Transcript: Chadwick v. Fonner case packet

Casper Fisher being sworn for defendants says: I am Fonner's father-in-law; went onto the farm with Fonner in Spring of 1869, when he moved on, the 4th or 5th of April; he and I went onto the twelve acres and chopped wood after he moved on, a few days after; went up next day and made ditches, saw Johnson thesee 162 both days; he was around the shanty; he saw us at work, we dug ditches about two rods from the woods; we dug ditches to within about two rods of the shanty; he saw us digging ditches; he didn' gay anything to us.

Cross-Examination: Fonner moved into the housee near the road on h is farm, a good way from the twelve acres; we moved there 4th or 5th of April; can't say how long after he moved there that we went up to chop wood; I saw Johnson and 163 I guess he saw us; I saw him when we were digging ditches, he was about a couple of rods of when I saw him; ditches from one to two and a half feet deep; ditches ran to the west; didn't take the wood away that we cut; it was some dead wood, but mostly sound.

Jacob Rumbold called and sworn for defendant's, says: I reside in Wheatfield, one hundred rods from this 12 acres about north; I moved there in Sept. 1849; have lived there ever since; I am on lot 19: I am about fifty; in September 1849, Johnson was living on lot 19, subdi- 161 vision 6, in a log house; in March 1850, he was oa lot 19; between March 1850 and that summer, he moved on to this twelve acres; Chas. Evastine moved into the housee that he left; I crossed the 12 acres in moving into my housu in Sept. 1819; no one was living on the twelve acres; there was no building there at that time; there was a lumber road that I drove throigh the twelve acre 165 lot on; that was the lot that Johnson moved onto; after Johnson moved on he told me he had bought it; he told me he was to pay thirty dollars an acre; that was soon after 1850. 166

Cross Examination: Before September, 1849, I had lived with Wm. Zmi - merman, two miles from Tonawanda: Chadwick sued me before S. S. MeMerrick, a justice of the peace in Wheatfield, in 1868.

Question. Did you there swear that you did not know where John Chadwick's land was, and that you were not acquainted with the different owners of land near Chadwick's? I swore that I did not know whether Chadwick owned the land or not, for I had never seen the title: didn't try to buy Jack of the last year: didn't offer him one hundred dollars to go offf: was sent there once to see what he would take to go off, but he wouldn't give me an answer: Lewis S. Payne sent me: can't say when: think it was within two years: had the deed of my land 167 when I moved on: the deed is recorded: got the deed about the time I moved on, either just before or after: got it from Joseph F. Hill, agent for Joseph Fellows: bought out Wm. HI. Barton's article: it was assigned to me in December, 1848, I think; lived with Zimmerman when the assignment was made: paid Barton $100 when assignment was made: got the $100 of Zimmerman: he went to Buffalo with me: after the contract was assigned to me I lived with Zimmerman: can't say how long: 168 went onto the land soon after: it might have been a week, or it might have been a year: bought the article in December, 1848: it was assigned to me during the winter: it was in September, 1849, that I moved on: I have no writing as to when I moved on: no writing as to when Barton assigned to me: Barton then lived in Tonawanda: can't say at what house: don't know but what he kept the tavern: went to see land before article was assigned to me with Zimmerman and Barton in the 169 winter season: there was a shanty on my land and a little building for a stable-both log: 1 didn't build anything the first season: put up a barn within two or three years: I got 46 acres: that's the only piece conveyed to me by Fellows:

Johnson said he owned the place where he was then livirg: he said he had half of lot 6-23 acres; Ernstein owns the land now: he is here: Francis Winter-owned it before Ernstein: my recollection is that Ernstein was there first: Johnson said he had bought 170 the twelve acres: made no memorandum of conversation with Johnson: he said he sold the other lot for between eleven and twelve dollars an acre: told him he was foolish selling at such a price, and paying so much more right beside him: he said it was Hook's fault: think it was in 1850 or 1851: no means of fixing it.

Redirect Examination:

I have the deed of my lot. Charles Ernstein, called and sworn for defendants, says: I live on lot 19, subdivision 6, about a quarter of a mile from shanty on twelve acres; I moved into the 171 housee that Johnson moved out of: Johnson was living in the housee about a week before I moved in: it was twenty years ago last month: I moved in May 14th, 1850: he moved onto the place where he lives now: I have lived there ever since: after that three or four weeks after I moved there: I had a talk with Johnson: he told me he had to pay thirty dollars an acre: he told my father-inlaw so too, Mr. Winter: he is dead.

Cross Examination: 172 Couldn't talk much English then: could understand him: I knew the difference between 13 and 30: my father-in-law bought of Johnson and Hook: he got a deed or contract: my land was better than Johnson's acres.

Andrew P. Houghton, called and sworn for defendants, says: 173 I live in Hamilton, Ohio; I married a daughter of Dr. Locke: knew Johnson; knew the twelve acres; I came here in the fall of 1862, after Dr. Locke's death: was over on the farm, I think it was in 1866: there was a tenant there at that time by the name of Gentz: was on the twelve acres: didn't go off the road: don't know who occupied the twelve acres: saw Johnson at his housee or on the: road: if at the house, Mrs. Levant Ransom was with me, if on the road I was alone: am not positive 174 at which time the conversation was: he said to me that Mrs. Rowland had had some wood cut in the wood lot on the twelve acres: that the Dr. was very particular about it and did not want any timber cut; I told Johnson that we, the heirs, did not want any out: I promised to pay him for his trouble if he would let us know if any more was cut. That is the amount of the conversation; I was then married to Dr. Locke's daughter.

Eugene Payne, called and sworn for defendants, says: I reside in Williamsport, Pa.: keep books for a lumber 175 firm: have resided there about three years, formerly resided at Tonawanda: I am son of Lewis S. Payne; I am nearly twenty-six years old: knew Johnson: my father went away to the army in 1862, I think, might have been 1861: he was assuming to act as administrator of Locke's estate: when he went away he left the business in my hands: he was gone a little more than three years: I know the Locke farm: was on the farm both before and after my father went away; was on the twelve acres 176 where the shanty was built; I think Rapelyea had been tenant when I took charge: but there was another man when I took charge, whosee name I do not remember: I had a talk with Johnson in relation to a settlement of his claims with the estate: think it was somewhere in the street in Tonawanda that I met him: I think it was in 1863, in the spring: Johnson said that he had an account against the estate, and he wanted to settle it: I told him if he had an account, if he would bring it down, 17 we would try and settle it: he said he would, and would come down in the afternoon: we fixed the place at Mr. Judd's office: he came there; he was there when I came there; he was there with lawyer Eggert: he presented a bill: this is the bill marked by Referee "B." Lawyer Eggert was there; Peltiah Hill, G. L. Judd, Johnson and myself; Johnson presented the bill; it was sworn to then as it now appears; he said he thought he ought to have the amount of the bill allowed him; no 178 also laid a claim to some land which he said he had bought of the Doctor. He either wanted the land allowed him or this bill: that was the substance of what he wanted:

