1800 MASON COUNTY, KENTUCKY
DOCUMENT - CAPT THOMAS MARSHALL - Handwritten deposition of William H. Beaumont
of Mason Co., KY pertaining to a lawsuit pending in Washington Co., PA. Thomas
Marshall signs, "T. Marshall" as clerk on page three. Most of the
document text appears to be in Marshall's hand. Folds reinforced with archival
tape. Seal intact.
Thomas Marshall (1761-1817) - Revolutionary War Officer; clerk
Shenandoah Co., Virginia, 1781-84; first clerk of Mason Co., KY; member of the
first Kentucky constitutional convention. This is possibly the Thomas Marshall
mentioned in Western Adventure by John McClung regarding a "remarkable"
escape from Indians on his second trip to Kentucky in 1790 (included). He was
the younger brother of Chief Justice John Marshall (1755-1835).
The subjects of the
lawsuit, John Colerick, William Hunter and William H. Beaumont were business
partners in a number of Colonial newspaper ventures in Pennsylvania and
Kentucky. On August 17, 1795, for example, they established The Washington
Telegraph and Washington Advertiser. The Mirror was established Sept. 16, 1797
by Hunter and Beaumont. They also established The Palladium at Frankfort, on
Aug. 19, 1798. Some research about Marshall included.
Offered is a 12 ¾” x 7
¾” 2 1/3 pp, legal deposition in a lawsuit filed by Hunter against Beaumont:
“The deposition of
William H. Beaumont of full age taken at the courthouse in the Town of
Washington County of Mason State of Kentucky the 17th day of October 1800 by
virtue of a commission for that purpose from the Circuit Court of Pennsylvania
for the County of Washington in a suit which John Colerick is Plaintiff and Wm.
Hunter Defendant, being duly sworn to answer interrogatories, say first whilst
he was in Partnership with Colerick & Hunter a note was drawn &
executed by David Duncan payable to Colerick, Hunter & Beaumont for a sum
of money something exceeding two hundred dollars which note, the date he cannot
positively recollect, he knows to be the subject of the suit now depending
between John Colerick and William Hunter that prior to the actual dissolution
of co-partnership but subsequent to an agreement being made for its taking
effect, William Hunter was preparing for a journey to Kentucky. Shortly before
his departure, John Colerick called upon him at the house of the defendant and
in his presence requested him to take charge of the note & collect the
money for him if possible.
“To the second
interrogatory, this defendant says that at the time of the dissolution of the
partnership an allowance was made for bad debts, this note being there due
was…included. Moreover accounts had been received of Duncan’s situation and at
that time, the debt was considered rather, in fact, tardy.
“To this interrogatory,
he sayeth that John Colerick wished Hunter to receive the money for him if it
could be got at by fair means…not to commence suit assigning as a reason in
words nearly to this effect or to this purpose that…Such a measure would be
impolite on your part as it might create…enemies and I cannot expect it of you.
“To the fourth
interrogatory he deposeth that the note in question at the time of Wm Hunter
going to Kentucky was acknowledged by all the parties as the sole property of
John Colerick that from the date of the agreement for a separation, Hunter had
no interest whatever in the note and acted in this business merely at the
agreement of Colerick that at the time Colerick registered Hunter to take
charge of the note… but of this deponent’s recollection and belief, it is as in
the hands of Atrolow Baird, Esq there on a Journey to Kentucky and deposited in
the hands by Colerick for collection and Hunter expected to meet with Baird on
his decending the Ohio and receive it from him and farther this deponent saith
not. W.H. Beaumont”
Toning, folds and splits
reinforced with archival tape. Some bleed through. Seal intact with some
residue on facing page.
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