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Depositions Concerning Land Where Estill Killed p.175, September 16, 1804, THOMAS MOSELY v. JOHN HARMON, ANDREW JOHNSON, JOHN KEITHLEY, WILLIAM RIBELAN and ELIZABETH WOOLS, PHILLIP WOOLS and DANIEL WOOLS, administrator of CHRISTOPHER WOOLS, deceased, and EDMUND BUTT. Case was removed from Quarter Session Court in Montgomery County to Fayette Circuit Court. Bond of ANDREW JOHNSON and JOHN HARMON for 50 pounds dated March 12, 1800, with DAVID CREWS as security. p.177, Petition
recites: On the first day of January.1783 your orator Thomas Mosely made an
entry on a treasury warrant No. 11376, entering 1,650 acres and having surveyed
the same according to location obtained on the [blank] day of April in the year
1798 a patent for same. A certain John Keithley, William Ribelan and Elizabeth
Wools, Phillip Wools and Daniel Wools, administrator of Christopher Wools
deceased, who he prays may be made defendant as, he understands has actually
settled upon your orators claim, under an entry made in 1783 in name of WILLIAM
HAYES for 1,000 acres on a treasury warrant. And Andrew Johnson and John Harmon
has settled on your orators claim under an entry originally made by DAVID CREWS
for 400 acres, and EDMUND BUTT has actually settled on your orators claim under
entry originally made by JACOB MYERS...and said defendants has deeds for
conveyance for apart or whole of the aforesaid claims which has been surveyed
contrary to location... Whereupon your Orator prays relief. H.
CLAY for Complainant. p.
179: Copies of various entries, as
named in petition: November
28, 1872, WILLIAM BANTON enters 500 acres land upon a treasury warrant no. 785
lying upon a branch of Hinkston Fork beginning where JAMES ESTILL was killed and
running down a branch northeastwardly then eastwardly then for quantity. January
1, 1783, THOMAS MOSELY enters 1,630 acres on treasury warrant No.11376 on waters
of Hingston fork adjoining William Banton. WILLIAM
HAYES, assignee, enters 1,000 acres land on part of treasury warrant No.17849 on
waters of Licking, east corner of THOMAS JAMMERSON's first entry of 1,000 acres
that joins ENOCH SMITH...running with his line to DAVID JAMMERSON's line... October 26, 1780, DAVID CREWS, assignee of BENJAMIN WHITE, enters a preemption warrant of 400 acres on east side of Licking three miles from NICHOLAS ANDERSON's line… p.184,
Deposition ,of MOSES BLEDSOE, taken before JAMES TURLEY and JACOB COONS,
Justices of the Peace for Montgomery, County (taken at place where JAMES ESTILL
was killed, May 20, 1803): That he came to Kentucky in fall of the year 1781 and
stayed until the time of James Estill's battle wherein he was killed and he, the
deponent, was drafted to serve on a tour to release the party that was with
Estill in the battle and did serve as guard at said Estill's station forty days
from whence we sometimes went out on a scouting party and also docknow that the
battle of Estill was then a matter of great note in Kentucky and I also heard
the particular place where it was often mentioned and did then consider it as a
place well known by a considerable number of the people at that time. Question
by complainant: Were you not at a, number of the most noted settlements in
Kentucky about that time? Answer: I was at Lexington, Bryan's station, Craig's
station, Logan's, Boonesborough, Grant's, Danville, and many others of the most
noted stations. p.185:
Deposition of JOSEPH PROCTOR (taken at Colonel MILLER's Tavern at Richmond,
Madison County, Kentucky, on August 1, 1803, before. JOHN KINCAID, Justice of
the Peace): That he was a resident of this country at time Captain JAMES ESTILL
was killed and was' in the engagement with the Indians at the time. Question by
plaintiff: Was the battle fought by Captain James Estill in which he was killed,
a circumstance of great notoriety in this country at that time? Answer: It was.
Question by same: when was the battle fought? Answer: In Spring 1782. Question
by same: Was not the place where Captain James Estill was killed a place of as
great notoriety as the Mud Lick, or any other noted place out of the settlements
at that time? Answer: It was. Question by same: Do you not believe that any
persons desirous of knowing the place where Captain James Estill was killed
might easily have got such information as might have enabled him to have found
the place with ease? Answer: I do. Question by same: How many men was engaged in
the battle? Answer: Twenty five. Question by same: were they not collected from
different stations in this country? Answer: They were. Question by same: Did you
see an Indian kill Captain James Estill? Answer: I did. Question by same: Where
was Captain James Estill killed? Answer: He was killed on Hingston Creek about
two miles below Small mountain. Question by same: Did you go on the battle
ground with others to bury the dead a few days after the battle was fought?