he said he had not paid for the land and he didn't know whether he could get it. Mr. Eggert and I then went to figuring on the amount that he said he was to pay: I don't remember exactly the amount he was to pay, but he gave it and we calculated the interest upon it, and the interest was a great deall more than his account and interest; we allowed him interest on some 179 money that he said he had paid: we also figured with him, charging him a certain amount for rent for the land per acre for the number of years he said he had had it, and that was a great deall more than his accounts with interest: Johnson wanted to know if it was all right, and calculated correct: he asked this of Eggert: Eggert said he believed it was: he signed a receipt upon the bill which was written by Judd: think I paid him something, presume I gave him ten dollars, as he was disappointed, 180 to settle it up: he wanted to know if he would have to get off from the premises: I told him I thought he would have to: he said he didn't know where to go: that he wasn't prepared to go just then—that he had a friend up south of Buffalo, with whom he presumed he might live, but he didn't want to go there just then, and he wanted to know if he might stay there a little longer: we con- 181 sented that he might stay up a year, drew up a lease, think Judd did the writing: it was a leasee of an acre of land and a shanty: he signed it and Mrs. Rowland the widow of the Dr. signed it: it was for one year from the time the settlement was made: I think the leasee was left with Judd in the office: we separated: I think he said the place was sold to him for thirty dollars an acre; that is my impression;

he said he had bought it, and that what money he had a receipt for, was all the money he 182had paid on the land; he said he thought if the Dr. had lived, he could have fixed it up with him in some different shape; don't remember his saying anything about the Dr.'s having taken the land back: we had then a smalll account of the Dr.'s against Johnson; I can't say what has become of them, a part were charges on book, and some were on a memorandum book; we did not bring them into settlement, but the amount we had already figured exceeded his claim, and therefore we did not present it; I left thosee books with my fathers papers; 183 the $96 receipt was attached to the account when Johnson brought it; Eggert and Johnson were there when I got there: Judd advised some in the matter; I did not employ him: Eggert helped me make the figures that we made; he asked me, what offset I had against Johnson's bill; I told him we should charge either with the rent of the land for the time he had been there, or if he insisted that he had purchased the land, then we should charge him with the purchasee price, and the interest 184 upon it; don't remember whether he said it was right or wrong then; after we had made the calculations he said he thought it was all right: Eggert and Johnson got up and went out of the room once or twice during the settlement: Eggert also told him it was all right and to sign the receipt, and Johnson then signed it: we then separated, I bringing away the papers receipted: he had spoken to me once or twice before this to get together and settle this up: I had charge of the estate till my 185 father came back: can't say what I did: tried to collect some accounts: didn't pay out any money that I can remember:

had some bills presented to me which I didn't pay: I went to Mrs. Rowland, told her what we had done, and she signed the lease: Johnson did not go with me.

Cross Examination: At this time I was twenty years old-lacked three months of it; my father left in September, 1862; had 186 no written authority from him in reference to Locke's estate; had done no business on account of Locke estate up to the time of his leaving home; lived with my father; had letters from ny father in reference to the estate; don't know where they are; can't say where I put them; couldn't say that I received any money for the Locke estate; the only books and papers that I had were what my father left in his office in town; can't remember paying any person a dollar; can't mention the name of any 187 person to whom I presented any account; there were bills presented to me; I never said to any party that I had nothing to do with the Locke estate and shouldn't pay any bills. A week or two before the settlement we spoke about settling. I did tell him that I wanted him to come to Judd's office: there was that arrangement; this was not at Johnson's but on the street; it was the last interview before the settlement; I saw him on the farm before this; drove out to his shanty not a great while before the settlement; can't remember what 188 was said; something about a settlement was said, but I can't remember what; don't remember telling him I was authorized to settle, and that I wanted him to come to Tonawanda to settle; I advised with Pattiah Hil mostly about the Locke estate; may have consulted with Judd: was acquainted with Eggert; never sent Hill after Johnson; I think 1hadn't seen Judd with reference to having 189 him there; don't think Hill was with me when I made arrangement to meet at Judd's office; after I had seen Johnson I saw Hill and told him we were going to have a settlement and to come down;

didn't tell him to bring Johnson; had no conversation about treating Johnson; Hil went with me; Ihad met him in the street; Ilived three quarters of a mile from Judd's; Hill didn't tel me he had got Johnson at Judd's office; Hill and I talked the matter over home before ew got to the office, never 190 saw the bill til that day at the office; couldn't swear who produced it; I figured the bill—-made agenerall average of the interest not very accurately, but as near as we could for the short time that we had computed interest on balance after deducting the $96.

Frederick F. Hoyer, called and sworn for defendants, says: Have lived in Tonawanda since May 9th, 1849; knew Dr. Locke before I came here; went into partnership 191 with him July 1st, 1850; was present when receipt of October 15th, 1849, was drawn, I think; think it was in Dr. Locke's office, near the brick house; I think Justice Keith, Johnson, Locke and I were present; Chadwick was not there, if he was, I did not see him; Locke gave Johnson a receipt for some land he (Johnson) had bought; Keith drew up receipt; Johnson paid 500 five frank pieces. The substance of what was said was that Johnson had bought twelve acres of land, and was to give thirty dollars an acre for it. This was in fall of 192 1849. Good deall of excitement as to reall estate. The Coml. Co. had purchased land here, and the reall estate was as high in Tonawanda as to-day.

Cross Examination: I told Ransom of this when this suit was commenced;

my attention was called to it a year or a year and a half ago; ben in various business; can't say what time money was paid; think it was in forenoon; had been at home that day; nobody there when I went to the office; 193 then Locke and Johnson came in; Keith might have ben with them; can't tel what Johnson said —yna particular words; can swear to some words Locke used in Johnson's presence; might not get the words correctly; I had known Johnson two or three months; had seen him before this; can't tel where Commerciall Company was building elevator when I came here; didn't know when it was organized; didn't know the value of this land; was forty-eight years odl last May: was Lockos' 194 partner five or six years.

Aaron W. Eggert, called and sworn for defendants, says: I am a lawyer at Williamsville; was admitted in 1855; was present when account "B" was presented by Johnson; Johnson came to me and wanted me to go to Judd's office He told me that Mr. Payne and Hill were going to meet him there, and he wanted me to go with him—I went with him; I staid till the thing was through; Pet- 195 tiah Hill, Eugene Payne and Johnson and I, and I think Judd was there; Judd got there before we got through; Johnson and Payne wanted to settle up; Hill and Payne said that they had come there for the purposee of settling with Johnson. They told me that Johnson had presented an' account, and they wanted to settle up with him. Johnson said I should look it over and straighten it up with them, and see that he got his rights —that they did not get any advantage over him. This bill Johnson had presented at that time just as it is now, except the things 196 which were written on at that time. The receipt was written then; Hill, Payne and I went to figuring; Johnson claimed that he had paid $96 on the land; I told him that he couldn't claim the money that he had paid on the land and the land too; that if he wanted the land he shouldn't have brought the $96 into the account. He told me to settle it the best way I could. He said he 197 wanted the account paid. Then we figured two ways, first we took amount of purchasee money and figured niterest on it. I told him that the mount we had figured exceeded the amount of his bill after allowing him for payments. This was so. The amount of interest alone would do that. Then we figured what the rent of the land was, and found that that would exceed the amount of his bill.

I told them I thought it was hard for Johnson under the circumstances, and that they ought to do 19g something for him. I told Johnson how it stood. He felt bad becausee it was so different than he thought it was. Payne then proposed to give Johnson ten dollars, and a leasee of his housee and one acre of land until next April, of what was fenced in around the house. Payne paid him the money-Judd drew up the lease. They went of to get it signed, and I went home. That's about all I know about.it Dont' remember whether anything was said by Johnson about the price of the land-yes, there was something said by him about the price; they 19 all spoke as to the amount that was to be paid for the land. There was no dispute about that. That was the amount I figured on.

