The Heritage of Daniel Haston

 

Samuel Cowan vs Joseph Haston
Knox County, TN "Timothy Lot" Case


Introductory Notes:

  1. This document clearly states that Daniel Haston was living on leased land (leased from John and Jane Wood, through Wood’s agent,  James Charles / Charter).  In the James Roddy estate settlement, James Roddy either owed or was owed some money to/from a John Wood of Maryville.

  2. This document clearly states that Joseph Haston was the son of Daniel Haston, and that Joseph lived in Daniel's house.

  3. Robert Houston, Knox County Sheriff was summoned to witness for the defense.  Does this mean that the Haston family had a good "law abiding" reputation in the area.  Does it mean that they had some other associations with him?

  4. The materials, as listed below, are not necessarily in accurate chronological order.

  5. To see the location where the events related to this case occurred, as well as more information about some of the people mentioned in the case - go to the "South of the Holston River, Opposite Knoxville" page on this site.


Summary of Materials & Information in this Docket File

Page That Looks Like Spine of A Book

Samuel Cowing vs Joseph Haston

  • James Cunningham summoned to witness for the defendant

  • Issued: January 15, 1800

  • Executed: January 15, 1800

  • W. Breazeale (attn. For defense)

Opposite Side of Above Page: Type Set Form Used to Summons a Witness

Same form as before, but…

  • James Cunningham

  • To appear on 2nd Monday of January, next

  • On behalf of Joseph Haston

Front of Page Looks Like Spine of a Book ("1385  1235; Samuel Cowan vs Joseph Hasting; Bill & Papers - April 1800")

Back of Page Contains Lists of Court Costs 

  • Some names mentioned:
    • George Richards 2 ("2" may refer to the number of days as a witness)
    • James Charter 2, 3
    • R Houston 6,3 (he was the Knox County Sheriff)
    • Ja(mes) Cunningham 3,3
  • Some more names & costs on another sheet:  (some of listed given below)
    • “Haston copy Narr” ( price of 80 [whatever the currency was] )
      Note: This seems to be a copy of the narration of the court proceedings.
    • Go. (George) Richards 2 days witness
    • William Charter 5 days witness
    • Houston (Sheriff, I suppose) 9 days witness
    • Attorney Breazeale (for the defendant)
    • Cunningham witness 6 days

Note:  Is this the same Cunningham who had the “burying ground” in Iredell of south Knox County, TN in which Richard G. Waterhouse and Polly (Tipton) buried their son.  (According to the RG Waterhouse journal)  Remains of a Cunningham cemetery were found in that general area (on Magazine Road in South Knox County) in 1978.

Another document that appears to be from the spine of a book

  • Samuel Cowan vs Joseph Hasting
    ………
    A string of initials that I don’t recognize
    ……..

  • Issued: 14th August, 1800

  • Executed: 16th day of August, 1800

  • R. Houston, Shff.

  • White Att.

Opposite side of the above document:

Two type set forms

  • 1st one commanded the Sheriff to…
    take the body of Joseph Hasting if he be in your county, and him safely keep, so that you have him before the Justices of our County Court of Pleas and Quarter sessions, to be held for Knox County, at the Court House of Knoxville on the second Monday of October next then and there to answer Samuel Cowan of a Plea of Tresspass (Latin words follow) to his damage one thousand dollars.
  • 2nd form…
    Know all men by these presents, that Samuel Cowan and Hugh Montgomery are jointly and severally held and firmly bound unto Joseph Hasting in the penal sum of two hundred and fifty dollars, to be void on condition that the said Samuel Cowan doth with effect prosecute a suit by him this day commenced against the said Joseph Hasting otherwise to pay and satisfy all costs and damages that may be awarded for failure. Witness our hands and seals this 14th day of August A.D. 1800.

It is signed by Hugh White (Cowan’s attorney) and by Samuel Cowan (his own handwriting) and by (blank) Montgomery (appears to be his own handwriting, but maybe not so)

Bail Bond Paper

Joseph Hastings to R Houston
---------
Daniel Hastings & David Hasting
Security

On this same page…
Sheriff Robert Houston of Knox County makes some kind of official statement on October 11, 1800.  (I can’t tell what he is saying.)  He signs and seals it.