Answer: I did. Question by same: How many men do you suppose was in the company
with you when you buried the dead on Estill's battleground? Answer: I believe
there was between 40 and 50 men. Question by same: Were the men who went with
you to bury the dead collected from different settlements in this country'?
Answer: They were. Question by same: Did Captain James Estill lay on the same
spot of ground when you went on the battle ground to bury the dead that he was,
killed on'? Answer: I think he did. Question by DAVID CREWS: Was there any marks
whereby the place could be known on the trees or any other marks whereby it
could be known now'? Answer: Yes, there was a bend in the creek and a small
branch that put in about the place that the battle began which was at a Buffalo
crossing on the creek. The branch come in on the east side of the creek.
Question by same: How far was Estill killed from the place where the battle
first began'? Answer: About 145 steps. Question by plaintiff: Was there not
marks of bullets and signs of burying the dead on the battle ground the first of
January 1783 where by a stranger might have been directed in such a manner that
he might easily have found it? Answer: There was. p.186, Deposition of SAMUEL
ESTILL (taken in Madison County on August 1, 1803 before JOHN KINCAID, Justice 0£
the Peace): That the event of Captain James Estill's defeat and death was a
circumstance of great notoriety in this country as he was killed as this
deponent understands on Hingston creek, near Small Mountain, by the Indians in
battle. p.187, Deposition of BENJAMIN PROCTOR (taken in Madison County on
August 1, 1803, before JOHN KINCAID, Justice of the Peace): That the event of
Captain James Estill's defeat and death was a circumstance of great notoriety in
this country as he was killed, as this deponent understood, on Hingston creek
near Small mountain by the Indians in battle. p.187,
Deposition of DAVID LINCH (taken in Madison County on August 1, 1803 before JOHN
KINCAID, Justice of the Peace): That he was in the battle with the Indians on
Hingston creek some distance below Small mountain the time Captain James Estill
was killed and that the event of his, said Estill's, defeat and death was a
circumstance of great notoriety in this country and that he supposes there was
signs of battle to be seen on the battle ground several years after the battle
was fought, that a person might have known the place. p.187,
Deposition of SAMUEL GILBERT (taken in Madison County on August 1, 1803, before
JOHN KINCAID, Justice of the Peace): That he was a sojourner in this country in
spring of 1782 and that the event of Captain James Estill's defeat was a
circumstance of great notoriety in this country. p.187,
Deposition of GREEN CLAY (taken in Madison County on August 1, 1803, before JOHN
KINCAID, Justice of the Peace)" He has lived in Kentucky since the fall of
1780 and that he hath often generally heard the place called Estill's defeat
ground I spoken of as a place of much notoriety from the extraordinary
circumstance of Captain James Estill's being defeated there and the number of
men then along who afterwards visited the said place and that he, this deponent,
always understood that Captain Estill had
with him in the battle twenty five men and they had been collected from the
different parts of the country and that the defeat was about the latter
end of the winter or early spring of 1782. p.188.
Deposition of JOHN COLLIER (taken before JAMES TURLEY and WILLIAM O'REAR, at the
place where Captain James Estill was killed, on a branch of Hingstons creek on
September 6, 1803): He was a resident of this country at the time Captain James
Estill was killed and defeated and was called on to make a tour to the place
where the battle was fought in order to bury the dead but being unwell was
excused, but remembers that direction was given how to find the battle ground,
that he, this deponent, could easily have found it and that he, this deponent,
recollects that it was on waters of Hingstons creek. Question by plaintiff: Was
not Captain James Estill a man much respected as a valiant officer in this
country? Answer: He was. Question by same: Was not his death much lamented in
this country? Answer: It was. Question by same: Was it not well known that
captain James Estill was killed in the battle where he was defeated and near the
place where the battle began? Answer: From the general report he was killed in
the battle when he was defeated and near the place where the battle began.
Question by same: Was not the place where Captain Estill was killed of as much
notoriety as the Mud Lick? Answer: It was, or any other place of notoriety that
was out of the settlements at that time. Question by same: How many men were
sent to bury the dead on Captain Estill's defeat ground? Answer: From common
report I think there was about fifty and they were collected from the different
parts of the settlement in this country. Question by same: When was Captain
James Estill killed? Answer:
In the spring of the year 1782. Question by same: From the great notoriety of
Captain Estill's death do you not believe that any person desirous of finding
the place where he was killed might easily have got such information that would
have enabled him to have found the place? Answer: The place was so particularly
described that I know that I could have found it and believe that any other man
with common understanding might also have found the place for several years
after Captain Estill's death. Question by same: Did You not live at the time of
Captain Estill's was killed in a popular part of this country? Answer: I did, I
lived in the forks of Dick's river and the neighbors lived on their own farms.