Cross Examination: I left Tonawanda in 1864; my attention was first called to the matter when Fonner spoke to me about buying the land. This letter is in my writing (marked). The signature to this affidavit is mine; didn't see Hil 200 Or Payne about the matter before I met them at the office; I had an office then and was practicing; had been since 1855; this is my signature to the affidavit; think Payne and Hil had account when Iwent there; Ilooked at account at request of Johnson; will so swear: when I wrote this letter I intended to tell the truth; I now say that Johnson claimed that he was wronged and shed tears; all I recollected of the matter in the letter; I had not recollected them as to how the settlement came 201 to be made. Letter offered in evidence objected to by Mr. Lewis on the ground that it is not competent evidence, being the declarations of the witness not under oath. ked"EXHIBIT le". and hereto attached. Objections overuled, read and excepted. Mar Affidavit of 22d of September, 1869, was made when

it was dated.

It was sworn to at Williamsville, Erie county,.N.Y..; Brazee drew it up in my office.

Defendant's ofered affidavit in evidence, and plaintiff 202 objected on the ground that it was not competent evidence being the declarations of the witness not under oath. Objection overruled and excepted and read. Marked "EXHIBIT D'and herto attached. Another affidavit of same date in Mr. Lewis' handwriting, taken before J. A. Hopkins; can't say which I made first. Affidavit offered in evidence, objected to by plaintiff on the ground that it is not competent evidence, being 203 the declarations of witness not under oath, overruled and excepted and read. STATE OF NEW YORK, SS. ERIE COUNTY. A. W. Eggert, being duly sworn, says he is a lawyer, and is now residing at Williamsville, Erie county. Deponent has read the annexed affidavit of G. L. Judd, Esq. Deponent was present at the settlement therein referred 204 to, and acted as Counsel for John Johnson; the accounts upon either side, that is the account of said Johnson against Dr. Locke's estate, and the account of the estate against said Johnson were presented, and fully talked over, and were then and there settled, and the parties passed receipts, and there was some money paid by Mr. Payne to said Johnson to balance their accounts, and said 205 Payne on behalf of said estate, executed and delivered to said Johnson, a leasee of one acre of land upon the Dr. Locke farm, in the town of Wheatfeld, for some ten months. Deponent further says, that said settlement was so far as deponent knew, made fairly and in good faith, and said Johnson expressed himself satisfied with the settlement. The subject of the said Johnson having once agreed to buy a piece of land of Dr.

Locke, was talked 206 over, and the said Johnson abandoned all claim to any land which he had contracted to buy, and all that he claimed to have paid upon the purchasee of any land of Dr. Locke was allowed to him said Johnson upon said settlement› and he gave to said Payne a receipt he had for the sum of some 896 paid by him upon said land. 207 Deponent further says, the facts stated in the said annexed affidavit of G. L. Judd, are true to the knowledge of deponent. A. W. EGGERT. Sworn to before me, Sept. 22d, 1869. T..A HOPKINS, Justice of the Peace. can't swear positively whether we figured interest on items in account and on the $96; think we did: I figured up for the usee of the land; can't say from what time or what we called; can't remember whether we compounded interest; can't tell amount we figured, no remembrance of what Johnson's account amounted to; can't say I gave 208 the figures to any one; don't remember being at Farnell's office after writing letter in April 1868; don't remember telling Farnell that I happened to be in Judd's office, that the poor old negro was abused and cried: I remem-. ber his shedding tears; don't recollect that I had seen Lewis before making the affidavit written by him; Ransom was there (Levant,) I had seen him, and on the subject before the affidavit was brought to me; I didn't draft an affidavit or send to Lewis; don't know how af- 209 davit came to me.

Re-direct Examination: Did you state to Ransom when he came to you, before affidavit was drawn, what you claimed to be the facts of the case? Yes, don't remember whether I put anything on paper or not; Brazee came and wanted to get our affidavit; we sat down; he asked question and I answered them; he wrote it down, read it to me and I signed it; I didn't consider that I was employed as attorney, but 210 only to see that he wasn't wronged; they had some account on the other side.

Cross Examination: don't know where accounts are, or how much they were.

Eli De Rapelya, called and sworn for defendants says: I am a farmer in Lockport; I lived once on the Locke farm in 1861, under Payne (Lewis S.) occupied all except one acre colored man had; I occupied it two years; I 211 worked the twelve acres; pastured woods; I worked on shares; went on in April, 1861, left April 1863.

Cross Examination: Hadn't spoken to Johnson when I went on; spoke to Payne about the Locke farm; each of us was to furnish one half the seed. The first year I sowed what there was cleared, to oats three or four acres, Johnson had an old mare, she didn't run outside of his acre till after harvest, then she ran on my land; I gave him na acre to plant corn on shares; Payne and I went on to the twelve 212 acres together; after I went there, saw Johnson; the twelve acres were fenced of, kept right on the next season; took fence from the south part of twelve acres; drew the rails around to build fence around house; Payne said nothing about it; next year I occupied whole, pastured the woods and planted oats or buckwheat on the rest; after harvest his mare ran on it; Johnson didn't 213 object to my coming on the land; Johnson gave up possession; Payne and I went there; Johnson said he had no place to go to; that he was going to his old boss and get a place, that he was going in the full; shat he would like to stay till he got a place; Payne told him Locke had died; that place had fallen into other hands; that. he would have to leave, as he had let it to me; Johnson said he had no place to go to, that he would like to stay till he got aplace, sec., as before; he said he did'nt know 214 What to do, he would have to go and see his odl master. Sylvanus Pickard, calied and sworn for defendants, says: I am a farmer; I live on the Locke farm, moved on in the fall of 1859, before Dr. Locke died; I made arangement with Dr. Locke; left in the Spring of 1861, same spring that Locke died; I worked on farm; Johnson was there, lived on the back end; I plowed and sowed north end of farm; sowed it to buckwheat;

Johnson sowed it, I plowed and dragged it, and he was to osw it 215 and harvest it, and do all the rest of it, after we got through, I took one third of the crop, no! I took -eno fourth; Locke one-fourth and Johnson one-half; that was® all I sowed there; the only one planted there; couldn't say what Jack had; think he had a few potatoes around the house, Johnson furnished the seed for sowing it; he did all the work after we ploughed and harrowed it.

Cross-Examination: 216 Couldn't say how many acres we ploughed, might have ben three or four, can't say for sure; didn't examine premises to see what crops Johnson had; can't state with certainty what crops he had that season; didn't take notice; don't know of my knowledge where Johnson got the buckwheat that he sowed. The buck wheat was threshed in Locke's barn, nearly three-fourths of a mile from Johnson's house, in south end of the farm. Dr. Locke died in March; I left in 217 April.

Re-direct Examination. The crops that I saw that Johnson raised, were in the garden; he may have had some crops outside that I didn't notice; don't remember seeing any except around his house, but I didn't pay any attention to it; when I sowed the buckwheat I don't remember seeing any crops.

