Hogue, William vs. David McGraw

Description:	The file contains the documents related to the suit William Hogue brought against David McGraw for Trover and Conversion of a gun. In the July Term 1811, William Hogue by his attorney, Henry Hurst , filed a complaint against David McGraw of trespass for trover and conversion of a gun. The complaint stated that Hogue lost a gun, McGraw found the gun and knew it belonged to Hogue. Hogue had requested the return of the gun, but McGraw refused. The Complaint also stated that William Hogue put in Henry Hurst as his attorney in this action. On the verso side of the Complaint was written; David McGraw by Gen. W. Johnston, his attorney defends the wrong and injury and pleads not guilty and puts himself before the Country. And the said William the Plaintiff doth the like. Hurst. Also written on the verso; We of the Jury find the Defendant not guilty. W. Carrothers F (foreman). The second document was the deposition of Mrs. Francis who was to testify for David McGraw. In the deposition, she was asked about a Walter Smith. She stated she knew Walter Smith, a man of color, and she was acquainted with David McGraw and his wife. She stated that Mrs. McGraw had made leather overalls and a waist coat for Smith. She also knew the wife had done summer washing for Smith in the year 1810. Mrs. Francis reported to live on Marie (maybe Mariah Creek?) Smith lived sometimes at P.Mc Neelys and sometimes over the River, he had no dwelling place. Mrs. Francis stated that McGraw lived less than a half a mile from her. She knew about the gun Smith had and it was the same gun that McGraw had because Smith left the gun a the McGraws because he sometimes stayed with them. When questioned about what had become of Smith, his master sent for him and took him home, is name was not Smith. After he was taken by Clark the person who was sent for him, She did not know Charles Clark, the person who took Walter Smith. When questioned about the gun, she stated she understood it was taken by the constable and sold for the benefit of David McGrew. A Summons was issued for David McGraw to be in court the last Monday in July 1811. He was to answer unto William Hogue in a pleas of Trespass for Trover and Conversion and damages of thirty dollars. The Summons was issued by R.[Robert] Buntin, Clerk, CPKC, and executed by B [Benjamin] Beckes D.S. with costs of serving at $1.19. A Subpoena was issued for Henery [ Henry] Francis to appear at court on Decemberr 16, 1811 on behalf of David McGraw at the suit of William Hogue. This was issued by R Buntin on December 16, 1811 and executed by John I Neely, D. Shff on December 16, 1811 with cost of serving $00.85 12. Henery [Henry] Francis was Subpoenaed to appear December 23, 1811 on behalf of David McGraw in the suit of William Hogue. R Buntin, Clerk issued the Subpoena on December 16, 1811 and it was executed by John I. Neely, D. Shff with $.88 1/2 cost to serve. On December 30, 1811, William Carruthers was Subpoenaed to testify on behalf of David McGraw at the suit of William Hogue. R Buntin issued the Subpoena on December 24, 1811 and it was executed December 28, 1811 by John I. Neely, D. Sh with $00.94 1/2 added for serving. John D. Hay was Subpoenaed to be at court now sitting on behalf of David McGraw at the suit of William Hogue. It was issued by R. Buntin December 24, 1811 and executed by John I. Neely on December 24, 1811 for $.46 1/2. William Carruthers was Subpoenaed now on behalf of David McGraw at the William Hogue. It was issued by R Buntin March 16, 1812 and executed by John I. Neely March 16, 1812 with $.46 1/2 added for serving. According to the Knox County Minute Book of the Court of Common Pleas 1811 -1817 pages 38 and 48; the parties appeared during the November Term 1811 and the cause was continued. During the March Term 1812, the parties appeared by their attorneys. The Jury consisted of: William Carruthers, James Watson, Levi Elliot, Benjamin Foreman, Henry Ruble, Robert Alexander, David Willkins, John Adams, William Bailey, Hugh Kelly, Samuel Middleton, and Amos Adams. The jury for the Defendant not guilty and it was ordered that the Defendant recover costs and charges in the cause.
Origin:	2018-08-01
Created By:	Indiana Territory. Court of Common Pleas (Knox County);
Contributor(s):	Johnson, James; McClure, Daniel;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/24846
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Costs (Law) -- Indiana Territory Court records -- Indiana Territory -- Knox County Damages -- Indiana Territory Depositions -- Indiana Territory Indentured servants -- Indiana Territory Judges -- Indiana Territory Judgments -- Indiana Territory Jurors -- Indiana Territory Firearms -- Indiana Territory Personal property -- Indiana Territory Slavery -- Indiana Territory Summons -- Indiana Territory Subpoena -- Indiana Territory Trover and conversion -- Indiana Territory Court Records

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