Question by same: Are we not now on a branch of Hingston's creek? Answer: We
are. Question by ELIJAH CREWS in behalf of DAVID CREWS: Do you know this to be
the branch that Estill was killed on? Answer: I do not, only from information.
Question by same: Do you believe that Estill's battle ground was a place .of as
great notoriety then as the Mud Lick is now? Answer: Not to me for I knew
nothing of Mudlick then. p.189, Deposition of JOSEPH RICE (taken before JAMES TURLEY and WILLIAM O'REAR at the place where Captain James Estill was killed, on a branch of Hingstons creek, on September 6, 1803): He came to this country about December 1, 1782 and that he frequently heard the place where Captain James Estill was killed spoken of as a place of great notoriety. Question by THOMAS MOSELY: Did you travel in fall of the year 1782 to many of the settlements of this country? Answer: I was at Boonesborough, STRODE's, McGEHEE's, HOY's, and several other settlements in this country and generally heard the place where Captain James Estill was killed talked of as a place of great note and his death much lamented. Question by same: Where did you understand Captain James Estill was killed? Answer: In the fall of 1782 it was generally said by the citizens of this country that Captain Estill's defeat and death was on Hingston's near the Little Mountain. Question by same: Are you not now on a branch of Hingston? Answer: I am now on the branch of a creek called Hingston. Question by ELIJAH CREWS: Do you know this to be the place where Captain Estill was killed? Answer: I do not but have been often shewed this as the ground where James Estill was defeated and killed. p.189,
Deposition of JOHN PLEAKENSTALVER [written Plank & Stalver] (taken before
WILLIAM O'REAR and JAMES TURLEY, Justices of the Peace, at the place where
Captain James Estill was killed, September 6, 1803): He was a resident in this
country previous to the year 1782 and ever since and was well acquainted with
Captain James Estill and well recollects the circumstances of his defeat and
death which happened in latter part of winter or early in spring of 1782 and
that the place where said Estill was defeated and killed was talked of as of
great notoriety by the people in this country for several years after Captain
James Estill's death. Question by THOMAS MOSELY: Where was Captain James Estill
killed? Answer: I always understood he was killed on Hingston about 2 or 3 miles
below Small mountain. Question by same: Was not the place where Captain James
Estill was killed a ,place 9f as much notoriety as the Mud Lick in the year
1782? Answer: I believe by the inhabitants of Boonesborough it was much better
known. Question by same: Was not Captain James Estill a man much respected as a
valiant officer and his death much lamented in this country? Answer: He was much
respected as a good officer and , his death was much lamented. Question by same:
Are you not now on , a branch of Hingston? Answer: 'I am now on a branch that
runs into a creek called Hingston. Question by ELIJAH CREWS: Do you know.' this
to be the place where Captain James Estill was killed?' Answer: I do not, only
from information. Question by same: Does' not the branch we are now on empty
into main Hingston? Answer: Yes, it does to the best of my knowledge. Question
by plaintiff: Was you not acquainted with this ground previous to Captain James
Estill's defeat and have you not known this ground ever since his defeat by the
name of Estill's battle ground? Answer: I knew the ground before Captain
Estill's defeat and have ever since known it by name of Estill's battleground.
p.190,
Deposition of HENRY BOYERS (taken 'on September 6, 1803 before WILLIAM O'REAR
and JAMES TURLEY at the place where Captain James Estill was defeated and
killed): I was with captain James Estill on Hingston in latter part of winter of
the early spring of 1782 the time he, the said Estill, was defeated and killed,
and was engaged in the whole of the battle, which was a hard fought battle.
Question by THOMAS MOSELY: Are you now on the battleground? Answer: I think from
appearance of the ground and course of this creek that I am now at the place
where the battle was fought in which Captain James Estill was killed. Question
by same: How large a piece of ground was the battle fought or in which Captain
Estill was killed? Answer: About two hundred yards square. Question by same: Was
it not generally known that Captain Estill was killed on the battle ground
fought by him with the Indians on Hingston in year 1782? Answer: It was.
Question by ELIJAH CREWS: Are you certain that this is Estill's battleground?