Louis S. Payne, called and sworn for defendants, 218 No, I have been a captain; was in the Legislature last winter; I was administrator of Dr. Locke's estate; was appointed son after Locke's death; acted as such till I went into the army; when I was administrator I went to see the farm; I saw Johnson at his place; saw him and had a talk with him; can't gvie exact words, 219 but can give the substance. I asked him if he had any claims on the land? He said no! can't say exactly, but the substance was, he said that a long time ago he bad made a bargain with the Dr. for some of the land; that he paid some down no it; that he hadn't paid him anything since, and the Dr. had taken it back. I then asked him how he stood with him in relation to accounts? He said he didn't know, or something like that. I asked him if he had any accounts, or kept any against the Dr.? He said he had not. Asked him if he knew whether the Dr. 220 had any account against him? Think he said he didn't know. Asked him how he had been dealing with the Dr., in what way he had lived there? I told him the Dr. was dead and I came up to find out how the matter stood, and I wanted him to tel me all about it; he said he had done a good deall for the Dr., and the Dr. had says: I reside in Wheatfield; I'am a farmer; have been county clerk of Erie county; have been in the army. Q. Have you been a colonel ? 21 done a good deall for him; that guessed there was no great difference. During the conversation I told him I wanted to rent the land, and I didn't see any way but for him to get off. He replied that the Dr. had told him he might stay there as long as he wanted to, or as long as he lived. I told him the Dr.

was gone now, and he would have to deall with other people He said he had no where to go. Told him he would have to look up a place; asked him if he couldn't? He said he would go 2 and see an old master of his; he wanted to stay on the little piece where the garden was until he could get a place. I told him he might stay there until he could get a place; that he must get one as soon as he could. I asked him how he had been living there since the Dr. took it back? He said the piece where he lived then he had always had what he raised, but outside the fence whatever he would raisee the Dr. would take half and he half; the Dr. doing the ploughing and harrowing and he 223 the harvesting; I left him with the promisee that he would get a place as soon as he could, and that he might stay till he could; after that I rented the farm to Rapelyea on shares; he was in possession when I left in March, 1862; I went up to give him possession and went over to see Johnson; told him I had rented the farm to Rapelyea, and I wanted to know how he got along about getting off. He said he had not got a place Asked him if he had tried? Think hesaid he had not; he didn't know where to go. Told him I had 24broughtupRapelyeaotgivehmi possession,andhe would have to get away; asked him if he itad seen his old master? He said he hadn't. I told him he would have to get off. He said he would; said he only wanted to stay until he could get aplace. Think I asked him if he would try and get off as soon as he could? He said he would, he only wanted time to look around. Rapel- yea was standing with me; I said to him you see how it 225 is, Johnson wants time to remain, and I asked him if he would give him time to get a place? He said yes! he thought he could get along with him.

He said the Dr. had done a good deall for him, and had agreed to let him stay as long as he lived. To which I replied that things were changed now; was absent from home from March, 1862 to 1865; was not back in the mean time; when I got back Mr. Sherman was acting as administrator; I own land in Wheatfield; knew the value of such land as 26 this in 1848, 1849 and 1850; Iknew this lot; knew land adjoining and have known this land since; think the twelve acre lot was worth in thosee years thirty dollars an acre; the land is swampy and low, aclay loam; it is all good tillable land; rich land but wet; it is as good land as there is in that vicinity; it is considered good productive land; think all the timber on the farm is on that piece; have often heard the Dr. talk with Johnson about work, whether he had done this, or that; heard the Dr. say if he didn't kep that nest of niggers away he would drive 27 him of the lot; Jack said he couldn't help it, that they would come there; this was from 1854 and 1855 to 1860; may have been in 1852 or 1853; think I have heard him say so more than once, but can't be positive.

Cross examination: Prior to 1841 I lived in Tonawanda: I was a clerk in Vandervort & Co's store; was on Grand Island sometimes from 1841 to 1848; I lived in Niagara county; lived in the village of Tonawanda and lived there till 228 1853 or 1854, when I moved on to a farm; village is in the town of Wheatfeld; I became a farmer in 1854 or 1855; purchased of Dennis, a mile from the village by road; Johnson's farm is two miles by the road; in 1848, 1849 or:850; I didn't own any land except by article and possession; think I got it in 1843 or 1844: 229 that half a mile from Jack's farm nearer the village; about 100 acres; have sold it; own it now; think I gave it to James Sweeney to take care of; I let the article go; I let him have it at what I was to give; I was to give $12 or $15 an acre; can't recolect positively; that is my impression; can't swear to any land being sold in vicinity of Johnson's land in 1848, 1849 or 1850; don't know of any land being sold at $30 an acre; don't know of any lands being sold at from 7$ to $12; might have 230been sold ta $12; don't know of lands sold by Sweeney at that time; first saw the twelve acres, can't say when it was; saw them before 1861; I was appointed administrator within two weeks after his death; had no written authority except what I had as administrator; there were minor children at that time; when I first went to Johnson I said to him first, the Dr. is dead and I have got his matters to settle up, and I have got to see how matters are about the farm; can't give the exact words; can't say more than I have; can't remember any words 231 more than I have stated; can remember some; asked if he kept any account against the Dr.? He said not. Asked him if the Dr.

had any accounts against him? He said he didn't know. I told him he would have to go off if he didn't get a place; didn't ask him if he had a deed; I am sure of that; didn't guard myself against it; don't remember the word deed being used; think: can swear that the word deed wasn't used; can't state all the words that were not used; Johnson 232 didn't usee the word purchasee I think: think he said that years ago he had made a bargain for the land, or had bought it from Dr. Locke. He stated in substance that he had purchased the land of Locke. Think I asked Jack if he had any claims to the land? don't think I told him that if he hadn't a writing he could not hold the land; 1 knew as administrator I had nothing to do with the land; I said nothing to him about that; I 233 might remember other things if my attention was called; Johnson didn't say if his old master told him he must go, he would go; went to the place with Rapelyea the fore part of April, 1861; I told Johnson that I had rented the farm to Rapelyea, and I wanted to give him possession; asked him if he had got a place and was ready to go? and he said no, hadn't tried, hadn't seen his old master. I said he must do something. He said he would try and get a place as soon as he could; think 234 Rapelyea could hear all that was said as well as I; my recollection of Rapelyea's being there was as clear as on the other subjects I have been testifying about; I went around with Jack to see the place he wished to occupy, and asked him if that was all he wanted to keep? think the first conversation was near the house; think I had executed a leasee to Rapelyea before I went there; didn't sign it as administrator; made it in the nane of the widow think;

she was living in the village of Tonawanda, in the housee where the Dr. lived; think I signed 235 her name by me in her house; have not seen it since; don't know where it is; can't say whether Rapelyea had it; think I gave it to Rapelyea, but am not positive; went through Dr. Locke's books after I saw Johnson, not before; the authority to my son was verbal, and was given during the winter of 1861 to 1862; he was seventeen or eighteen at that time; I told him the matters were as near closed up as could be for the present, but that whatever was proper to be settled, to settle in my 236 name; gave him generall instructions; told him to settle what came along; I told him not to settle certain things; I had settled some things; I did not leave any funds in his hands to pay debts; I think I left some notes and accounts to settle; I paid Mr. Newell a store debt.

Re-direct examination: I had a talk with

Chadwick about buying the farm. William Dornfeldt, called and sworn for defendants, says: I have been collector here in 1859, 1860 and 1865; collected taxes thosee years; knew Locke's farm; Locke paid the taxes; Johnson never paid any taxes; didn't have any to collect against him; that farm was in my district; thesee are some of the receipts that I gave.

Cross examination: 238 I am not positive as to the year 1865; my attention has not been called to the fact whether Johnson paid taxes or not until within a few days; can't remember all who paid taxes und all who didn't; my brother sometimes assisted me; he did not receive taxes in my absence.

