the time of the decease of said David Carson. Defendant says that David Carson boarded & clothed one other of the children of plff from 1849 when it was born up to the time of his death. Defendant says that the boarding clothing of plaintiff & her children the attention bestowed upon her during her sickness the trouble & expense of bringing her across the plains was

18541010_Answer_GB_Smith-3

reasonable worth as much as any and all services rendered by plaintiff to deceased David Carson. Defendant says that in the winter of 1849 plaintiff was taken to Joseph Gages in Polk county previous to her sickness and remained and was taken care of & boarded by said Gage at the expense of Deceased until she was delivered of a child & recovered. Wherefore plaintiff says that he is not Deceased David Carson was not in his lifetime or Defendant since his death indebted to plaintiff in any sum whatever, having answered Deft prays to be discharged with his costs. Kelsay & Logan Defts Attys

Benton County SS

Green B Smith Defendant says that he has heard the foregoing answer read & knows the contents thereof and that to the best of his knowledge information & belief the statements therein made are true. Defendant says that he is informed by persons who knew said Carson Decease in Missouri & in crossing the plains that plaintiff was a slave & belonged to said Deceased. Defendant also has a bill of sale of said Lutitia Carson plaintiff to deceased David Carson

18541010_Answer_GB_Smith-4

As to the sickness of plaintiff & the boarding & clothing of herself and children Defendant has made strict inquiries in regard thereto from those he supposed were informed and had been informed that the statements made in the foregoing answer as to the value of the plffs service & the value of boarding clothing plff & her children Plaintiff Deft has made strict enquiries to ascertain the truth from persons ? informed as Deft believes & these they inform him in the Statements in relationship as stated in the answer were correct and true. Green B Smith Administrator

Subscribed and sworn to Before me this 10th day of Oct AD 1854

Jas H Slater Clerk

18541011_Response_Thayer-1

Dist Court Benton Co Lutishia Carson Plf Oct Term 1/54

vs Green B Smith admin Estate of David Carson dcd Replication

Said plaintiff for replication to said defendant answers pleaded says that she affirms that her services for seven years and six months as stated in her said complaint were reasonably worth one thousand dollars, that she denies that from the year 1845 she has remained a slave of said David Carson deceased up to the time of his death as in said answer alllegged [sic], and she further denies that she lived and continued to reside in the family of said David Carson decd as one of his family merely, as in said answer alleged, but she avers that she resided in said family as a servant and performed meneal [sic] service as such during said period mentioned, and she further denies that the emancipation of said Plaintiff was reasonable worth as much as any labor she did for the defendeant from the time he left the State of Missouri to the time of David Carsons decease as alleged in said Defts answer, and she denies that said emancipation was any consideration in said plaintiff moving ? ? David Carson. And she further denies that plaintiff was sick during the time plaintiff lived with David Carson for the space of about six months consecutively in the years of 1851 & 1852 and unable to work or labor for said David Carson decd.

18541011_Response_Thayer-2

And that he waited on said plaintiff and obtained medical aid as in said answer allegged. And she further denies that defendant boarded and clothed the children of said plaintiff in manner and during the time allegged in said answer. And she further denies that in the winter of 1849 Plaintiff was taken to Joseph Gages in Polk County and was taken care of and boarded by said Gage at the expense of said David Carson decd as in said defendants answer allegged.

Wherefore she says the ought not to be barred by anything in said answer pleaded, from having and recovery of said defendant administrator aforesaid , the said full sum of one thousand dollars, or any part thereof.

Thayer& Grove Attorneys for Plf Territory of Oregon Benton County

Lutishia Carson the above named plaintiff being duly sworn says that she has heard the foregoing replication read and knows the contents thereof, and that the same is true to the knowledge of said plaintiff.

Subscribed and sworn to her Before me this 11th day Lutishia X Carson of Oct AD 1854 mark Jas H Slater Clerk

Oregon Statesman 18541017

District Court, Benton County.

Judge Williams presiding. Present – R. P. Bois, prosecuting attorney for territory; L. F. Grover, deputy U.S. district attorney; J. G. Wilson, deputy U. S. Marshal. Attorneys – Pratt, Logan, Chadwick, Thayer, D. Smith, I. N. Smith, Brock, Kelsey, Machell, and Boyd. Same twenty causes on the docket, mostly compromised; no criminal trials.

Lutensia Censor v. Green B. Smith, administrator on estate of David Censor, deceased. This was an action by a black woman to recover the value of her service rendered in this territory to defendant, from the year 1845 to 1852. Luteshia was a slave in Missouri, but came to Oregon and served her master faithfully until his death. In the absence of circumstances which would imply an agreement to pay, Jury disagreed – 9 for and 3 against – jury discharged. Cause continued. D. Smith, Grover and Thayer for plaintiff, Logan and Kelsey for defendant.

1855

18550000_Kelsay_Appeal

Oregon Territory In the District Court Benton County of said county

Green B. Smith administrator of the estate of David Carson dcd – Deft vs Lutisha Carson, Plft

The said Defendant by his attys Logan & Kelsay comes & moves the court to set aside the verdict of the jury anent the Judgement to set aside the Judgment & grant a new trial in the above entitled action for the following reasons, to wit 1st That the verdict of the Jury was against evidence. 2 That the verdict of the Jury was against the weight of evidence – 3 That the verdict of the Jury was against law & evidence.