Answer: To the best of my knowledge it is. Question by same: Do you know this to
be Estill's, that is, on the branch Estill was killed on. Answer: I do not but
always understood he was killed on the battleground and there is no other
branch, I believe, within the bounds of the battleground. Question by same: Do
you know of any other creek called Hingston but this where the battle was
fought? Answer: Not in this quarter, I never heard of any. p.191. Deposition of WILLIAM CALK (taken on September 6, 1803 before WILLIAM O'REAR and JAMES TURLEY, Justices of the Peace, at a place where Captain James Estill was defeated and killed): He was a resident of the country at time Captain James Estill was defeated and killed. His death was a circumstance of great notoriety in this country. Question by THOMAS MOSELY: Was it not well mown in this country in year 1782 that Captain Estill was defeated and killed on waters of Hingstons, a small distance below Small mountain? Answer: From reports of some of the men that was in the battle and the men that came to bury the dead, I believe the place was generally known where Captain James Estill was killed which was about two miles down the creek from Small mountain. Question by ELIJAH CREWS: Was the creek that Estill' s battle was fought on called Hingston creek in 1782. Answer: In the year 1775 I and the company with me gave it the name of Small mountain creek, and I believe it has gone by that name ever since, though from examination it is found to be Hingston's fork or the waters of Hingston’s fork of Licking. Question by the same: Do you know this to be Estill’s Battle Ground? Answer: At time of the battle I was living at Boonesborough. Some of the men from that station that was in the battle came to that place after the battle and the men that came out to bury the dead said that the place where the battle was fought and said Estill killed was about two miles below Small mountain on said creek. p.192,
Deposition of JILLSON PAYNE (no date or place shown): That he lived in Fairfax
County in state of Virginia in the year 1782 and that he frequently, while
living in Virginia, heard the circumstances of Captain James Estill defeat and
death spoken of as a subject of notoriety. Question by plaintiff: Did you hear
while living in Virginia where the place was that Captain James Estill
was killed? Answer: I did hear it frequently said in Virginia that Captain James
Estill was killed on waters of Hingston on a small creek called Small mountain
creek. Question by same: Is not the creek which was formerly called Small
mountain creek, now called Hingston? Answer: I believe it is. Question by ELIJAH
CREWS: Is the creek this branch empties into Main Hinkston? Answer: I do not
know. Question by same: Is this the same spot where Captain James Estill was
killed? Answer: I do not know, but have been shewn round bout here to be
Estill's battleground. p.192, Deposition of JOHN HARPER (taken at a large Ash on waters of Slate creek, said Ash being marked with letters "White 1779" said to be BENJAMIN WHITE’s improvement, September 7, 1803, taken at request of DAVID CREWS, SR., before JEREMIAH DAVIS and WILLIAM O’REAR, magistrates): That he was at this place in June 1779 and himself, Mr. NICHOLAS ANDERSON and EDWARD WILLIAMS and Benjamin White and others made this improvement for Benjamin White and at the same time we marked a beech for PETER HARPER over the other side of a small branch, the branch was to divide the land between said White and Harper, and the winter following, when the commissioners set for receiving lands, this place was proved for Benjamin White’s claim for 400 acres. Question by David Crews, Sr.: Was there not a number of persons present when you made this improvement for Benjamin White? Answer: I think there was fourteen or fifteen. Question by same: Was not STRODE's station the nearest place to this, that there was white people living? Answer: Yes, it was. Myself and the people with me all lived at Boonesborough. There was a great crowd of people there at the time lying in their claims to the commissioners. Question by same: What improvements was made at the place improved by Benjamin White? Answer: There was some bark taken off a large black ash tree and the letters "B. White" marked on tree and the figures 1779 cut on said tree which yet appears and some bushes cut down around the tree. This improvement was in the Wild buffaloe woods. Question by same: Do you believe that any person could have been directed from Boonesborough to this place at time Benjamin White laid his claim before the commissioners so as they could have found it? Answer: I should have supposed not, except it was one of the company that was the making of the improvement. Question by same: Was not Captain James Estill defeated and killed within a few miles of this place? Answer: I found him lying dead on the waters of Hingston a few miles from this place. Question by same:-Was not the place where Captain James Estill was killed a place of great note in this country in the year 1782? Answer: from the time the battle was fought, it was a great deal talked of in this country. Question by same: Did Benjamin White at the time of making this improvement inform the company what way he would layoff his lands? Answer: No, no further than on this side of the creek alluded to before, but in no particular form as we did not know at that time how we was to obtain lands. p.194, Deposition of NICHOLAS
ANDERSON (taken at a large black; ash tree on waters of Slate creek, September
7, 1803 before JEREMIAH DAVIS and WILLIAM O'REAR): He was here in June 1779 and
we marked this ash here and a beech tree on other side of the branch. PETER
HARPER was to have the other side of the branch, where the beech was 'and
Benjamin White, this side where the ash tree is. The branch was to divide them.