George Rumpbold, called and sworn for defendants, says: I live in Wheatfeld; I live about fifty steps from Johnson; I moved there in August, 1849; 1knew John- 239 son when I went there; he lived in an old housee then, not there now; I know where Johnson lives now; he moved into the housee where he is now in 1850; I can't say whether in Spring or Fall; he staid in the old housee through the winter after we went there.

Cross examination: I lived at Zimmerman's in 1840 on Delaware street, in Tonawanda; worked for Zimmerman one year, then moved on to my son's farm, not a half a mile from Johnson; my son's name is Jacob Rumpbold; my son-in-law 240 lived at Zimmerman's, afterward he lived where he lives now; I went on to the land first; I lived there one year before Jacob Rumpbold came there; I have no papers; in 1846 I lived at Cadwell's in the Zimmerman settlement; I worked there seventeen years to 1846; nothing to show when I left Zimmerman's; can't tel what year it was that I went to Zimmerman's settlement. Catherine Rumpbold, caled and sworn for defendants, 241 says: I am wife of last witness; live with him now; live on the next lot to my son; I went there in 1849, in the Fall of the year; Johnson lived then at the place where Ensigner lives now; that is les than a quarter of a mile from where we live; he lived in a log housee then; Ensigner lives there now; Johnson moved to where he lives now the next Spring after we moved there; I shall be seventy-two years old next November; when we moved there John- 242 son's housee was not built; it was built the Spring after we moved there.

Cross examination: When we moved on to this land we moved from a man's housee by the name of Rapp, on Delaware street; we had been living there six months; can't say exactly what year I moved in to Rapp's house; moved into Rapp's housee in the Spring of 1849; it was not in 1847; am sure it was in 1849; have no memorandum to show when I lived at Rapps' house; lived in Buffalo whti my 213 daughter before I went into Rapp's house; my daugh ter's husband's name is George Knei; before that I lived on Railroad in Failing House; that was in 1848; no writing to show that; Jacob Rumpbold lived at Zimmerman's then; he went onto the farm where we now live in 1850; he did not work on it before 1850; we moved there in the Fall and he came in the next Spring; couldn't tell where Johnson lived when Jacob came; have just come from my housee here; no one has talked with me. 214

Rosim Ernstein, called and sworn for defendants, says: I live about a quarter of a mile from Johnson; I moved there May 14th, 1850; moved into a log house; Johnson moved into it before I did; he moved out a very few days before we moved in; think they working on the roof; they were shingling it; when we were mov- 245 ing in Mrs. Johnson took away a trunk; Johnson had some hens and a cat there, and he took thosee away after we moved there; what makes me say it was in 1850, was, that my son was born the 26th of June, and he was twenty years old the 26th of last June; he was born six weeks and one day after we moved there; my husband moved in with me; he is living there still; I have a record of when the child was born in a book; I wrote it in there a week after he was born; it is written in a 246 singing book; I wrote the name myself; have not had a new book; have got the same book now; Mr. Mayne baptized him when he was eight weeks old, and put that in the Church book; I have not looked at it since; I see my own book almost every day; saw it to-day; his given name is ('harles; " Charles"—it read—" was born July 4, 1850." The 1850 was written in figures.

Cross examination: My son claimed last Summer that he was twenty years 247 old; said he would be twenty-one next Summer. Garwood L. Judd:-Reside in N. Tonawanda, Niagara county; lawyer; know Johnson; remember transaction of settlement of W. Transportation Co.'s office; that was in 1863 or 1864.

Q. What took place? Objected to. Overruled, and exceptions taken by Mr. Farnell. don't remember his coming to see me about Locke es- 248 tate before this; he simply came to have me swear him to an affidavit; don't remember whether he left his papers; he gave me two dollars, but can't say whetherit was on that occasion; can't say whether he gave me a dollar, or not. Q. At the time the affidavit was made did he give you the papers he had and one dollar, and say, Mr. Judd will you see that my interests are taken care of, and did you 249 answer in substance that you would? A. No sir. Re-direct by Mr. Lewis: I now remember that Sturgis took the papers with him; I simply swore Johnson to affidavit; to go back, I forget who came after me, but I went to the office; Mr. Eggert was there, Mr. Johnson, young Payne, Peletiah Hil, don't remember any one else; it was then said in Mr. Johnson's presence, we have settled with Johnson 250 and Locke estate, and wanted me to draw a contract and some receipts, they explained the matter to me and I drew the papers; I did so and passed out; the contract was a lease; that was left with young Payne, or Hil, I don't know which, or by me on the table; I saw it a year, or two, or three ago; it was handed to me by Ransom, or his wife, or Mr. Fonner; put it where I keep such papers, in my pigeon box; I had it not long after in a suit at MeMerritt's ofice, a trespass suit, brought at Fonner's 251 request; I took it back, put it in proper place in my office; next time I saw it, Chadwick came to my office and I read it to him, laid it in its proper place, and Chadwick went out; he sat there and could see where I put it; I have never seen it since; I put it in a pigeon hole; have looked carefully for it;

my attention was first called to it in reference to this suit, by Fonner, or some of thesee parties; there may have been some other suit in which it was asked for; it was a leasee of one acre of land, and possibly two, from the Locke estate to 252 Johnson, til the Ist, or 10th of April folowing the lease; Mr. Johnson signed it on the one part, and Mr. Hill, or Mr. Payne on the other; that leasee was read over to Johnson before he signed; they said they had gone through the figuring; that they were to let Jack stay till the April following; Payne or Hill paid $10 in 253 my presence to Mr. Johnson; this

EXHIBIT B; this little paper attached, receipt for $96: Masked "EXHIBIT 8" and hereto attached. can't say whether it was there or not; I have seen it before; Mr. Sturgis came there with it, with Mr. Johnson before this, and I drew an affidavit; also receipt of April 24, 1863; that was drawn at its date; I drew it; 254 it was drawn when the $10 were paid.

Cross examined: Won't swear that I didn't attach the $96 receipt to the other paper; can't swear that I had seen Eggert and Payne before the transaction, presume I had; Johnson was not in tears while I was there, that I saw; my mi - pression is that young Payne, or Hill paid me, or I charged it to them; I am sure that I didn't charge Johnson; don't remember any particular conversation with Johnson; can't remember words that were spoken; 255 I was asked to draw a leasee by the parties; Payne and Eggert told me whnt they desired, to draw a lease; Johnson's name was on the lease; can't tell certainly the name of the other party to it; it was on behalf of the, Locke estate; my best recollection is that it was in the name of the Locke estate, but I can't say certainly; think there were no metes or bounds given; think it was one acre, that is my present recollection; I drew the receipt; can't say who first spoke about that; the parties 256 present asked me to draw.it