T. Logan & J. Kelsay atty For Deft.

18550000_Kelsay_Argument

Letitia Carson vs Greenbury Smith Admor Of estate of David Carson

This day comes deft by his counsel and demurs to complaint of Plff for it does not state sufficient facts to entitle Plff to recover --

1st It does not show that said administrator is legaly [sic] indebted to the said Plf in an sum of money whatever. 2nd It does not show that the Plff has taken proper steps to entitle her to bring suit vs defendant. Kelsay & Chinn

18550317_Summon_Hughart_et_al

Oregon Territory In the District Court Benton County of the United States Lutishia Carson Plff vs Green B Smith administrator of the estate of David Caron Deceased Deft To the Sheriff of said County Greeting

In the name of the United States you are hereby commanded to summon Joseph Hughart, Francis Writsman, Mark Cayhoon, Alfred Writsman, WH Johnson, David Carson, GW Roberts, Mrs Roberts, AG Hovey Hovey [sic] & Sarah Davis if to be found in your county to be and appear before the US District Court in and for Benton County OT to be held at the court house in said county on the first Monday of May AD 1855 to testify in the of Lutishia Carson vs Green B Smith Administrator of the estate of David Carson deceased to appear on part of Defense.

Hereof fail not at your peril and of this writ make legal service and return.

In testimony whereof I have hereunto set my hand and affixed the seal of said court this 17th day of March AD 1855 at Corvallis O.T.

Jas. H. Slater Clerk of said court

18550507_Subpoena_Bill_(1)

District Court in Served the within by & for Benton County SS reading to all except David Davis for whom Lutishia Carson a copy was left Vs Green B. Smith Service 2.00 administrator of Copy .25 the estate of the es- Mileage 2.00 tate of David Carson $4.25 deceased T.B. Odeneal Subpoena Dpty Sheriff Benton County Benton Co

Filed May 7th 1855 Jas H Slater Clerk

18550507_Subpoena_Bill_(2)

District Court Served the within Benton County O.T. by reading to all except Lutishia Carson Joseph Hughart & David vs Carson for whom Green B Smith copies were left administrator of the estate of David Carson Service 5.00 2 Copies .50 Subpoenal [sic] Mileage 2.00 7.50 Benton County Thos B Odeneal Dep Sher th Filed May 7 1855 Benton Co. Jas H Slater Clerk

18550508_Subpoena_Hartless

Territory of Oregon In the United States Benton County District Court for said Co Lutishia Carson vs Assumpsit Green B Smith Administrator etc In the Name of the United States to the Sherif of said county You are hereby commanded to summon E Heartless if to be found to be and appear before the District Court of said county forthwith to testify in the case of Lutishia Carson vs Greenberry Smith administrator etc on the part of the plaintiff. Hereof fail not at your peril and of this writ make legal service & return. Witness Jas H Slater Clerk his hand and the seal of said court this 8th day May AD 1855. Jas. H. Slater Clerk

18550510_Subpoena_Bill

Lutishia Carson Served by vs Reading Green B Smith Servis [sic] 50 TJ Right Sheriff Filed May 10th 1855 Jas H Slater Clerk

18550511_Subpoena_Read_et_al

Oregon Territory In the District court Benton County for said County Lutishia Carson Plfft vs Green B Smith Administrator of the estate of David Carson Deceased Deft To the Sheriff of said county Greeting In the name of the United States of America you are hereby commanded to summon Thomas M Read, David Davis, Jehiel Kendall Joseph Hughart and W H Johnson and Sarah Davis to be and apear [sic] before the United State District Court in and for Benton County OT on the first day of the next Term thereof to be holden at the court house in said county O.T. on the first Monday of May AD 1855 to testify in the case of Lutishia Carson vs Green B Smith administrator of the estate of David Carson Deceased on the part of the plff.

Hereof fail not at your peril and of this writ make legal service & return.

Witness my name and the Seal of said court this 16th day of May AD 1855 at Corvallis OT

Jas. H. Slater Clerk

18550511_Subpoena_St_Clair

Territory of Oregon Benton County Lutishia Carson vs Greenberry Smith Administrator etc United States to the Sheriff of said county You are hereby commanded to summon W St Clair if to be found in your county to testify in the cause of to forthwith appear before the District court for said county now in session at the court house to testify in the cause of Lutishia Carson vs Greenbery Smith Administrator etc on the part of the Plaintiff Deft. Hereof fail not at your peril and of this writ make legal service and return. Witness my hand and the seal of said court this 11th day of May 1855. Jas H Slater Clerk

18550511_Subpoena_St_Clair_Bill

Lutishia Carson vs Greenbery [sic] Smith Administrator &c

W. St Clair

Served the with in By Reading to W St Clare On the 11 day of May 1855

A.N. Locke Baff Servis [sic] 50

18550512_Judgment

May Term AD 1855

Be it remembered that on this seventh day of May one thousand eight hundred and fifty five, The United States District Court of the county of Benton and Territory of Oregon commenced its regular session and the court house in said county; present honorable Geo. H William Judge etc

At which said term the following proceedings were had that is to say

Lutishia Carson vs Greenberry Smith Administrator etc

Now on this day came the Plaintiff by Thayer and Smith her attorneys and the Deft by Logan and Kelsay his attorneys and issue being found thereupon came

a jury to wit James L Bounds, William P Smith, Alfred Rinehart, Wiley Winkle Joseph Dimick George Belknap John Bryant John Hillhouse, George Knowlton, Galatin Atkins, Lazarus Vanbeber and William L Cardwell who were duly empanneled and sworn and after hearing the whole case gave the following verdict to wit “we the jury for the Plaintiff the sum of three hundred dollars.

