Brooks, Andrew vs. John Small

Description:	The The file 1525-A, contains eight documents related to the suit Andrew Brooks brought against John Small for covenant broken regarding his indenture with Small as an apprentice gunsmith. File 1525 contains other documents related to the same suit. The indenture was signed in 1804 and the suit went from the Court of Common Pleas in 1813, to the Circuit Court in 1815, and finally to the Indiana Supreme Court in 1818. File 1525 contains the summons, eleven subpoenas, a bond document, an affidavit, interrogatory, and an order for dismissal. File 1525-A contains the original indenture contract, the complaint filed by Brooks, the arguments by both parties, a sheet of arithmetic from school work, as an exhibit. The Indenture of Andrew Brooks with John Small was signed on the twentieth of September 1804 by James Brooks, Andrews father and John Small a gunsmith. During the eight and half years apprenticeship, Brooks was to truly and faithfully serve Small and obey him and do no damage to his master and not waste his goods nor lend them unlawfully and not commit fornication, not contract matrimony within the said term. He would not play at any unlawful games, buy nor sell his own goods without the masters consent, and not absent himself day or night without his consent. He would also behave himself as a true and faithful apprentice ought to do during the term. The master, Small, was to endeavor to teach or cause to be taught Brooks the art and mystery of the gunsmith trade and to provide him meat, drink, washing, lodging and wearing apparel and to educate him as to the five common rules of arithmetic. At the expiration of the term Small was to provide Brooks with two vises, one hand and one stock vice, dozen files, three hammers, three pair of smith tongs, one good suit of freedom clothes complete. The contract was witnessed by SS. R. Darling and Wm. Martin. A complaint was filed in the Court of Common Pleas during the August Term 1813 against John Small, in custody, of a plea of covenant broken on an indenture signed the 20th of September 1804. The complaint restated the terms of the contract, and further stated that John Small had not taught nor instructed Brooks as far as the five common rules in arithmetic. According to Brooks lawyer, Wm. Prince, he was suing for damages of $500.00. On page four of the complaint was written, We of the jury find for the plaintiff damages for $123.80. Daniel McClure, foreman. In a third document, John Small replied against the complain by his attorney John Johnson. Small defended the wrong and injury. He stated that Brooks did absent himself without license or consent on all such days an times as Small had set apart in his family for the purpose of instructing his apprentices in reading, writing, and arithmetic particularly on every Sunday. Small was ready to verify this. Small stated he did teach and instruct Brooks in the art and mystery of the gunsmith trade and taught or caused him to be educated as far as the five common rules of arithmetic and all other things and he was ready to verify. Small also filed an interrogatory for Brooks to respond to: 1. How long did Brooks go to school and to what masters? 2. How far did he learn in arithmetic with Robert Baird? Did he make a book in which your work in arithmetic was contained while with Robert Baird? Where is that book? Did you not purposely secret that book or what has become of it? Did you not absent yourself from learning on Sundays and at other times? Did not Small frequently solicit you to attend to your book on Sundays and show you when and where were at a loss? Did not Small teach you the art or mystery of the gunsmith trade? The fourth document was Brooks response to the interrogatory. He stated he did not absent himself from service without Smalls leave. He argued that according to scripture that on Sunday man was not to work. That Small did not direct Brooks to remain at home or housed on Sunday for the purpose of being instructed in either reading, writing, or arithmetic. In a fifth document for the Circuit Court, Brooks continued: 1. During his apprenticeship he never went to school any other than M. Miller and Robert Baird. One he went six to eight weeks and one five or six weeks. 2. He was never learnt arithmetic by Robert Baird. 3. He believed that Doc. H. Tisdale did propose to once instruct him on Sundays to which he replied to the Doctor as his attention was frequently interrupted by being obligated to attend Small. 4. He made no ciphering book while going to school to Robert Baird. 5. He could not secret a non entity having never kept any ciphering books. 6. He did not absent himself from learning at anytime except on Sundays. 7. He admitted Small did offer to teach him on Sundays but it was after Small returned from meeting. 8. He admitted Small instructed him in gunsmithing. This was sworn before F. Graeter, JPKC 2nd October 1815. The sixth document was errors in content of judgment. 1. The action is improperly brought as appears from declaration the action is not maintainable in the name of the Plaintiff. 2. The ___ condition are not sufficiently set out and performance arrived.
Origin:	2019-02-14
Created By:	Indiana Territory. Court of Common Pleas (Knox County); Indiana Territory. Circuit Court (Knox County); Indiana. Supreme Court;
Contributor(s):	Beckes, Benjamin; Decker, Luke; Polke, William; McCall, William R.; Raymond, David;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/27767
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Indiana Affidavits -- Indiana Territory Bonds -- Indiana Territory Circuit courts -- Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Contracts for work and labor -- Indiana Territory Costs (Law) -- Indiana Territory Court records -- Indiana Territory -- Knox County Apprentices -- Indiana Territory Gunsmith--Indiana Territory Indentured servants -- Indiana Territory Judgments -- Indiana Territory Summons -- Indiana Territory Subpoena -- Indiana Territory Court Records

Further information on this record can be found at its source.