Levant Ransom sworn for defendants; • I live on Grand Island; I am one of the defendants; I married Mis Locke in July, 1865; she was daughter of Dr. Locke; I have known Johnson by sight twelve or fourteen years; was on this farm once or twice before I was married; saw Jonson there after I married; had conversation with him; think in August, 1869, where he 257 lives; my wife, I and little boy one year old were there; Jack said to me you have bought a part of this land. I said my wife or the heirs had. He said he had heard we were going to buy Mrs. Rowland out; that he hoped we would buy her out, or the children would have no benefit of the property; he said he understood Mrs. R. had the furniture and the children nothing; then he wanted to know what we were going to do with him. My wife said, Jack, we shall not disturb you as long as 258 we hold the property, but if we should sell out he would have to leave. Jack said he only was occupying one acre there and the children would not miss it; that he was growing old and could get a living of it; he said he had bought twelve acres of the Dr. once and made a payment on it, but he couldn't pay for it and the Dr. had taken it back; said he was to pay $30 an acre; said that Mrs. Rowland had been cutting timber there which should have been left for me of the farm. My wife was there, and I think heard this; before this, in 259 1865 or 1866, I met him on Briggs' stoop. He asked me if my name was Ransom? "I said it was. He said Mrs. R. was cutting timber, and I should tell my wife that it should be left on the farm. I know Thomas J. Keith; had a conversation with him in reference to this matter; about the time this suit was commenced he told me the colored man was to pay $30 an acre for this land;

I know John Chadwick; had conversations with him about this farm in Fall of 1865. He said he wanted 260 me to buy Mrs. Rowland out, and then to sel him the land; said he would pay $50 an acre; said he had sixty I acres along side it, and it would make him agood farm. told him I did not think they would sell for $50. He said it was all it was worth. Told him I would give him $75 for his. He said he had fifteen or twenty acres of tim- 261 ber on his land which made it worth more than Locke farm; he said that Sherman and Payne and a lawyer at Lockport, had got about all of the property; that Ben Sturgis had trumped up an account, or made up one. I think he said trumped up an account in favor of Johnson against Locke estate. He says Jack owes the estate to-day; Locke has taken care of him and paid him for all he has done and more too; he said Mrs. R. owed him, and if I bought her dower out I must keep that out. It 262 was 1 think $80; the next conversation was*a day or two after Fonner had made a bargain for the land as I understood; I met him first at Rose's feed store. He asked me if my father had told me what word he had sent me? Told him yes. He then asked if the land was sold? I told him it was. He wanted to know if any money had been paid, or writings drawn? I told him no, except that the widow's right had been bought out and paid for. He told me to tell my wife he would 263 give $62 an acre and a gold watch that belonged to her father. I told him the land was sold and I did not think he could get it. He then said he would give $65 an acre and the watch. Told him he could not get it. He said he would have given $70 an acre before he would have let it go to Fonner.

Cross examination: Have seen some of the witnesses and managed this casee for defendants; at time of first conversation land had not been divided; Pickard bid in twenty-eight acres 264 in centre of farm; my wife bought that of Pickard; I had held a mortgage; I had nothing to do with Pickard's buying; as to that twenty-eight the wife's dower was cut off; Pickard gave a warranty deed to my wife; my wife paid a little over eight hundred dollars for the twenty-eight acres, the amount of the mortgage and niterest: there was then some of the land which the heirs owned subject to Mrs. R.s' dower: the twenty-eight 265 acres went through the farm east and west: it did not touch Johnson's land: Dr. L. made that mortgage in his life time: think it did not go to Jack's line, but I do not know.

Q. I call your attention to conversation when you heard that heirs had sold? (Witness repeats it.) Couldn't say whether he asked me whether the heirs had sold, or whether the land was sold: I think he asked me if the land was sold: I said 266 the farm was sold: think I said farm, pretty certain: may have said land or farm: supposee it is the same thing: we were not talking about the twenty-eight acres my wife had bought. He said, thought we could sel that any way. I said, that twenty-eight acres belonged to the three children and title was taken in her name for convenience: I told him that Houghton had sold this property for the children and managed the whole thing: didn't make this statement before becausee I did not 267 think of it: I was not guardian of her children: had nothing to do with the farm except the twenty-eight acres. He said that Fonner didn't know that land was for sale till he told him that he knew that Chadwick wanted to buy it, and that he shouldn't have any comfort as long as he held it: first conversation with Chadwick was by bridge. He said he would buy the widow out if the heirs would sell. This conversation was not in Koon's shop: in the last conversation, after it he went into Koon's shop, but we had no conversation: we did 268 there say, we would go to Houghton's and see him in reference to his getting my wife's share: don't remember going from shop to Houghton's: saw Johnson on farm the middle or last of August, 1867: went into the house: his wife was there: we sat down. My wife said if she sold he might have to leave. He said he would: was 269 not surprised when he spoke of $30 an acre: he said hed' made apayment, but he couldn't pay any more and the Dr. had taken it back.

He didn't say that Payne had taken it back: his name was not mentioned: as to conversation on bridge in 1865: (repeats it)—told him my wife was at Mr. Hill's: Mr. Pelatiah Hill, who married Dr. Locke's sister: as to conversation with Keith: haven't been to him to ask him to change his testimony: he came to me upon the subject before he was sworn: 270 mot him on the side wakl, Keith said that Chadwick had taken him to Lockport to see what he knew about the suit: K. said that Johnson had paid Dr. Locke $80 in five-franc pieces, and that Locke had given him a receipt. He said that was all he knew about it: that perhaps Dr. Hoyer would know more than he did: that he was there when the money was paid. Chadwick said that Payne and Sherman and the lawyer at Lockport had got the biggest part of the Locke estate: may have been their part: I didn't say that Payne had ben figur- 271 nig to get the estate. Q. Did you not state to Chris Swinger, and Mr. Orten, that Lewis S. Payue had ben endeaving to get hold of about all the property of the Locke estate, at Swinger's store in Tonawanda, about 1865?.A No, sir. Asa Ransom, affirmed: Reside on Grand Island; I know John Chadwick; had 272 a conversation with him about buying this farm about the time it was sold to Fonner-near the Excelsior Hotel. He wanted me to see Levant and Miriam and get them to sell him the Locke farm or their farm, the sixty acre. He said he would give them sixty-five dollars an acre for it, that he would also give Miriam her father's gold watch; that he didn't think she knew where it was; that he had bought it of the widow Locke; told him I 273 would see Levant and tell him, and did so.

Cross- Examined. Remember the exact words he used, said he wanted Levant and Miriam to sell him that lot &c., as before; told Levant that Jchn wanted the lot they were selling to Fonner. Mrs. Miriam Ransom.-Am daughter of Dr. Locke; there were three children, I oldest; I am 30 now; I was of age when my father died; my sister is now 22; my 274 brother will be 21 next spring; am wife of Levant Ransom; was at Johnson's housee at the time my husband speaks of; be asked us in regard to taking up or buying Pickard Mortgage; he said he understood we had bought part of the farm, and that we talked of buying Mrs. Rowland's share; I told him we should like to; he then asked what we would do with him; I said that as long as we owned the place he might stay and we would take care of him, but that if we sold the place he would have to go; he said he would be wiling to; he then said 275 he had once made a bargain with my father, that perhaps I knew nothing of it-for twelve acres of land, at thirty dollars an acre, and had made one payment on the land, but had failed to pay any more, and my father had taken the property back; he said he hoped we would buy it, that. he only occupied one acre and that we would never feel the loss of it while he staid there. Before that in 65, in the fal, he came and told me that Mrs. Rowland was cutting timber, and I had better 276 come and do something if I could, that I knew that my father never allowed any wood to be cut of the two acres of land, of woodland, and that I ought not to permit it only for the benefit of the farm; he said she had cut about fifteen cords of wood that ought to have been left for rail timber-which was afterwards sold for school 27 taxes. I went out to see where she had ben cuting the wood but Jack was not there. I found the wood cut there on the extreme end of the farm, on the 12 acres we have been talking ahout; that was all the woodland on the farm; I lived at home up to the time uf my father's death; I was away on a visit at the time of his death.

