Depositions Concerning Land Where Estill killed


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p.198, Deposition of WILLIAM CALK (taken July 16, 1804, at house of PETER RINGO, before WILLIAM O'REAR near Mount Sterling): That he has been acquainted with some part of the creek from June 1775 but not lower down than the Little mountain and we called it then Small mountain creek and have known it by that name ever since. Question by LEONARD BRADLEY: Would you call the branch you have understood Captain James Estill was killed on a branch or a drain? Answer: I should call it a small branch. Question by same: Could you, from the view of BANTON's entry, have found the place where Estill was killed? Answer: A view of Banton's entry would have been no advantage for me to have found the battle ground but would from my knowledge of Small mountain and the information I have had I could have found the place where Estill was defeated and then having Banton's entry, would have made me believe that was the place he called for. Question by plaintiff: Was it not well known in this country that James Estill was killed on the defeated ground? Answer: I have understood that he was killed on the battle ground.

p.198, Deposition of JOSEPH ROGERS (taken on March 30, 1804, at the place where James Estill was killed in Montgomery County, before JAMES TURLEY and JOHN ROBERTS): That he was engaged in the battle with Captain James Estill against the Indians the time said Estill was killed and that he is now at or near the spot where James Estill was killed which is laid down on a platt by Mr. FALL, surveyor, as will appear by reference to the platt designated by the letter "e" and further saith that he saw an Indian catch and kill James Estill at this spot of ground and on the third day after the battle was fought he returned to this place. with a company of men which he supposed to be about 40 or 50 men to bury the dead and found James Estill dead on this spot of ground. Question by plaintiff: Was not the defeat and death of Captain James Estill a circumstance of great notoriety in this country the first of the year 1783? Answer: It was. Question by same: Was there not signs of the battle being fought on this ground for several years after the battle? Answer: There was signs of bullets being shot in trees and signs where bullets was cut out of trees as I saw the print of bullets when the trees was cut and there was also signs of burying the dead; all of which signs was plainly to be seen for several years after the battle. Question by same: Do you suppose that this place was of such particular notoriety that any person might easily have found it? Answer: I think I could have directed any person that was acquainted with these waters and could have given them such information that they might have easily found it and known the place. Question by same: When was Captain James Estill killed? Answer: In March 1782. Question by ELIJAH CREWS: Are you sure this is the battle ground? Answer: Yes. Question by same: How far from the spot that James Estill fell to main Hingston? Answer" From the mouth of this branch to this place is twenty nine poles, the mouth of the branch is now called Hingston. Question by same: bid you ever know or hear of WILLIAM BANTON having a claim of lands at this place? Answer: No farther than by information. Question by same: Did you ever hear that William Banton withdrew his claim from this place? Answer: I did. Question by same: Did you ever know or hear that Captain MOSELY had a claim of land at this place. Answer: I never knew anything about it until Captain Mosely called on me and have been twice at this place to prove Captain Estill's defeated battle ground. Question by plaintiff: Was not Captain Estill killed near a small drain that empties into a creek now called Hingston twenty nine poles from this spot? Answer: Yes. Question by same: What was this creek called the first of the year 1783? Answer: It was called by some, Small mountain creek, and by others, Calk's branch, and generally understood to be a branch of Hingston. Question by same: How large a piece of ground was the battle fought on? Answer: I suppose it did not exceed ten or twelve acres.

p.200, Deposition of JOHN HARPER (taken March 30, 1804, at the place where Captain James Estill was defeated and killed in Montgomery County, before JAMES TURLEY and JOHN ROBERTS): That he came on this ground in company with a number of men to bury the dead that was killed in Captain James Estill's defeat and found Captain Estill dead on this spot of ground. Question by plaintiff: Was not the defeat and death of Captain James Estill a circumstance of great and particular notoriety in this country, the first of June 1783? Answer: It was. Question by same: When was BENJAMIN WHITE improvement made by which DAVID CREWS as assignee of White claims four hundred acres of land within a few miles of this place? Answer: On the 9th of June 1779. Question by ELIJAH CREWS: Was not this creek called Hingston creek? Answer: It was called Hingston creek, Small mountain creek, and Calk's creek, and generally known by Hingston since 1779. Question by same: How far do you suppose at the time Captain James Estill was defeated, it was from the Small mountain to the battle ground? Answer: I judged it to be two miles at that time.