Question by DAVID CREWS, SR.: Was this place proven before the commissioners for
Benjamin White's improvement. Answer: It was so. Question by same: Was there not
a number of persons present when you made this improvement for Benjamin White?
Answer: Yes, about 14. Question by same: Was not Strode's station the nearest
place to this that white people lived at that time? Answer: I believe it was,
the people with me at the making of this improvement resided at Boonesborough.
Question by same: Was not a great number of people at Boonesborough and resorted
there when Benjamin white laid in his claim to the commissioners? Answer: At the
time the Commissioners […] there was a good many. Question by same: Was not
Benjamin White here and endeavoring to defend this country at that time? Answer:
He was listed a soldier under Captain HOLDER. We understood he was killed by the
Indians. Question by plaintiff: Where did Benjamin White make his improvement
that he obtained his preemption? Answer: At this spot. I understood Mr. Crews
cleared out the lot the one half for the other. Question by same: What
improvement was made at the place improved for Benjamin White? Answer: There was
some bark taken off a tree and I he sat his name and some figures - 1779 - part
of which remains yet. Question by same: Was not Captain James Estill defeated
and killed within a few miles of this place? Answer: I understand so. Question
by same: Was not the place where Captain James Estill was killed, a place of
great note in this country in the year 1782? Answer: It was generally known by
the people living at Boonesborough. Question by same: How many tracts of land
had you on waters of Licking on October 26, 1780? Answer: I had two both
adjoining. Question by same: How far do you suppose it to be from I this
place to your land? Answer: As nigh as I can guess about 3 or 4 miles. Question
by DAVID CREWS, SR.: Was not you here when Mr. Payne and Mr. POAGUE marked a
sugar tree with the letters "j.i.p." at the time I established this to
be White's improvement? Answer: Yes, I was here and also EDWARD WILLIAMS, JOHN
HARPER and others. p.196,
Deposition of JOHN McINTIRE (taken before a single magistrate, WILLIAM O'REAR,
at house of PETER RINGO, near Mt. Sterling, July 16, 1804): The place marked
[square] at the figures 1,2,3,4,5 represents the places where we found the dead
at Captain James Estill battle ground, on what was then and is now called Small
mountain creek and that from the place marked [square] at the figure four layed
down in the connected platt is about five miles from the head of Small mountain
creek and that he always knew Captain James Estill to be called by that name
ever since the year 1780. Question by LEONARD K. BRADLEY: Did you Did you make
any particular mark where you found said Estill's dead? Answer: I do not
recollect that we did make any marks. Question by plaintiff: Was you one of the
men that came to bury the dead, on Estill's defeated ground? Answer: I was and,
with about 40 others. Question by same: Were not the men collected from
different stations in this country? Answer: They were, the most of them,
collected from Boonesborough, Strode's, Hoy's, Estills, and McGee's stations and
there might have been some from other places I do not recollect. Question by
same: Was not the death and defeat of Captain James Estill a circumstance of
great notoriety in this country in years 1782 and 1783? Answer: The death and
defeat of Captain James Estill was much talked of in them years. Question by
same: Do you not believe you could have directed a tolerable woodsman so that he
could have found the place where you found James Estill's dead that was killed
by the Indians? Answer I believe I could for 2 or 3 years after the battle. It
was on waters that run into Hingstons fork of Licking. The place marked [square]
on this platt is the place where I found James Estill dead. Question by same:
How many men did you find on Estill's defeated ground? Answer: I believe seven.
Question by same: How large a piece of ground do you think the dead lay on?
Answer: I suppose 12 or 15 acres. Question by same: Was Captain a part of James
Estill's name, or only a title? Answer: Captain James Estill was frequently
called Captain Estill but I knew his name to be James Estill. Question by same:
What signs were on the defeated ground that you could have directed a stranger
that was a tolerable good woodsman to have found it?
Answer: The manner we buried the dead by covering them with logs and
chunks, and other places on small mountain creek of notoriety I was acquainted
with, to wit, Little Mountain, CALK'S cabbin and spring, etc. Question by
Leonard Bradley: How far was the two farthest stations apart that the men was
collected from to bury the dead? Answer: I believe about 24 or 25 miles.
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