Thereupon it was ordered and adjudged by the court that said plaintiff have judgment and execution for said sum of three hundred dollars together with her costs in this behalf to be taxed.

18550512_Judgment_True_Copy

I do certify that the foregoing to be a true copy of the judgment in the foregoing cause. May 12th 1855 Jas H. Slater Clerk

We the jurors find for the pleant plantiff [sic] and assess her damages at $3,000 [sic] dollars.

18550600_Receipt_Modie

June 1855 Received of Green B. Smith as administrator of the Estate of David Carson two dolars aul debetes billing and demandes against the Estate of David Carson.

Jacob Modie

18550605_Bill_Allowed

Excepted [sic] by Green B. Smith as administrator of the estate of David Carson

I except to this the account for five dollars this June the 5 1855. A.N. Locke Judge of Probate

Filed June the 5 1855 A.N. Locke

18550606_Judgment

Territory of Oregon In the district court Benton County for said county

United States to the Sheriff of said county Greeting

Whereas at the May Term of the United States District Court AD 1855 in and for said county of Benton judgment was rendered against Greenberry Smith administrator of the estate of David Carson deceased at the suit of Lutishia Carson for the sum of three hundred dollars and costs of suit taxed at two hundred and twenty two 20/100 dollars and the judgment roll being on file in this office.

These are therefore in the name of the United States to command you that you satisfy said judgment and costs and other costs that may accrue out of the personal property of said estate in the possession of Said Greenberry Smith administrator and if personly [sic] property be not found sufficient to satisfy said

sums then you are to satisfy the same out of the real estate belonging to said estate at the time of the docketing of this judgment and any time thereafter.

Hereof fail not at your peril and of this writ make legal service and return.

Witness my hand and seal this 6th day of June AD 1855 Jas H. Slater Clerk

18550624_Judgment_Bill

Lutisha Carson 24 June 1855 vs Satisfied Greenberry Smith administrator &c Returned Satis fied in full 24 Execution the June 1855 by T J Right Judgment $300.00 Sheriff of Sheriffs fees 29.00 Benton Co Clerks fees 27.10 Witness fees 166.10 Total $522.20

Jas. H. Slater Clerk

18550704_Receipt_Hovey

Received of Jas H Slater Clerk of U S District Court in & for Benton County O.T. the sum of ten 60/100 dollars being the full amt of fees due me in the case of Lutishia Carson vs G B Smith admr tried at the May term of said court AD 1855.

This 4th day of July AD 1855 A.G. Hovey

18550802_Complaint_Thayer-1

Oregon Territory In the District Court of the United States Benton County SS on & for said county Lutishia Carson plff May October Term AD 1855 vs Greenbury Smith Deft

Lutishia Carson plff in this suit by A.J. Thayer her Atty complains of Greenbury Smith Deft For that whereas the said plff heretofor to wit once about the first day of March AD 1853 in said county was lawfully possessed & owned twenty nine head of cattle consisting of cows heifers, steers, & claves, which said Cattle were worth the just & full sum of two thousand dollars, And the said Deft at the time & place aforesaid took said cattle & converted them to his own use contrary to the will & against the consent of said plff, wherefore said plff has sustained damages to the amount of two thousand dollars and thereon she brings suit.

A.J. Thayer plffs Atty Oregon Territory Benton County SS

A.J. Thayer being duly sworn deposes & says he is Atty for the plff in the above entitled action that he knows the contents of the forgoing complaint, that he believes in sum to be true, that said belief is based

18550802_Complaint_Thayer-2

upon information derived from different individuals who resided near said plff at the time said cattle were converted by said Deft as alleged in said complaint, And further Affiant states as the reason why he makes said affidavit instead of said plff that she is absent from said County. A.J. Thayer

Subscribed & sworn to Before me this 2 day of August of March AD 1855 Jas H Slater Clerk

18550920_Discontinuance_Thayer

Oregon Territory Benton County SS In the District Court Lutishia Carson plff in & for said Co Vs Oct Term AD 1855 Greenberry Smith Deft

To the Clerk of said Court Sir Take notice that the plff in the above entitled action hereby discontinues same at her costs. Sept 20th 1855 A.J. Thayer Plffs Atty

18550921_L_Carson_Subpoenas_Request

Lutistia Carson Vs Green B Smith Administrator &c To The Clerk of the District Court Sir

please to issue Supboenas in the above entitled action for the following individuals

Thomas Read David Davis Henry Walker Locke Jehiel Kendall Phillip Riley

18550921_Subpoena_Bill

District Court Benton County O.T.

