Fogle versus Fogle�s Heirs
Deposition of Henry Miles
�Rec�d enclosed 12th April 1813�

The deposition of Henry Miles taken agreeable to notice on the 5th day of April 1813 at William Phillips on Hardin�s Creek Washington County, to be read as evidence on the trial of a suit in chancery now depending in the Washington Circuit Court wherein Joseph Fogle is Complainant, and Edmund Rutter, Guardian to the infant heirs of Adam Fogle, Deceased and Robert Fogle, Administrator of said Decedent are Defendants, and this deponent being of lawful age and duly sworn deposeth and saith.

(Henry Miles):  �That about twenty years ago past I first became acquainted with the Complainant in this suit and his brother, Adam Fogler, the said Complainant and his brother, Adam Fogler settling together in my neighborhood and carried on a distillery.  For several years after they commenced making whiskey I was in a habit of exchanging grain for whiskey with them.  I was always referred to the Complainant to make the contract I received payment, observing to me that he left the whole of that business to his brother as they were in partnership.�

Question by Complainant (Joseph Fogle):  �Do you not remember that you were called on to make a division of property between myself and Adam Fogle?�

Answer (HM): �I do�

By same (JF):  �Did he not refuse�

Answer (HM):  �As well as I recollect he did refuse to divide any part of the _______� (this was left blank)

By same (JF):  Do you recollect I then told him when he came to me that I had to buy clothes to put on his back�

Answer (HM):  �I do�

By same (JF):  �Did he deny it�

Answer (HM):  �He did not positively deny it but give an evasive answer but did not acknowledge it�
By same (JF):  �Do you not remember that I told him that half the purchase money paid for the negro woman Wick was mine�

Answer (HM):  �I do�

By same (JF):  �Did he deny it�

Answer (HM):  �I do not think he did�

Question by the Complainants:   �Did he not reply at the same time that the negro Wick was his own, the Bill of sale was in his own name and he would keep her for he had bought her�

Answer (HM):  �Yes�

By same (ER?):  �Did you ever understand by Adam Fogle that Joseph Fogle and himself were in partnership in the said negro Wick�

Answer (HM):  �I never understood of any partnership existing between them than what I have before stated, he never acknowledged to me that his one half of the negro Wick was Joseph Fogles�

       Henry Miles
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