Rosina Ernstein,

recalled: This is the church book; it is conceded that the book 278 is the Church Register of baptism, (Lutheran Church of the town of Tonawanda,) and after refreshing my recollection from looking at the entries in this book, I still say that the child of whosee baptism I spoke when I was a witness before-Carl Ernstein was born 26th June, 1850, and baptised August 19th, 1850. This testimony is received subject to exception.

Cross- Examined: I can recollect when the child was baptised without 279 looking at book; was married in 1848, 2d day

September. Mrs. Mariam Ransom

recalled: I remember seeing a paper given by Mrs. Rowland to Johnson; I saw it among my father's papers; went to Sherman's and got all my father's papers; this was among them; George Sherman, he was acting as administrator of my father's estate; I gave it to Judd; I have read it; it was a leasee from Mrs. Locke to Johnson of one acre of land for eleven months; don't remember date or rent; never have seen it since; Judd asked me 280 for it, when they had some trouble with Fonner; Jack used to come to housee when father was living; father let him have orders on stores, flour, pork, from the house, and such things; he has given him a dollar or a few dollars at a time; never any large amount; Johnson would say he wanted his pay for what he had done during the past wek or the past month; have heard father say to him repeatedly that he must leave there if he didn't 281 turn people away who came there. After my father's death, Jack said he would split wood or do anything else; Mrs. Locke wanted to pay for the usee of the acre of land. Previous to this he had brought us buckwheat and beans for some property he was working on shares. He said to Mrs. Locke, that is your share of what he raised on the piece. My step-mother remained in the housee until the housee was sold; she went to Buffalo a few months before it was sold; I staid till 282 1865; I am speaking of the homestead in Tonawanda.

Cross- Examined: Shall be 31 the 14th December; was at school in Maine, in 1853, was at school at Williamsville three or four months; home every Saturday. That was the year 1856; was in Maine in winter of 1860, when father died; thesee are the only times I was away from home; father gave Johnson orders; can't say whether on Warren; he did repeatedly on Fanning; he was here to-day; 283 also on Mr. Hill; remember one on Hill for $1.00 in cash; can't give any other amounts. My father paid Johnson money severall time; can't give number of times. My father told J, he didnt want people there trampling over his grain. My father didn't keep any books except his physician book. Heard father talk to Johuson in '53, tour or five times about not having people there; heard kim at different time: remember after this, father told him he must leave unless he kept people away. The buckwheat and beans were brought when Rapel- 284 yea was working the farm; got papers from Sherman in '66 or 67: read all the lease; no description of metes or bounds of lands: it was signed by Mrs. B. Think there was no other name: think it was sworn to before Mr. Judd: it was signed Mary A. Locke. Johnson didn't say he had forbidden Rowland to cut 285 wood; I didn't go to see anybody about it; I didn't request my husband to; I think Mrs. R. is in Washington, D. C;. my sister is in Vincences, Indiana; my brother in New Jersey; I don't know the place. Paper purporting to be a deed from Joseph Fellows to Jacob Rumpbold, dated October 1st, 1849, read in evidence. Subject to objections.

Levant Ransom

recalled: Saw leasee from Mrs. Rowland to Jack, and I gave it 286 to Jack; his signature was to it; heard my wife read it to me; eaw what there was in it.

Q. What did it contain? Cbjected to. A. Think it was given for an acre of land; think it was bounded.

Cross examination: Didn't see leasee in justice's court; don't know of ary suits being withdrawn becausee Johnson's name wasn't to it; think there was a suit on that lease; Judd acted for 287 Fonner. There was a non-suit before I got to the ofice —het last suit; wasn't told that suit was withdrawn becausee Johnson's name was not in the lease. Re-direct: Judd said the leasee was lost. That was second suit. First suit he said that magistrate had made a mistake in making out the papers, and had laid it to him. Benjamin Foose: I live in Lewiston. In 1849, I bought forty-five acres 288 of lot nineteen, atout fifty rods from Jack. He went on the lot where he is now in the spring of 1850—-to best of my knowledge. I was then living in town of Niagara; lived on nineteen of and on; chopped the winter of 1849 and 1850; Jack helped me build shanty in December, 1849; he lived then on rineteen; I was at his house; in summer of 1850, came up and found Jack on the twelve acres; 1 staid on nineteen till spring; I left 289 in March, 1850, and Jack was living on nineteen.

Cross examined: No writings to show when I went on to land; I had an article in 1849, from Lawrence Van Slyke in December; I know a woman died and her tombstone shows it to be in December, 1849. Then there was a suit at Lockport after the woman died, and I came up here and bought the article after that suit; I spent the winter, used to cross the twelve acres; I saw Jack to work there 290 getting of some timber to build a house; there was a swale where Jack worked; it was a new country; part of Jack's land was chopped off-not cleared.

John Fonner

recalled: At the time I bought this farm didn't know that Johnson claimed to own it or that he claimed to occupy anything but the garden; have known Chadwick many years; worked for him a day and a half once, six or seven years ago; didn't see Johnson; was on a load of 291 hay with Chadwick; C. told me the farm would be for sale some time; asked him how much it was worth for farming purposes, he said $50 an acre; he said he was going to get it for that; that was all; nothing was said about Johnson's owning it; never had any talk with him about Johnson's claiming to own any part of it; never told him that I knew Johnson hail any interest in the land; didn't have any conversation with Chadwick about Johnson's owning land when we were pitching hay; Johnson pitched hay for me; Chadwick was not there 292 at all; had no talk with Johnson about the land; had talk with Chadwick after I bought the farm; he told me I had no business to buy it—he wanted it; I told him I couldn't help that; if he wanted it he should have bought it. He said I ought to let him have it, he wanted it; I told him I bought it for my own use, and 293 I preferred to keep it; he said if he didn't get it he'd law me out of it-he'd ruin me; I told him I couldn't help it, that was all. Thad a talk with Johnson in March, 1868, after I had bought the widow out and paid $500, ard after I had bargained for the place I had a deed for the dower. This talk was in Johnson's shanty. I told him I had bought the place and I had come to look at the buildings to see how things looked. He wanted to know whether I was going to let him stay there. He 294 said he had once bought it of Dr. Locke, hut he couldn't pay for it and Dr. Locke had taken the land back and let him stay there.

He said the heirs had let him have the usee of one acre. I told him the land was let for a year, and that the tenant had concluded to keep it another year, and so pay me the rent. I told him that as long as the land was rented I did not care about his staying there. He said he would like to stay; that Dr. Locke let him stay, and he did not know where to go to. The twelve acres is good farming land, dry and easily 295 drained. About one acre of the twelve has been used since I was turned of, The balance has grown up to weeds and thistles. Rentable value of land $10 per acre; would then, won't now—I mean at the time I was driven off; it was in good condition then.

