Washington County Kentucky Circuit Court

I took the liberty of making spelling corrections but tried to leave their speech dialect in tact.  Underlined words are guesses or best attempts at words I was not certain of.  This was very difficult to read in spots.  Anything that is in ( ) is something I added to the original document.

The deposition of Robert H. Fogle taken at the house of John Calhoun in Springfield on the 27th day of May to read as evidence in a suit now depending in the Washington Circuit Court between Joseph Fogle, Plaintiff and the heirs of Adam Fogle, Defendants.

This
deponent being of full age and first sworn as the Law directs---- test(imony) rejected? by Plaintiff

Questioning Defendant by (John) Hammett for Defendants:
�Do you or do you not know that the out stock such as cattle, sheep and hogs was divided between Joseph Fogle and Adam Fogle

(Answer (RHF):  �Yes, the swine divided by Joseph Fogle�

By same (JH):  �Did he or did he (not) seem satisfied at that time of the division?�

Answer (RHF):  �I heard of none or ever knew of any�

By Same (JH):  �Do you know how many horse creatures there was at the time of the division and in what manner they were divided�

Answer (RHF): �There was six and Joseph Fogle got three and Adam the balance�

By same (JH):  �Do you know of the fattening hogs being killed and you helping to haul Joseph Fogle share away�

Answer (RHF):  �I know that the fattening hogs was killed and divided and that Joseph Fogle got his share and hauled them to Joseph Claytons�

By Same:  �How long was it before Adam Fogle was sentenced to the penitentiary before this division took place�

Answer (RHF):  �I am not certain as to the time but believe in and about two years�

By Same (JH):  �Did you ever see the bills of sales of two negro men, Ned and Jerry, that they was in partnership, and that Adam and Joseph Fogle was both jointly in the bills of sales�

Answer (RHF): �I have seen the bills of sale and that they was both jointly in the bills aforesaid�
By Same (JH):  �Has not Joseph Fogle this negro man Jerry in his possession and was he not always called his and no other, so far as you know of?�

Answer (RHF):  �At the division Joseph Fogle took this negro man Jerry and has kept him eversince�

By Same (JH):  �Have you not heard your father and mother say that for a considerable time since to the division that there was no money brought in to the house for whiskey sold by Joseph Fogle�

Answer (RHF):  �I have heard them say that Joseph Fogle made way with the money about the time that the partnership broke�

By Same (JH):  �Did you hear you father say that there was meal and whiskey carried a way to the Widow Clark before the partnership break and that he heard his father say that he _______ the negro man Jerry up with a bag of meal in the night to carry a way on
Suters horse and followed after and see�d whence it went�

Answer (RHF):  �I heard my father say that he believed there was whiskey carried away and that he followed the negro man Jerry and saw that he carried the meal to Lizzie Clarks�

By Same (JH):  �Did you not see a
lumber lot but that Joseph Fogle had made a noise about in the cellar at the Widow Clarks�

Answer (RHF):  �At the time Joseph Fogle moved, I was helping him and saw the lumber lot in the cellar that the noise was made about�

Question by
Plaintiff (Joseph Fogle):  Are you not the son of Adam Fogle!

Answer (RHF):  �I have always
past for his son�

By same (JF):  �Was your father agreed to divide the fattening hogs�

Answer (RHF):  �I cannot say�

By Same (JF):  �When I made the motion to divide the horses was there an equal division in them or not�

Answer (RHF):  �I think that there was not and I think that you, Joseph Fogle had the advantage in the division as you had two young ones and my father had two old ones�

By Same (JF):  �Was there not a heap of household furniture at the time of the division�

Answer (RHF):  �There was a good deal�
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