Lutishia Carson vs Greenberry Smith

Summons

I hereby certify that I served the within on the 21st day of Sept A.D. 1855 by delivering personaly to the defendant in the County of Benton O.T. a true

coppy[sic] of the within summons and complaint fees John P. Hoskins travel 24 miles 2.40 Dept Sheriff serving writ 1.00 coppy[sic] writ .50 3.90

Filed Sept 25th 1855 Jas. H. Slater Clerk

18550921_Subpoena_GB_Smith

Oregon Territory In the District Court in and County of Benton for said county O.T. Lutishia Carson Plff vs Civil Action Greenbury Smith Deft

To Greenbury Smith Administrator of the Estate of David Carson deceased Defendant in the above entitled action

You are hereby required to be and appear before the District court in and for said county O.T. on the first day of the next Term thereof to be holden at the court house in said county on the first Monday of October AD 1855 to answer the complaint of Lutishia Carson or judgment by default will be taken against you – Notice is hereby given that the Plaintiff will take judgment for the sum of two thousand dollars if defendant fails to answer said complaint. Hereof fail not at your peril

And of this writ the Sheriff of said county will make due service and return the same with his doings hereon on the first day of said Term of Court.

Witness my hand and the seal of said court this 21st day of Sept AD 1855

Jas. H. Slater Clerk

18550921_Subpoena_Read_et_al

Territory of Oregon County of Benton SS To the Sheriff of said county Greeting

In the name of the United States you are hereby commanded to summon Thomas M Read David Davis Henry Walker Jehiel Kendall Phillip Riley if to be found in your county to be and appear before the District Court in and for said county on the 1st day of Oct AD 1855 to testify in the case of Lutishia Carson vs G Smith Administrator etc on the part of the Plff.

Hereof fail not at your peril and of this writ make legal service and return.

Witness my hand and the seal of said court this 26th day of Sept AD 1855.

Jas. H. Slater Clerk

18550921_Testimony_Thayer-1

Oregon Territory Benton County SS In the District Court Lutishia Carson plff in & for Said County vs Oct term AD 1855 Greenbury Smith Administrator Of the estate of David Carson Deceased Deft

Lutishia Carson plff in the above entitled action by her Atty AJ Thayer complains of the Deft Greenbury Smith Administrator of the Estate of David Carson deceased for that whereas the Said Deft (being administrator as aforesaid) sometime in the Spring of AD 1853 took twenty nine head of cattle consisting of cows, heifers, steers, & calves the property of said plff of the value of twelve hundred dollars and sold them as property belonging to the Estate of the said David Carson deceased for the said sum of twelve hundred dollars or thereabouts, whereupon since plff claims judgement [sic] for the sum of twelve hundred dollars together with interest from the date of aforesaid besides the costs of this action.

AJ Thayer Plffs Atty

Oregon Territory Benton County SS

AJ Thayer being duly

18550921_Testimony_Thayer-2

sworn deposes & says that he is Atty for the plff in the foregoing entitled action that he has read the foregoing complain & knows the contents thereof and that he believes the same to be true, that said belief is based upon what different individuals have informed said Affiant who resided near the parties at the time when said Cattle were sold as alleged in said Complaint & who will be witnesses on the trial of said action. Affiant further says that he makes said Affidavit on the account of said plffs being absent from said county.

Subscribed & sworn to A.J. Thayer Before me this 21st day Of Sept AD 1855

Jas. H. Slater Clerk

18550925_Subpoena_Bill

Lutisha Carosn vs G Smith

Subpoena served the within on D. D. Davis and Thos M. Read

fees $2.20 Filed Sept 25 AD 1855

Jas. H. Slater Clerk

18551004_Response_Smith-1

District court County of Benton Letitia Carson vs Greenbury Smith Admtr Of the estate of David Carson

Greenbury Smith Admor as aforesaid of the state of David Carson deceased for answer to the complaint of the Plff says that he has no knowledge information or belief sufficient to ennable [sic] him to answer said complaint as to having sold any cattle of any kind for any sum of money whatever.

He further says that if any such cattle were the property of said Letitia Carson that said Letitia Carson is indebted to the estate of the decedant [sic] in the sum of ($500) Five hundred dollars for the securing and rearing of said cattle from 1845 to the time of said sale which he offers to offset against any sum which said Plff may recover in this action. Kelsay Logan & Chinn

Oregon Benton County

Greenbury Smith being duly sworn says the facts stated in the foregoing complaint are true to his knowledge except

18551004_Response_Smith-2

as to matters stated on information and belief as to those he believes them true. Green B Smith Subscribed & sworn to before me this 4th day of Oct 1855. Jas. H. Slater Clerk

1856

18560225_Subpoena_Read_et_al

Territory of Oregon, Benton County ss. To the Sheriff of said County, Greeting: In the name of the UNITED STATES you are commanded to summon: Thomas Read David Davis, Henry Walker, A.N. Locke, Jehiel Kendall, Phillip Riley on the first day of the next regular term thereof, to be holden at the court-house in said county, on the third Monday in May A.D., 1856 to testify in the case of Lutishia Carson vs Greenberry Smith administrator of the Estate of David Carson deceased on the part of the Plff Hereof fail not, at your peril, but of this writ make legal service and return. Witness my hand and the seal of said court this 25th day of February 1856

Jas. G. Slater, CLERK

18560305_Subpoena_Bill

I hereby certify that I served the within subpoena upon Thomas Read David Davis Henry Walker A N Lock and Jehiel Kendall by reading the same in their hearing this 5th day of March 1856

Jas A Burnett Sheriff B.C.