Opposite side of that page:

State of Tennessee

Know all men by these presents that we Joseph Heastings, Daniel Heastings and David Heastings of the County of Knox in the State aforesaid do bind ourselves our heirs etc. unto Robert Houston Sheriff of The County and State ___ and  ___ assigns in the sum of two thousand dollars, to be void on condition that the above ___ Joseph Heastings doth make  his personal appearance before the Justices of our County Court of Pleas and quarter sessions at the Court House in Knoxville on the second Monday of October next, then and there to answer unto Samuel Cowan of a Pleas of trespass (Latin terms follow) to his damage one thousand dollars then and there abide the Judges and ___ of the said Court and not depart the same without leave, ___ with our ___ and dated this 16th day of August 1800.

The bond is clearly signed by…

Joseph Haston in his own handwriting.
By Daniel Heastings with his x and by the clerk who wrote the document.
By David Haston in his own handwriting.

Page That Looks Like Spine of Another Book (summons for another witness)

  • Subject Samuel Cowan vs Joseph Hasting

  • Sum:  Go. (George) Richards for plaintiff

  • Issued 14th October 1800

  • Executed 15th

  • R. Houston

Type Set Form Used to Summons a Witness (opposite side of previous page)

Same form as the one used with Robert Houston, but…

  • George Richards is summoned

  • Second Monday of January, next

  • Witness on behalf of Samuel Cowan against Joseph Hasting

  • Witnessed by the Charles McClung, Clerk…4th Monday of October, 1800

Cowans vs Hasting Narr. (Narration of Court Proceedings)

Back Side of the Above Page:

State of Tennessee, Knox County     October ___ 1800

Samuel Cowan and his Attorney complaining of Joseph Hastings ___ of the County of Knox ___ in custody of the Sheriff of a plea of trespass _______.

For this that whereof the said Samuel was peaceably of a certain close [close = lot of piece of ground] or Timothy lot situated in the County aforesaid on the South side of Holston River opposite Knoxville and being so possessed__the said Joseph on the day of ___ one thousand eight hundred at __ viz, in the County aforesaid with force and arms broke down and __ down the fence of the said ___ Timothy ot and intrude the said close or Timothy lot with his feet by walking and tramping ____ down and ___ the grass and timothy of the said Samuel in the said close and Timothy lot then and there growing of the value of fifty dollars; and also by throwing down and breaking down the fence of the said close or timothy lot caused the swine to go into the said close and timothy lot and beat down root up and destroy the grass and Timothy of the said Samuel in the said close and Timothy lot then and there growing to the value of this fifty dollars and other wrongs then and there did to the great damage of the said Samuel against the Peace of the State aforesaid wherefore the said Samuel saith he is injured and endamaged One thousand dollars and therefore he sues.

White (pro. Attorney)                 (on lower right of document…something
                                                     about John Doe…and some words I can’t
                                                     understand)

Another Page That Looks Like It Was From the Spine of the Book

Samuel Cowing vs Joseph Haston somon Robert Houston [Sheriff] for the Defenden

Executed 25 day December 1800  W. Breazeale
[Note:  Breazeale was attorney for the defendant, Joseph Haston.]

Note:  The summons was executed on Christmas day!

Back Side of Previous Page:  Type Set Form Used to Summons a Witness

To the Sheriff of Knox County

We command you to summon Robert Houston personally to be and appear before the Justices of our County Court of Pleas and Quarter-Sessions, to be held for the County of Knox, at the Court-house, in Knoxville, on the second Monday of  January next, then and there to testify and the truth to say on behalf of Joseph Haston in a certain matter of controversy in our said Court depending, wherein Samuel Cowing is Plaintiff, and Joseph Haston is Defendant.  And he shall in no wise omit, under the penalty prescribed by Law.

Signed by Charles McClung, Knox County. Court Clerk (1788)

Looks Like Spine of Another Book

  • Samuel Clowing vs Joseph Haston

  • Summon James Charter (Chartor?  Hard to read…but this is the name that appears on the court costs page for witnesses)

  • For the Defendant

  • Executed: December 20, 1800

  • W. Breazealle (attorney for defense)

Type Set Form Used to Summons a Witness  (opposite site of previous page)

Same form as before, except…

  •  James Charter

  • 2nd day of January, next

  • Witness on behalf of Joseph Haston

Cowan vs Hasting } Plea (I assume, appeal after a judgment against his case)

Back Side of This "Plea" Page:

Samuel Cowan vs Joseph Hasting

And the said Samuel saith that he by anything contained in second plea of the said Joseph in __ ___ form above pleaded ought not to be barred from having and maintaining his actions thereof against him be cause he saith that the place in which the above trespass was committed in his the said Samuel’s own freehold and that the said Joseph committed the said trespass of his own wrong and without this that he had any such justification as h hath alleged and this he prays may be inquired of by the county.