p.201, Deposition of NICHOLAS ANDERSON (taken March 30, 1804, before JAMES TURLEY and JOHN ROBERTS, at spot where James . Estill was defeated and killed): The defeat and death of Captain James Estill was a circumstance of great notoriety in the year 1783 in this country. Question by plaintiff: When was Benjamin White's improvement made by which David Crews as assignee of said White claims 400 acres of land a few miles from this place? Answer: The 9th of June 1779. Question by ELIJAH CREWS: Was not the creek called Hingston? Answer: it was in the years 1779-1780.

p.201, Deposition of ROGER CLEMENTS (taken March 30, 1804, before JAMES TURLEY and JOHN ROBERTS, at spot where James Estill was defeated and killed in Montgomery county, Kentucky): That he came to this place with 57 men as well as he recollects to bury the dead that lay on Captain James Estill's defeated ground and found a man called Captain James Estill dead on this spot of ground as laid down on a platt by Mr. Fall the surveyor. Question by plaintiff: Was this creek called Hingston or a branch of Hingston? Answer: I always heard it called Little Mountain fork and Calk's creek still alluding to a fork of Hingston from Estill's defeat and for several years afterwards.

p.202, Deposition of GEORGE S. SMITH (taken at home of JOHN MOSELEY, June 17, 1803, in Jessamine County, before GABRIEL MADISON and MENONAH SINGLETON, magistrates): That he resided in this state with DAVID COOK, who was one of the officers with Captain James Estill in his defeat with the Indians on waters of Hingston creek in spring of 1782 in which defeat James Estill the captain of the defeated company, who this deponent understands was killed in battle with the Indians, which spread a general alarm in this country as it was the first hard battle with the Indians in this country. Question by plaintiff: Did you not understand that Captain James Estill was killed on the battle ground? Answer: I did. Question by same: Was it not talked of in this country as a place of great notoriety? Answer: It was. Question by same: Do you hot believe that any person desirous of knowing the place where Captain James Estill was killed, might easily have got such information as they might have' known where it was? Answer: I do, as there was, I understood, 25 or six men engaged in battle and 18 of them escaped in battle and they lived in different parts of this country and also a number of other men from different parts went on the battle ground to bury the dead which consequently was means of obtaining information. Question by same: Was you not generally acquainted in this country? Answer: I was acquainted with nearly all the settlements on the south side of the Kentucky and do know that the event of Captain James Estill's death in battle was notorious and that any person desirous to know where Captain James Estill was killed might easily have obtained such information from the men who was engaged in battle as would have pointed out the spot where Captain James Estill was killed, as I have information of the place bymen who was engaged in the battle with Captain Estill. Question by same: Do you not believe that the place where Captain James Estill was killed was a place of greater notoriety than the Mud Lick, or any other lick that was out of the settlements of this country at the time Captain James Estill was killed? Answer: I believe the place where Captain Estill was killed was of greater notoriety than any other places, that was then out of the settlements, as the event of his death and defeat was a matter of great alarm in this country.

p.203, Deposition of ALFRED WILLIAMS (taken at home of JOHN MOSELY, June 17, 1803, in Jessamine County, before GABRIEL MADISON and MENONAH SINGLETON, magistrates): That he was in this country as a resident previous to November 28, 1782 and that the event of the battle and death of Captain James Estill was subject of great notoriety and that he was killed in battle with the Indians. Question by plaintiff: Did you not understand that there was 25 or 26 men engaged in battle with the Indians at the time Captain James Estill was killed, who were from different parts of the settlements in this country? Answer: I did. Question by same: Did you not understand that there was a company collected from the different parts of this country and went to bury the dead who were slain in battle with Captain Estill? Answer: I did and thereby spread such information of the place where Captain Estill was killed that any person with little trouble might have known where the place was.