District Court Benton County O.T. Lutishia Carson vs Greenberry Smith

Administrator &c

Sheriffs fees

Service 1.50 Mileage 2.20 $3.70

Filed March 5th AD 1856

Jas. H. Slater Clerk

18560500_A_Carson_Deposition_Bill

Letishia Carson vs Greenberry Smith adm of David Carson Dec’d

Justice fees on notice of Plaintiff to take Deposition of Andrew Carson for filing notice & Issuing Subpoena $0.50 one Days attendance to take Dept. 1.50 $2.00 Constables fees for servg. – do $ .50 Travel to serve do 1.00 $3.50

R. H. Parsons, Justice of Peace

18560503_Deposition_A_Carson

Letishia Carson plf In District Court vs Benton County Greenbury Smith admr of Estate of David Carson decd

A.J. Thayer Esqr

Attorney of record for the plaintiff you are hereby notified that the deposition of Andrew Carson of Lane County will be taken before Esquire R H Parsons Justice of the Peace Eugene City precinct Lane County at his office in Eugene City on Thursday the fifteenth day of May at 12 O Clock in 1856 in the matter of the above cause when & where you may be and cross examine. Corvallis May 5th 1856.

Kelsay Logan & Chinn DC Dade Attorneys for dft By DC Dade Atty

18560503_Subpoena_Writsman_et_al

Territory of Oregon Benton County SS To the Sheriff of said County Greeting: In the name of the United States you are commanded to summon Alfred Writsman Joseph Hughart A G Hovey Sarah Davis Washington Roberts Thursea Roberts & David Carson if to be found in your county to be and appear before the U.S. District Court, at the next regular term thereof to be holden at the Court-house in Said county on the Third Monday of May A.D. 1856 to testify in the case of Lutisha Carson vs Greenberry Smith, administrator of the Estate of David Carson deceased on the part of the Deft. Hereof fail not, at your peril, but of this writ make legal service and return. Witness my hand and the seal of said Court this 3rd day of May 1856 Jas. H. Slater Clerk

18560517_Sheriff_Fees

I hereby certify that I have served the within subpoena by reading the same in the hearing of Alfred Writsman Sarah Davis and Theresa Roberts and by leaving a copy at the residence of Joseph Hughart Washington Roberts & David Carson and acknowledgment of service of A.G. Hovey Jas. A. Bennett Sheriff B.C. May 17th 1856

Lutishia Carson Vs Greenberry Smith

Subpoena

Sheriffs fees

Service 2.10

Three Copies 1.50 Mileage 3.90 $7.50

Filed May 17th 1856

Jas. H. Slater

18560519_Response_L_Carson-1

Oregon Territory In the US District Court in Benton County SS & for said Co May term AD 1856

Luticia Carson plff vs G B Smith Administrator of the Estate of David Carson deceased The plff in reply to the Defts Answer in the above Entitled action says that she denies that she is indebted to the estate of David Carson in the sum of $500.00 or in any other sum whatever for takeing of her Cattle receiving or keeping of said cattle or for any thing from 1845 until the sale as alleged in said Answer or for any other time.

AJ Thayer Plffs Atty

Oregon Territory Benton County SS

Andrew J Thayer being duly sworn deposes & says that he is Atty for the plff for the in the forgoing Entitled action that he has read the forgoing reply & knows the contents thereof & that he believes the same to be true, that said belief is based upon what different individuals have informed said affiant who resided near the parties while said cattle were being secured & who will be witnesses on the trial

18560519_Response_L_Carson-2

of this action and affiant further says that he makes this affidavit on the account of said plff’s being absent from said County. A.J. Thayer

Subscribed & sworn to before me this 19th Day of May AD 1856

Jas.H.Slater Clerk

Lutishia Carson Vs Greenberry Smith Administrator of &c

Reply

Filed May 19th 1856

Jas. H. Slater Clerk

18560522_Continuance_Smith

Oregon Territory In District Court in and for Benton County SS said County Letishia Carson plf Oct AD 1855 vs Greenberry Smith Admr for Estate of David Carson dect deft

The defendant in the above entitled action makes oath that he ought to have a continuance in the above cause for that he verily believes Sarah Davis is absent, that said Sarah Davis is as he verily believes a material witness for the defendant and that she had been duly subpoenaed, that she lives in Benton County Oregon Territory within twenty miles of the Court house of said County. Deft verily believes he can prove by said witness that plf had nor had no right

Green B Smith

Subscribed and sworn to before me This 22nd day of May AD 1856

Jas. H. Slater Jas. H. Slater

18560916_Thayer_Notification

Oregon Territory Benton County SS Lutisha Carson Plff vs Greenbury B Smith Adminstrator Of the Estate of David Carson deceased To John Kelsay and D.C. Dade Esqs Attys for Deft

Sir take Notice that I will take the deposition of Henry Walker on the part of the plff in the above Entitled action before J M Pyle District Clerk in & for Douglas County O.T. at his office on the 8th day of October next at 10 oclock AM of that day or as soon thereafter as the same can be done. Said witness being more than 20 miles from the court house in Benton Co when & where you may cross examine said witness if you deem proper.

