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~Transcripts~

~LAWSUITS~

William "Peter" Tuttle, Sr.
versus

Isaac Jones
Clay County Circuit Court
State of Kentucky
1810
Case of
"The Brindle Coloured Steer”
George Redman
Clay County Circuit Court
State of Kentucky
1834
Case of
"Slander: The Stolen Shotes”


William "Peter" Tuttle, Sr.
son of
Thomas &Elizabeth(LNU) Tuttle
b: 1769 Fairfax Co, VA
d: Abt 1855 KY
m: #1=Anna Maria "Mary" Frey
daughter of
Johann M. &Dorothea(Schmidt) Frey
b: 1768
m: #2=Elizabeth Smith,
on 21 May 1802, in Grainger Co, TN
b: Abt 1785 NC
d: Abt 1850


Special Acknowledgement
The following transcripts
were provided to us for this website by
Peter's & Elizabeth's gggg-grandson,
Dave Parman
who obtained them from the
Clay County Circuit Court records at the Kentucky
Department of Library and Archives in Frankfort
THANKS, CUZ DAVE, FOR SHARING THEM WITH US!


Peter Tuttle, Sr. vcs Isaac Jones
Clay County Circuit Court
State of Kentucky
1810
Case of

"The Brindle Coloured Steer”
~~~
Footnotes by Dave Parman

Peter Tuttle complains of Isaac Jones
in custody of Plea of Debtance for that whereas the Plaintiff on
the _____ day of _____at the County and Circuit
and there was possessed of a good beef steer of brindle coullar of the
value of Twenty-four Dollars of his own proper goods of chattler which
said steer was then and there in the possession of the said Plaintiff
and being so possessed of the said steer then and there on the day of
_____cost him the steer out of his possession and custody which said
steer so lost afterwards (to elect) on the ____day of _____ at the
County & Circuit came to the lands of the Defendant by finding. Yet
the Defendant made knowing the said steer to be the property of the
Plaintiff to him of right belonging hath refused to deliver up the
and whereas at the county and circuit of the said Defendant on the
____day of ____having then and there in the possession the said steer by
finding asked on which day at the County & Circuit of the Plaintiff
did demand to be delivered up of the Defendant the steer asked as well
as often (illegible) since but intending to deceive and defraud
the Plaintiff out of his said steer hath hitherto refused and still
doth refuse to deliver to the Plaintiff the said steer but on the
___day to aforesaid to the damage of the Plaintiff $30 & therefore sues.
~W Owsley
The above transcript desperately lacks periods and commas. I may have
incorrectly transcribed some of the words. I left the spelling as it
was, unless it appeared to be an abbreviation which might be better
understood if spelled out. For instance, “Chattler” is probably the word
“chattel”, which means personal property or movable goods. The word
“brindle” means “tawny or grayish with streaks or spots of darker color.”

The warrant for Isaac Jones reads as follows:
“The Commonwealth of Kentucky to the Sheriff of Clay County,
Greeting:
We command you as you have heretofore been commanded to take
Isaac Jones if he be found in your Bailiwick and him safely keep, so
that you have his body before the judges of Clay Circuit Court,
on the 11th day of our July term next, to answer Peter Tuttle of a
Plea of Debtance for a steer of this value of damages $30 and have
then there this writ;
Witness: Abner Baker, Clerk of our said Court,
at the Clerk's Office the 19th day of June 1810
and of the Commonwealth the 19th.
~A. Baker”

Another court document indicates that the verdict was rendered
in favor of Peter Tuttle and reads as follows:

“The Commonwealth of Kentucky to the Sheriff of Clay County
We command you that you make one steer of a brindle colour lately in
the possession of Isaac Jones of the value of Ten Dollars the property
of Peter Tuttle as appears by the verdict of a jury and the judgment
of the law lately by our said Court pronounced thereon in an Action of
Debttance also $10,58 cents which to the said Tuttle in our said Court
was adjudged for his costs in this behalf expenses whereof the said
Court in connect as appears of word and that you have the same before
the judges of our said Court at rules to be held at the clerks office
on first Saturday after the second Monday in September to render to
the said Tuttle the property and together with his costs and have then
there this writ;
Witness: Abner Baker, Clerk of our said Court
at the Clerks Office the 27th day of July 1810
of the Commonwealth the 19th.
~A. Baker”

The final document pertaining to the case reads as follows:
“The commonwealth of Kentucky to the Sheriff of Clay County
Greeting:
You are hereby commanded, that of the estate of Isaac Jones late of
your Bailiwick, you cause to be made one brindle steer of the value
of $10 if he may be had, if not then $10 his value thereof which
Peter Tuttle late in our Circuit Court, for the Clay Circuit hath
recovered against him in an Action of Debtiance also $10,91 which
in our said Circuit Court was adjudged unto the said Tuttle for his
costs by him about this suit in this behalf expended: whereof the
said________ is convict, as appears to us of record: And that you
have the same before the judges of our said Court, at the rules in
the Clerk’s Office, on the Saturday after the 2nd Monday in November
next, to render unto the said, Tuttle his steer or his value thereof
and costs aforesaid, and have then there this writ;
Witness: Abner Baker, Clerk of our said Court, at his office,
the 25th day of September 1810 and in the 19 year of the Commonwealth.
10,58 33 10,91
~Abner Baker”



Peter Tuttle, Sr. vcs George Redman
Clay County Circuit Court
State of Kentucky
1834
Case of

"Slander: The Stolen Shotes”
~~~
Footnotes by Dave Parnam.