“White” Att. (attorney for the prosecution?)

D. Breazeale (attorney for the defendant)

S. Cowan vs J. Haston -- Plea

Back & Front Page With This Information:

Samuel Cowan vs. Joseph Huston / October Sessions 1800

Joseph Haston by his  attorney comes into court and defends the force and injury when and where etc and as to the coming with force and arms and everything that is against the peace of the state and also as to all the afore said trespasses, except the breaking down the fence by him the said Joseph above supposed to have been committed he the said Joseph saith he is in no wise guilty thereof as the said Samuel above thereof complains against him and of this he puts himself on the on the Country.

DWBreazeale Attorney for Defendant

And as to the breaking or pushing down the fence by him the said Joseph above supposed have been committed he the said Joseph saith that the said Samuel ought not to have or mention his said action against him for the same because he saith that before the time___ the said trespass above supposed to have been committed a certain John and Jane Wood being possessed of a lot of land ajoining the close of the said Samuel in his declaration above described by their agent James Charter leased the said lott of land to a certain Daniel Haston the father of him the said Joseph and that he the said Joseph lived in the house of the said Daniel Haston on the said lot of land and that he the said Joseph was under the direction of the said Daniel as his the said Daniels servant and that the fince above supposed to have been broken or pulled down by him the said Joseph was the fence of him the said Daniel Haston and then and there built and standing on the lot of said of land of the said Daniels above mentioned and that he as the servant of the said Daniel Haston and by the command of him the said Daniel broke and pulled down the fince aforesaid of him the said Daniel as it was compel for him to do which is the same breaking and pulling down of the fince whereof the said Samuel above complains against him and this he is ready to verify whereof he prays judgement if the said Samuel ought to have and mention his said action against him for the same.

Signed by DWBreazeale
Attorney for Defendant

Another document that I didn’t find in the file of original court documents, but that is in the transcribed version:  (Source: Bottom of page77 of what appears to be a WPA transcribed copy of the original document; specifics of the source not available)

And now at this day to wit at a Court held by the Justices aforesaid for the County aforesaid on the Second Monday of April 1801 till which time the empanelling a Jury was Respited and the plea aforesaid continued came the parties aforesaid by their attorneys aforesaid and thereupon came a Jury to wit, Robert Patterson, Robert Dimmit, Roland Childs, Acquilla Low (p. 102) ["p. 102" appears to be a WPA marking, indicating the page number of the original document from which this material was transcribed.]

John Dermand, Jr, James Rodgers, George Guthery, William Johnston, Obadiah Wood, Daniel Rather, Phillip Delancey and William Stanfield who being elected, tried and sworn to truth to speak upon the issues joined…

Note:  Is this (jury member, John Dermand, Jr.) the John Desmond, Jr. that put up security money for Daniel Haston and Elizabeth Roddy in January, 1800 in the James Roddy estate settlement?

Source:  Knox County, TN Court Case File: Docket # 1385/1235, Samuel Cowan vs Joseph Hasting (1800-1801);  Available at Knox County, TN Archives


Samuel Cowan vs Joseph Hastings, WPA Transcription
Pages 76-78 of Records of Knox County, TN Minute Book, No. 3, 1800-1802 

1235
1385
Samuel Cowan       )
         Vs                 )   T V A Q C F
Joseph Hastings      )