Yours etc A. J. Thayer Sept 16th 56 Atty for plff

18560927_Subpoena_Read_et_al

Territory of Oregon County of Benton SS To the Sheriff of said County Greeting: In the name of the United States you are hereby commanded to summon Thomas Read, D.D. Davis, Henry Mather, Jehiel Kendall if to be found in your County to be and appear before the U.S. District Court in and for said County on the first day of the next regular term thereof to be holden at the Court house in said County on the third Monday in October A.D. 1856 to testify in the case of Lutisha Carson vs Greenberry Smith, administrator of the Estate of David Carson, deceased, on the part of the plaintiff.

Hereof fail not, at your peril, but of this writ make legal service and return. Witness my hand and the Seal of said Court, this 27th day of September A.D. 1856.

T.H.B. Odeneal, Clk.

18560929_Subpoena_Writsman_et_al

Territory of Oregon Benton County SS To the Sheriff of said County Greeting:

In the name of the United States you are commanded to summon Alfred Writsman, Joseph Hughart, Sarah Davis, Washington Roberts, Thursea Roberts and David Carson if to be found in your county to be and appear before the U.S. District Court, at the next regular term thereof to be holden at the Court-house in Said county on the third Monday of October A.D. 1856 to testify in the case of Lutisha Carson vs Greenberry Smith, administrator of the Estate of David Carson deceased on the part of the defendant.

Hereof fail not, at your peril, but of this writ make legal service and return.

Witness my hand and the seal of said Court this 29th day of September 1856

T.H.B. Odeneal Clerk

18561006_Subpoena_Bill_(1)

Lutisha Carson vs Greenberry Smith Admin of the Estate of David Carson deceased

Subpoena

Served by reading to All except Alfred Writsman for whom a copy was left at the house of Mr Jones. Oct. 6th 1856

Fees Service 2.10 Copy .50 Mileage 3.10 $5.70

S.B. Fargo Sheriff

Filed Oct 14th 1856 THB Odeneal Clerk

18561006_Subpoena_Bill_(2)

Lutisha Carson vs Greenberry Smith Admin of the Estate of David Carson deceased

Subpoena

Served by reading to all but Henry Walker who was not Found in the County October 6th 1856

Fees: Service .90 Mileage 1.90 $2.80

S.B. Fargo Sheriff

Filed Oct 14th 1856 THB Odeneal Clerk

18561008_Deposition_Walker-1

Deposition of Henry Walker

Question 1st Are you acquainted with Lutishia Carson & Greenberry B Smith and if so how long have you known them. Answer I am acquainted with both of them have known them both since the year 1848

Q 2nd Were you acquainted with David Carson (deceased) and if so were you acquainted with him in Benton Co O.T. and how long. Answer -- I was acquainted with him since the year 1849 until he died. I knew him to live in Benton County all of said time.

Q 3rd State whether or not you had a conversation with him a short time previous to his death relative to cattle claimed by Lutishia Carson. Answer -- I had a conversation with him about the last of August 1852 on said subject.

Q 4th State what that conversation was. Answer – In the last week of August 1852 David Carson & Lutishia Carson were both sick, and I was stopping with them, taking care of them. When I first went there during said time David Carson asked me to get up the cattle, or cows for the purpose of milking. I drove into the corral seven calves and seven cows and two yoke of oxen. Out of the number which I had drove up which was about 40 head. While standing with me at the corral

18561008_Deposition_Walker-2

I remarked to David Carson that he had quite a large band of cattle. When he replied that those cattle there were not his except seven head which consisted of two yoke of oxen one cow one yearling & one sucking calf, and he further said that Twenty seven head of the cattle belonged to Lutishia Carson. He particularly pointed out an old pied cow that Lutishia Carson had bought said cow on the plains in 1845 and remarked that 27 head which he pointed out as Lutishia Carson’s were the natural increase of said cow.

Q 5th State whether or not he pointed out the cattle claimed by Plaintiff to you and if so what kind were they & how many of each kind were they. Answer -- He did. They were 27 head in all nine cows, eight calves, the remaining ten head were young cattle of various kinds.

Q6th State what the said David Carson informed you in relation to where the said Lutisiha Carson got said cattle. Answer – He told me shad bought that cow (which he pointed out) on the plains in 1845. That the balance were the offspring of said cow, all of which he said were the property of Lutishia Carson.

18561008_Deposition_Walker-3

Question 7th – State if you know how many other cattle aside from the ones pointed by the said David Carson had he at that time. Answer – He pointed out seven head which he said belonged to him. I do not know whether or not he had any other cattle.