Peter Tuttle complains of George Redman of a Plea of Trespass on the
case. For that whereas the Plaintiff has always been a true, honest
and lawful citizen of this Commonwealth and is reputed amongst his
neighbours and has never been guilty or suspected to have been guilty
or suspected to have been guilty of the crime of stealing or of any
other such crimes yet the Defendant nowise ignorant of the premises
aforesaid but wickedly contriving and maliciously intending to injure
the Plaintiff in his good character & to bring him into public scandal
& disgrace did on the _____day of______183__ at the Circuit
aforesaid and in the presence & hearing of many good citizens of
this Commonwealth speak & publish of and concerning the Plaintiff the
following false malicious defamatory words (to wit),
“Peter Tuttle (the Defendant meaning the Plaintiff) and his sons
stole my hogs and I can prove it.” Meaning that the Plaintiff had been
guilty of the following. By means of the speaking of which slanderous
words the Plaintiff says he has been greatly injured & hath sustained
damages to the amount of 1000 -wherefore he sues
~Mavise(?) V. Henderson for Plaintiff

The following deposition is with the same court papers.
The State of Indiana Barthollomew County
Rockcreek Township

By virtue of a Dedimus Potestatum to me directed I have proceded
this 26th day of March 1834 to take the deposition of
JOHN GREGORY, KEZIAH GREGORY, & MALINDA GREGORY
at the house of John Gregory between the hours of nine A.M.
and three P.M. the having had legal notice thereof to be red in
evidence in certain suit depending and undetermined in Kentucky
Clay County Circuit wherein Peter Tuttle Senior Plaintiff against
George Redman Defendant these deponents being of lawful age
and duly sworn deposeth and saith that.

Question by the Defendant to Malinda Gregory:
Do you know anything concerning of a hog that Peter Tuttle had
in his pen belonging to George Redmon defendant?
Answer:
Yes about the last of March in the year 1832 I went to Peter Tuttles
house Senior and saw a hog of George Redmans in his hog pen and told
him to turn it out and Peter Tuttle Junior said he would not turn it
out attall for the entended to keep it a few days after the hog came
to the house of John Gregory and John Tuttle and Petter acknowledged
to me that it was the same hog that they had in their pen that I
told them to turn it out
Question to Malinda Gregory by Defendant G Redman:
Malinda Gregory do you know anything about two shotes that
belonged and that was marked in Peter Tuttle’s mark?
Answer:
Yes in the month of November to the best of my knowledge in the year
1832 their caim two shotes to the house of John Gregory that belonged
to George Redman marked in Peter Tuttle senior’s mark, the shotes
that was marked such as George Redman’s sow
~Malinda X Gregory her mark
/David Stutsman (J.P)

Question by the Defendant George Redman to Kaziah Gregory:
Do you know anything about a shote of George Redmans the defendant
that Peter Tuttle had in his pen?
Answer:
Yes about the last of March in the year 1832 I went to Peter Tuttle’s
house and saw a shote of George Redman’s in Petter Tuttle’s hog pen
and in a few days the same shote that Peter Tuttle had in his pen
belonging to George Redman come to my house where it was raised and
I said to Petter Tuttle Junior there is the same shote you had in your
pen and Peter Tuttle Junior acknowledged that it was the same hog and
said Peter Tuttle said that they couch the hog with the dog on Friday
last and put it in the pen and he allowed to keep it
Question by the defendant to Kaziah Gregory:
Do you know anything about two shotes that Peter Tuttle marked
that belonged to me George Redman?
Answer:
Yes in the month of November to the best of my knowledge in the year
1832 two shotes came to my house that belonged to George Redman
marked in Peter Tuttle senior his mark
Question by the Defendant to Kaziah Gregory:
Do you know that Peter Tuttle did mark said hogs or not?
Answer:
The old man Peter Tuttle said to me that John Tuttle marked the hogs
in my mark by my orders and that they was his shotes and he entented
to keep them at the house of John Gregory and John Tuttle came and
took one of the shotes and sold it (shote to Lenard Murry for Seventy-
five Cents and the said was under six months old
~Kaziah x Gregory her mark
/Daniel Stutsman J.P.

Question by the defendant to John Gregory:
Did you hear Petter Tuttle Junior say that was the same shote
that he had up in his pen?
Answer:
Yes I did
Question by the defendant to John Gregory:
Did you know that them two hogs or shotes was mine
that Peter Tuttle Senior had marked in his mark?
Answer:
Yes I know that the shotes belonged to George Redman the Defendant
and that Tuttle sold one of the shotes and took it away
John x Gregory his mark

~~~
Sworn to and subscribed before me
Daniel Stutsman
a Justice of the Peace and for said County this above date
Given under my hand and seal this 26th Day of March 1834
~Daniel Stutsman J.P, seal









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