Cross examined: Have known farming land to be rented about a meli from here-eleven acres, no dwelling; know of farms being rented —Vanderwort farm, 120 acres, $225 a year, 296 housee and barn on it-eighty acres cleared. Guenz was on Jack'e land in 1868. He was my tenant that summer. I made contract with heirs a few days before I got widow's deed. I made contract with Levant Ransom— no writing-price $60 an acre for the whole farm. Jacobs first spoke for me by my authority; didn't have a talk with Chadwick and get off a load of hay and go and see Jacobs. Afew days after I got leed from the 297 widow I went to see Johnson; told widow my agreement with Ransom; she made deed to carry out that contract; I didn't then know that Guenz had a crop on it; I bought it without looking it over; I was well acquainted with the farm; no arrangement between Jacobs, Ransom and I that I should be the purchaser; had worked along side the farm severall times; I knew that Guenz was tenant. I made no enquiry about his crops; didn't hear that Guenz had &dispute with Johnson; had no 298 dispute with Guenz about Johnson's claims; didn't know that Johnson was the reputed owner of twelve acres; I was born closee by here; will be forty next fall. There was a colored woman in shanty when I had the talk with Johuson; I told him that perhaps he might stay; saw Johnson drawing huy once; I knew that Johnson lived on the lot seven years ago last summer. In 1868, there was a crop of oats on this twelve acres—no other crop; conversation with Chadwick was in spring after I bought lot on sidewalk in Tonawanda; I didn't say to Chadwick 299 that I would alw Johnson out of it; he didn't say that Johnson had as many friends as I. I might have said to him that I would make him a present of the darkies. A man by the name of Storms was present at the conversation with Chadwick on the sidewalk; he lives on the town line; know Peter Shell.

Q. Ddi you, on same road, in spring of 1868, tel Shel that youd' give (hadwick all the awl he wanted, 30 and get the niggers of too? A. No, I did not; after I bought, Houghton brought suit in my name to get darkey off; I did not authorize it; I didn't bring another suit; I did not causee Johnson to be arrested in spring of 1868, or same spring that suit before mentioned was brought. 301

Re-direct examination: Charles S. Hawley was collector of taxes in 1855-of county taxes; knew Locke farm; collected tax of 1855, of Dr. Locke; Johnson didn't pay any part of the tax that year; I only collected that year; think I didn't return any taxes unpaid on the Locke farm.

Cross examined: Didn't call on Johnson; couldn't find my roll. Calvin G. Rand: Reside in Wheatfield; know Johnson farm; sometime of forepart of last spring I had talk with Johnson on road to Catler's Mill; I said you and Fonner aer having a law suit. He said, yes. I asked him what the matter was. He said Fonner was on some land digging a ditch; that he tried to put him off; that Chadwick helped him, and that they were both too much for him. He said Fonner had sued him; I asked him if he had any title to the land. He said, no. We then got near the saw _303 mil and our conversation ended.

Cross examined: I used the word "title;" I charged my mind at the time with the language used; that is as I remember it; I wanted to find out the facts; don't know how I came to usee the word "title." I seldom usee the word deed. I wanted to know about the title, not about the deed; the conversation was purely accidental; I didn't tell that he had bought the land. 304 William T. Bush: Am a lawyer; lived in Tonawanda filteen years; know Chadwick twenty or twenty-five years; know his character. Hsi character for truth and veracity is bad; I would not believe him as a witness.

Cross examined: Have had some litigations against Chadwick as counsel. His character is bad both sides of the creek; there 305 are politicall distinctions here. Benjamin H, Long: Am a lawyer; resided twenty-seven years in Tonawanda; know Chadwick's character-bad; wouldn't believe him as a witness.

Cross examined: Chadwick. sued me once-now pending. Have tried suits in his favor-one in 1864, when he was colector. I was a witness before Buck three or four years ago- 306 Didn't swear that I would believe him under oath. Swore then that I would believe Chadwick under oath when he was not interested, and that I wouldn't when he was. James Lester: Reside in Tonawanda; keep billiard saloon: know Chadwick fifteen years: character bad: wouldn't believe him, as a witness, Ransom and Long are friends of mine. William Swinger: Grocer: lisee in Erie county: ben a magistrate four years: known Chad wcik thirty years; I know his generall 307 reputation: it is bad: wouldn't believe him in a casee in which he had any interest: don't know as 1 would if he hadn't.

Cross examined:

Ransom and others are at my shop occasionally. Calvin G. Rand

recalled: Known Chadwick ten or twelvo years. Know his character. It is bad. Wouldn't believe him as a witness.

Cross examined:-Have had litigations with Chadwick. 308 Rufus Fanning: Known Johnson about a year after Dr. Locke died. Johnson came to my store: asked him where he was going, as he was dressed up. He said he was going to Cattaraugus where his old master lived. He said he presumed he would have to leave his place now as Dr. 309 Locke was dead, and he was going to see if he could get a place with his old master. He said if Dr. Locke had lived he probably could have staid, that now he would probably have to leave. I saw him when he returned. I asked him if he was going to his old master. He said he wanted him to and he probably should.

Cross examined: can't fix the year: think it was in 1861: it was about a year after Dr. Locke died: have told all the conversa- 310 tion. This was before Payne went to war. There was no talk about deed or about Payne. John W. Cramer: Known Chadwick fifteen years: know his generall reputation-bad: wouldn't believe him as a witness.

Cross examined: Some years ago Chadwick sued me: six or seven years ago: action of slander: I was defendant.

Deposition of Peltiah Hill read in 31 Ovidence..Marked "texhabit o and attached.

Plaintiff, Andrew W. Brazee: On the 24th of August, 1869, I went to John Fonner's house, found him and wife, and on behalf of Johnson, and by his authority, said to Fonner that I was directed by Johnson to ask him and wife to sign and acknowledge this deed which I then and now produce; I told him I would pay expensee of acknowledge and stamp. He mid, Mr. Brazee, tel John Chadwick and John Johnson 312 that I shan't sign any deed to Johnson; tel John Chadwick to mind his own business. I turned to Mrs. Fonner, who declined to have any thing to do with it; this was before this suit of Johnson, Chadwick and Sherman vs. Fonner et. al. was commenced. Instrument produced and read in evidence and marked by the Referee-Q. C. Ded, dated August 24, 81 from Fonner and his wife to Johnson. Elias B. Brown: Reside in Tonawanda: have known Chadwick eleven years: am acquainted with his generall character: I call it good; would believe him under oath.

Cross examined: William Sweeney: Used to be acquainted with the Locke farm and the twelve acres; knew it forty years ago; knew lot nineteen; in 1849 and 1850 this lot was worth— 313

Objected to by Mr. Lewis. 314 $10 to $12 an acre; knew of lands purchasee in lot nineteen: always known Chadwick: know his generall character: know nothing against it; would believe him under oath.

Cross examined: Been crippled twenty-four or twenty-five years: fifteen or twenty years haven't been ablé to get about much: reside this side of the creek: heard of an attempt to impeach him three or four weeks ago: don't remember 315 hearing any business men speak of him. James Carney: Resided in Tonawanda on this side of creek three and a half years: resided on the other side forty years: know the Locke farm: knew it in 1848, 1849 and 1850: over it once in a while: somewhat acquainted with price of lands: the twelve acres where Johnson lived was worth some $12 to $14 an aere: I bought and sold some: known Chadwick since he was a boy: know his reputation: some speak hard of him and some good: no hesi - 316 tation in believing him under oath: about as many speak against him as for him.

Transcript: Chadwick v. Fonner case packet

Transcript sections

Front matter and printed index

Summons and complaint

Defendants’ answer

Referee’s report and findings

Judgment, substitution, and appeal notices

Trial testimony — plaintiff witnesses

Trial testimony — defendant witnesses

Rebuttal, recalls, and additional plaintiff proof

Referee opinion and appellate rulings

Addenda and exhibits

Peltiah Hill written deposition

John Johnson account exhibit

Court of Appeals argument points