p. 204, Deposition of ABIJAH WOODS (taken at house of JOHN MOSELY, June 17, 1803, in Jessamine County, before GABRIEL MADISON and MENONAH SINGLETON, magistrates): That he was a resident of this country at Bryan's station at the time Captain James Estill was killed and defeated by the Indians, on the waters of Licking, and. the place where said Estill was defeated and killed 'was of such notoriety that any person desirous of knowing where the place was, might with little trouble have known where it was. Question by plaintiff: Was you generally acquainted in this country at the time Captain Estill was killed? Answer: I was generally acquainted in this country on north side of Kentucky and in the bounds of my acquaintance the place where Captain Estill was killed was well known.

p.204, Deposition of ROGER CLEMENTS (taken May 20, 1803, before JAMES TURLEY and JACOB COONS, Justices for Montgomery County, at the spot where Captain James Estill was killed): He was an inhabitant of this country in the first of the year 1782' and. that he was one of the party that came on the ground where are at this time to bury the dead that was killed in the battle at the time Captain Estill was killed and found a man lying dead on or near this spot of ground who the company informed this deponent was Captain James Estill., Question by plaintiff: Do you not believe that this place was generally known by the inhabitants of this country previous to the first of the year 1783? Answer: I believe from the common report in this country it was. Question by LEONARD K. BRADLEY: Was there any marks on the trees that caused you to know this place to be the place where Captain Estill was killed? Answer: No other but marks on the trees by bullets. Question by plaintiff: Have you not been frequently on this ground since the battle? Answer: I have and frequently seen the bones of the men that was bulleted on the battle ground.

p.205, Deposition of ENOCH SMITH (taken on May 20, 1803, before JAMES TURLEY and JACOB COONS, Justices for Montgomery County, at spot where Captain James Estill was killed): In,1783 he was in this country surveying off land and on the' west side of the creek above where we are at this time, I saw the bones 'of a human covered slightly with logs and, since, I the deponent, settled with my family in this country near this place. I have seen human sculls [sic] on both sides of the creek which gave me reason to believe that this was the place where Captain James Estill was, defeated. This creek has been known by the name of I Small mountain creek ever since 1775 and that this deponent has 1 always believed this creek to be the waters of Hingston fork ever since the year 1775. Question by plaintiff: Was not the place where James Estill was killed generally talked of by the inhabitants of this country previous to the year 1783 as a place of great notoriety? Answer: I've frequently heard of the battle ground being fought on the waters of Hingston and found the battle ground by human bones about 300 yards from this place and on west side of the creek.

p.205, Deposition of FRANCIS TAYLOR (taken on May 20, 1803 before JAMES TURLEY and JACOB COONS, Justices for Montgomery County, at the spot where Captain James Estill was killed): That he cleared part of the land called Estill's battle ground and while making a fence found a rifle barrel and lock with a greater part of the mounting of a rifle and claimed by DAVID COOK and have frequently seen human bones on the ground called Estill's battle ground and that the gun he found he supposed to be about 300 yards from this place.

p.206, Deposition of JOHN McGIRE (taken on May 20, 1803 before JACOB COONS and JAMES TURLEY, Justices for Montgomery County, at the spot where James Estill was killed): He was an inhabitant of this country at time James Estill was killed and that the said battle ground was a place of notoriety previous to the year 1783. Question by LEONARD BRADLEY: Was there any marks whereby a stranger could know the place where James Estill was killed? Answer: None that I knowed of. Question by same: What was the name of the creek whereon the battle was fought? Answer: It was generally known by the name of Small mountain creek and the waters of Hingston creek. Question by plaintiff: Was there not many scars with bullets on the trees on the ground called Estill's battle ground and human bones likewise near the place where we are now? Answer: There was human bones about 20 yards from this place and scalps of bullets on the trees about 130 yards away.

p.,206, Deposition of THOMAS MONTGOMERY (taken May 20, 1803 before JACOB COONS and JAMES TURLEY, Justices for Montgomery County, at the spot where captain James Estill was killed): That he was in this country previous to the year 1783 and that the place where James Estill was killed was a place talked of as a place of great notoriety, by many people in this country but was not at the battle ground until after the year 1783.

