John  Briles
vs
Joseph  J.  Jones

Box 95

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Mr. Jacob Vernon Clerk of the Shelby Circuit Court

            Deposition of  Robert Oldham  to be read in Evidence in a Cause pending in said Court between  John Briles  Plaintiff and  Joseph J. Jones  Defendant. And Action of Slander
Filed February 12th 1851

Deposition
of
Robert Oldham

            Of the County of Mahaska and State of Iowa taken on the 10th day of February 1851 Between the hours of Eight o’clock AM and Six o’clock PM of said day at the office of  Elbridge G. Mayhew  pursuant to the Enclosed notice to be Read in evidence in a cause pending for Slander in the Shelby Circuit Court between John Briles Plaintiff and Joseph J. Jones Defendant As Follows:
            The said Robert Oldham being duly sworn doth depose and say
Question by Defendant:  Are you acquainted with the parties to his Suit?
Answer:  I Am
Question:  Defendant     What if anything do you know of said Defendant Jones being the owner of a flock of geese, and if you know anything thereof, where did he so own the same and how did he become the owner thereof?
            Mr. Joneses wife purchased of my wife a few days previous to the Eighteenth day of April 1848 I think about twenty eight geese.
Question of same: What if any mark had the geese upon them and where were the geese, and where did you see them last?
            My original stock of geese were mostly marked I think with a split between the two Right toes of the right foot in the webb of the foot.  My original stock was about forty six or forty eight and I think I purchased of  Mr. John Fry  the fall previous About eighteen or twenty I think they were marked And the whole of the above total of geese were divided per miscenonsly between Mr. Joneses wife and  Moses Oldhams  wife for which Mr. Jones paid me for twenty eight.  I saw the geese last about the 18th of April 1848 on the place that I gave up to Mr. Jones when I started moving to Iowa.
            Question Same:  What if anything do you know of the Plaintiff taking brick which belonged to the Defendant if you know anything of the same. When and where did the same take place and State all you know about it.
            I occupied the place that I sold to Mr. Jones seven weeks after I sold to him during which time Mr. Jones went to Ohio and during his absence Mr. Briles & one  Samuel Bassett  came to me to get some brick to top out a chimney to a stilt house and I told them that I had sold the place to Mr. Jones and they must go to Mrs. Jones and ask her for the brick and Mr. Bassett went and when he returned he said the Mrs. Jones would not let them have the oven  And Mr. Briles complained that Bassett had not asked for the chimney at an old house about a fourth of a mile from the residence and after some conversation between Briles & Bassett about going back to ask for the chimney they both refused to go back to ask for the chimney.  Some days after that I asked Mr. Briles if he had got brick to finish his chimney and he replied that he had taken them from the chimney at the old house on Mr. Jones premises.  We got them up at the old house.
Whose brick were them?
            Answer:  If he got them at the house I understood him to refer they were Mr. Joneses brick.  The house had been used the winter previous to this for a School House for two quarters and was a comfortable house for a tenant to reside in and had generally been used for that purpose.  Mr. Jones had mentioned to him previous to this that as he was weak handed he would want to use it for a tenant to reside in.


Cross-Examination by Briles
            What do you know about John Briles plaintiff having the liberty both from yourself and the Defendant to remove certain loose plank from the aforesaid schoolhouse about the time said Brick were taken?
            The above question objected to by the defendant 
What neighbors were fixing up the house for a Schoolhouse they lacked some plank for the loft which Mr. Briles furnished when I sold the place I forgot to reserve the plank and mentioned the matter to Mr. Jones and he said that he might have them they were green cleve plank and that most of them layed in the North west corner of the house  I think they were newly sawn popular plank.  And Joneses plank were mostly cherry plank probably sawn few popular there were no other plank on the place belonging to Briles to my knowledge.
Robert Oldham            


State of Indiana Shelby County Sct:
            I  Elbridge G. Mayhew  a Justice of the peace before whom the above Deposition was taken do hereby certify that Robert Oldham the said Deponent was sworn accordingly to law and that the said Deposition was reduced to writing by me and that the Defendant attended and that the said Deposition was taken at my office in Addison township of the County aforesaid on the 10th day of February AD 1845 between the hours of Eight o’clock AM and Six o’clock PM
Given under my hand and Seal this 12th day of February AD 1851
E.G. Mayhews fees $1.25                                     Elbridge G. Mayhew    Justice of the peace (SEAL)


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Notice
J. J. Jones
     VS
John Briles
            I acknowledge service of the within Notice February 7th 1851 
M.M. Ray     Atty for Plaintiff                    


            Mr. John Briles, you will take notice that on Monday the 10th instant before Elbridge G. Mayhew a Justice of the peace within and for the County of Shelby and State of Indiana, at his office in Shelbyville in said County, I will between the hours of eight o’clock a.m. and six o’clock p.m. of said day proceed to take the deposition of Robert Oldham which when so taken I will read in evidence in a certain suit for slander words pending in the Shelby Circuit Court for the County aforesaid wherein you are plaintiff and I am defendant, when and where you may attend if you please and put interrogations.
Joseph J. Jones            
Shelbyville February 7th 1851

Transcribed by Barb Huff

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