Q 8th – State if you know what were done with the cattle pointed out to you by the said David Carson at the time when the Estate of the said David Carson was administered upon. Answer – I do not know what was done with the said cattle. his William Henry Harrison X Walker mark Witness James M. Pyle P.A. Reilly

Territory of Oregon Douglas County SS

I James M. Pyle Clerk of the US District Court in and for the county of Douglas, do hereby certify that the above deposition was taken before me, and reduced to writing by myself at Deer Creek in said county on the 8th day of October 1856 at 4 O’clock P.M. in pursuance of notice; that the above named

18561008_Deposition_Walker-4

witness before examination was sworn to testify the truth, the whole truth and nothing but the truth and that the said deposition was carefully read to said witness and then subscribed by him. In witness of which I have hereto set my hand and affixed the seal of the US District Court at Deer Creek this 8th day of October AD 1856. James M. Pyle Clerk Fees of Clerk $3.00 Fees of Sheriff 5.30 Witness _7.00 $15.30 J.M. Pyle

18561020_Judgment_$1200

Be it remembered that at a term of the United States district within and for Benton County and Territory of Oregon begun and held at the Court house in said County, on the 20th day of October AD 1856, present Hon Geo H Williams Judge, John McCraken U.S. Marshal, Geo K. Shiel Prosecuting attorney, S.B. Fargo, Sheriff, and T.H.B. Odeneal, Clerk, the following proceedings were had, that is to say:

Lutisha Carson vs Civil action for property G.B.Smith admr etc

This day came into open Court the Jury heretofore empaneled to try the issue found in this cause, and having duly considered the same, say: “We the Jury find a verdict for the plaintiff for twelve hundred dollars,” thereupon it was ordered by the Court that the plaintiff have judgment for twelve hundred dollars, together with costs, in this behalf to be taxed and that execution be had therefor.

18561020_Judgment_Label_Carson

Lutisha Carson Vs Greenberry Smith Admin &c

Execution

Judgment $1200.00 Costs 193.00 Total $1393.00

THB Odeneal Clerk

18561020_Subpoena_Bear_Williams

Oregon Territory Benton County SS To the Sheriff of said Co Greeting

In the name of the United States you are commanded to summon Bear Williams if he be found in your County, to be and appear before the U.S. District Court on the first day of the October term, thereof to be held at the court house in said County on the third Monday in October AD 1856 to testify in the case of Lutisha Carson plff vs Greenberry Smith, etc defendant on the part of the defendant.

Hereof fail not but of this writ make legal Service & return. October 20th AD 1856 Witness my hand and the seal of Said court T H B Odeneal Clerk

Served on 20th of October AD 1856 By reading in his hearing S B Fargo Sheriff

18561020_Subpoena_Bill

Lutisha Carson Vs Green B Smith

Subpoena

Sheriff fees

14 miles travel 1.40 Serving .30 1.70

Filed Oct 20 1856

18561021_A_Carson_Subpoena_Bill

Lutisha Carson Vs Green B Smith Admin &c

Subpoena

Service .30 Mileage .20

Served by reading in his presence Oct 21st 1856

James Kinney Depty Sheriff

Filed Oct 21st 1856

THB Odeneal Clerk

18561021_Jury_Judgment_$1200

October the 21 1856 We the jury find for the plantiff [sic] twelve hundred Dollars

18561021_Modie_ Subpoena_Bill

Lutisha Carson Vs Green B Smith Admin &c

Subpoena

Service .30 Mileage 2.00 $2.30 Served by reading in his hearing Oct 21st 1856

SB Fargo Sheriff

Filed Oct 21st 1856

THB Odeneal Clerk

18561021_Subpoena_A_Carson

Oregon Territory County of Benton S To the Sheriff of Said County Greeting.

In the name of the United States, you are commanded to summon Andrew Carson if he be found in your county to be and appear before the U.S. District Court (which is now in Session at the Court house in said Co.) forthwith to testify in the case of Lutisha Carson Plff vs Green B. Smith deft, on the part of the defendant.

Hereof fail not but of this writ make legal service and return. Witness my hand and the Seal of Said Court Oct 21st 1856

T H B Odeneal Clerk

18561021_Subpoena_Bill

Lutisha Carson Vs Green B Smith Admin &c

Subpoena

Served by reading in his hearing Oct 21st 1856

Service .30 Mileage .20 .50

SB Fargo Sheriff

Filed Oct 21st 1856

THB Odeneal Clerk

18561021_Subpoena_Modie

Oregon Territory County of Benton SS To the Sheriff of Said County greeting:

In the name of the United States you are hereby commanded to summon Jacob Modie if to be found in your county to be and appear forthwith before the U.S. District Court, now in session at the Court house in said County – to testify in the case of Lutisha Carson plff vs Green B Smith deft on the part of the defendant. Hereof fail not, but of this writ make legal service & return.

Witness my hand the Seal of Said Court Oct 21st 1856 T H B Odeneal Clk

18561021_Subpoena_Stewart

Territory of Oregon County of Benton SS To the Sheriff of Said County greeting:

In the name of the United States you are hereby commanded to Summon John Stewart if to be found in your county to be and appear for ?? before the Dist Court now in session at the court house in said County to testify for the case of L. Carson Plff vs G B Smith admin &c defendant on the part of the plff.