p.206, Deposition of JOHN HARPER (taken before JAMES TURLEY and JACOB COONS, magistrates for Montgomery County, on May 20, 180,3, at spot where James Estill was defeated and killed): That he piloted the company to this place that came to bury the dead that was killed in the battle with James Estill, and he found James Estill dead on, or .very near, this spot of ground and that . he was well acquainted with this spot of ground previous to the battle. Question by plaintiff: Do you not know that this place was a place of great notoriety previous to the first of the year 1783? Answer: It was from the time of the battle being fought, and was ever since called Estill's battle ground. Question by LEONARD BRADLEY: What was the creek called where the battle was fought? Answer: It was generally called Little Mountain creek. Question by same: Was there any marks by which a stranger could know this place to be the place where Estill was killed? Answer: None, other but by the trees being scalped 'by bullets and the bones of the people that were buried on the ground which was plain to be seen'the first of the year 1783. Question by plantiff: Was the creek whereon the battle was fought known to be the waters of Hingston creek? Answer: It was.

p.207, Deposition of JOHN SOUTH, SR. (taken July 27, 1804 before WILLIAM O'REAR, a single magistrate. at the Estill's battle ground in Montgomery County): I have known this creek from the fall of 1778. I knew it was called Calk's creek for said Calk's spring and improvement to Little Mountain, then Small mountain creek to the mouth of Sassafras and from there it was called Hingston. Question by LEONARD BRADLEY: How far is it from Estill's battle ground to the mouth of what was then called Sassafras? Answer: I suppose it is even or eight miles from information below here down said Small mountain creek'. Question by same: Does not this branch of the east side of Small mountain creek, on which Estill was found, run into Small mountain creek? Answer: Yes, from information of my son, this is the branch Estill was found dead on --the branch we are now at the mouth of. Question by plaintiff: Does not this and several other creeks and branches that get together between here and seven or eight miles below here, make what you call Hingston? Answer: I suppose all the branches that comes into Small mountain creek and Sassafras above the forks helps to make Hingston. Question by same: When you heard that Estill was killed could not you, from the information you had, found the place? Answer: I could have found the battle ground. Question by same: Was it not generally known in this country that Estill was killed on the battle ground where he was defeated? Answer: I was so informed and I believe it was generally understood that he was killed on ground where the battle was fought. Question by LEONARD BRADLEY: From what stations were the men collected to bury the dead after the battle? Answer: I believe from Strode's, McGee's and Boonesborough.

Survey by WILLIAM O'REAR, Surveyor, Montgomery County, dated 1st and 2nd February 1803, showing WILLIAM BANTON's entry of 500 acres place where James Estill began his battle at time he was killed," THOMAS MOSELY's 1,650 acres, BENJAMIN WHITE's improvement, WILLIAM HAYES' 1,000 acres, and DAVID CREWS' survey.

"Agreeable to order of the Honorable Circuit Court of Fayette County I have proceeded to amend the above survey and alluded on the 16th day of July 1804 and by direction of LEONARD BRADLEY and 'ELIJAH CREWS, began at the mouth of small branch I began to lay down Danton's entry being the branch proven that Estill was found dead on...I then measured from the different places shewn and proved by JOHN McINTIRE, where they found the dead lying when they came to bury the dead after the defeat, as represented on the platt 1,2,3,4,5. The place marked 4 [square] is where Captain James Estill was found dead and is South 71, West 29 poles: to the mouth of said branch. Then I measured up the creek from mouth of said branch 79 poles to another small branch. The figures on plat represent the place where the men first discovered the enemy and dismounted, as shown and proved by HENRY DOZERS. The figures 7 and 8 represent the branch Estill was killed on. The figures 9 and 10 the ridge. The creek that the branch James Estill was killed on, empties into is Small mountain creek. The ground within the bounds of the dead is about 7 1/2 acres.

Verdict for Complainants appealed.  

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