        Be it remembered that on the fourteenth day of August 1800 a Capias ad Respondendum was issued commanding the Sheriff of Knox County to take the body of Joseph Hastings to answer Samuel Cowan of a plea of Trespass Vi et Armis quare clausum fugit to this damage One Thousand dollars.
        And now at this day to wit at a Court held by the Justices of the Court of Pleas and Quarter Session for the County of Knox at the Court house in Knoxville on the second Monday of October One Thousand eight hundred came the Plaintiff by Hugh L. White his attorney and filed his Declaration in the following words, to wit;
                State of Tennessee, Knox County:  SST.  Samuel Cowan by his attorney complains of Joseph Hastings late of the County of Knox yeoman in custody of the Sheriff of a plea of Trespass Vi et Armis quare clausum Fugit etc, For this that whereas the said Samuel was peacably of a certain close or Timothy lot situated in the County aforesaid on the South Side of Holston River opposite Knoxville and being so possessed thereof, the said Joseph on the ____ day of ____ One Thousand Eight hundred at ____ Viz in the County aforesaid with force and arms broke down and threw down the fence of the said close or Timothy lot and with his feet by walking and tramping thereon trod down and consumed the grass and Timothy of the said Samuel in the said close and Timothy lot then and there growing to the value of Fifty dollars;  and also by throwing down and beating down the fence of the said Close or Timothy lot caused the Swine to go into the said Close or Timothy lot tred down, root up and destroy the grass and Timothy growing to the value of other fifty dollars and other wrongs then and there did to the great damage of the said Samuel against the Peace of the State aforesaid wherefore the said Samuel saith he is injured and (P. 101) indamaged One Thousand dollars and therefore he sues, etc.
        And the said Joseph Hastin by Drury W Breazeale his attorney comes into Court and defends the force and Injury when & where etc and as to the coming with force and arms and eferything [sic] that is against the peace of the State and also as to all the aforesaid Trespasses, except the breaking down the fence by him the said Joseph above supposed to have been committed, he the said Joseph saith he is in no wise Guilty thereof as the said Samuel above thereof complains against him and of this he puts himself on the Country;       And as to the breaking or pulling down the fence by him the said Joseph above supposed have been committed he the said Joseph saith that the said Samuel ought not to have or mentain [sic] his said action against him for the same because he saith that before the time when the said Trespass above supposed to have been committed, a certain John and Jane Wood, being possessed of a lot of land adjoining the Close of the said Samuel in his declaration above described by their Agent, James Charles leased the said Lott of land to a certain Daniel Hastin, the father of him the said Joseph and that he the said Joseph lived in the house of the said Daniel Hastin on the said lot of land and that he the said Joseph was under the direction of the said Daniel as his, the said Daniel's servant and that the fence above supposed to have been broke or pulled down by the the said Joseph was the fence of him, the said Daniel Hastin and then and there built and standing on the lot of land of the said Daniel's above mentioned and that he, as the servant of the said Daniel Hastin and by the command of him, the said Daniel broke and pulled down the fence aforesaid of him the said Daniel as it was lawfull for him to do, which is the same breaking or pulling down of the fence whereof the said Samuel above complains against him and this he is ready to verify, wherefore he prays judgment if the said Samuel ought to have or mentain [sic] his action against him for the same.
        And the said Samuel saith that he by anything contained in Second plea of the said Joseph in manner and form above pleaded ought not to be barred from having and maintaining his action thereof against him because he saith that the place in which the above trespass was committed is his, the said Samuels own freehold and that the said Joseph committed the said Trespass of his own wrong and without this that he had any such justification as he hath alleged and this he prays may be inquired of by the County:  And the Defendant [sic] also.
        And now at this day to wit at a Court held by the Justices aforesaid for the County aforesaid on the Second Monday of April 1801 till which time the empannelling a Jury was Respited and the pleas aforesaid continued came the parties aforesaid by their attorneys aforesaid and thereupon came a Jury to wit, Robert Patterson, Robert Dimmit, Roland Childs, Acquilla Low (P. 102)  John Dermand Jr, James Rodgers, George Guthery, William Johnston, Obadiah Wood, Daniel Rather, Philip Delancey and William Stanfield who being elected, tried and sworn the truth to speak upon the issues joined upon their oath do say the Defendant is not guilty as in pleading he hath alleged; Therefore it is considered by the Court that the Plaintiff take nothing by his Writ but for his false clamor be in Mercy etc and that the Defendant go thereof without day and recover against the Plaintiff his cost by him about his defence [sic] in this behalf expected.
Note:  On motion, It is ordered that the Defendant pay his own witnesses except the attendants of James Charles and Robert Houston;  And appeal was prayed, which was discharged.

 
Note:  Samuel Cowan died within months after this law suit was over.  A notice, dated November 3, 1801, in the Knoxville Gazette indicates that he had died and the settlement of his estate was underway.  Jean Cowan was the Administratrix and Francis A. Ramsey was the Administrator of his estate.
Source: November 11, 1801 edition of the Knoxville (TN) Gazette.