Hereof fail not but of this writ make legal service and return Witness my hand and the seal of said court Oct 21st 1856 THB Odeneal, Clerk

18561101_Judgment_Collection_$1393

Oregon Territory In the District Court Benton County SS for said County

In the name of the United States to S.B. Fargo, Sheriff of said County, Greeting:

Whereas at the October term of the United States district Court begun and held at the Court house in Corvallis, in Said County of Benton on the 20th day of October A.D. 1856, Judgment was rendered against Greenberry Smith, administrator of the Estate of David Carson, deceased, at the suit of Lutisha Carson for the sum of Twelve hundred dollars and costs of suit taxed at one hundred and ninety three dollars and five cents: the Judgment Roll being on file in my office;

Therefore, these are, in the name of the United States, to command you to satisfy said Judgment and costs and all other costs that may accrue, out of the personal property of said Estate, in the possession of the Said Greenberry Smith, and if personal property be not found sufficient to satisfy said sums, then you are

to satisfy the same of the real estate belonging to said Estate, at or subsequent to the time this judgment was docketed.

Whereof fail not, at your peril, but of this writ make legal service & return.

Witness my hand and seal of office This 1st November 1856

THB Odeneal Clk

18561201_Judgment_Label_Carson_Filed *Not in documentation

Lutisha Carson vs Greenberry Smith, Admir. &c

Execution

Judgment $1200.00 Costs 193.05 Total $1393.05

T H B Odeneal Clerk

18561202_Judgment_Order

Oregon Territory Benton County SS In the U S District Court in and for said Co Lutishia Carson plff Oct term AD 1856 vs Greenbury Smith Administrator of the Estate of David Carson deceased Deft

I hereby certify that at the above mentioned term of court to wit: on the 25th day of Oct AD 1856 judgement was rendered in said action by a jury for the sum of $1200. damages in favor of the above named plff & against the Estate of said David Carson deceased besides the costs which amounted to sum of $199.75 Judgement and costs amounting in all to the sum of $1399.75.

In testimony whereof I have hereunto set my hand and the seal of said Court affixed this 2d day of December AD 1856 THB Odeneal Clerk

18561202_Subpoena_GB_Smith

Territory of Oregon County of Benton SS To the Sherriff or any constable of said County.

In the name of the United States you are hereby commanded to cite Greenberry Smith Administrator of the estate of David Carson deceased to be found in your County to be and appear before the undersigned Judge of Probate in and for said County on the first Tuesday of January next at one Oclock P.M. then and there at the court house in Corvallis to render his exhibit, and make final settlement of said Estate or show cause if any why an attachment should not issue compelling such attendance.

And have you then and there this citation

Given under my hand this 2nd day of Dec. A.D. 1856 Wm Cardwell Judge of Probate

1857

18570109_Citation Billing_Smith

Citation to G. Smith Admr of D. Carson decd Costs $2.90

The within Citation served by reading to the defendant personally on the 9th day of June 1856

S B Fargo, Sheriff [illegible]

18570223_Billing_Dade

Greenbury Smith Administrator of the Estate of David Carson dcd } To Smith & Dade Atty

For professional services in the case of Letitia Carson & Greenbury Smith administrator of said estate and in probate Court in 1855 and 1856 one hundred dollars $100

Febry 23rd 1857 Smith & Dade Per I N Smith

I N Smith being first duly sworn according to law deposes and says that the above services have been rendered and that the foregoing account is correct and just and that the sum of one hundred dollars yet remains wholly unpaid and due the firm of Smith & Dade for professional services rendered as above stated.

Sworn and subscribed I.N. Smith to before me this day of February AD 1857

E J Harding Clerk District Court 1st Judicial District of Oregon

18570602_Receipt_Jackson

Recd of Greenberry Smith Admr of the estate of David Carson decd forty eight dollars & 67 cents in full of all demands against said estate, June 2nd 1857

Wm Jackson & W L Cardwell

18570602_Receipt_Kelsay

Received $81.12 cts of Green B. Smith as administrator of the estate of David Carson dcd in full of all demands and accounts &c. as administrator of said estate for my services as atty This the 2 day of June 1857.

John Kelsay

18570602_Receipt_L_Carson

Corvallis June 2 1857 Received of Greenbury Smith Administrator of the Estate of David Carson deceased seven hundred & seventy eight dollars & eighty cents being in full of all demands against estate. Lutishia Carson By A. J. Thayer her Atty

18570602_Receipt_Odeneal_(1)

Lutisha Carson Vs G.B. Smith admr Of the Estate of David Carson deceased

Received, Benton Co. June 2d 1857, of Wm L. Cardwell Judge of Probate, the sum of one hundred & twenty nine dollars and sixty three cents, costs in the above entitled cause in the District court for said County.

THB Odeneal Dep Clk of said Court

18570602_Receipt_Odeneal_(2)

Received Corvallis June 2d 1857 of Greenberry Smith administrator of the estate of David Carson, deceased the sum of five dollars in full for printing notices of sale of land belonging to said Estate.

T. H. B. Odeneal