Gray, Jenny vs James Dunkin

Gray, Jane vs James Duncan

Description:	This file contains the documents in a court case in which Jenny Gray seeks to recover $100 from James Dunkin (Duncan) for damages. The documents include 1 summons, 10 subpoenas, 1 exception, 1 list of witnesses, 1 court cost bill, 1 contract, 1 deposition, 1 security bond, 1 recognizance bond, 1 complaint, 1 plea, 1 list of arbitrators, 1 award by arbitrators, and 1 precipe (written instructions to the clerk of the court). The summons, dated October 31, 1812, calls for James Dunkin to be found, safely kept, and brought before the Court of Common Pleas on the last Monday of November 1812 and answer unto Jenny Gray in a plea of trespass to the damages of $500. The summons was witnessed and signed by court clerk Robert Buntin and executed by sheriff Parmenas Beckes at a cost of $2.17. The first subpoena calls for Daniel Martin, Thomas Gray, and William Young to give evidence on behalf of the plaintiff Jenny Gray on the 3rd Monday of August 1813. This subpoena, dated July 26, 1813, was witnessed and signed by court clerk Robert Buntin and executed by sheriff Parmenas Beckes at a cost of $1.26. The second subpoena calls for John Eaton (Eadon), James Black, William Dunkin, and Joshua Dunkin to give evidence for the defendant James Dunkin on the 3rd Monday of August 1813. This subpoena, dated July 29, 1813, was witnessed and signed by court clerk Robert Buntin and executed by sheriff Parmenas Beckes at a cost of $1.86. The third subpoenas called for David Cole and Gabriel (Gabril) Bunch to give evidence for the defendant on the 3rd Monday of August 1813. This subpoena was witnessed and signed by court clerk Robert Buntin and executed by sheriff Parmenas Beckes at a cost of $1.20. The fourth subpoena called for Daniel Martin, Thomas Gray and William Young to give evidence on the third Monday of November 1813 on behalf of the plaintiff. This subpoena, dated October 25, 1813, was witnessed and signed by court clerk Robert Buntin and executed by sheriff Parmenas Beckes at a cost of $2.04. The fifth subpoena called for David Cole and Gabriel Bunch to give evidence on the third Monday of November 1813 on behalf of the defendant. This subpoena, dated October 25, 1813, was witnessed and signed by court clerk Robert Buntin and executed by sheriff Parmenas Beckes at a cost of $2.04. The sixth subpoena called for John Eaton (Eton) to give evidence on November 18, 1813 on behalf of the defendant James Dunkin. This subpoena, dated November 17, 1813, was witnessed and signed by court clerk Robert Buntin and executed by sheriff Parmenas Beckes at a cost of $.88 1/2 cents. The seventh subpoena called for James Beard, William Gray, and Benjamin Adams to give evidence on the third Monday of November 1813 on behalf of the defendant. This subpoena dated November 8, 1813, was witnessed and signed by court clerk Robert Buntin and executed by sheriff Parmenas Beckes at a cost of $2.41 1/2 cents. The eight subpoena called for Ann Gray and Peggy Martin to give evidence on behalf of the plaintiff. This subpoena, dated November 16, 1813, was witnessed and signed by court clerk Robert Buntin and executed by sheriff Parmenas Beckes at a cost of $2.04. The ninth subpoena called for John Jordan, James Black, William Duncan, and Joshua Duncan to give evidence on the third Monday of November 1813 on behalf of the defendant. This subpoena, dated November 25, 1813 (perhaps incorrectly), was signed and witnessed by court clerk Robert Buntin and executed by sheriff Parmenas Beckes at a cost of $3.01 1/2 cents. In the exception, the defense offered to introduce John Eaton, who they claim sold the property the plaintiff had rented to the defendant James Dunkin, and that the lease to the plaintiff was out before the defendant purchased the property. The plaintiff objected and the court sustained the objection, to which opinion the defendant objected. The exception was signed by judges Luke Decker and Abel Westfall. The list of witnesses for the defense included James Black, John Eaton, Gabriel Bunch, William Dunkin, Joshua Dunkin, and David Cole. The court cost bills final total was for $75.62. The contract was a rental agreement between John Eaton and the plaintiff Jenny Gray. Gray was to pay Eaton 10 bushels of corn per acre, to be delivered on January 2, 1814. The final subpoena, called for William Young to come before a justice of the peace in Knox County and give evidence by oath. This subpoena was dated August 12, 1813 and witnessed and signed by court clerk Robert Buntin. On the verso of the final subpoena is the deposition, which states that on August 13, 1813, justice of the peace Elihu Stout took the evidence of William Young, a ranger in the US service under orders to march to St. Louis. Young stated that in the spring of 1811, he went to the farm rented by Jenny Gray from William Eaton, which was 3 or 4 miles above Will Hogues on the north west side of the Wabash River. There Young witnessed the corn crop, 130 to 140 bushels, in good order and protected by a rail fence from the horses and hogs The deposition was taken, sworn, and subscribed before Elihu Stout on August 13, 1813. The security bond of $500 was undertaken and signed by Mark Dunning on May 20, 1813. The recognizance bond for $500 bound James Dunkin and Samuel McClure to appear before the Court of Common Pleas on the first day of December, 1812 to answer unto Jenny Gray in a plea of trespass for $500. The bond was signed by James Dunkin and Samuel McClure. The complaint by Jenny Gray stated that James Dunkin did in 1812 break and enter her house, committed outrages and allowed hogs, horses, and cows to damage the corn. The complaint was signed by General Washington Johnston, attorney for the plaintiff. On the verso of the complaint is the defendants plea of not guilty, which was signed by his attorney John Johnson. The appointment letter of the arbitrator listed Peter Jones, John D. Hay, and Daniel Sullivan and was witnessed and signed by court clerk Robert Buntin. The arbitrators award, of $18.75 for the plaintiff, was dated November 19, 1813 and signed by the arbitrators. The precipe was the written instructions of the defendant James Dunkin to court clerk Robert Buntin, asking Buntin to subpoena James Black, William Dunkin, Joshua Dunkin and Gabriel Brunch.
Origin:	2018-10-10
Created By:	Indiana Territory. Court of Common Pleas (Knox County);
Contributor(s):	Decker, Luke; Westfall, Abel; Beckes, Benjamin;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/25609
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Accounts -- Indiana Territory Bonds -- Indiana Territory Cattle -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Corn -- Indiana Territory Court records -- Indiana Territory -- Knox County Damages -- Indiana Territory Depositions -- Indiana Territory Fences -- Indiana Territory Horses -- Indiana Territory Arbitrators -- Indiana Territory Farms -- Indiana Territory Judges -- Indiana Territory Judgments -- Indiana Territory Jurors -- Indiana Territory Jury -- Indiana Territory Lawyers -- Indiana Territory Livestock -- Indiana Territory Oaths -- Indiana Territory Personal property -- Indiana Territory Pleading -- Indiana Territory Bonds -- Indiana Territory Subpoena -- Indiana Territory Summons -- Indiana Territory Swine -- Indiana Territory Wabash River Witnesses -- Indiana Territory Johnston, Genl W. (General Washington), 1776-1833 Court Records

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